COMMUNITY GARDEN LEASECOMMUNITY GARDEN LEASE
_ THIS COMMUNITY GARDEN LEASE (this "Lease"), is entered into this 1 day of
____ , 2024, (the "Effective Date") by and between the COMMUNITY REDEVELOPMENT
AGEN Y OF THE CITY OF CLEARWATER, FLORIDA, a public body corporate and politic of the
State of Florida created pursuant to Part III, Chapter 163, Florida Statutes ("Lessor"), and
CLEARWATER COMMUNITY GARDENS, INC., a Florida non-profit corporation ("Lessee")(each
individually referred to herein as a "Party" or collectively as the "Parties").
WHEREAS, Lessor is the fee simple owner of that certain real property located at 1277 Grove
Street, Clearwater, Florida, 33755, as more particularly described on Exhibit "A" attached hereto (the
"Property"), which includes a community garden (the "Garden") on a portion of the Property as more
particularly described on Exhibit "B" attached hereto (the "Premises"); and
WHEREAS, Lessor desires to lease the Premises to Lessee, and Lessee desires to lease the
Premises from Lessor, for the purpose of operating and maintaining the Garden on the Premises, subject to
the terms of this Lease; and
NOW, THEREFORE, in consideration of the rental payment and mutual covenants and
conditions set forth in this Lease, the receipt and sufficiency of which are hereby acknowledged, the Parties
hereby agree as follows:
1. LEASE OF PREMISES; CONDITION
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, subject to all
terms and conditions set forth herein. Lessee acknowledges that it is fully familiar with the physical
condition of the Premises and accepts the Premises in its "as -is", "where -is" condition.
2. LEASE TERM
The initial term of this Lease shall commence on the Effective Date and end on the last day of the
twelfth (12th) month following the Effective Date (the "Initial Term"). This Lease may be renewed for
two (2) one (1) year renewal periods (each an "Extension Period") unless terminated prior to the expiration
of the Initial Term or any Extension Period, as applicable. The Initial Term, as extended or earlier
terminated in accordance with this Lease, is referred to collectively in this Lease as the "Term." Either
Lessor or Lessee may terminate this Lease for any reason or no reason at all at any time by providing not
less than thirty (30) days advance written notice to the other Party.
3. RENT
For the Term of this Lease, Lessee shall pay to Lessor, on or prior to the Effective Date and in
lawful money of the United States, as rent for the Premises ("Rent"), the amount of One Dollar and 00/100
Cents ($1.00) to P.O. Box 4748, Clearwater, Florida 33758, or at such other address or to such other person
as Lessor from time to time may designate. Any other sums due from Lessee to Lessor under this Lease
shall be referred to as "Additional Rent".
4. USE OF PREMISES
(a) Permitted Use. The Premises shall be used only as a community garden to be
operated by Lessee, and Lessee shall allow community residents approved by Lessee ("Garden Users") to
grow produce and horticultural plants for their consumption and enjoyment and for the consumption and
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enjoyment by their friends and relatives on a not-for-profit basis (except as expressly provided herein) under
the direction of Lessee, subject to such reasonable rules and regulations as may be imposed by either Lessor
or Lessee. No alcoholic beverages may be sold or served on the Premises, including at any special event
pursuant to Section 9 of this Lease. Notwithstanding the foregoing, Lessor shall have the right to disallow
Garden Users from using the Premises.
(b) Signage. Lessee's use of signs in connection with the Premises shall be subject to
the prior approval of Lessor, which approval may be withheld in Lessor's sole and absolute discretion, and
shall be in accordance with regulations and ordinances of the City of Clearwater, or other applicable law.
Any approved signage shall be installed and maintained at Lessee's sole cost and expense and shall be
removed upon expiration or termination of this Lease unless Lessor elects to retain same upon not less than
ten (10) days' notice to Lessee.
(c) Rules and Regulations. Lessor and Lessee shall each have the right, from time to
time, to impose reasonable rules and regulations for the use of the Premises by Garden Users. Lessee shall
comply, and cause all Garden Users to comply, with any rules and regulations imposed by Lessor. To the
extent any rules and regulations imposed by Lessor conflict with any rules and regulations imposed by
Lessee, Lessor's rules and regulations shall govern.
(d) Hazardous Materials.
(i) Lessee shall not operate the Premises, and shall not allow any Garden User
to use the Premises, in a manner that would allow (A) any insecticides, pesticides, fertilizers, fungicides or
other garden waste from draining off of the Premises to the Property or any adjacent land; or (B) any toxic
and/or hazardous substances and/or petroleum products to be leaked, spilled, discharged or released upon,
into, or buried under any part of the Premises, except for insecticides, pesticides, fertilizers, and fungicides
used in accordance with (1) labelling instructions in normal agricultural uses, and (2) in full compliance
with all applicable federal, state and local laws and regulations.
(ii) Insecticides, pesticides, fertilizers, and fungicides may only be stored on
the Premises in a locked storage unit and must comply with all applicable federal, state and local laws and
regulations. Such items shall not be stored in any manner or amount to reasonably be considered an
increased fire or explosion risk, or hazardous or extra hazardous by any insurance company insuring
agricultural land in Pinellas County.
(iii) Lessee shall implement reasonable rules and regulations for Garden Users
related to the use and storage of insecticides, pesticides, fertilizers, and fungicides, and Lessee shall
diligently monitor and enforce such rules and regulations.
(iv) Lessee shall immediately notify Lessor of any violation of paragraph
4(d)(i) above, or any other contamination of the soil, subsurface soil or groundwater on, under or about the
Premises, and shall promptly, at its sole expense, cure such violations.
5. UTILITIES
Unless otherwise provided for herein, water, sewer, electric and all other utilities of any kind shall
be billed directly to and paid by Lessee, and shall be individually metered for the Premises. All deposits for
such utilities shall be the sole responsibility of Lessee. Lessee shall not make any modification to utilities
currently on the Premises, or install any additional utilities, including, without limitation, irrigation systems,
without the written approval of Lessor, which approval shall not be unreasonably withheld, conditioned or
delayed.
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6. TAXES AND ASSESSMENTS
If any ad valorem taxes, intangible property taxes, personal property taxes, or other liens or taxes
of any kind are assessed or levied lawfully on Premises based on Lessee's use of the Premises during the
Term, Lessee agrees to pay all such taxes, assessments or liens, within thirty (30) days after receiving
written notice of same (either from Lessor or the taxing authority). If Lessee fails to pay all such taxes
assessed or levied on the Premises within such thirty (30) day period, Lessor may, but shall have no
obligation to, pay such taxes, liens, or assessments, which Lessee shall immediately reimburse Lessor as
Additional Rent together with interest, calculated at the maximum rate allowed by law, and any related
costs incurred by the Lessor, including, without limitation, reasonable attorney's fees.
7. MAINTENANCE
Lessee shall, at its own expense, maintain the Premises in an orderly, neat and safe condition in
accordance with the principles of good crop husbandry as practiced in Pinellas County, Florida. No trash
or debris may be stored or allowed to remain on the Premises. Tools and supplies for the community garden
shall be secured in storage units or removed from the Premises daily. Vegetative material (e.g. compost),
additional dirt for distribution to Garden Users, and other bulk supplies shall be stored to the rear center of
the Premises, shall be kept in a neat and orderly fashion and shall not create a visual blight or produce
offensive odors on or about the Premises or the Property. Power tools (e.g. mowers, tillers) shall be stored
at the rear of the Premises, secured in storage units, or removed from the Premises when not in use. Lessee
shall maintain any and all fences along the boundaries of the Premises in accordance with applicable law.
Should Lessee default in any of its maintenance responsibilities hereunder, Lessor may, but shall have no
obligation to, complete such maintenance as Lessor shall deem necessary in its sole discretion. All costs
and charges expended by Lessor for maintenance shall be deemed Additional Rent for which Lessor shall
invoice to Lessee.
8. HOURS OF OPERATIONS AND NOISE LIMITATIONS
Subject to reasonable rules and regulations imposed by either Lessor or Lessee, no gardening
activities shall take place before sunrise or after sunset. Garden hours and Lessee's contact information
shall be conspicuously posted on the Premises. The use of hand tools and domestic gardening tools is
encouraged; the use of small power equipment, such as gas -powered tillers and edgers is allowed. Gas -
powered equipment which is greater than ten horsepower is prohibited.
9. SALE OF PRODUCE AND HORTICULTURAL PLANTS
The community garden is not intended to be a commercial enterprise; however, there may be
occasions when surplus is available. The produce and horticultural plants grown shall not be sold wholesale
nor offered for sale on the Premises except as provided for in this section. Surplus produce and horticultural
plants may be sold off the premises provided such sale is in accordance with applicable law. Surplus
produce and horticultural plants may be sold on the Premises during fundraising events with the prior
written approval from Lessor of such event, which approval shall not be unreasonably withheld, conditioned
or delayed so long as Lessee obtains and provides to the Lessor's satisfaction, proof of a special event
insurance policy which includes coverage for general liability and coverage for personal injuries or property
damage caused by any Garden Users, guests or invitees of Lessee or Garden Users during such event.
10. OBSERVANCE OF LAWS AND ORDINANCES
Lessee agrees to, and shall cause all Garden Users to, observe, comply with and execute promptly
at its expense, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
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governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the
Premises.
11. ASSIGNMENT OR SUBLEASE
Lessee may not assign or in any manner transfer, or grant or suffer any encumbrance of Lessee's
interest in, this Lease in whole or in part, nor sublet all or any portion of the Premises, or grant a license
concession or other right of occupancy of any portion of the Premises, without the prior written consent of
Lessor in each instance, which consent may be withheld in Lessor's sole and absolute discretion.
Notwithstanding the foregoing, Lessee may sublet portions of the Premises to provide for use of individual
garden plots within the community garden by Garden Users. Such subleases shall be subject to all
provisions of this Lease and shall require a written waiver of liability in favor of Lessor, which shall be
provided to Lessor in advance of occupancy or use of the sublet Premises. Lessor shall have the unrestricted
right of assigning this Lease at any time, and in the event of such assignment, the Lessor shall be relieved
of all liabilities and obligations hereunder.
12. ALTERATIONS AND IMPROVEMENTS
Lessee may not make any structural improvements to the Premises, however may make minor
improvements consistent with operation and management of a community garden. Minor improvements
(herein, "Improvements") shall include but not be limited to garden boxes, irrigation facilities, water
spigots, fencing, and lockable storage units. Any Improvements installed on the Premises shall be installed
and maintained at Lessee's sole cost and expense. Allowable Improvements shall not include permanent or
temporary bathroom facilities. Lessee's design plans for any Improvements shall be in accordance with
applicable law and shall be subject to prior written approval by Lessor, which approval shall not be
unreasonably withheld, conditioned or delayed. Lessee shall have no power or authority to permit
mechanics' or materialmen's liens to be placed upon the Premises in connection with Improvements,
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor,
discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on
Lessee's behalf. On or prior to the expiration or termination of this Lease, Lessee shall, at Lessee's expense,
remove all of Lessee's personal property and Improvements from the Premises, and Lessee shall return the
Premises as vacant land free of all trash and debris. All personal property and Improvements remaining on
the Premises after the last day of the term of this Lease shall be conclusively deemed abandoned and may
be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal.
13. PARKING
Parking is not allowed on the Premises at any time by Lessee, Garden Users, or any of their guests
or licensees.
14. RIGHT OF ENTRY
Lessor and its agents shall have the right to enter the Premises, during all reasonable hours, to
examine and/or make such repairs, additions or alterations as may be deemed necessary for the safety,
comfort, or preservation of the Premises and/or the Property, or to remove placards, signs, fixtures,
alterations, or additions which do not conform to this Lease or applicable law. This Section 14 shall not
impose any obligation on Lessor to do any of actions allowed under this Section 14.
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15. INSURANCE
(a) Lessee shall, during the entire Term, keep in full force and effect (1) minimum
general liability insurance for the Premises of One Million Dollars ($1,000,000.00) per person, Two Million
Dollars ($2,000,000.00) aggregate, and (2) workers' compensation insurance in statutory limits. The
policies shall name Lessor and any persons, firms or corporations designated by Lessor, and Lessee as
insured, and shall contain a clause that the insurer will not cancel or change the insurance without first
giving the Lessor thirty (30) days prior written notice. The insurance shall be written by a company
reasonably approved by Lessor and a copy of the policy or a certificate of insurance shall be delivered to
Lessor no later than the Effective Date, and evidence of renewals shall be delivered to Lessor annually
thereafter. Nothing herein shall be considered to limit the liability of the Lessee under this Lease.
(b) Lessor may obtain and maintain separate insurance for the Premises, however
Lessee's insurance policies and the coverage provided shall be primary, and any coverage carried by Lessor
shall be noncontributory with respect to policies carried by Lessee.
(c) Lessee agrees to indemnify, defend, save and hold harmless the Lessor, its officers,
agents and employees, from and against any and all claims, liabilities, suits, losses, fines, and/or causes of
action that may be brought against Lessor, its officers, agents and employees, on account of any act or
omission of Lessee, its agents, servants, or employees in the performance of this Lease and resulting in
personal injury, loss of life or damage to property sustained by any person or entity, including all costs,
reasonable attorney's fees, expenses, any appeals, and including the investigations and defense of any action
or proceeding and any order, judgment, or decree which may be entered in any such action or proceeding,
except for damages specifically caused by or arising out of the gross negligence or willful misconduct of
the Lessor, its officers, agents, employees or contractors.
(d) Lessor shall not be liable for: (a) damage to any equipment, personal property, or
horticultural plants on the Premises, including theft, vandalism, collision, fire, or any other damage to such
items; (b) loss of use of any such items which may be damaged while using the Premises; or (c) any injury
to any person using the Premises.
16. DESTRUCTION OF PREMISES
In the event that the Premises or any improvements to the Premises made by Lessee should be
partially or totally destroyed by fire, earthquake, hurricane or other natural cause, Lessor shall have no
obligation whatsoever to repair or rebuild the Improvements or the Premises. Lessee may, at its sole
discretion and sole cost and expense, rebuild or repair the Improvements or the Premises.
17. EMINENT DOMAIN
If all or any substantial part of the Premises shall be taken or appropriated by any public or quasi -
public authority under the power of eminent domain, or conveyance in lieu of such appropriation, Lessor
shall be entitled to any and all income, rent, award, or any interest whatsoever in or upon any such sum,
which may be paid or made in connection with any such public or quasi -public use or purpose, and Lessee
hereby assigns to Lessor any interest it may have in or claim to all or any part of such sums. Lessee shall
not be entitled to any damages by reason of the taking of this leasehold, be entitled to any part of the award
for such taking, or any payment in lieu thereof.
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18. SUBORDINATION
This Lease and the rights of Lessee hereunder are made subject and subordinate to all mortgages
or other instruments of security now or hereafter placed upon the Premises by the Lessor; provided,
however, that such mortgages and other instruments of security will not cover the equipment and furniture
or furnishings on the Premises owned by Lessee or any Garden User. Lessee agrees to execute any
instrument of subordination which might be required by any mortgagee of the Lessor.
19. DEFAULT BY LESSEE
Upon the continuance beyond expiration of applicable notice and grace periods, if any, of one or
more of the events as expressed below in (a) through (f), inclusive (individually and collectively, an "Event
of Default"), the Lessor shall have any and all rights and remedies hereinafter set forth:
(a) In the event Lessee should fail to pay any installment of Rent, Additional Rent, or
any other sums required to be paid hereunder, within twenty (20) days after the same become due.
(b) In the event a petition in bankruptcy (including Chapter X and Chapter XI
bankruptcy proceedings or any other reorganization proceedings under the Bankruptcy Act) be filed by the
Lessee, or be filed against Lessee, and such petition is not dismissed within ninety (90) days from the filing
thereof, or in the event Lessee is adjudged bankrupt.
(c) In the event an assignment for the benefit of creditors is made by Lessee.
(d) In the event of an appointment by any court of a receiver or other court officer of
Lessee's property and such receivership is not dismissed within twenty (20) days from such appointment.
(e) In the event Lessee fails to keep, observe or perform any of the other terms,
conditions or covenants on the part of Lessee herein to be kept, observed and performed for more than
twenty (20) business days after written notice thereof is given by Lessor to Lessee specifying the nature of
such default, or if the default so specified shall be of such a nature that the same cannot reasonably be cured
or remedied within said twenty (20) business day period, if Lessee shall not in good faith have commenced
the curing or remedying of such default within such twenty business (20) day period and shall not thereafter
continuously and diligently proceed therewith to completion.
(f) In the event Lessee fails to maintain the Premises as a community garden.
20. REMEDIES OF LESSOR
(a) In the event of any such Event of Default, Lessor shall have the right to re-enter
the Premises after summary proceedings to dispossess Lessee and all other occupants therefrom and remove
and dispose of all property therein in any manner provided by Florida law.
(b) In the event of any such Event of Default, the Lessor shall have the right, at its
option, to declare the rents for the entire remaining term and other indebtedness, if any, immediately due
and payable without regard to whether or not possession shall have been surrendered to Lessor, and may
commence action immediately thereupon and recover judgment therefor.
(c) In the event Lessor has secured the right by law to dispossess Lessee of the
Premises, and should Lessee fail to remove its property therefrom within three (3) days of notice from
Lessor, Lessor shall have the right to remove all or any part of the Lessee's property from the Premises and
6
any property removed may be stored in any public warehouse or elsewhere at the cost of, and for the account
of Lessee and the Lessor shall not be responsible for the care or safekeeping thereof, and the Lessee hereby
waives any and all loss, destruction and/or damage or injury which may be occasioned by any of the
aforesaid acts.
(d) Any and all rights, remedies and options given in this Lease to Lessor shall be
cumulative and in addition to and without waiver of or in derogation of any other right or remedy given to
it under any law now or hereafter in effect.
(e) Any Rent or Additional Rent not received within twenty (20) days of when due
shall bear interest at the maximum rate allowed by law.
21. ADDITIONAL RIGHTS OF LESSOR AND LESSEE
No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be
cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure of
Lessor or Lessee to insist upon the strict performance of any provision hereof or to exercise any option,
right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the
future. Receipt by Lessor of any Rent, Additional Rent or other sum payable hereunder with knowledge of
the breach of any provision hereof shall not constitute waiver of such breach and no waiver by Lessor or
Lessee of any provision hereof shall be deemed to have been made unless made in writing. Lessor and
Lessee shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of
any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to
any other remedy allowed to Lessor or Lessee by law or equity.
22. ESTOPPEL
Lessor may, from time to time, request that Lessee execute an estoppel (an "Estoppel") as to the
terms and status of this Lease in a form provided by Lessor. Lessee will execute such Estoppel and return
same to Lessor within five (5) days after Lessor delivers same to Lessee.
23. NO SECURITY
Lessee acknowledges that Lessor will not provide any attendants or security services at the
Premises. Lessee shall be solely responsible, at Lessee's expense, for installing, operating and maintaining
any access control and security systems at the Premises, and Lessee is solely responsible for the safety and
security of persons and property at the Premises.
24. NOTICES, DEMANDS AND OTHER INSTRUMENTS
Any notice to be given or served upon any Party hereto in connection with this Lease must be in
writing and may be given by certified or registered mail, or by reputable overnight delivery service, and
shall be deemed to have been given and received when a certified or registered letter containing such notice,
properly addressed, with postage prepaid, is deposited in the United States mail; or if sent by overnight
delivery service, upon delivery to the recipient (or refusal of delivery by the recipient or his or its agent);
or if given otherwise, it shall be deemed to have been given when delivered to and received by the Party to
whom it is addressed. Such notices shall be given to the Parties hereto at the following addresses:
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If to Lessor:
Copy to:
If to Lessee:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF CLEARWATER, FLORIDA
P.O. Box 4748
Clearwater, Florida 33758
Attn: Executive Director
CITY OF CLEARWATER, FLORIDA
P.O. Box 4748
Clearwater, Florida 33758
Attn: City Attorney
CLEARWATER COMMUNITY GARDENS, INC.
1277 Grove St.
Clearwater, Florida 33755
Attn: President
Any Party hereto may by giving five (5) days written notice to the other Parties hereto
designate any other address in substitution of the foregoing address to which notice shall be given.
25. SEPARABILITY; BINDING EFFECT
Each provision hereof shall be separate and independent and the breach of any such provision by
Lessor or Lessee shall not discharge or relieve Lessee or Lessor from its obligations to perform each and
every covenant to be performed by Lessee or Lessor hereunder. If any provision hereof or the application
thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remaining
provisions hereof, or the application of such provision to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby. All provisions contained in this Lease
shall be binding upon, inure to the benefit of, and be enforceable by, the respective successors and assigns
of Lessor or Lessee, as the case may be, to the same extent as if each such successor and assign were named
as a party hereto. This Lease may not be changed or modified except by a writing signed by Lessor and
Lessee.
26. QUIET ENJOYMENT
If the Lessee pays the rent it is obligated hereunder to pay, and observes all other terms, covenants
and conditions hereof, it may peaceably and quietly have, hold and enjoy the Premises during the Term of
this Lease, subject, however, to all the terms of this Lease.
27. COUNTERPARTS
This Lease may be executed in one or more counterparts and shall be deemed to have become
effective if and only if one (1) or more of such counterparts shall have been signed by or on behalf of each
of the Parties hereto (although it shall not be necessary that any single counterpart be signed by or on behalf
of each of the Parties hereto, and all such counterparts shall be deemed to constitute but one and the same
instrument), and shall have been delivered by each of the Parties to the other.
28. CURING LESSEE'S DEFAULT
(a) If Lessee shall default in the performance of any of Lessee's obligations under this
Lease, Lessor, without thereby waiving such default, may (but shall not be obligated to) perform the same
8
for the account and at the expense of Lessee, without notice, in a case of an emergency, and in any other
case, only if such default continues after the expiration of (i) applicable grace periods provided in this Lease
for cure of such default, or (ii) if no such period is specified herein, twenty (20) business days from the date
Lessee receives written notice of such default from Lessor.
(b) For the purpose of this subparagraph, rent shall be deemed paid when mailed first
class mail, postage paid, to Lessor at the address hereinafter designated, or such other address as Lessor
may, in writing, direct to Lessee.
29. NO JOINT VENTURE
Nothing contained in this Lease shall be deemed or construed to create a joint venture or any
association whatsoever between Lessor and Lessee, it being expressly understood and agreed that neither
this Lease nor any other provisions contained in this Lease nor any act or acts of the Parties hereto shall be
deemed to create any relationship between Lessor and Lessee other than the relationship of Lessor and
Lessee.
30. ATTORNEYS' FEES
In the event of any action or proceeding brought by either Lessor or Lessee against the other under
this Lease, the prevailing party shall be entitled to recover all costs and expenses including the fees of its
attorneys in such action or proceeding (including proceedings at appellate levels) in such amount as the
court may adjudge reasonable as attorneys' fees.
31. SUCCESSORS
All rights and liabilities herein given to, or imposed upon, the respective Parties hereto shall extend
to and bind the several respective heirs, executors, administrators, successors, and permitted assigns of the
Parties.
32. ENTIRE AGREEMENT
This Lease and Exhibits, if any, attached hereto and forming a part hereof, set forth all covenants,
promises, agreements, conditions and understandings between Lessor and Lessee concerning the Premises
and there are no covenants, promises, conditions or understandings, either oral or written, between them
other than are herein set forth. No provision of this Lease may be amended or added to except by an
agreement in writing signed by the Lessor and Lessee or their respective successors in interest.
factor.
33. TIME OF THE ESSENCE
Time is of the essence of this Lease and each and all of its provisions in which performance is a
34. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.
35. CHOICE OF LAW
This Lease shall be governed by and interpreted in accordance with the Laws of the State of Florida.
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36. VENUE
Venue shall be in the Middle District of Florida or in the Circuit Court of the Sixth Judicial Circuit
in and for Pinellas County, Florida.
37. APPLICABLE LAW
Lessee agrees to, at its sole cost and expense, comply with and observe all applicable federal, state,
and local laws, rules, regulations, codes, and ordinances, as they may be amended from time to time, and
to obtain and maintain all licenses and permits necessary to use the Premises as permitted herein.
38. RADON GAS
Pursuant to Florida Statutes, Section 404.056(8), the following disclosure is required by law: Radon
is a, naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,
may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your county public health unit.
39. MEMORANDUM OF LEASE
Lessee shall record in the Public Records of Pinellas County a memorandum of this Lease upon
direction to do so by Lessor. Lessee may not record a memorandum of lease or any other writing pertaining
to this Lease without the written consent of Lessor, which consent may be delayed, withheld, or denied by
Lessor in its sole and absolute discretion. Lessee shall be responsible for the payment of any applicable
recording fees.
IN WITNESS WHEREOF, the Parties hereto have executed this Lease as of the Effective Date.
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Approv - + as to form:
(LESSOR SIGNATURE PAGE)
Matthew J. Mytych,
CRA Attorney I 2
Date:
LESSOR:
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a public body
corporate and politic of the State of Florida
created pursuant to Part III, Chapter 163, Florida
Statutes.
Brian J. A,st, Sr.
Chairper
Date:
Attest:
kJLLks Qi -LC
Rosemarie Call �p���jLOPM��!�,i,�
City Clerk l�, /),),- 4/ •\\��G\'1PRWA :..
Date:
. z0�:' OORPORATF y'iOn
F.'1:-7!
"SEAL
.......
NINIII• ..
*`ll -0,11,8111,100,
(LESSEE SIGNATURE PAGE)
LESSEE:
CLEARW
ANC., a Florida non-
'"
UNITY GARDENS,
tion.
y:
Name:
Title: p 1 --
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was ackwylejad before me b p sica presence or
online otarization, this \ day of tov ll� , 2024, byt� N \ t , as
7"(tSVIUM of Clearwater Community Gardens, Inc., a Florida non- rofit
olporation on behalf of the company. He/She is personally known to me or who produced
QX\\i � \ 1 `,1Si., as identification.
1 l
Print Name: �7 �. CloliLJU'et
Notary Public
"Y�� Courtney M. Holzwarth
=r° °4M Comm.: HH 387361
Expires: April 17, 2027
„' ` Notary Public - State of Florid
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
THE WEST 100 FEET OF LOT 19, THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA;
AND
LOT 18, AND THE EAST 108.5 FEET OF LOT 19, LESS THE EAST 20 FEET OF LOT 18, AND THE
SOUTH 20 FEET OF LOTS 18 AND 19, PREVIOUSLY DEDICATED FOR ROAD RIGHT-OF-WAY
PURPOSES, OF THE PADGETT ESTATE SUBDIVISION, ACCORDING TO THE MAP OR PLAT
THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 11, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA;
AND
LOTS 27, 28, 29, 30 AND 31, RE -SUBDIVISION LOTS 11, 12, 13, 14 & 15 PADGETT'S ESTATE,
ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
13
EXHIBIT "B"
DESCRIPTION OF PREMISES
LOTS 28, 29, 30 AND 31, RE -SUBDIVISION LOTS 11, 12, 13, 14 & 15 PADGETT'S ESTATE,
ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 12, PAGE 24,
PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
1