THREE YEAR LEASE AGREEMENT
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Lease Agreement
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THIS LEASE AGREEMENT is entered into this 10 day of ~~2007,
by and between the City of Clearwater, a municipal corporation, hereinafter referred to
as "Lessor", and the Civil Air Patrol SER FL 153, an auxiliary ofthe United States Air
Force located at 1000 N. Hercules Ave., Clearwater, Florida 33765, herein referred to
as "Lessee".
That in consideration of One Dollar ($1.00) and other good and valuable
considerations to it in hand paid, the receipt whereof is hereby acknowledged, and in
further consideration of the covenants herein contained on the part of the Lessee to be
kept and performed, the Lessor does hereby lease property as described in "Exhibit A"
at the Clearwater Airpark located at 1000 N. Hercules Ave., Clearwater, Florida 33765.
The parties hereby agree as follows:
1. The term of this lease shall be for three (3) years beginning January 1, 2008 and
ending December 31, 2010. The Lessor retains the right to terminate this lease for
any municipal purpose consistent with the Lessor'scharter; and, in addition, Lessor
may terminate this lease if the State of Florida or any of its agencies or political
subdivisions thereof acquire the demised property or any portion thereof for a
public purpose.
Should construction on the new Fixed Base Operator (FBO) building be started
prior to the completion of the term of this renewal agreement on December 31,
2010, the Civil Air Patrol will be required to remove the trailer from the airpark
premises. Desk space will be provided in the new FBO building, office of the
Airpark Operations Manager. Use of the meeting room will also be available.
2. It is understood and agreed that the leased premises are to be used as a training
facility for seniors and teenage cadets in ground crew operations and
communications systems. The squadron will be "on call" to assist in times of
emergency and to aid in search and rescue missions as approved and assigned by
the U.S. Air Force. It is further understood and agreed thatthe leased premises
shall be used only for public purposes and that in no event shall the Lessee permit
the premises or any portion to be used for a purely private or individual purpose. It
is likewise understood and agreed that all alteration and installation expenses
incident to the above shall be borne by the Lessee, and that any significant
alteration of the demised premises shall require prior approval of the Lessor.
3. It is understood and agreed between the parties that the Lessee shall not make
any assignment, sale or other transfer of this lease.
4. In the event that the City Council of said Lessor should at any time during the
existence of this lease decide that said premises or any part thereof is needed for
any municipal purpose, the lease shall cease and terminate after thirty (30) days
written notice to the Lessee.
Civil Air Patrol Lease Agreement
Page 1
5. It is further provided that if at any time in the future, improvements or additions of a
permanent or lasting nature are made to said premises, and at the time of the
making of said additions and improvements, the City Manager of the Lessor
corporation is notified in writing of the cost and nature of same, and his written
approval is obtained, then and in that event, and upon cancellation of this lease in
the manner set forth in paragraph 4 of this lease, the Lessor shall pay over to the
Lessee the cost of such additions and improvements, less depreciation.
6. The said Lessee covenants and agrees to make no unlawful, improper oroffensive
use of said demised premises nor to permit its use in any way to become a
nuisance to other users of the property in its area.
7. The Lessee may place appropriate signs on the demised property as long as said
signs conform to the ordinances of the City of Clearwater, Florida, presently in
force or passed during the term thereof regarding signs; provided, however, that no
sign other than the signs as aforesaid shall be painted, erected, constructed or
maintained by the Lessee and provided further that the Lessee shall upon the
expiration of the term hereof completely remove any signs as might be permitted
during the term hereof.
8. The Lesseewill be responsible for all electric, water and telephone service.
9. It is further agreed between the parties hereto that in the event said Lessee should
breach any of the covenants herein contained or should the demised premises
cease to be used by the Lessee for the purposes herein set forth for a period of
thirty (30) days at any time after the inception of this lease, then said Lessee shall
become a tenant at sufferance and the said Lessor shall have the right, privilege
and option after notice in writing to said Lessee of the breach of said covenants or
agreements, to declare this lease terminated.
10. The Lessee assumes full responsibility for and covenants and agrees to indemnify
and hold harmless the Lessor, its agents and employees, from and against any and
all actions, claims, losses or expenses (including attorney's costs) for any damages
because of bodily injury, personal injury or property damage, including loss of use
thereof, resulting from the Lessee's use or occupancy of the demised premises.
11. This lease shall be binding upon the parties hereto, their successors,
administrators and assigns.
12. The Lessee agrees to comply with the insurance requirements shown in Exhibit B.
Civil Air Patrol lease Agreement
Page 2
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In Witness whereof, the parties hereto have set their hand and seals, this If) day of
~.b.A.- ,2007.
Countersigned:
-~~
Frank Hibbard .
Mayor
CITY OF CLEARWATER, FLORIDA
By: A7. /JA~~-:o:.
~. Horne, II .
City Manager
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Attest:
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Camilo Soto
Assistant City Attorney
By:
Civil Air Patrol lease Agreement
Page 3
EXHIBIT
A
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SCALE: 1".20'
lEASE DESCRIPTION:
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Township 29 South, Ronge 15 Eost, P....eJlos
County, florido; thence N8919'10"W 0
distance of SO.OO feet; thence N0016'Sg"r
o <l;stonce of 50.00 feet; thence
N89'19'10"W 0 distonce of 145.20fee\;
thence Noo'6'S9"E 0 distonce of 1.58.47
feet; thence S60'IJ'4J"W 0 distance 01
186.36 feet for 0 Point Of Beginning;
thence S72'10'IS"W 0 distonce 01 63.10
leet; thence N16., 7'JJ"W 0 distonce of
81.38 feet; thence N72'SO'58"E 0 cflStonce
of 61. 79 leet; thence S17, 2'52"( 0
<listanc.or 80.62 reet to the Po....t 01
Beginning.
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
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Exhibit "B"
INSURANCE REQUIREMENTS
1. Lessee shall maintain:
a. Comprehensive General Liability insurance on an occurrence basis in an
amount not less than $1,000,000 combined single limit Bodily Injury Liability
and Property Damage Liability.
b. Workers' Compensation Insurance applicable to its employees, if any, for
statutory coverage limits in compliance with Florida laws, including
Employers' Liability, which meets all state and federal laws.
2. Additional Insurance. The City is to be specifically included as an additional insured
on all liability coverage described above.
3. Notice of Cancellation or Restriction - All policies of insurance must be endorsed to
provide the City with thirty days notice of cancellation or restriction.
4. Certified Copies of Policies/Certificate of Insurance. Upon specific written request of
the City, the Lessee shall provide the Lessor with certified copies of all policies of
insurance as required above. In the absence of a specific written request, the Lessee
shall provide the Lessor with Certificates of Insurance showing the Lessee has, at all
times, the insurance coverage required by the Lease. Unless notice is given to Lessee
otherwise, such Certificates of Insurance shall be provided to the Marine & Aviation
Director. The first Certificate of Insurance required by the lease shall be provided to the
Marine & Aviation Director before occupancy of the demised premises by the Lessee.
Civil Air Patrol lease Agreement
Page 4