OCCUPANCY AGREEMENT FOR 306 SOUTH WASHINGTON AVENUE
OCCUPANCY AGREEMENT
MADE AND ENTERED INTO this ~A,J day of Jd.IWIU''!- ' 2004, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation ("Owner"), and ARTHUR
MILLER, ("Occupant"), now occupying premises commonly known as 306 South
Washington Avenue, Clearwater, Florida 33756 ("Premises").
WIT N E SSE T H:
WHEREAS, the Owner anticipates becoming the owner of the following real property on
or about January 22, 2004:
Beginning at the Southeast corner of the east One hundred fifty seven (157)
feet of the west Three hundred seven (307) feet of Lot 3 of R. H. PADGETT'S
SUBDIVISION according to the revised map or plat thereof as the same is
recorded in Plat Book 4, Page 32, of the public records of Pinellas County,
Florida, and run North Fifty (50) feet for a point of beginning; from said
point run West One hundred fifty seven (157) feet, thence North Fifty (50)
feet, thence East One hundred fifty seven (157) feet, thence South Fifty (50)
feet to the point of beginning.
WHEREAS, Occupant was in occupation of the above described property at the time of
purchase by Owner under an agreement with the former owners of the property; and,
WHEREAS, the Owner is desirous of allowing Occupant to continue in occupancy within
and upon the subject property at its present address on a month-to-month basis for such
period of time as Tenant elects, up to but not later than June 1, 2004; and,
WHEREAS, Occupant is desirous of continuing in occupancy thereon and therein for
such term;
NOW, THEREFORE, in consideration of One Dollar ($1.00), the receipt and sufficiency
of which is hereby acknowledged, the mutual covenants and provisions herein contained,
and other good and valuable consideration, the parties hereto agree as follows:
1. Upon title to the Premises being conveyed to the Owner, the Occupant may remain in
occupancy thereof, undisturbed on a month-to-month basis, up to but not later than
12:00 o'clock midnight, June 1, 2004. Failure to vacate by the above date and time
shall constitute a breach hereunder and this Agreement shall terminate immediately.
2. The parties agree that Occupant shall occupy the Premises as of the effective date
of title passing to the Owner in its present "as is" condition, and that Owner
shall not be obligated to maintain or repair the Premises in any way whatsoever.
Occupant agrees to make no unlawful, improper or offensive use of the Premises.
At termination of the agreement, Occupant shall remove all fixtures, equipment,
personal property, and other items or property, and return the Premises to the Owner
in as good condition as at the effective date of this agreement, in "broom clean"
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condition, subject to normal wear and tear. This agreement is binding on the
Occupant and its heirs, personal representatives and successors. This agreement
may not be assigned or transferred, except that Owner may assign any and all of its
rights hereunder.
3. Occupant shall be solely responsible for payment of the costs of all utility services to
the Premises during the term of this agreement, including but not limited to water,
sewer, electric, gas and telephone. Owner shall not incur any costs, whatsoever,
associated with the Occupant's possession of the Premises.
4. Occupant acknowledges that Occupant was in possession of the Premises prior to
the Owner taking title, and Owner does make any warranties or representations as to
condition or fitness of the Premises. Occupant agrees to assume all risks of the
Premises and all liability therefore, and shall defend, indemnify and hold the Owner,
its officers, agents, and employees harmless from and against all liabilities, expenses
and losses incurred by the Owner arising out of or related to the operation of this
agreement, including but not limited to (a) failure by the Occupant, or Occupant's
agents, to perform any provision, term, covenant or agreement required to be
performed by the Occupant under this agreement; (b) any occurrence, injury or
personal or property damage which shall happen in or about the occupied Premises
or appurtenances resulting from the condition, maintenance, construction, or of the
operations occurring within and about the occupied Premises, whether to occupant(s)
or third parties; (c) failure to comply with any requirements of any governmental
authority or insurance company insuring the occupied property or its contents and
operations; (d) any security agreement, conditional bill of sale or chattel mortgage or
mechanic's lien connected with Occupant, with Occupant's obligations or operations,
that may be filed against the property, equipment or personalty therein; and (e) any
construction, work, alterations, or improvements by Occupant on the property. Such
indemnification shall include reasonable attorneys' fees for all proceedings, trials and
appeals.
5. Owner, its employees, agents, contractors and assigns, may at any time and at
Owner's expense, enter the Premises for purposes including, but not limited to,
conducting inspections, tests, environmental and any other investigations of the
Premises, as Owner deems necessary in its sole discretion. Occupant shall grant
reasonable access to the Premises for such purposes, however, all persons entering
Premises to conduct said inspections and investigations do so at their own risk. In
addition, Occupant will, upon reasonable notice, provide utilities services as may be
required for Owner's inspections and investigations.
6. Occupant acknowledges that there shall be no parties in possession other than
Occupant and Occupant's immediate family. Owner shall be entitled to possession of
the property no later than June 1, 2004. Should the Premises not be vacated by this
date, the Owner may re-enter and take possession of the Premises, as provided by
law, and remove any and all fixtures, equipment, personal property, and other items
from the Premises. BY SIGNING THIS AGREEMENT, THE OCCUPANT AGREES
THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED IN CHAPTER 83,
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FLORIDA STATUTES, OWNER SHALL NOT BE LIABLE OR RESPONSIBLE FOR
STORAGE OR DISPOSITION OF THE OCCUPANTS PERSONAL PROPERTY.
7. Either party may terminate this agreement upon delivery of 30 days notice to the other
party by U. S. Mail or hand delivery at the following addresses:
Owner:
Mr. Reginald Owens
City of Clearwater
Community Redevelopment Agency
P.O. Box 4748
Clearwater, FL 33758-4748
Occupant:
Mr. Arthur Miller
306 South Washington Avenue
Clearwater, FL 33756
By:
CITY OF CLEARWATER, FLORIDA
BY~ Ik
.. ,... ~ .c.t.. ~~
William B. Horne II
City Manager
Approved as to form:
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Attest:
La a Lipowski
As istant City Attorney
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