UNSIGNED LEASE AGREEMENTLEASE AGREEMENT
THIS LEASE AGREEMENT, made this day of ,2024,
by and between PINELLAS COUNTY, a political subdivision of the State of Florida, having its
principal office at 315 Court Street, Clearwater, Florida 33756, hereinafter referred to as
"COUNTY," which terms shall include COUNTY'S designated agent(s) and/or successors in
interest, and THE CITY OF CLEARWATER, having its principal office at 100 S. Myrtle Avenue,
Clearwater, Florida 33756, hereinafter referred to as the "LESSEE," jointly referred to from time
to time throughout this Lease as the "Parties."
WITNESSETH
1. PREMISES: In consideration of the rent hereinafter agreed to be paid by the LESSEE to
COUNTY, and in consideration of the covenants of the respective Parties hereto, the
receipt and sufficiency of which is hereby acknowledged, the COUNTY does hereby lease
to the LESSEE, that certain portion of the property located at 509 East Avenue South, Suite
227, Clearwater, FL 33756 as depicted in Exhibit "A" attached hereto and fully
incorporated herein (the "Premises").
2. TERM: This Lease shall be for a term of one (1) year. The "Commencement Date" shall
be March 1, 2024, and continue in full force and effect until February 28, 2025. This Lease
shall automatically renew for four (4) successive one (1) year terms unless either Party
provides not less than sixty (60) days written notice to the other Party of their intent to
terminate same at any time during the term of this Lease.
3. RENT: The Rental Rate shall be Forty -Four Thousand Seven Hundred Eighty -Five dollars
($44,785.00), payable in full on October 1 of each year that this Lease is in effect, or as
may be prorated from the first day of occupancy by the LESSEE. Parties agree that a five
(5) percent increase to the current annual rent will become effective at beginning of the
following renewal period and will remain in effect until the end of that renewal period.
Tenant agrees to pay COUNTY an Annual Rent according to the schedule below. Common
area expenses are included in the Annual Rent. "However, if COUNTY sells Premises at
any time this Lease is effective, LESSEE will have sixty (60) days to vacate".
PERIOD
BASE
RATE /
RSF
TOTAL
SQ FT
ANNUAL
RENT
MONTHLY
RENT
TERM OF LEASE (03/01/2024 to
02/28/2025)
$13.00
3,445
$44,785.00
$3,732.08
RENEWAL PERIOD (03/01/2025 to
02/28/2026)
$13.65
3,445
$47,024.25
$3,918.69
RENEWAL PERIOD (03/01/2026 to
02/28/2027)
$14.33
3,445
$49,375.46
$4,114.62
RENEWAL PERIOD (03/01/2027 to
02/29/2028)
$15.05
3,445
$51,844.24
$4,320.35
RENEWAL PERIOD (03/01/2028 to
02/28/2029)
$15.80
3,445
$54,436.45
$4,536.37
4. USE: The Parties hereto agree and LESSEE further covenants that during the continuance
of the Lease the Premises shall be used and occupied as general business offices, and for
no other purpose or purposes, without written consent of the COUNTY. LESSEE shall not
allow the Premises to be used for activities that are prohibited in all COUNTY -owned or
COUNTY -occupied buildings or land under the provisions of Federal, State, or local laws,
rules, regulations, or ordinances. By way of illustration and not limitation, State law
prohibits the use of COUNTY -occupied buildings or land for political fund raisers [see
§106.15(4), Florida Statutes], and Federal and State law prohibits use of COUNTY -
occupied buildings or land for any implied promotion of a religion. LESSEE shall not
make or permit any offensive or unlawful use of said Premises. All rights of LESSEE
hereunder may be terminated by the COUNTY in the event that any other use be made
thereof. No alcoholic beverages will be allowed on the Premises in accordance with
Ordinance No. 00-42.
5. MAINTENANCE AND SERVICES: LESSEE, at all times, shall maintain the interior
of the Premises in a clean and orderly condition, free from all debris, throughout the Lease
Term. COUNTY shall provide janitorial services and other building services. Throughout
the Lease Term, COUNTY shall, at its sole cost and expense, maintain in reasonably good
condition, order, and repair, or replace, the structural portions of the Premises and Building,
including the foundation, floors, roof, and supporting walls and exterior of Premises.
LESSEE shall immediately give COUNTY written notice of any defects or need for repairs
in Premises known to LESSEE or claims or instances of bodily injury resulting or allegedly
resulting from said defects or need for repairs known to LESSEE, whether COUNTY is
obligated to make such repair or not. COUNTY or its agent shall have sufficient time to
commence correction of any deficiencies after notice by LESSEE. However, COUNTY
shall not be required to make any such repairs where same are caused or occasioned by the
negligence or willful misconduct of LESSEE, its agents, employees, or invitees.
6. INSURANCE: During the term of this Lease, LESSEE shall maintain both worker's
compensation and general liability insurance pursuant to Florida Statute 768.28(16)(a),
both in amounts equaling or exceeding five hundred thousand dollars exactly
($500,000.00).
7. LIABILITY OF COUNTY: COUNTY shall not be liable to LESSEE or any other
persons for any injury suffered by the LESSEE's employees on said Premises. Instead,
such injuries shall be processed through the LESSEE's worker's compensation program.
Any injuries occurring on said Premises when sustained by persons other than the
LESSEE's employees shall be governed by ordinary tort principles governing liability,
subject to Florida's sovereign immunity limitations.
8. ASSIGNMENT AND SUBLETTING: LESSEE agrees not to assign or in any manner
transfer this Lease or any estate or interest therein without the previous written consent of
the COUNTY, and not to sublet said Premises or any part or parts thereof or allow anyone
to come in with, through or under it without like consent. Such consent is at the sole
discretion of COUNTY. Consent by the COUNTY to one or more assignments of this
Lease or to one or more sublettings of said Premises shall not operate as a waiver of
COUNTY's rights under this section.
9. ALTERATIONS, MECHANIC'S LIENS:
A. LESSEE will not make any alterations, improvements, or additions in or to the
Premises, or install any equipment of any kind that will require any alteration or
addition to, or use of the water, heating, air-conditioning or electrical or other building
systems or equipment, without the prior written consent of COUNTY. LESSEE shall
pay for all charges for labor, services, and materials used in connection with any
improvements or repairs to the Premises undertaken by LESSEE. All such additions,
improvements, or fixtures, except movable office furniture, shall become the property
of COUNTY and remain upon the Premises and be surrendered at the end of the Lease.
B. Any mechanics liens against the Premises, LESSEE'S leasehold, or the land and
building arising out of work performed by or for LESSEE are hereby expressly
prohibited and in the event of the filing of any Claim of Lien, LESSEE shall promptly
satisfy same or transfer it to a bond; and LESSEE shall in any event protect
COUNTY'S interest in underlying real estate and shall hold COUNTY harmless
against any such claims.
10. COVENANT AGAINST LIENS: LESSEE shall have no power or authority to create
any lien or permit any lien to attach to the present estate, reversion or other estate of
COUNTY in the Premises herein, on the building or other improvements thereon, and all
materialmen, contractors, artisans, mechanics, and laborers and other persons contracting
with LESSEE with respect to the Premises or any part thereof, are hereby charged with
notice that they must look to LESSEE to secure payment of any bill for work done or
material furnished or for any other purpose during the term of this Lease.
11. POSSESSION: LESSEE shall be granted possession and full use of the Premises upon
the commencement of this Lease and all terms and conditions set forth herein shall
immediately commence upon full signature by all Parties. LESSEE will occupy common
ingress and egress and some common parking areas ("Common Areas") with other tenants
as set forth in Exhibit "C", attached hereto and fully incorporated herein. COUNTY may
restrict LESSEE from certain common areas from time to time, which will not affect
LESSEE's access to or occupancy of the Premises pursuant to this Lease. Parking is
provided to LESSEE located as set forth in Exhibit "D".
12. LIABILITY: Each party agrees to be responsible for its own negligence and that of its
employees and agents, subject to any limitations on liability established by law, including
the provisions of Fla. Stat. 768.28. Nothing contained herein shall be construed as a waiver
of any immunity or limitation of liability either party may have under the doctrine of
sovereign immunity or Fla. Stat. 768.28.
13. DESTRUCTION OF PREMISES: If the Premises shall be destroyed by fire, storm, or
other casualty or be so damaged thereby as to become wholly or partially unusable,
COUNTY may, by written notice delivered to LESSEE, within thirty (30) days after such
destruction or damage, elect to rebuild or repair. In such event, LESSEE may elect to either
terminate this Lease as of the date of casualty or continue this Lease, and COUNTY shall
rebuild or repair the Premises within a reasonable time after such election, putting the
Premises in as good condition as they were at the time immediately prior to the destruction
or damage. If LESSEE elects to continue this Lease, rent will be abated from the date of
casualty until the date LESSEE occupies the Premises following rebuild or repair.
14. PERSONAL PROPERTY: All property of any kind of LESSEE'S that may be on the
Premises during the continuance of the Lease, including but not limited to equipment,
furniture, and furnishings owned by LESSEE, shall be at the sole risk of LESSEE. LESSEE
shall be solely responsible for any damage or injury to any such property located on the
Premises, or injury or damage to any person or additional property as a result of the
presence of LESSEE's personal property on the Premises or Facility.
15. DEFAULT: If the LESSEE should fail to keep and/or perform any of the terms,
covenants, conditions, or provisions in this Lease the COUNTY, upon becoming aware of
the occurrence of a default shall notify LESSEE of the default and its demand to cure the
default. LESSEE shall have fifteen (15) days from the date of notice to file default to cure
said default, or to commence a cure of such default, which once commenced the LESSEE
agrees and shall pursue continuously until the default is finally cured. Upon LESSEE'S
failure to either cure said default or to commence a cure to said default, it may be lawful
for the COUNTY to declare said term ended and to re-enter upon the Premises and to retake
possession of the said Premises by process of law, or COUNTY may have such other
remedy as the law and this Lease afford.
If COUNTY should fail to keep and/or perform any of the terms, covenants, conditions, or
provisions in this Lease the LESSEE, upon becoming aware of the occurrence of a default
shall notify COUNTY of the default and its demand to cure the default. COUNTY shall
have fifteen (15) days from the date of notice to file default to cure said default, or to
commence a cure of such default, which once commenced the COUNTY agrees and shall
pursue continuously until the default is finally cured. Upon COUNTY's failure to either
cure said default or commence a cure to said default, the LESSEE may either, at the
LESSEE's option, either terminate this lease or, if the default relates to the COUNTY's
failure to maintain the premises pursuant to Paragraph 6 of this lease, commence Self -Help.
"Self -Help" will be defined as the LESSEE' s ability to perform the necessary repairs at its
own expense and under its own permitting system, if applicable. Any Self-Help performed
will be subject to Section 10 herein.
COUNTY may re-enter the Premises using such force as may be necessary without being
liable to any prosecution. COUNTY may repair or alter the Premises in such manner as
COUNTY may seem necessary or advisable to re-let the Premises. Should COUNTY need
to pursue any of its remedies, COUNTY shall be entitled to recover damages, including
costs and attorney's fees. Failure to elect any of the available remedies upon the occurrence
of any default shall not operate as a waiver of any future election of remedies.
16. COUNTY'S PERFORMANCE: COUNTY shall be excused for the period of any delay
in the performance of any obligations hereunder when prevented from so doing by cause
or causes beyond COUNTY's reasonable control which shall include, without limitation,
weather events, County emergencies, governmental regulations, orders, moratoriums, or
controls, fire or other casualty, inability to obtain any material, services or acts of God.
17. WAIVER: One or more waivers of any covenant or condition by the County shall not be
construed as a waiver of a subsequent breach of the same covenant or conditions, and the
consent or approval by COUNTY to, or of any act by the LESSEE requiring the
COUNTY'S consent or approval, shall not be construed as a consent or approval to or of
any subsequent similar act by LESSEE.
18. OBSERVANCE OF LAWS: LESSEE agrees to observe and comply with all local, state,
and federal laws, rules, requirements, orders, directives, codes, ordinances, and regulations.
19. ACCESS TO PREMISES: The COUNTY shall have the right to enter upon the leased
Premises at all reasonable hours for the purpose of making repairs, conducting
maintenance, inspecting, or conducting tests upon the Premises. Such events shall not
unduly interfere with LESSEE'S business, except as is naturally necessitated by the nature
of the work.
20. RELATIONSHIP OF PARTIES; CONSTRUCTION OF LEASE. Nothing contained
herein shall be deemed or construed by the Parties hereto, nor by any third party, as creating
the relationship of principal and agent or of partnership or of joint venture between the
Parties hereto, it being understood and agreed that any other provision contained herein,
nor any acts of the Parties herein, shall be deemed to create any relationship between the
Parties hereto other than the relationship of COUNTY and LESSEE. Whenever herein the
singular number is used, the same shall include the plural, and the masculine gender shall
include the feminine and neuter genders, as appropriate.
This Lease shall be governed by the laws of the State of Florida. Any changes in applicable
laws which govern this Lease will necessitate a change in Lease terms and conditions
which may be affected thereby, at the time such changes may arise.
21. NOTICES: All correspondence and insurance certificates shall be forwarded to the
COUNTY at the following address.
Department of Administrative Services
Facilities and Real Property Division
Attn: Real Property Division Manager
509 East Avenue South, 2nd Floor
Clearwater, FL 33756
until LESSEE is notified otherwise in writing; and all notices given to the COUNTY
hereunder shall be forwarded to the COUNTY at the foregoing address, by registered or
certified mail, return receipt requested, until LESSEE is notified otherwise in writing.
All notices given to the LESSEE hereunder shall be forwarded to LESSEE at the
following address:
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
by registered or certified mail, return receipt requested, until COUNTY is notified
otherwise in writing.
22. AUDIT: LESSEE agrees to maintain complete and accurate records of all business related
to this Agreement. All records shall be maintained in accordance with COUNTY policy,
and inspection of records shall be pursuant to Chapter 119, F.S. In addition, COUNTY
reserves the right to audit such records pursuant to Pinellas County Code, Chapter 2.
LESSEE agrees to retain all business records required by this paragraph for at least three
(3) years beyond the term of the Lease or any extensions thereof.
23. QUIET ENJOYMENT: The COUNTY covenants and agrees that upon LESSEE
performing all of the covenants and conditions aforesaid on LESSEE'S part to be observed
and performed, the LESSEE shall and may peaceably and quietly have, hold, and enjoy the
Premises hereby for the term aforesaid.
24. COUNTY RESERVATION FOR DISASTER RELIEF: Notwithstanding other
provisions of this Lease, COUNTY expressly reserves the right to utilize the Premises for
disaster preparedness and/or disaster relief activities. Determining the need to exercise this
right will be in the sole discretion of COUNTY but will not preclude LESSEE'S continued
use of the Premises to the extent it does not interfere with COUNTY'S disaster-related
activities or any other provisions of this Lease.
25. PUBLIC ENTITY CRIME ACT: LESSEE is directed to the Florida Public Entity Crime
Act, section 287.133, Florida Statues, as amended from time to time, and the COUNTY'S
requirement that the LESSEE comply with it in all respects prior to and during the term of
this Lease.
26. RADON GAS: 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.
27. HAZARDOUS SUBSTANCES: LESSEE shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Premises. LESSEE
shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation
of any Environmental Law. The preceding two sentences shall not apply to the presence,
use, or storage on the Premises of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal maintenance use.
LESSEE shall promptly give COUNTY written notice of any investigation, claim, demand,
lawsuit, or other action by any governmental or regulatory agency or private party
involving the Premises and any Hazardous Substance or Environmental Law of which
LESSEE has actual knowledge. If LESSEE learns or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance
affecting the Premises is necessary, LESSEE shall promptly take all necessary remedial
actions in accordance with Environmental Law.
As used in this Paragraph, "Hazardous Substances" are those substances defined as toxic
or hazardous substances by Environmental Law and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
As used in this Paragraph, "Environmental Law" means Federal Laws and laws of the
jurisdiction where the Premises is located that relate to health, safety, or environmental
protection.
32. FISCAL FUNDING: In the event funds are not appropriated by the COUNTY in any
succeeding fiscal year for purposes described herein, then this Lease shall be deemed to
terminate at the expiration of the last fiscal year for which funds were appropriated and
expended.
33. LEGAL FEES: In any action brought between the Parties to enforce or construe the
terms of this Lease, each Party shall bear its own attorneys' fees and costs, including any
incurred -on appeal, regardless of the resolution of the case or appeal(s).
34. BROKERS: It is mutually agreed that neither party has dealt with any real estate agent or
broker. COUNTY shall not be responsible for any real estate commissions due in
connection with this Lease, and Lessee will indemnify COUNTY against claims by
Lessee's broker.
35. SEVERABILITY: If any covenant, term, or provision of this Lease is held to be invalid
or unenforceable, the remaining portions will remain valid and in force to the fullest extent
permitted by law.
36. GOVERNING LAW: This Lease and the performance hereof shall be governed,
interpreted, construed, and regulated by the laws of the State of Florida. Venue shall be in
Pinellas County, Florida, or nearest location having jurisdiction.
37. ENTIRE AGREEMENT: This Lease Agreement, as hereinabove set forth, including all
exhibits and riders, if any, incorporates all covenants, promises, agreements, conditions
and understandings between the Parties, and no covenant, promise, agreement, condition
or understanding, either written or oral, not specifically set forth herein shall be effective
to alter that performance or the rights of the Parties as hereinbefore stated.
IN WITNESS WHEREOF, the Parties hereto have executed this Lease Agreement the day and
year first above written.
WITNESS: LESSEE:
B a�� O (
Y•
Print Name: O l jiU-V/4' CL' By:
ATTEST: KEN BURKE, Clerk o
By:
Deputy Clerk
(SEAL)
6DT)
INELLAS COUNTY, FLORIDA
By:
Barry Burton, County Administrator