TEMPORARY PARKING LOT LEASE AGREEMENT

Transcription

1 TEMPORARY PARKNG LOT LEASE AGREEMENT THS LEASE made and entered into this day of October, 214, by and between the CTY OF DUNEDN, a municipal corporation of the State of Florida (hereinafter referred to as "City"), and RENE'S FAVORTE THNGS, NC., a Florida corporation (hereinafter referred to as "Rene's"). For and in consideration of mutual promises and covenants herein made and agreed to be kept and in consideration of the monies to be paid by the City hereunder and other good and valuable consideration and sufficiency and receipt of which is hereby acknowledged, the parties do hereby agree as follows: (1) That Rene's does lease from City and City does lease to Rene's a 3-foot by 9-foot portion of land on the southeast corner on the site commonly known as the Baptist Church property located on the corner of Wood Street and Highland Avenue, as more accurately depicted on the attached Sketch "A," and five parking spaces located on the City owned parking lot on the southwest corner of Wood Street and Highland Avenue, as more accurately depicted on the attached Sketch "A" (hereinafter referred to as the "Property"). (2) That Rene's may use the Property for the storage of three construction trailers, one to be located on five parking spaces on the City owned parking lot, and two to be located on 17 parking spaces on the Baptist Church property. Rene's agrees to install a six-foot high opaque chain link security fence on both parcels. No lighting shall be installed on the Property, and the use of generators shall not be allowed. No pavement shall be added or removed from the Property. (3) Rene's shall maintain the Property in a condition similar to its condition at the commencement of this Lease, and shall return said Property to substantially the condition it was in as of the commencement of this Lease when this Lease is terminated. (4) Rene's shall provide to the City written evidence of the existence of general liability insurance with limits of One Million Dollars ($1,,.) per occurrence and Two Million Dollars ($2,,.) aggregate. Rene's shall provide the City with a Certificate of nsurance evidencing said policy and that the City has been named as an additional insured. The insurance company shall be rated no lower than A- by a rating firm such as A.M. Best or its equivalent, latest edition. Said Certificate of nsurance shall provide that the City shall be given thirty (3) days' written notice if the policy is canceled or changed in any way.

2 (5) The term of this Lease shall be for month-to-month commencing October 1, 214. (6) This Lease may be terminated by either party, without cause, with thirty (3) days' prior written notice. (7) This Lease may not be assigned by Rene's to any other person. (8) n its use of the Property, Rene's shall comply with all appropriate and necessary laws, codes, ordinances and other requirements of governmental agencies. (9) Rene's shall pay to the City the sum of One Hundred Sixty-Two and 5/1 Dollars ($162.5) per parking space per year for use of the Property. (1 ) n the event of default, the parties shall have all remedies in law or in equity, including but not limited to an action for the recovery of damages for harm or waste to the Property, and for specific performance. f any part of this Lease be rendered void, invalid, or unenforceable by any court of law, for any reason, such determination shall not render void, invalid, or unenforceable in any other section or any part of this Lease. (11) Notices, requests, demands and other communications which are required or submitted under this Lease shall be in writing and shall be deemed to have been duly given and delivered personally, been sent by telex or telegram, or when mailed, registered or certified first class postage prepaid in the U.S. Mail, set forth below: f to the City: City Manager City of Dunedin P.O. Box 175 Dunedin, Florida f to Rene's: Rene's Favorite Things, nc. 487 Main Street Dunedin, Florida Attn: Leta R. Johnson, President (12) This Lease may be executed in two (2) or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one ( 1) and the same instrument. (13) This Lease shall be binding upon, and shall inure to the benefit of the parties hereto and their respective successors and assigns. (14) This Lease shall create no rights or claims whatsoever in any person other than a party hereto. 2

3 (15) This Lease supersedes any and all prior negotiations or oral or written agreements here before made relating to the subject matter hereof and constitutes the entire agreement of the parties relating to the subject matter hereof. (16) This Lease may not be altered or amended except by a writing signed by the parties hereto. No waiver of any of the terms or the conditions of this Lease shall be effective, unless in writing, and executed by the party to be charged therewith. No waiver of any condition or of the breach of any term, covenant, representation, warranty or any provision hereof shall be deemed to be construed as a further or continuing waiver of such condition or breach or a waiver of any other condition, or of any breach of any other term, covenant, representation, warranty or other provision contained in this Lease. (17) All documents created pursuant to this Lease are public records and the parties hereto agree to abide the Florida Law of governing public records with regards to this Lease. (18) Each party to this Lease represents and warrants to the other party that all appropriate authority exists, or as to duly authorize the persons executing this Lease to so execute the same and fully bind the party on whose behalf they are executing this Lease. (19) n the event that there is any litigation between the parties arising from this Agreement, such litigation shall be brought exclusively in Pinellas County, Florida. n the event of such litigation, the prevailing party shall be entitled to payment of its attorneys' fees and costs at trial and appellate levels. N WTNESS WHEREOF, the parties hereto have executed this Lease as of the date hereinabove. WTNESSES: CTY OF DUNEDN, a municipal corporation ofthe State of Florida Print Name: Robert DiSpirito, City Manager Print Name: 3

4 ATTEST: Denise Schlegel, City Clerk APPROVED AS TO FORM: Thomas J. Trask, City Attorney WTNESSES: RENE'S FAVORTE THNGS, NC., a Florida corporation Print Name: By:_:--:---=---:-: Leta R. Johnson ts: President Print Name: STATE OF FLORDA COUNTY OF PNELLAS The foregoing instrument was acknowledged before me this day of -,--..,...,..., ,' 214, by Robert DiSpirito, City Manager of the City of Dunedin who ( ) is personally known to me or C) has produced a driver's license or as identification. Notary Public My Commission Expires: 4

5 STATE OF FLORDA COUNTY OF PNELLAS The foregoing instrument was acknowledged before me this day of ---, ,...,.--,-- 214, by Leta R. Johnson, President of Rene's Favorite Things, nc., who ( ) is personally known to me or ( ) has produced a driver's license or as identification. Notary Public My Commission Expires: 5

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7 EXHBT "A" THE EAST SEVENTY (7.) FEET OF AN UNNAMED ALLEY LYNG BETWEEN LOTS 1-2 AND AND THE EAST TWENTY-TWO (22.) FEET OF THE NORTH FFTEEN (15.) FEET OF LOT 23, C. S. ANDREWS SUBDVSON AS RECORDED N PLAT BOOK 1, PAGE 24, PUBLC RECORDS OF PNELLAS COUNTY, FLORDA. SECTON 34, TOWNSHP 28 SOUTH, RANGE 15 EAST, CTY OF DUNEDN, PNELLAS COUNTY, FLORDA, USA. PARCEL NUMBER 34/28/15/144//22 lf').,...,.' ;/:::}-'S ru (S C),-.\ lfj,_, V.,..., - '-' o ru ru ru 1 ru.,...,,...,..:j...-< 55 w 2 "' -,...-.!! L3.4 /" ' 'l \ r--. -' PublicA- """).) 21 cc LJ 3.3 ',--.., o'lll.l \' lf1 : "" l.,. : ['lj...;. :=i..-.,,-...),j ' J53,] -- < 1 7 < _j \.,,,/ D DD L1 Q l() cu ["tj 6 hnproveme prq>erty 7 t l t':. sn r 1--1 'tr'

8 CONTRACTOR TO NSTALL 4" Dl FRE LNE, 4" Dl FDC LNE AND 4" Dl SLEEVE WTH 1" FLEXBLE POLY NSDE. TO BE LOCATED WTHN SAME TRENCH. MNMUM 3' COVER. PAVEMENT N ALLEY DAMAGED BY CONTRACTORS NSTALLATON OF WATER SERVCE/FRE LNES TO BE RESTORED N ACCORDANCE WTH CTY STANDARDS AND DETALS. \...., --..._ l...1 (( a u u z z u u (o u:) N..., ' 1 iii '4" DFRE. n L:VE'-1, --!it :... _?- -,,;, :;"" MA:e:NGr L '..4' FLAT CONC. CURB 18'± ASPHALT PAVEMENT ASPHALT PAVEMENT CTY TO NSTALL 8" WATER LNE, CROSS, TEE, FRE HYDRANT AND VALVES ANb REDUCER AND VALVE AND CAP AND REMOVE PORTN OF 1 PARKNG SPACE TO SET HYDRANT. ONE 1" COMMECAL WATER METER TO BE SET N SLAND. ADDTONALLY CONTRACTOR TO SET FDC AND DOUBLE DETECTOR CHECK VALVE FOR SPRNKLER SYSTEM N SLAND. MNMUM CLEAR ZONES FOR HYDRANT AND FDC AND STREET TO BE MANTANED. BOLLARDS TO BE PROVDED AROUND METER AND BACKFLOW. CONTRACTOR TO RESTORE LANDSCAPNG, RRGATON SYSTEM AND ADD CURB TO SOUTH HALF OF LANDSCAPE SLAND WHERE FDC AND DDCV ARE NSTALLED. CONTRACTOR TO COORDNATE WTH CTY DURNG HYDRANT NSTALLATON TO ASSURE MNMUM 7' 6" CLEARANCE WTH FDC. Area Description: E22' of the N15' of Lot #23 n / wj, " \<. la.)! '.'.!. ::.... _Ji <::) :::t.'<) '-.. a WATER LNE j BY CTY + CURB TO BE PANTED YELLOW AND "NO PARKNG" SGNS NSTALLED N RGHT OF WAY OUTSDE OF HYDRANT AND FDC CLEAR ZONES. Blue Highlighting Denotes : Private mprovements on City Property

9 LYNG N SECTON 34, TOWNSHP 28 SOUTH, RANGE 15 EAST EXSTNG 2.. WM 2 1" CO MM - " BRASS WATER SERCAL NPPLE ERVCE pp (SEE DETAL 39) lmiiilllfllm BAC - T SAMPLE PO NT ' CONNECT EXSTNG 2" WM TO NEW VALVE AFTER NEW 8 " WM S PLACED NTO SERVCE 2" VALVE (SEE DETAL 32) 8"x6" REDUCER WTH CAP, MJ, RESTRANED PROVDE 2" TAP FOR CONNECTON OF 2" WM NS TEMP.4" CAP, MJ. R:.SlRANED FOR CONNECTON TO DDCA PROVDED BY OTHERS c:-fi NEW 8" C-9 PVC WM ;;,.; ) ;;, "' z ::: 8"x4" REDUCER, MJ, :s G5 l 3.8' -1 6 DETAL NOTE : 7' -6" MNMUM BETWEEN FRE HYDRANT & FDC (BY OTHERS) 8" CAP, MJ. RESTRANED 8"x6" TEE, MJ, RESTRANED FNONf' 1 SO[WALK SAW ± 125 SF OF EXSTNG ASPHALT, RELOCATE BUMPER STOP AS ASPHALT REMOVAL DETAL CTY 1 l)ned N (7b>samo j:. : HGHLAND AVE WATER MAN CROSSNG PROJECT OCPARTMENl OF DUNEDN. FL ::. (MD BLOCK BETWEEN VRGNA ST & WOOD ST) PUBLC WOR<S & UTLTES J !----".:" FRE HYDRANT NSTALLATON DETAL.,.,.. - -:: """"'-'-""""' 1: AO'eU - 1'\... "1...,.._,......,_.ll._.t... fll 4