TEN YEAR LEASE AGREEMENT
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LEASE AGREEMENT
THIS LEASE, made and entered into this~~ay of tJ1A/lA"~ , 2000, by
and between the CITY OF CLEARWATER, FLORIDA, ' a municipal corporation,
hereinafter called the "City", whose address is Post Office Box 4748, Clearwater,
Florida 33758-4748, and CHI CHI RODRIGUEZ, YOUTH FOUNDATION, INC., a
Florida no-profit corporation, hereinafter called the "Foundation", whose address is
3030 North McMullen Booth Road, Clearwater, Florida 33761.
WHEREAS, the City and the Foundation entered into a Lease Agreement for the
"Glen Oaks" Golf Course on January 3, 1984, for an original term of five (5) years, and
was subsequently amended on two (2) occasions as follows:
A. On January 2, 1989, the First Extension to the Lease Agreement was
entered into between the City and the Foundation, extending the term of the
lease for an additional five (5) years ending on January 3, 1994.
B. On April 24, 1994, the Second Extension to the Lease Agreement was
entered into between the City and the Foundation extending the term of the
lease for an additional five (5) years ending on April 23, 1999; and
WHEREAS, the Foundation is currently operating under a month-by-month
agreement with the City until such time as a new Lease Agreement can be executed;
and
WHEREAS, it is the intent of the City and Foundation to enter into a lease
agreement for the premises described herein.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, IT IS AGREED AS FOLLOWS:
GRANT OF LEASE AND TERM
1. That for and in consideration of the covenants to be kept and maintained by
the Foundation and the mutual benefit to the parties, the City does hereby lease and let
unto the Foundation, its successors and assigns, subject to the terms and conditions
hereinafter set forth, that certain real property located in the City of Clearwater, Florida,
more particularly described in Exhibit "A" attached hereto and incorporated hereby by
reference. The term of this lease shall be for a period of ten (10) years, commencing
March 2, 2000 and ending March 1, 2010, unless sooner terminated by the provisions
hereof.
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MUTUALLY AGREED UPON RENT
2. The Foundation shall pay annually to the City as mutually agreed upon rent
for the premises three percent (3.00%) of the gross revenues of the Glen Oaks Golf
Course. The Foundation also agrees to pay sales tax applicable to such mutually
agreed upon rent. Gross revenues include, but are not limited to green fees, cart fees,
food, beverage, and merchandise sales, equipment rental, clubhouse rental, and any
other revenues. For the purposes of this lease donations to the Foundation are not
considered revenue and are exempt from this provision.
The said rent payments shall be paid to the City not later than ninety (90) days
after the close of the Foundation's fiscal year. The disposition of remaining funds will be
at the discretion of the Board of Directors of the Foundation for the improvement of the
course, facilities, and Foundation youth programs and to establish suitable reserves for
maintenance, improvement and debt service.
LEASE NOT ASSIGNABLE
WITHOUT CONSENT
3. It is expressly agreed between the parties that this lease shall not be
assignable to any other person, firm or corporation without the express written consent
of the City, which consent may be granted or denied in the sole discretion of said City.
USE AS PUBLIC GOLF COURSE
4. It is understood between the parties that the real property, which is the
subject of this lease, will not be used in any manner other than as a public golf course
facility. The Foundation shall use the facility for charitable and educational purposes
and benefit youth golf programs run by the Foundation,
FOUNDATION COVENANTS TO
KEEP AND MAINTAIN A GOLF COURSE
5. The Foundation covenants that it will keep and maintain upon the real
property an 18 hole golf course, together with incidental improvements and will use,
occupy and make available, as herein contemplated, such premises as a golf course
and related facilities for pleasure, recreation and other purposes consistent with such
golf course operation and the educational tax exempt purpose of the Foundation,
During the term of the within lease and any extensions thereof, such golf course shall
be operated and the facilities shall be open for usage during the normal hours of
operation of the same or similar facilities in the area; provided, however, that at
reasonable times portions of such course may be closed for necessary repair and/or
reconstruction and/or maintenance.
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AVAILABILITY OF GOLF TO THE PUBLIC
6. The Foundation, in its operation of the course shall, at all times, subject to
reasonable rules and regulations common to other similar facilities in the area, make
such course available to the public on payment of reasonable green fees. The
Foundation will, at all times, conduct its operation in such a manner as will be
conducive to greens fee play and will undertake any and all reasonable acts to insure
that the public is aware that such course is available for greens fee play and will make
reasonable efforts to see that the prevailing atmosphere at the Foundation will be such
that greens fee players will feel welcome to use the facility. The provisions of this
paragraph shall be a material part of this lease.
GREENS FEE PLAYERS
RIGHTS AND OBLIGATIONS
7. The City recognizes the right of the Foundation to require greens fee players
to comply with rules and regulations. Failure of greens fee players to comply with
established rules and regulations may, at the discretion of the Foundation management
result in loss of playing privileges. Any complaints relating to play by greens fee players
shall be referred to the Liaison Committee established herein for appropriate action.
FACILITIES AVAILABLE
TO CITY
8. The Foundation agrees to permit the City's use of the Clubhouse and facilities
therein for City sponsored events based upon the availability of the Clubhouse and with
48 hours prior notice. The City shall be responsible for all cleaning and damage costs
associated with its use and shall be responsible for returning the Clubhouse and its
facilities to the Foundation in the same state of sanitation and repair in which they were
received.
USE AND CARE OF PREMISES
9. The Foundation covenants and agrees that it will, at all times, keep, maintain
and operate such course and the facilities thereon, or in any way connected therewith,
in a good and prudent manner to the end that such course shall be kept in good,
playable condition. The Foundation agrees that it will keep and maintain, in good repair,
all permanent improvements, such as buildings, and water systems, including the
making of necessary replacements and/or repairs even though the making of such
repairs and improvements shall extend the life of such facility or facilities beyond the
expressed date of this lease. Foundation and City Parks and Recreation Director shall
meet annually to mutually agree upon a capital improvement program to be
implemented by the Foundation
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LANDSCAPING
10, The Foundation agrees to upgrade the landscaping along the Court Street
corridor consistent with all applicable city codes and consistent with the median
landscaping design on Gulf to Bay Boulevard and Court Street. The City will provide
the landscape design, donating the design for lesson plans in the curriculum of the
Foundation program, and shall approve the installation. All work must be completed
within eighteen (18) months after completion of the design. The landscape design shall
be used as an educational program and the Foundation shall provide educational
personnel and materials for the completion of the project.
NO PERMANENT COURSE LAYOUT CHANGES
WITHOUT WRITTEN CONSENT OF CITY
11. The Foundation covenants and agrees that no permanent change in the
layout of the course shall be made except with the express written consent of the City,
which shall not be unreasonably withheld. Unless otherwise provided, all duties of
construction, repair, alteration or maintenance imposed by the within lease are and
shall be separate expenses of the Foundation and shall never directly or indirectly be
chargeable to the City nor in any way be a mechanic's or materialmen's lien or charge
upon any lands.
LEASE MAY BE RECORDED TO PROTECT
CITY AGAINST LIENS
12. This instrument may be recorded in the public records of Pinellas County,
Florida, and all persons, firms or corporations whomsoever are called upon to take due
notice of these limitations and the superior rights of the City herein.
NO PERMANENT STRUCTURES TO BE REMOVED
13. No permanent structure, once constructed, shall be removed from the
premises or materially altered except with written consent of the City which shall not be
unreasonably withheld and all persons, firms or corporations are expressly called upon
to take due notice of the requirements of this lease.
CITY RESERVED RIGHT
TO DRAINAGE, UTILITY LINES, ROADS, ETC.
14. The City reserves at all times during the term of this Lease or any extension
or renewal thereof the continuing right but not the obligation to utilize any portion of the
leased premises for drainage, laying and maintaining utility lines or facilities, including
roads, or other necessary rights of way, provided, nevertheless, the City shall use its
best efforts to adopt such route or route~ as will be reasonable and economically
feasible to minimize interference with the purposes of this Lease.
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BANKRUPTCY OR DEFAULT,
CITY HAS OPTION TO TERMINATE
15. Should the Foundation hereinafter be adjudged bankrupt or become
insolvent or in any other way be financially unable to keep the covenants of this Lease,
the City may at its option, terminate the lease, as though for breach of any other
covenant.
FOUNDATION WILL PERFORM ITS OBLIGATIONS
16. The Foundation, in the performance of the covenants contained in this
lease, shall at all times do or perform such acts or actions as shall be reasonably
required by the context of this lease to fully perform its obligations hereunder, and shall,
conversely, refrain from doing or permitting to be done any acts or actions which would
jeopardize either its performance or ability to perform the covenants contained herein or
the payment of rentals contemplated by the parties,
CONSTRUCTION OF NEW CLUBHOUSE
17. The City agrees to fund the construction of a new 4,400 square foot
Clubhouse as determined by the City with the advice of the Foundation.
INSURANCE, INDEMNIFICATION AND HOLD HARMLESS
18. The Foundation agrees to indemnify and hold the City and its employees
harmless from and against any and all claims, demands, and causes of action or
lawsuits of whatever kind or character arising directly or indirectly from this agreement
or the performance hereof. This indemnity clause includes, but is not limited to, claims,
demands, causes of action or lawsuits for damages or injuries to goods, wares,
merchandise and property and for any bodily or personal injury or loss of life in, upon or
about the property.
The Foundation shall obtain at its own expense, and maintain during the term
of this agreement, the insurance coverages set forth below:
(1) Prooertv Insurance - Real property including improvements or
additions shall be insured.
a. Form - All Risk Coverage - Coverage shall be no more restrictive than
that afforded by the latest edition of Insurance Services Office forms
CF0011, CF0013, CF0420, and CF1210. If available, sinkhole insurance is
to be included. If the provisions of the Foundation's All Risk Coverage do
not include sinkholes and the unavailability of such coverage is verified by
the City's insurance consultants, the Foundation shall be deemed to be in
compliance with this paragraph.
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b. Amount of Insurance - The amount of coverage shall be the full insurable
value on a replacement cost basis.
c. Flood Insurance - When building or structures are located within an
identified special flood hazard area, flood insurance shall be provided for the
total insurable value of such buildings or structures or the maximum of flood
insurance coverage available under the National Flood Insurance Program,
whichever is less.
(2) Boiler and Machinery Insurance - If the buildings or structures include
boiler(s), pressure vessel(s), or air conditioning/heating equipment,
the Foundation shall maintain comprehensive insurance covering loss
on the property included liability for damage to property of others,
a. Repair and Replacement.
b, Amount of Insurance - $1,000,000.00 per accident
(3) Comprehensive General Liability 0 Coverage shall be afforded on a
form no more restrictive that the latest edition of the Comprehensive
General Liability policy filed by the Insurance Services Office and
shall include:
a. Minimum limits of $1,000,000.00 per occurrence combined
single limits for bodily injury liability, personal injury, and property
damage liability,
b, Premises and Operation.
b. Independent Contractors,
c, Products or Completed Operations.
d. Personal Injury Coverage with employees and contractual
exclusions removed.
e. Liquor Law Liability, if applicable.
f. Golf carts or other golfing appurtenances, not owned by the
Foundation but brought onto the property by others.
(4) Business Auto Policv - Coverage shall be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and shall include:
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a. Minimum limits of $1,000,000.00 per occurrence, combined single
limits for bodily injury liability and property damage liability.
b. Coverage on all vehicles (owned, hired, and non-owned).
(5) Workers Compensation - Coverage shall apply for all employees for
statutory limits in compliance with the applicable State and Federal laws. In addition,
the policy shall include employer's liability with a limit of $500,000.00 for each accident.
If the State of Florida approves the self-insured status of the Foundation, the City
agrees to recognize and accept such status upon proof of such approval.
Other Reauirements.
(1) The City shall be named as an additional insured on all insurance
policies required under this agreement.
(2) Copies of insurance certificates for all insurance required by the
agreement, and copies of all insurance policies covering insurance
required by this agreement, shall be furnished to the City Clerk of the
City prior to the use of the property.
(3) Not less than sixty (60) days notice of cancellation or restricted
modifications of any insurance policy providing the coverage required
by this agreement shall be required on all insurance policies.
COMPLIANCE WITH EXISTING LAWS AND REGULATIONS
19. The Foundation agrees that in its use and occupancy of the leased property
it will comply with all applicable laws, rules, regulations and ordinances of every
governmental body or agency whose authority extends to the leased property or to any
operations conducted upon the leased property, whether or not such laws, rules,
regulations or ordinances are mentioned herein.
FOUNDATION TO SUPPLY AUDIT BY C.P.A.
20. The Foundation agrees for determination of the cash rental to be paid
hereunder that it shall at least annually, in each year of the term of this lease, at its own
cost, furnish to the City a complete audit of its operations, prepared by a Certified
Public Accountant, together with such interim accounts as may from time to time be
requested. Such annual statement shall be furnished within ninety (90) days after the
close of the Foundation's fiscal year. The Foundation shall further submit to the Parks &
Recreation Director and annual report of course operation.
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RIGHT OF ENTRY BY CITY
21. Agents of the City shall be afforded the right at all reasonable times to enter
upon the leased property for the purpose of inspecting the leased property.
OBLIGATION TO PAY TAXES
22. The Foundation agrees to pay any federal, state or local taxes which may be
levied on the property or any improvements or uses placed thereon, but it is agreed that
the uses herein serve a public and municipal purpose and the parties do not waive any
exemptions permitted by law.
WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES
23. Foundation must get City approval which shall not be unreasonably withheld
to remove, demolish, remodel or replace any building or other structure on the leased
land.
LIAISON COMMITTEE
24. The parties agree to maintain a Liaison Committee. The purpose of the
Committee is for the continued exchange of information between the parties and to
eliminate problems or misunderstandings as well as to keep open the lines of
communication between the City and the Foundation. The parties herein establish a
Liaison Committee consisting of a person assigned by the Board of Directors of the
Foundation and the City Park and Recreation Director. The parties contemplate that
the Committee shall meet and discuss any matter of mutual concern, including
complaints by greens fee players or other Clearwater residents concerning the
operation of the Foundation. The Board of Directors of the Foundation will make an
investigation of any such complaint and its findings together with the resultant action
taken will be reported back through the Committee to the City. This liaison function of
the Committee is not limited to the handling of complaints, nor is it intended to supplant
any other channels of communication established or normally observed, between the
City and the Foundation.
TERMINATION
25. City may terminate this lease with thirty (30) day's written notice to the
Foundation if Foundation violates any provision of this lease and fails to cure any
alleged default within said thirty (30) day period. City may also terminate this lease for
any municipal purpose consistent with City Charter by giving one (1) year written notice
to Foundation.
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HOLDOVER AFTER TERMINATION
ON MONTH TO MONTH BASIS
26. If the Foundation, with the consent of the City, continues in possession of
the leased property after expiration of the term of this lease, then the Foundation will be
deemed to be holding the leased property on a month to month tenancy subject to all of
the other provisions of this lease, but such tenancy by sufferance of the Foundation
shall not be construed as a waiver of any right hereunder conferred upon the City.
FAILURE TO ACT BY CITY NOT A WAIVER
27. Failure of the City to insist upon performance of any covenant hereunder
shall not be deemed to be a waiver of the right to insist upon full performance at any
subsequent time.
AMENDMENTS MUST BE IN WRITING
28. Any additions or modifications to this lease shall be in writing and shall be
executed by both parties and no oral agreement shall be effective to change or modify
the terms of this lease,
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written,
CHI CHI RODRIGUEZ,
YOUTH FOUNDATION, INC.
CITY OF CLEARWATER
By:
By:
MiCtl J. Roberto
City Manager
iIIiam C. Hayes
President
By:
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Brian J. Auid'st '
Mayor-Commissioner
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[Continuation of Signature Page of Lease Agreement between City of
Clearwater, Florida and Chi Chi Rodriquez, Youth Foundation, Inc.]
ATT.rT~rT...:: .
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MvCynthia E. Goudeau" ... .
U.. City Clerk ."
Approved as to form:
~~
John Carassas
Assistant City Attorney
S:/Agreement ChiChiRYF-Lease
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EXHIBIT "A"
Commence at the Northeast corner of the Southeast 1/4 of Section 15, Township 29
South, Range 15 East; thence run N 89015'59" W., 30.00 feet; thence run S 0000'21"
E, 50.00 feet to the point of beginning; thence run N 89015'59" W., 1300.68 feet;
thence run S 0004'58" W., 1229.58 feet; thence run S 89011'25" E, 666.36 feet; thence
run N 0003'11" E, 784.67 feet; thence run S 89019'00" E, 505.40 feet; thence run N
0000'21" W., 375.36 feet; thence run S 89015'59" E, 130.01 feet; thence run N 0000'21"
W., 70.01 feet to the P,O.B, together with Lots 2 through 7, Block C, Druid Heights, as
recorded in Plat Book 24, Page 64, of the Public Records of Pinellas County, Florida.
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