FIFTEEN YEAR LEASE AGREEMENT
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AGREEMENT
THIS AGREEMENT made and entered into on this
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19~ by and between the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, whose address is P.O. Box 4748,
Clearwater, Flordia 34618, herinafter refe.rred to as "City", and
the Chi Chi Rodriguez Youth Foundation Inc., a Florida non-profit
corporation whose address is Post Office Box 1521, Largo,
Florida, 34649, hereafter referred to as "FOUNDATION'.
WITNESSETH:
WHEREAS, the City is a municipal corporation owning and
operating the Glen Oaks Golf Course in the City of Clearwater;
and
WHEREAS, the City has operated the eighteen hole par 55 Golf
Course at Glen Oaks as a public facility through its Parks and
Recreation Department; and
WHEREAS, the Foundation is desirous of leasing Glen Oaks
Golf Course from the City and operating it as an educational
program and as a public course open to all citizens; and
WHEREAS, the Foundation has financial resources and
volunteer manpower to operate and to maintain Glen Oaks Golf
Course;
NOW, THEREFORE, in consideration of the premises and of the
faithful performance by each of the parties of the covenants and
agreements between each other made, it is mutually agreed between
the two parties hereto as follows;
1. That for and in consideration of the sum of One Dollar
($1.00) per year and other good and valuable considerations, to
it in hand paid, the receipt whereof is hereby acknowledged, and
in future consideration of the covenants herein contained on the
part of the Foundation to be kept and performed, the City does
hereby lease, let and demise unto the Foundation the following
described property located in Pinellas County, Florida:
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Legal Description
Commence at the Northeast corner of the Southeast 1/4 of
Section 15, Township 29 South, Range 15 East; thence run
N 890 15' 59" W., 30.00 feet; thence run S 00 00' 21" E.,
50.00 feet, to the point of beginning; thence run N 890 15'
59" W., 1300.68 feet; thence run S 00 04' 58" W., 1229.58
fee t; the nee ru n S 890 11' 25" E., 666. 36 fee t ; the nee run
N 00 03' 11" E., 784.67 feet; thence run S 890 19' 00" E.,
505.40 feet; thence run N 00 00' 21" W., 375.36 feet; thence
run S 890 15' 59" E., 130.01 feet; thence run N 00 00" 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.
2. The Foundation covenants and agrees through the life of
this Agreement at all times to maintain and operate in good
condition upon the said leased premises an eighteen hole golf
course, which will be available to the general public at
competitive fees.
3. The Foundation covenants and agrees that it will not use
the leased premises for any purpose or purposes other than for
charitable and educational purposes and such purposes to include
the maintenance and operation of a golf course and other
ancillary uses; that it will make no unlawful or offensive use of
said premises, and that it will not assign this lease, sub-let
any part of the leased premises or mortgage, transfer,
hypothecate, pledge or dispose of said lease in any form or
manner whatever without the prior written consent of the City.
4. The Foundation consents and agrees that it will not make
any physical changes to or construct new permanent facilities on
the leased property without first requesting and receiving
written approval from the City.
5. The Foundation agrees to open the golf course to the
public at hours similar to those established at other public
courses in the Clearwater vicinity.
6. The Foundation agrees to sanction the formation of a
"Glen Oaks Advisory Committee" which will be comprised of Glen
Oaks golfers, a majority of which must be residents of the City
of CI e a rw ate r.
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7. The Foundation agrees to take into consideration
"Advisory Committee" recommendations relative to the Foundation's
operation of Glen Oaks Golf Course and to allow the "Advisory
Committee" to recommend a schedule of reasonable golf fees.
8. The Foundation has purchased from the City golf course
maintenance equipment listed in Exhibit A for a total sum of
$26,055.00, and has agreed to pay said sum over a fifteen year
period, at the rate of 7.15% interest annually with the principal
paid on a declining balance. The Foundation has also agreed
to pay the City $1,800.00 per year for each year said Golf Course
is leased for a term not to exceed fifteen (15) years, including
all extensions, beginning January 3, 1984, or a total of $27,000,
which represents the City's material cost and approximate
interest payments of the underground irrigation system installed
at the course by City employees.
Annual payments for the
maintenance equipment and the irrigation system shall be made by
the Foundation to the City in accord with the payment schedule
attached as Exhibit B.
9. The Foundation covenants and agrees to make no unlawful,
improper or offensive use of said demised premises nor to permit
its use in any way to become a nuisance to other owners or users
of property in its area.
10. The Foundation agrees to maintain the leased premises,
including all drainage features, and improvements, and to keep
the same in good repair during the term of this Agreement. The
Foundation agrees that the City may enter upon the property for
the purpose of performing drainage work, including the
realignment and widening of Stevenson's Creek and its
tributaries, provided that the Foundation is notified of the
scope and intent of the improvements in advance.
The Foundation
agrees to deliver up the premises and permanent improvements at
the termination of this Agreement in as good condition as they
presently are or shall be at time of subsequent addition,
ordinary use and acts of God excepted.
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11. The Foundation shall bear all costs of operating Glen
Oaks Golf Course as a public facility and shall be responsible
for and promptly pay all costs thereof and all costs of
maintenance and repair throughout the term of this Agreement,
including all utiliities.
There shall be no expense chargeable
to the City.
The Foundation may retain fees and charges received
for the operation of the golf course.
12. The Foundation agrees that any buildings and other
improvements which are permanently affixed by the Foundation on
the premises herein described shall become the property of the
City at the expiration or termination of this Agreement.
13. The Foundation shall, prior to using said facilities,
obtain at its own expense, purchase and maintain during the term
of this agreement the insurance coverage set forth in Exhibit C
attached hereto.
14. The Foundation agrees to pay any Federal, State or
local taxes which may be levied on the leased property, or any
improvements placed thereon, but it is agreed that the uses
herein contemplated serve public and municipal purposes, and the
parties in no way waive any exemptions permitted by law.
15. If at any time during the term of this Agreement or any
extension thereof, the Foundation shall default in the
performance of any obligations required hereunder, then the City
of Clearwater shall furnish to Foundation written notice
specifying such default and giving said Foundation thirty (30)
days in which to correct said default or the Agreement shall
terminate. If said default is not corrected within thirty (30)
days after date of said notice, then the City shall have the
right to terminate this Agreement and to immediately take
possession of the said property and all improvements thereon
shall become the property of the City.
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16. The Foundation, by September 1 of each year during the
term of this Agreement, shall provide the City a copy of the
Foundation's annual financial statement including a balance sheet
and income statement relating to the Foundation's operation of
Glen Oaks Golf Course.
17. The City, with reasonable notice to the Foundation,
shall have the right to inspect the leased premises and to review
the Foundation's financial records pertaining to the Foundation's
op~ration of Glen Oaks Golf Course.
18. In the event that the Glen Oaks Golf Course is not
returned to the City in as good a condition as it presently is,
ordinary wear and tear and acts of God excepted, then the
Foundation shall be liable to the City for all actual
expenditures (for material and labor, including in-house)
incurred by the City in returning the golf course to its present
condition.
The parties agree to designate an impartial person to
inspect the Glen Oaks Golf Course at the time of execution of
this Agreement.
In the event of a dispute regarding this
provision, a person designated by the City shall inspect the golf
course at the time it is returned to the City, and his
determination shall be conclusive and binding on both parties as
regards the condition of the golf course.
19. The City and the Foundation agree that the term of this
Agreement shall be for a five (5) year period from January 3,
1989, until January 3, 1994, and that it may be renewed for one
(1) successive five (5) year period with approval of both
parties.
20. Any notices provided for hereunder shall be sent by
certified mail, return receipt requested, to the City, c/o City
Manager, PO Box 4748, Clearwater, Florida 34618, and to the
Foundation, c/o William Hayes, Post Office Box 1521, Largo,
Florida, 34649.
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21. The Lessor retains the right to terminate this lease
for any municipal need consistent with the Lessor's charter; in
additiont Lessor may terminate this lease when the State of
Florida or any of its agencies or political subdivisions thereof
acquire the demised property or any portion thereof for a public
improvement.
22. Foundation agrees to operate and conduct the business
covered by this Agreement in accordance with all applicable
statutes of the State of Florida and the Charter and ordinances
of the City of Clearwater, and agrees at its expense to purchase
all necessary licenses and permits required by the State of
Florida and City of Clearwatert including all sales taxes and
other charges that might be assessed against the said business.
IN WITNESS WHEREOF, the undersigned parties have set their
hands and seals the day and year first above written.
CITY OF CLEARWATER, FLORIDA
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By
City Manager.
Attest:
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Ciey Cl~~~
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Approved at to form and
correctness:
CHI CHI RODRIGUEZ/ YOUTH
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By /'/ /
INC.
Attest:
Kat. d~
Secretary
By
Witnesses:
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~s- to - i Chi Rodriguez Foundation
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EXHIBIT A
Unit /I Description Original Cost Value
6800.11 Toro 3 gang mower (Tow Behind) $ 1,000.00 $ 200.00
" .21 Jacobsen Triplex (blown moto r) 3,578.00 300.00
" .37 1980 Yazoo 42" Rotary Mowe r 2,518.00 350.00
" .38 1980 Ford 3000 Tractor 8,711.00 6,000.00
" .40 1980 Jacobsen Triplex Mower 8,840.00 3,500.00
" .41 1980 Parker vacuum 1,020.00 350.00
" .43 1981 Cushman Truckster w/aerator 7,841.00 5,000.00
" .44 1981 Toro 3 gang mower-84" cut 11,600.00 6,000.00
" . 4 5 1981 Le ly Fertilizer-Spreader 980.00 400.00
tractor mounted
" .46 Sarlo 260 Rotary mower-1982 621.00 200.00
" .47 1982 Lawnboy 22" Rotary Mower 266.00 130.00
" .48 2" Protex Pump 266.00 100.00
" .49 1977 Ford Courier pick-up truck 4,749.00 1,400.00
" .50 1983 Power Trim Edger 235.00 150.00
" .51 1983 Toro Weedeater 308.00 175.00
" .52 1983 Top Dresser for Cushman 1,881.00 1,800.00
54,414.00 26,055.00
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EXHIBIT B
PAYMENT SCHEDULE
TOTAL PAYMENT PER ADJUSTMENT PER ADJUSTED
ORIGINAL AMORTIZATION CITY COMMISSION PAYMENT
DATE OF PAYMENT SCHEDULE ACTION ON 2/21/85 SCHEDULE
1/03/85 7505.11 (7505.11) -0-
2/10/86 7233.26 (2494.89) 4738.37
2/02/87 6961.40 6961.40
1/28/88 6689.55 6689.55
9 6417.70 6417.70
1/03/90 6145.85 6145.85
1 5874.01 5874.01
2 1800.00 1250.00 3050.00
3 1800.00 1250.00 3050.00
4 1800.00 1250.00 3050.00
5 1800.00 1250.00 3050.00
6 1800.00 1250.00 3050.00
7 1800.00 1250.00 3050.00
8 1800.00 1250.00 3050.00
1/03/99 1800.00 1250.00 3050.00
TOTALS 61,226.88 -0- 61,226.88
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EXHIBIT C
A. Insurance Coverage required:
(1) Property Insurance - (Real property including
improvements or additions)
(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, sink
hole insurance shall be included.
If the
provisions of
Lessee's All Risk coverage do not
exclude sink holes and the same is verified by the
Lessor's insurance consultants, the Lessee shall
be deemed to be in compliance with this paragraph.
(b) Amount of Insurance - The full insurable value on
replacement cost basis.
(c) Flood Insurance - When buildings or structures are
located within an indentified special flood hazard
area, flood insurance shall be provided for the
lessor of the total insurable value of such
buildings or structures or the maximum of flood
insurance coverage available under the National
Flood Program.
(d) The City of Clearwater, as Lessor, shall be named
as an additional insured.
(2) Boiler and Machinery Insurance - If the buildings or
structures include boiler(s), pressure vessel(s), and/or
air conditioning/heating equipment, Lessee shall
maintain comprehensive insurance covering loss on the
demised property including liability for damage to
property of others.
(a) Repair and Replacement
(b) Amount of Insurance - $1,000,000 per accident
(c) The City of Clearwater, as Lessor, shall be named
as an additional insured.
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Comprehensive General Liability - Coverage shall be
afforded on a form no more restrictive than 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 per occurrence
combined single limits for Bodily Injury Liability,
Personal Injury, and Property Damage Liability.
(b) Premises and operations
(c) Independent contractors
(d) Products and completed operations
(e) Personal injury coverage with employees and
contractual exclusions removed.
(f) Liquor law liability, if applicable
(g) The City of Clearwater, as Lessor, shall be named
as an additional insured.
(4) Business Auto Policy - Coverage shall be affored on a
form no more restrictive than than the latest edition of
the Business Auto Policy filed by the Insurance Services
Office and shall include:
(a) Minimum limits of $1,000,000 per occurrence,
combined single limits for bodily injury liability
and property damage liability.
(b) Coverage on all vehicles (owned, hired, and non-
owned) shall be provided.
(c) The City of Clearwater, as Lessor, shall be named
as an additional insured.
(5) Worker's Compensation - Coverage shall apply for all
employees for statutory limits in compliance with the
applicable State and Federal Laws. In addition, the
policy must include Employers' Liability with a limit of
$500,000 each accident. If the self-insured status of
the Lessee is approved by the State of Florida, the
Lessor agrees to recognize and accept same upon proof of
such approval.
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B. Other Requirements
(1) Copies of insurance certificates for all insurance
required by the agreement.
(2) Copies of all insurance policies covering insurance
required by agreement shall be furnished to the City
Clerk of the City of Clearwater prior to use of said
facilities.
(3) Not Less than sixty (60) days notice of cancellation or
restrictive modifications of any insurance policy
providing the coverage required by this agreement.
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