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LEASE AGREEMENT - PUBLIC GOLF COURSE FACILITY ) I e -...; LEASE AGREEMENT THIS lEASE, made and entered into this (SJ,- day of (n.tu...u"'- , 2000, by and between the CITY OF CLEARWATER, Florida, a municipal corporation, hereinafter called the "City", and Clearwater Golf Associates, Inc., 401 Druid Rd. W., Clearwater, Florida 33756, hereinafter called the "Club". WHEREAS, it is the intent of the City and the Club 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 & TERM 1. That for and in consideration of the covenants to be kept and maintained by the Club, and the mutual benefit to the parties, the City does hereby lease and let unto the Club, 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 two (2) years, commencing March 1, 2000, and ending February 28, 2002, unless sooner terminated by the provisions hereof. RENTAL 2. The Club shall pay to the City as rental for the premises of the Golf Park $36,000 annually, plus applicable sales tax. The said rental payments shall be paid to the City quarterly; beginning March 1, 2000. 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. IMPROVEMENTS 6. As a condition to this lease, the Club must construct the following upgrades to the course and support facilities during the term of this lease: 1 IY-' ; , ) I (a) Redesign of the landscaping for the entrance and parking lot. Work to include all materials and labor necessary to complete project. Approximate value - $20,000. (b) Installation of new entry sign consistent with other City parks and recreation facilities. Approximate value - $1,200. (c) Refurbish Clubhouse. Approximate value - $40,000. $30,000. (d) Upgrade turf areas of driving range, fairways and greens. Approximate value - The City must approve the design, site plan and construction of all facilities. All improvements shall be completed within one (1) year of anniversary date of this lease. Failure by Club to complete all improvements as described above shall be cause for termination of this lease. PROGRAMMING 7. As a condition to this lease, the Club must establish a golf school and learning center at the Golf Park. Elements of the school to include, but are not limited to: a Junior Golf Academy, interactive tournaments and parent and child competitions. The City agrees through the Parks & Recreation Department to assist in marketing of the school. CLUB COVENANTS KEEP AND MAINTAIN A GOLF COURSE 8. The Club covenants that it will keep and maintain upon the real property an 18 hole public 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. 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. USE AND CARE OF PREMISES 9. The Club 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 Club agrees to 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. 2 ~ '.. I I NO PERMANENT COURSE LAYOUT CHANGES WITHOUT WRITTEN CONSENT OF CITY 10. The Club covenants and agrees, no permanent change in the layout of the course shall be made except with the express written consent of the City. All the aforementioned duties of construction, repair, alteration or maintenance imposed by the within lease are and shall be separate expenses of the Club 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 TO BE RECORDED TO PROTECT CITY AGAINST MECHANICS LIENS 11. 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 12. No permanent structure, once constructed, shall be removed from the premises or materially altered except with written consent of the City and all persons, firms or corporations are expressly called upon to take due notice of the requirements of this lease. CITY RESERVED RIGHT TO UTILITY LINES, ROADS, ETC. 13. The City reserves at all times during the term of this Lease or any extension or renewal thereof the continuing right to utilize any portion of the leased premises for 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 routes as will be reasonable and economically feasible to minimize interference with the purposes of this Lease. BANKRUPTCY OR DEFAULT, CITY HAS OPTION TO TERMINATE 14. Should the Club 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. CLUB WILL PERFORM ITS OBLlLGA TIONS 15. The Club, 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. 3 /J,() " I I INSURANCE, INDEMNIFICATION AND HOLD HARMLESS 16. The Club 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 Club shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: (a) Prooertv Insurance - Real property including improvements or additions shall be insured. (1) 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.lf available, sinkhole insurance is to be included. If the provisions of the Club's All Risk Coverage do not include sinkholes and the unavailability of such coverage is verified by the City's insurance consultants, the Club shall be deemed to be in compliance with this paragraph. (2) Amount of Insurance - The amount of coverage shall be the full insurable value on a replacement cost basis. (3) 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. (b) Boiler and Machinery Insurance - If the buildings or structures include boiler(s), pressure vessel(s), or air conditioning/heating equipment, the Club shall maintain comprehensive insurance covering loss on the property including liability for damage to property of others. (1) Repair and Replacement. (2) Amount of Insurance - $1,000,000.00 per accident. (c) Comorehensive 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 inlcude: (1) Minimum limits of $1,000,000.00 per occurrence combined single limits for bodily injury liability, personal injury, and property damage liability. (2) Premise and Operation. (3) Independent Contractors. 4 /.X1 'It, . . ,~ I I (4) Products or Completed Operations. (5) Personal Injury Coverage with employees and contractual exclusions removed. (6) Liquor Law Liability, if applicable. (7) Golf carts or other golfing appurtenances, not owned by the Club but brought onto the property by others. (d) 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: (1) Minimum limits of $1,000,000.00 per occurrence, combined single limits for bodily injury liability and property damage liability. (2) Coverage on all vehicles (owned, hired, and non-owned). (e) Workers Comoensation - 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 Club, the City agrees to recognize and accept such status upon proof of such approval. (f) 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 17. The Club 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. 5 ;Y-l " ... ' I I CLUB TO SUPPLY AUDIT BY C.P.A. 18. The Club 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 thirty (30) days after the end of the Club's fiscal year. The Club shall further submit an annual report of course operation, including, but not limited to, rounds played, rounds played by Clearwater residents, status of co-sponsored programs, budget including expenses, revenue and capital expenditures. RIGHT OF ENTRY BY CITY 19. 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 and the Club's other facilities. OBLIGATION TO PAY TAXES 20. The Club 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 partners do not waive any exemptions permitted by law. WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES 21. The Club must obtain City approval to remove, demolish, remodel, or replace any building or buildings on the leased land, or erect new structures thereon. TERMINATION 22. City may terminate this lease with thirty (30) days written notice to the Club if Club violates any provision of this lease or fails to cure any alleged default. City may also terminate this lease for any municipal purpose consistent with City Charter by giving one (1) year written notice to Club. HOLDOVER AFTER TERMINATION ON MONTH TO MONTH BASIS 23. If the Club, with the consent of the City, continues in possession of the leased property after expiration of the term of this lease, then the Club 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 Club shall not be construed as a waiver of any right hereunder conferred upon the City. FAILURE TO ACT BY CITY NOT A WAIVER 24. 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. 6 ('JO '. ~, 1lI I I AMENDMENTS MUST BE IN WRITING 25. 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 and delivered this Agreement the day and year first above written. Signed: BY:~ Greg Climans By: ASSOCIATES, INC. President CITY OF CLEARWATER, FLORIDA Countersigned: Ih~~ Brian J. A""gst Mayor-Commissioner By: k Michael J. Roberto City Manager -- Approved as to form: ~~~ ohn Carassas Assistant City Attorney Attest: 7 pO . .....""'~-"'-,.- .,- - -- .. -- . .1 >, .-' Start at the lenter of Section "12, TownshiP 29 South, . Range 15 East and run N 890 19' 10" West 50.00 feet, . for a point of beginning. Thence run N 000 161 59" East 50.00 feet; thence run N 890 19' 10" West 145.20 feet; thence run N 000 16' 59" East 158.47 feet; thence run N 890 21' 07" West 4J4.80 feet; thence run N 000 161 59" East JOO.OO feet; thence run N 890 211 07" West 475.00 feet; thence runN 000 161 59" East 825.00 feet; thence run N 890 211 07" West 246.J8 feet to the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 12. Thence run N 000 151 OJ" East 858.85 feet; thence run N 890 2J' 01" West 642.10 feet;. thence run S OQo IJI 07" West 4J8.50 feet; thence run N 890 211 07" West 709.76 feet; thence run S 000 IJI 07" West 2159.40 feet; thence run East 547.J8 feet; thence run S 000 2J'. 02" East 928.95 feet; thence run S 890 20' 18" East 1717.61 feet; thence run S 000 161 59" West 160.46 feet; thence run S 890 20' 18" East J75.00 feet; thence run N 000 16' 59" East 1489.J9 feet to the point of beginning. Less existing right-of-way, and less JO feet for proposed North and South extensions of' Arcturas Avenue lying North of Overlea Street and less 60 feet for existing Airport Drive along the South boundary of this tract less the East J75 feet. Subject to dedication of Drainage and Utility Easements to cover existing utilities, drainage ditches and drainage structures. /'~~ /If/I., ,I MGB: j j EXHIBIT "A" .. FROM LOSSING INSURRNCE PHONE NO. . ~~' --{~ '1-- ~~{)-vJ - .3527320132. ". Ma~. 182001 12:49P _ Vel" '~o,y~~~,.....:.:~...,oJ,oH...,o,/" u.,.. ,..... M P1 ~ V'~" hIo~~ n~~k~f,~~~ ,.$~ , . N :~~ e~':A~1:~=s IS:ED ~~T~ 'tf,~" ~~ \~~=~TE HOLDER THIS CERnFlC~TE DOES NOT AIIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUC&ES BELOW. COMPILNIES AFFORDINO-POVERAGE .- - - - - ...- m:-' . C u' BD n. 'f.; . A ._OJ--no~, ~~~~~~~~.':;.:.:.;, PAOO\lGIlI'I Lossing Ine.Agy..Inc. ~724 SE 17th Avenue oC!a~a. FL 34471 (352) 732-4550 ------ cx:MIPAN'f A ESSEX :INSURANCl!.. COMP~.___._, ('JJlIPAN'f B .... CLEARWATER GOLF ASSOC:IATBS,XNC DR:IVE CCNPNO' C FL 33765 . '( ~~~~., ".)'~ ;. ~~~~~~~: ~~~.~~~l . . ~ ...., .}~~?<<:C~~ nlls IS TO CERTlFY THAT THE POUCI6S OF INSURANCE limO BB.OW HAVE BEEN ISSUED TO >>IE INSURED NAMED ABOVE FOR ll-IE POUCY PERIOD INDICATfD. NO'1Wlll1STANOING ANY lEOUIREMENT. TERM OR CONDITION 01" ANY CONTRACT Of' OlHER DOCUMENT W1Tl-1 RESPECT TO WHICH TIiIS CERf!FlCA1'E M"Y BE ISSUec OR MAY PeATAlN. TIiE INSURANCE N'FOfI()eO BY THE POUCIES OESCRlBED HeREIN IS SUBJECT TO AU. Tl-IE m:lMS. EXCWSIQNS AND coNDITIONS. of' SUCH POUCIE9. UMITS SHOWN MAY HAVE BEEN REDUCED B1 PAID ClAIMS. co L'IR TfIIlii OP IN8URANCE POLICY ..u.ER POUCY EfRCI1ft fOUCT EIICPIRA'llOtI DATIl (I8IIDIIIY1) DATE CIMDOI'ffl UIImI A 2CB6S15D1 03/01./01. 03/01/02 GENERALAGGAEGAtE PAODUClS - COMP.a' AGG PEASONAL & ADY IN.AJRY EACH OCCURReNCE F1AE ~ (_ 0Il8 1il'9) SD.JIOO MED EX!" (llny one pll/llOn) AUIOII08I.E L1A8rurv NO'MO AL1.. 0YIrlED AutOS SCHEDULED ~ HIREO AUTC6 NOIII-OWNED AUTOS COMBINED SINGl.E UMIT S BODILY INAIfI'V (Pet p8nGn) S BODD..Y INJURY (po, IlCCklllltO S f'AOPS'I1Y DAMAGE . GAftAGI! L1ABILIn' mr AUTO Al11'O ONl.Y . EA ACCIDENT I ~ nfN4 AUTO ONLY: ~~~~~~~~~~~~~~~~~;$B; EACH ACCIDENT $ AGGREGAtE $ EACH OCCUFlA9tCE $ AGG~~ $ I!IIa!iIS LIAatn' UN8AQLA FORM cmtEfI 'l'HAN UMIlREI..LA FOFIY WOIUCIR8 COIIPENSA'ftON AND IIM'LOftR8' LIAIIILRT 1ltE PAOPRIE1ORf PMl'NERSl&lCeCl1TlVE 0FFlCI!FIS NE: OlHER INCl EXCI- S $ $ ~IFtalr\r~~'a!lfED AS GBNBRAL LIABILITY. AN ADDITIONAL INSmum POR COMMERCIAL CITY OF CLEARWATBR ATTN: DEBBIB PAX #727-5&2-4825 CL2ARWATER FL . . . I ~w.~~' lIItOtU AMY OF 1HE ABOVE DISCAI8ED POLlCII!S BE CANC1i1J.8 IlB'ORE ~->>> DIOIl&11ON DA. 1ItEIIEIlF 'nil! IlI8UIIIG ~A"" WIlL . -. ENIlEAVCIR 10 MAIL _ DAYS WMrDI IID1XIl '10 111II CI!IITlI'ICAft ----- .-...:n IUIIID TO 'nIa l!FI: IU1' FAIJlIII TO IIAL SUCH NcmcE IItALL IIIPOIIE NO lIIILIGATIDfI . ClII' A ICIND UPON OR Lll81UTT ~ ~~nAft~~~ . 4- '. ':" , atliiiftllh'-T~ "::' FROM LOSS HIG INSURANCE PHONE NO. : 352 732 0132 Mar. 27 2000 02:40PM P1 I'fiOOUl1IIl Lossing Insurance AgendY 2119 SE Fort King St. Ocala. FL 34471 (352) 732-4550 -'-' -..-....,..-. '.-.'-" IIIUW CLEARWATER GO~F ASSOCIArBS,~NC ! COIM'ANY ! A .._....~_.. I COMf'ANY I 8 . ESSE~ }~NSU~C~ CC2~~ 1975 AIRPORT DaXVE C~BAR.WATER. FL 33765 r----. L~~Y I CO>JPANY , D ~ -r. , ~:~~~~~~~~~s~1~~sf[~~1~i{:[rR'\"'\;;:'" EXCLUSIONS 1>.""0 CONDlTlO"iS OF SUOH POI,ICIES, LIMITS SHOWN ~AY HAVE 8EEN REOUCED eY PAlO CI.AlMS. -'.'-.' .---r-'.. ,- .-, ,.." ,.' I cc r TVPII 01' 1II8UIWlCE ' IIOUC" NUMBER ; l'OUCY ~TI\/E ,POUC'I EI\PlItAllOl1 I UMml ~1'lI I ; caa1'l CtIII'DDIY'Il I DAft ~ : A . GlIlIIll'llJAllUfY ,&B6515 tlJ~el,el,. G9JE~. ~lAlIlltlY ~ 12i1,...J CLAI~ "'ACE [:xl OCCUR ! , : ()WlI.'iI'I'S & CCN1lU.CTOIl'S PROT . -'1 i .. --.-1 I 03/01/00 I 03/01/01~. E~~ .Go....G..ro. .... J:"'-- l ~flooueTs . cc"P?,. A~. $ UlO9.. i PeI'ISONAl & ACV I~JRY j J~ ::ftPO i EACH ()CeU~~NCE .-- ....., st:nM.flOIl'''. FIRi CAUlA3E (An)I on. f.n> : S ... ,... /"-" ". ~ IAED EY (Mv one o.l80n) i S I ! I \I €.b ~[>.\l. '1. ~ 'l.\lI)\I '?\S't-. \'J\~ IOOIL Y 11'UJfh' (Per -"0 Is , l-----J 1$ ! i _ I is L~~ lWtlm' ~.::::: ::: p >lReO AUTOS LJ NON-OWNED AUTO> I,.~- I i OARAG& LlUIUf't /fillY AUTO CO\I.elN"o $l!Il<)lE ,-,MIT llOO,l Y iN.AJllY (per ~Itorl 'I'AOP'iI'INOIWAGe i AUTO ONLY, e~ ACCIDENT I OTH~ 1lUN AIITO ;~:. 1.5::.: f.> <" f ...:.~ ~.:~.:.' .. , S I . $ i $ I 1$ ..-..!.... :$ .m._~~:_ . I S ,_______ i El ,,~ ' POLlCY UMiT I $ El O'S~A$i , EA EMPlO~ ! S IDlClEG$ UAIIlUTY ~ UMIlIlEUA FORN , ! OTHI!I'I ~AN lJNIReU.A FO:W I WOIIIIIJIS __110M .ucI ~ UAHITY , tHE PRO>FIETOAI n p~Tt~ INC,- OFFaRS ARE: exCL I OTll8l I I ~\ ~.ACM ACCIDENT A(lG~GATE lOA':;" CCCVRf&NCE I AA.'<l~iiO,ATi j.....-.. DISCII!!'!IC2!! 01' a"""'TIOM8I\OCA'I1ON~...1TUI j. CERTIPICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED FOR COMMERCIAL GENERAL LIABILITY. l I I I ! ~ "'. ",:::"" w.' ',~ ~..~ ~ .:,.' :,~1.:,:'~: :~'. tI~~h;RH:.;f:~:f~P~~1~~~~~~~T};~~~~~~~~~~~;~~:,~;~~;~~~~~~~~:~~~t;~~~;~i~:~:~~:i~l~H~( : I :, : .:.' ~:J:" :~Y:~:::':~A::' 'f!~;~;;;~:~i~>~::~~::~:~;~f~1~~r~:;~:~~~:~;~~;t;~i~\j.;~1~~:)~f.:;~~;;:;~!~~~~~;~~~.:~~ ~~~t~~;;~;:~~:Erf~~j~!~~:)~~:~~~:~;~~~~~~~:~~~ llI<OUUI """ os nt. UO\II llQORlIID IlOUCU lIE eANCElUD III'I'OIlE 'fill .. . . 1llPIlAT1QM DAta ntUllOf', ~ l8IUItIO COWA'" WIU OUIIAYOR TO MAli. &.. IlA" WR1TIVl HOllCI: TO TtlI l:Ul1R,,-n; IIOUlUl tlAMUt TO 'lIl1 LIlT. BUT FAlLUMfO IIAIL SUC/I Nl1J1C1 SI'tAI4 ..oft 110 OIILlGAllON Olil L1UIIJT'l' 0- ANY IQNl) UfOlI 1ME ~AIIY, rrs " AlmlOAlIIO l~ -.../ . tw. -. .. :it"'"'''''' . '?n;~~t~;@1~!:.~~;'rjtti!;0~~":~;;i!;;~Br$;;rit~.;?:"~f.iF;i~:ii;;~!;ii~t;~~~b!~);~~;;!~~#.~~::a,'frWi~~~~~lt:~..~t~f,~~I:,:;.:,;;.f1~"'" CLEARWATER FL CITY OF CLEARWATER ATTN: DEBBIE PAX #727-562-4825 Ce (~.1-i-1 eWv{V/ ~ CITY CLERK DEPARTMENT