AMENDED LEASE
1>+.:. '
~","l""
"
,
I
~, -...-
AMENDED LEASE
COMES NOW, THE CITY OF CLEARWATER, hereinafter referred to
as "Lessor", and CLEARWA TER GOLF PARK, INC., hereinafter referred
to as" Le Sse e " :
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Lease and Agreement
dated February 24, 1970, concerning the property described in Exhibit "AI';
and,
WHEREAS, Lessor and Lessee entered into an Amendment to Lease
and Agreement, dated March 6, 1974; and
WHEREAS, Lessor and Lessee entered into an Agreement, dated
~
the dJ/.. day of J'~ __ W , 1980, wherein it was agreed that Lessee
shall no longe:o lease that portion of the Exhibit "A" property previously used
as an airport facility, and in consideration therefor, the Lessor will agree to
certain changes related to that portion of the Exhibit "A" property presently
used as a golf course facility; and.
WHEREAS, the Parties desire to set forth the understanding of the
Parties concerning continuation'of the Lease Agreement between the Parties
in one Agreement.
NOW, THEREFORE, the Parties agree as follows:
Lessor hereby continues to lease to the Lessee and Lessee hereby
continues to lease from the Lessor according to the amended terms, condi-
tions and covenants herein contained, the following described real property
located in Pinellas County, Florida, in accordance with Exhibit liB" attached
hereto and incorporated herein by reference as the legal description.
,",\
"",.,C>
/9J0'7-;)3 I
,
.,- ,
'- . I I
,~ ,
\,'
1. The term of this Lease shall be for a period of thirty (30) years
beginning on the 1 st day of March, 1970, and ending on the 28th day of
February, 2000; provided, that should any subsequent authority determine
that the granting of this lease for a period of thirty (30) years be contrary with
the Statutes of the State of Florida or the Charter of the Lessor as it was in
effect on February 24, 1970, that the term of this Lease shall be decreased
only to that period of time which is determined by that authority to be a maxi-
mum legal period of time for the demise granted under this Lea~e, and said
Lease shall continue in full force and effect for said lesser period of time.
2. The Lessee hereby covenants and agrees to pay rental therefor
as follows:
To pay the sum of $1,000.00 annually for the balance of the term of
this Lease, beginning October .2
, 1980, which shall be paid in one
annual payment amounting to $1,000.00; said payment shall be due and pay-
able on the _ \
day of October each year during the term of this Lease.
The rental payment for the last year of the Lease shall be prorated according
to the actual number of days Leased during the year.
3. The demised premises shall be used only for the following pur-
poses:
A. To operate a public golf course, including and in addition
thereto all normally attendant golf activities, including, but not limited to the
operation of a pro shop for sales at retail, and rental, operation and mainten-
ance of golf carts, driving range, sale of food and beverages, including alco-
holic beverages; provided, however, that the sale of alcoholic beverages shall
be limited to consumption on the premises and shall further be subject to all
Federal, State and local laws and other requirements. The facilities for dis-
persing food and beverages shall be designed primarily to serve the patrons
of the golf course.
- 2 -
", ~ I
I
I
B. Lessee may utilize such other portions of the demised pre-
mises as are not required for the operation of the golf course for additional
purposes, such as additional recreational facilities for public use not incon-
sistent with the operation of the golf course. These additional uses and all
others that may be requested shall be afforded the Lessee only after obtaining
prior written approval of the City Commission, which consent will not be
unreasonably withheld.
4. The Parties are hereby agreed that it is their intention that the
entire premises hereby demised to Lessee shall be operated, maintained and
developed in such a manner as to be a credit to the City of Clearwater, and to
this end the Parties are agreed that at all times during the term of this Lease,
all such facilities shall be operated and maintained to a standard considered to
be generally acceptable in the operation of a public golf course. The facili-
ties as described in Paragraph 3 A and B above shall be made available to all
the public regardless of race, color or creed, and shall be developed, operated
and maintained in a manner consistent with the public interest.
5. Should the City Commission of the City of Clearwater reasonably
determine at a public hearing after having given written notice of said hearing
to Lessee that the facilities under control of the Lessee are not being operated
or maintained in a manner consistent with the public interest, such determina-
tion shall provide a basis for revocation of this Lease. It is provided, however,
that should there be a dispute between Lessor and Lessee as to a finding by
Lessor that the operation of the premises are not being operated or maintained
in a manner consistent with the public interest, that the procedures as set
forth in this Agreement relative to settlement of disputes applies to this
paragraph.
- 3 -
'," ~. ,
, .
J
I
6. It is the intent of this Lease that the Lessee shall operate pub-
lic facilities and Lessee agrees that it will not charge excessive prices for
its services, that said prices shall be maintained at a competitive level for
comparable public facilities, provided that Lessee is entitled to a reason-
able profit upon his investment.
7. The Lessee has cooking facilities and provisions for hot water
on the premises, and in line therewith, Lessee covenants and agrees that
fuel for said cooking and hot water shall be gas to be supplied by Lessor.
Lessor agrees to supply gas lines in accordance with its usual practices
for service of its gas customers.
8. Lessor reserves the right to approve the plans and specifications
for any improvements to the demised premises. To accord Lessor this oppor-
tunity, plans and specifications for improvements to the property shall be
furnished to Lessor. The Lessor shall have a period of thirty (30) days
from delivery of specifications concerning improvements within which to
approve or reject said plans and specifications or suggest modifications
thereof. Lessor shall not unreasonably refuse to allow Lessee to make improve-
ments to the demised premises.
9. The Lessee hereby covenants and agrees to make no unlawful,
improper or offensive use of the leased premises, and not to assign this lease,
nor to sublet any portion of the demised premises without the prior written
consent of Lessor, provided that said consent shall not be unreasonably with-
held. Any attempt to pledge, encumber, hypothecate, sublet or assign without
the prior consideration and consent of the City Commission of Lessor will
render this lease null and void and place said Lease in default if allowed to
continue for a period of more than thirty (30) days. It is provided, however,
that the City Commission of Lessor shall not unreasonably withhold the right
- 4 -
"
-- ;.
I
I
of the Lessee to hypothecate this Lease. . In the event the City does not
make a decision whether to allow the Lessee to pledge, encumber, hypothe-
cate, sublet or assign the Lease within thirty (30) days of the date of Lessee's
request, the Lessee I s request shall be granted.
10. Lessee agrees to protect and hold harmless the Lessor from
all damages or claims for loss, damage or injury that may be suffered
by anyone whomsoever on account of operations carried on by the Lessee
under this Lease. To that end, the Lessee shall, at its own expense, pur-
chase and maintain fire insurance to the full insurance amount of all build-
ings and improvements; liability insurance in an amount not less than five
hundred thousand dollars ($500,000.00) per person, and one million dollars
($1,000,000.00), aggregate, for any claim, including liability insurance
to bailees, tenants, invitees, together with premise operation insurance,
with coverage on automobile parking lots, slip and fall accidents, special
events, tenants, contractors and vehicles, and such additional insurance
as is generally acceptable and appropriate for the operation of the golf
course and attendant activities as may be operated by Lessee hereunder.
All of said insurance shall have an endorsement thereon that the City of
Clearwater is an additional insured as its interest may appear, and shall
further provide that reasonable notice be given to the Lessor in case of
cancellation of said insurance. A certificate of insurance on each policy
shall be given to the Lessor annually. The Lessee further agrees that
all monies paid to it from fire insurance companies shall be usedexclu-
sively and promptly to reconstruct the fire damaged or destroyed facilities.
- 5 -
. .
\~ ~
.,'\ '.
.... ~
. ,
I
I
ll. The Lessee shall secure written approval from the Lessor for
any modification or remodeling of existing facilitie s or for the construction
of any new facilities. It is agreed that the existing improvements, together
with all improvements to be constructed by Lessee during the term of this
Lease on the demised premises, shall become the property of the City of
Clearwater upon the expiration or termiT.!-ation of this Lease; provided,
however, that said reference to improvements herein contemplates improve-
ments to the real estate which become a part of the land as distinguished
from personal property utilized by the Lessee. All buildings, whether the
same be moveable or permanent, shall, for the purpose of this Lease, be
considered as improvements to the land and shall remain as aforesaid.
l2. Lessor agrees that it will promptly pay all ad valorem real
property taxes that may be assessed against the property during the term of
this Lease, and shall indemnify and save harmless the Lessee from any pay-
ments relating to ad valorem real property taxes relating to the premises.
Lessee agrees that it will pay any State sales tax due on the $1, 000. 00 annual
rent payment to be made by the Lessee to the Lessor and, that it will pay all
other taxes, including occupational license, beverage license, relating to its
operation of a golf course, which are required by law.
13. The Lessor covenants that so long as the Lessee shall comply with
the covenants herein made by the Lessee, Lessee may use and peaceably enjoy
the premises as between the Lessor and the Lessee without Lessor's warranty
as to title or the Lessor's right, power or authority to make this lease, or to
lease the demised property, and without warranty as to the lawful or unlawful
claims of third parties.
- 6 -
, "~'"
'. . ,', t. I I
)
14. If, at any time during the term of this Lease the Lessee shall de-
fault in the performance of any of the terms or provisions hereof, the Lessor
shall give the Lessee written notice of such default, and if said default shall
continue for a period of thirty days, after said written notice, then the
Lessor may, at its .option, terminate this Lease and said Lessee shall forth-
with become a tenant at sufferance and Lessor shall have the right to re-
enter and take possession of the premises and pursue any other remedie's
available to the Lessor in law, in equity, or under this agreement, and
Lessee agrees to pay the costs thereof, including a reasonable attorney's fee.
That should Lessor claim that Lessee has defaulted in the performance of
any terms or provisions of this agreement, and Lessee disagrees with said
notice of default, that this dispute shall be arbitrated in accordance with the
Florida Rules of Arbitration, which ruling will be binding upon both parties.
The non-prevailing party in such proceeding shall pay the prevailing party's
attorney's fees.
15. The Parties hereto agree that should any dispute arise between
them which cannot be amicably settled, then the parties agree to present said
dispute to arbitration, ~n accordance with the Florida Rules of Arbitration,
pursuant to Florida Statute 682, which ruling shall be bbding upon both
parties. The non- prevailing party in such proceeding shall pay the prevailing
party's attorney's 'fees.
l6. In the event one party desires to arbitrate a dispute under this
Lease, that party shall give written notice of such interest to the other. Within
thirty (30) days of the date of said notice, each party shall appoint a person to
act as an arbitrator. The two persons selected shall, within fifteen (15) days
thereafter, appoint a third arbitrator. In the event the three arbitrators are
not selected within forty-five (45) days of the written notice by one party of a
desire to arbitrate, th~n there shall be no further requirement for the parties
to arbitrate a dispute, and either party may file an action in the Circuit Court
of Pinellas County to obtain a determination concerning the issues of dispute.
- I -
;,
,
".",
~~:,.
~
'.
, ' ~ " J.. . . _~
~
I
I
':... -,
. "
.", .
~ .' 1
l7. The parties hereto have executed a 3hort form lease for recording
in the Public Records of Pinellas County. Said short form lease was executed
concurrently with the original execution of this Lease, and contains an express
provision that Lessee may not subject the demised property to any possible
liens for any reason, without prior consent of the Lessor.
l8. All notices to either of the parties hereto shall be by Certified
Mail (return receipt requested) and the following are the addresses of the
parties:
Lessor:
The City of Clearwater
City Manager's Office
Post Office Box 4748
Clearwater, Florida 33517
Lessee:
Clearwater Golf Park, Inc.
l875 Airport Drive
Clearwater, Florida
20. This Lease shall be binding upon the parties hereto, their successors
and assigns where permitted.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this
3.J- day of
October
, 1980.
THE CITY OF CLEARWA TER, FLORIDA
B
:%J
r ectness:
Attest:
ci~~. l~
City Cle rk
Witnesses:
AJMML t 4rL;Jf Pd j
"LESSOR"
l'As to Lessor"
,.~~
"LESSEE"
- 8 -
.
. .. 'A
" .. '" ' , ,"j.,- "~~' ..
~ .." t ...... ~..
. ;.. .. ~...., ,.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
I
I
"-
-.
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
City Attorney
City Engineer
Airpark Lease Description
March 4, 1970
Start at the center 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 16' 59ft 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 434.80 feet; thence run N 000 16' 59"
East 300.00 feet; thence run N 890 21' 07" West 475.00
feet; thence runN 000 16' 59" East 825.00 feet; thence
run N 890 21' 07" West 246.38 feet to the Northwest
corner of the Southeast 1/4 of the Northwest 1/4 of said
Section 12. Thence run N 000 15' 03" East 858.85 feet;
thence run N 890 23' 01" West 642.10 feet; , thence run
S 000 13' 07" West 438.50 feet; thence run N 890 21' 07"
West 709.76 feet; thence run S 000 13' 07" West 2159.40
feet; thence run East 547.38 feet; thence run S 000 23',
02" East 928.95 feet; thence run S 890 20' 18" East
1717.61 feet; thence run S 000 16' 59" West 160.46 feet;
thence run S 890 20' 18" East 375.00 feet; thence run
N 000 16' 59" East 1489.39 feet to the point of beginning.
Less existing right-of-way, and less 30 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
375 feet.
Subject to dedication of Drainage and Utility Easements
to cover existing utilities, drainage ditches and drainage
structures.
/'/JfL.. .
111/,,;:,1.:;
MGB: j
~l'
(
. ~
EXHIBIT "A II
...
,
"
" ,~ ,.f'l:i, I I
,"
GOLF PARK
Start at the center of Section 12{ Township 29 South{ Range 15 East,
and run N890 19' 10" W 50.00 feet; thence run S 00016'59" W
1,489.39 feet; thence run N 890 20\ 18" W 375.00 feet; thence run
N 0 0 0 16 I 5 9 " E 1 6 0 . 4 6 fee t ; t h en c e run N 8 9 0 2 0' 1 8" W 18 9 .7 5 fee t :
rIA-A
for a point of beginning. IThence run N 250 13~ 17" W 3,425.55 feet;
thence run N 890 21' 07" W 613.47 feet; thence run S 000 13' 07" W
2,159.40 feet; thence run East 547.38 feet; thence run S 00023' 02" ~
928.95 feet; thence run S 890 20' 18" E ~527.86 feet to the point of
beginning. Less existing right-of-way and less 60 feet for existing
Airport Drive along the South boundary of this tract.
)n d 8 31-, 0 I
;t8,j-- 0-.
~ f~ <.J... 11-/L<J fn-j ,,- ,,- ?5 3,,/00 I /0 00 ~
oj- t~L Nlw r'" ;/~1i-/o
EXHIBIT B
: