FIVE YEAR LEASE AGREEMENT (3)
',. -"".'
~..,. r ;_.,~..' 1
I
1
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this
~
J"'" day of
~
197', by and between the CITY OF CLEARWATER,
FLORIDA, A MUNICIPAL CORPORATION, hereinafter referred to as II Lessorl'
and HOWARD G. HAMILTON, hereinafter referred to as "Lessee";
WITNESSETH:
That in consideration of the covenants herein contained of the granting of
this Lease and the sums paid and to be paid hereunder, the Lessor hereby leases
to the Lessee and the Lessee hereby leases from the Lessor according to the
terms, conditions and covenants herein contained the following described
premises located in the City of Clearwater, Pinellas County, Florida, to wit:
Food Concession and Restroom Complex Building, located on the
west 140 feet of the east 215 feet of the south 1/2 of Lot l8, and
Lots 19 and 20, Lloyd, White and Skinner Subdivision, in Section
7, Township 29 South, Range 15 East, as recorded in Plat Book
13, pages 12 and 13, of the Public Records of Pinellas County,
Florida.
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE
AS FOLLOWS:
1. The term of this lease shall be for a period of five (5) years, beginning
on the first day of ,July, 1979,
and ending on the 30th day of June, 198.4.
2. Lessee shall have an option to renew this lease for an additional period
of five (5) years upon mutual agreeme:n.t of both parties.
3. The City Manager may cancel this lease at any time by ~ivinO' written
notice to the holder of the lease, or any of his a gents or his attorney, when in
the opinion of the City Manager inferior service is being offered or the terms of
the. minimum financial agreement are not being met or for any other good and
valid reason that might reflect on the image of Clearwater and is not in the best
interest of the people of Clearwater. The City Manager may also impose reason-
able requirements from time to time as situations arise wherein he feels it is
necessary to do so. Should the Lease be cancelled by the City during the term
of the lease the lessee will be reimbursed for the unrecovered costs of improve-
ments described in paragraph 11, page 3 herein.
-1-
, I
;-1
.-co.
r':\ .
~)~\
h
I
'/ \ r\ ~
'vI ,~\.\ \ -s - '6 \
J c1 . O~) U -/4-
. .
I!,
,
.,;:;:"ro
I I
3. The Lessee shall be allowed to sell the following merchandise at the
Food Concession Complex only:
a. Hot Foods - hot dogs, hamburgers and other such hot foods,
such as french fries, as may be prepa~ed by using the ,.,rill
and french fryer.
b. Ice Cream.
c~ Cold sandwiches, both prepared and pre-packaged, cookies,
popcorn, chips and other such packaged food items.
d. Beverages (Non-Alcoholic).
3. Sundry items - suntan lotions, sun glasses, sun hats, film,
cigarettes and cigars and other personal beach recreational
items, and software.
4. The Lessee shall be allowed to rent the following approved beach equip-
ment at one other location other than the Food Concession Complex, but restric-
ted to the area described in Paragraph 5 below: Beach chairs, cabanas, umbrellas
and floats (rubber or canvas).
5. The Lessee shall restrict the rental of beach equipment to the Food
Concession Complex and the area of Clearwater Beach owned by the City south
of First Street and North of the filled area used for parking. and more specifically
described as bein'" Lots 5 through 32, inGlusive, of Lloyd, White and Skinner
Subdivision, less any of the above described property used now or in the future
by the Lessor for other purposes.
6. The Lessee is prohibited from hawking or other verbal solicitation of
any type either at the Food Conces'sion Complex or the beach equipment rental
area. No coil\-operated amusement devices or machines or any juke boxes will
be allowed. No inside or outside loud speakers will be permitted.
7. The hours of operation for the Food Concession Complex, beach equip-
ment rental concession and rest rooms shall be no earlier than 8:00 A. M. and
no later than 10:00 A. M. for opening, and no later than one-half hour after
sunset for closing except in time of inclement weather. The beach rental equip-
ment shall be removed from the beach and stored by sunset. The use of trucks
or other vehicles on the beach a rea will be permitted for distribution and pick-up
of beach equipment only. The times allowed for distribution and pick up will be
determined by the City Manager.
-2-
-; .,
~~
I I
8. The Lessor res erves the right to review and approve prices to be
charged for all sale and rental items. Prices may be modified when approved by
the City Manager. Lessee will submit in writing any proposed modification in
prices to the City Manager to permit the City Manager to determine if propos ed
prices are reasonable and fair. The decision of the City Manager will be binding;
however, the Lessee has the right of appeal to the City Commission.
9. The Lessee hereby agrees to pay to the Lessor the sum of Seven
Hundred Dollars ($700.00) per month as a minimum guarantee. In addition, the
Lessee shall pay a percentage of the annual gross sales to be paid with minimum
monthly rental credited against percentage rental: Annual gros s sales percentages
are shown in Paragraph 10. The Lessee at the time of signing the lease agreement
shall deposit Fourteen Hundred Dollars ($1400.00) with the Lessor, to be held by
the Lessor during the term of the lease as a guarantee of faithful performance
of the concession lease agreement. The Lessee may not assign this lease except
with the written consent of the City Commission. Assignment of a majority of
the corporate stock in case of corporation ownership will constitute such an
assignment and will require approval of the City Commission.
10. ANNUAL GROSS SALES FROM CONCESSION
10% of Gros s Sales
ANNUAL GROSS SALES FROM BEACH RENTAL
$ 0 -$30, 000
30, 000 - 50, 000
50,000 -lOO, 000
100,000 - Up
10%
10%
15%.
20%
11. The Lessee is authorized and will make, at his expense, structural
improvements to the pavilion as outlined to and approved by the City Commis sion
at its meeting of December 21, 1978, and as outlined generally in Exhibit A,
attached hereto. Lessee is authorized to recover the cost of said improvements
up to a limit of $75,000 by deducting from rental fees due the City on gross sales
on the basis of 10% per year or $7,500 per year until costs of improvements are
recovered up to $75, 000. Any improvement costs in exces s of $75, 000 will not
be recoverable. All improvements made to the subject property during the term of
the lease or any extensions thereof shall become the property of the City of
Clearwater upon termination of the leas e.
-3-
. " l....'
,Ii. ResponsibilitieS of Lessee. The Lessee).viil prov,ide all equipment
and merchandise necessary for the operation of the concession complex.
,.
The Lessee will pay:
a. All Utilities.
b. All Utility Taxes.
,
c. All ad va\orem taxes.
d. All necessary license fees.
e. All normal day to day repair and maintenance costs
(any material used in repair as maintenance will be at
least equal to that originally provided).
f. All required insurance premiwns.
g. Lessee will be responsible for picking up and disposing of
all trash, garbage and other debris within 200 feet of 'the Food
Concession Complex building. Trash cans in the i.:m.mediate area
of the Food Concession Complex building will be provided and
maintained by the Lessee.
'h. Lessee must maintain the highest rating given by the Florida
Hotel and Restaurant Conunission and comply with all the
standards required by the Health Deparbnents of the State of
Florida and Pinellas County.
l3~, The Lessee shall prot:ure and maintain during the life of the lease,
adequate liability insurance to save the Lessor harmless in the event any
liability should occur by virtue of the operation of this Concession on the
aforesaid properties. The Lessee also agrees to purchase and deliver over to
the Lessor a liability insurance policy wherein the Lessor is insured to the
minimum li:mits of lo6~, 000/$300, 000 covering property damage and bodily
injury. The Lessee shall maintain in good condition and repair during the term
of this lease the premises, building improvements and equipxnent at his own
'.
expense. ~e Lessor sh::illl provide fire and ........;nrtf;tnrm ;n!lnr:a..nce nn tlt,..
bui1din~ housing the Food Concession and rest rooms, but not to include any
equipment or merchandise owned by the Lessee.
-4-
;i' -,/
4.~, ,..
f..
I
,
14.. Taxes. Should Pinellas County see fit at any time to assesS the
above described property for City, State and .County Taxes because of the
operation of the beach equipment concession business, then the Lessee shall
pay the said taxes on the above described property; however, the Lessee may
contest the assessment in the Courts at his expense and the judvnent 6f theJ
Court shall be bindinglon the Lessee. .
15.~. Signs. No sign of any type will be posted, erected, hung or
otherwise placed in view of the general public so as to advertise any product
.
or identify the concession complex unless permitted by City Code and authorized
and approved by the City Manager. However, the Lessee shall provid~
menu-type board or boards to be placed inside the food concession area so
that they will be plainly visible to the public, listing the food and dri~ items
for sale and their corresponding prices. The Lessor will aff"lX signs at the
entrances of the rest rooms indicating male or female~ A price list sign of
all beach equipment rentals shall be posted (12" x 2411) by the Lessee at the
entrance to the beach equipment rental concession area as well as at one other
point from which the rental of beach equipment has heretofore been authorized.
1.6. Rest Room Operation. Rest room facilities must be kept clean
and sanitary at all times and ~ubject to inspection by employees of the Building
Inspection Deparbnent of the Lessor. No coin operated toilets or other coin-
operated devices will be allowed in the aforementioned rest room facilities.
Lessee agrees to notify inunediately the Police Department of the Lessor at
any time the Les s ee becomes aware of any activity that is a violation of a law
in the area of the concession complex.
17. The Lessor agrees to not grant other concessions for furnishing
beach equipment or food for the area of the beach heretofore described during
the life of this lease. The exclusive right to rent beach equipment does not
deny the public the right to bring their own equipment on the beach for their
personal use.
-5-
, ...'
'..:Jll:-t~:
I
I
rs.. Records of Business. All sales shall be recorded on a tape cash .
r.
register and the tapes shall be maintained for review by the City's Auditor.
The Lessee shall maintain an adequate set of books and records on his operation
of the business of renting beach equipment and the sale of food, beverages and
sundries and his books and records shall be made available to Lessor at ~
, . -
any tUne a request is J'made for them 1?y the' City Manager or his agents.
1'9. Employees. Lessee agrees that the agents and/or employees
used in the operation of this business on the above described beach property
. ,
will be of good moral chara~ter and that each such agent or employee will be
required to register, be fingerprinted and photographed at the Clearwater
Police Department within forty-eight (48) bO':1rs of said employ:ment and to
carry identification card issued by said Police Department on their person
at all tUnes during their hours of employ:ment~ Lessee further agrees that any
such person who does not conduct hinlself in a gentlemanly like manner in
carrying out his duties on said beach shall, for good and sufficient reason
shown, be immediately discharged and replaced. If the City Manager becomes
advised as to immoral or irregular conduct of any of the persons concerned
with the operation of the business and there is adequate proof upon which any
charge may be made of immo!al or irregular conduct, the City Manager may
submit said charges to the Lessee with a request that the person or persons so
,
being charged be discharged immediately, and the Lessee shall comply.
lO, This lease shall be binding on the heirs, personal represenatives,
successors and assigns of the parties hereto.
21. Should the Lessee, his successors or assigns, violate any of the
covenants ofthisuleas-eonms part to be performed, or fail to pay the rental
herein provided at the time and in the manner herein stated, the Lessor may,
at its option, terminate its lease and the Lessee shall forthwith become a
-
tenant at sufferance, and the Lessor shall have the right to re-enter aDd take
possession of the pre::m.isea or pursue any other remedies Lessor may have in
equity or at law.
-6-
. .. . - . , '~,.1!,"
..-" ...~
r.
I
I
22. If any portion of the contract is invalid, that invalidation would not
effect the remainder of the agreement.
23. Notices hereunder shall be given only by registered letter or telegram
and shall be deemed given when the letter is deposited in the mail or the _telegram
filed with the telegraph company, postage or charges prepaid, and addressed to
the party for whom intended at such party's address first herein specified or to
such other address as may be substituted therefor by proper notice hereunder.
24. In the event the Lessor retains an attorney to enforce any of the pro-
visions or-this lease, or renewals of or addenda to this lease~- or to effect the
enforcement of any legal right of the Lessor against the Lessee, the Lessee
hereby agrees to pay to Lessor all costs of said enforcement reasonably incurred,
including court costs and reasonable attorney's fees, provided such action results
in a decision favorable to the Lessor.
IN WITNESS WHEREOF, this lease is executed as of the date first above
FLORIDA
City Ma:nage.1'-:;.' -.
,.. :: ' .. . ~.~":-..
Attest: ~ Lu~;-~~
CitY'CI.e!~_.. .
LESSOR
7~~-l--3, 'jk~,. ~(SEAL)
Howard G. Hamilton
LESSEE
\3~ f)JJLJ,~
As to Hamilton (Lessee)
.' ->' " , ' T. \:
.~r~ 'i "
\NILLlAMS'& .JAi:,~~R ~RC~IT~CTS~HAR TERE D
P LAN N E R S _.. 0 E S I G N E.R S - CON ~ T R U C T 1,0 N._ ~ A N_~ G ~ R,S
. . -. - .. -.
MEMBERS OF TH.E AME.R.ICAN INSTITUTE OF ARCHITECTS
- , . . .. I
1AAS"COURT'STREET ..: CLE....RW....TER- FLORJO.... 3351-6
Apr.i 1'.21 '.:1978:- .... '. .. '-:'-'~.~. : .". . - , " .
a. - - .." -..... ~ -. '::-:-"_:':"-_.~-;' :~::"'.--'-'.-.._.~.:..':.,". ...._....{.._._:.~._-;::~-~..:.:=-.: :._~:--- .
~. -, : ,:':~:< f(; ;:~. ~;;~.1~~:("~:~:i:~,~;.~~,;.: .;': . -;; . - - ~,~:- .
Mr. Howard Ham i J t~n '. - . . :.-. - .'
- -
909 Bay-EspJan~de~ .
CJearw~te~ Beach, Florida 33515
..
.
. -'
- .'
. _.
I
Dear Mr. Hamilton:
..
..
-
The following is an estimate for the work at. the South
Beach pavi J ion.
1. -C~ty garage-- Including piling; grade beam, concre~e floor,
concrete bloct walls, roof and roatching new. roof,' eJec- =
t.rjcal .and garage .d.9pr.- .: . - r
...... -588- sq.- ft.--@ '$17Jsq~ ft. -t-J-f:J-sy.f1; = 7Jl5f.FT. $ 9:99-6__00-T~f3/::/;~
2. Additional garage area~o south beach garage- including
piling, gr-ade beam, concre~e floor, concrete block walls
a~roof and roof changes. . .
~ sq. ft. @ $17 Jsq. ft.. . . $~, 090 .00
3. Toilet addition- piling, grade beam, concrete floo~~_tile
work, concrete bloct walls, six additional fixture~ ~nd'
- r&et partitions, electrical and roof. -
_ sq. ft. @ $35Jsq.ft. $-9;-l.mh-OO- .
4. Deck and covered deck between buildings- including piling,
grade'beam,_ wood deck, roof and skylights.
1,012 sq. ft. @ $12Jsq. ft. $12,144.00
5.' South deck area- pi"ling, grade beam, wood deck, roof and
steps.
264 sq. ft. @ $12] sq~
6. N"ew 6' sidewai~ south
100. long.
.2,70
~
~.?1
/J. /~.
ft. $ 3,168.0rr
side of bui'l di ng; approx i matel y
I
3./6f
7.
$ 1.,200.00
Beach shop- piling, grade beam, concrete floor with finish,
finished walls, finished roof and ceiling.
'816 sq. -ft. x $30Jsq. 'ft.
~ ~"'D 'S"a Fr. .
-, " ~.,,, .'
8. Interior remodeling of counters, etc.
I,d-{)~
, ,
$24,480..00 -r "7,?oO::-3
TOTAL ESTIMATE COST
$ ~r500.00
$67,478.00 F 7~,rl
7t,71
truly yours,
YrL~ER
e;lJ1IA
ARCHITECTS CHARTERED
000..:"'\..0 S V,'L\",A"'.s F II>. . ..
CD_.A~D H _ALIlCI'I.~.. II>. i
......T r ...yCRS .... A
ALC. ~L':!>~O.~._II>.''''''
_..LL....... II>. aTT ...__.. I
'~)(~, 611- /f