MEMO REGARDING LEASE
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CITY OF CLEARWATER
CLEARWATER MUNICIPAL MARINA, 25 CAUSEWAY BOULEVARD, CLEARWATER, FLORIDA 33767
TELEPHONE (727) 462-6954 FAX (727) 462-6957
HARBORMASTER
CITY n~ ~r J:llPWATER
'we 052000
HARBORMAS H:HS OFFICE
November 2, 2000
Mr. Gardner Lloyd, Flotilla 11-1
United States Coast Guard Auxiliary
5324 Karlsburg Place
Palm Harbor, FI 34685
Dear Mr. Lloyd:
1. The City of Clearwater hereby grants to the Coast Guard, it's members and employees who are
authorized to conduct communications/operations activities, the right, privilege and permission to enter
into and on a certain tract of real property and its appurtenant facilities owned by the City of
Clearwater, more particularly described as
The Cupola room atop the third floor of the Clearwater Marina Building located on Lots 11 and 12
of the City Park Subdivision according to the map or plat thereof as recorded in Plat Book 23, page
37 of the Public Records of Pinellas County, Florida.
2. The above granted permission is for the purpose of operating a communications center for the United
States Coast Guard Auxiliary. Permission is effective commencing October 1, 2000 and ending
September 30,2003.
3. The City reserves the right to remove Coast Guard and Auxiliary property upon expiration of grant of
permISSIOn.
4. The privilege granted is without consideration and is merely an accommodation to the Coast Guard.
o~ &1r
5. This grant may be terminated by either the City ~Coast Guard upon thirty (30) days written notice to
the other party; with or without cause. All notices to this agreement shall be sent to the address of the
City and the Coast Guard.
U.S. Coast Guard Auxiliary
ONE CI1Y. ONE FUTURE.
re-
William D. Morris
Harbormaster
WDM/ cy
BRIAN J AU1\GST, MAYOR-COMMISSIONER
JB. JOHNSON, VICE MAYOR-COMMISSIONER
ED HART, COMMISSIONER
*
BOB CLARK, COMMISSIONER
ED HOOPER, COMMISSIONER
"EQUAL EMPLOY:'lENT fu"\O MFIRMATNE ACTION EMPLOYER"
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TO:
REQUEST FOR LEGAL SERVICES FORM
~hn Carassas, Assistant City Attorney
William D. Morris, Harbormaster
Ext. N 462-6954
FROM:
AUTHORIZED BY:
COPY TO:
Pamela K. Akin, City Attorney w/o attachments
SUBJECT:
Request for Legal Services
Re: USCG Aux'lletter of grant
DATE:
November 1, 2000
Service Required: (Click on appropriate box)
Review and comment on document D
Draft document D
Written opinion requested D
Advise QS1
1. Brief factual background of the request or problem:
Coast Guard wanted to use their license agreement instead of our lease
agreement.
2. Identify prior legal assistance on this or a related matter and the name of
the attorney who handled it:
Jane advised us not to use their agreement. You gave us a draft to use.
3. List and/or attach (related documents and known authorities, Le., statute,
ordinance, resolution, administrative code, legal case, contract, lease
letter, memorandum, prior legal opinion):
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CITY OF CLEARWAT'ER
CLF--\R\\.HER ~IL:\JCIPAJ. ~l-\Rl:\-\, 25 C-\15Pol" BOlLE\-\RD. CLLV\\l:....TER, FLORiDA 3r67
TELfPHOW C2~) .~6:?-695-f hx CD) -i62.6957
H.\RI30R\I.-\STER
November 2, 2000
Mr. Gardner Lloyd, Flotilla 11-1
United States Coast Guard Auxiliary
5324 Karlsburg Place
Palm Harbor, FI 34685
Dear Mr. Lloyd:
1. The City of Clearwater hereby grants to the Coast Guard, it's members and employees who are
authorized to conduct communications/operations activities, the right, privilege and permission to enter
into and on a certain tract of real property and its appurtenant facilities owned by the City of
Clearwater, more particularly described as
The Cupola room atop the third floor of the Clearwater Marina Building located on Lots 11 and 12
of the City Park Subdivision according to the map or plat thereof as recorded in Plat Book 23, page
37 of the Public Records of Pinellas County, Florida. .
2. The above granted permission is for the purpose of operating a communications center for the United
States Coast Guard Auxiliary. Permission is effective commencing October 1,2000 and ending
September 30, 2003. '
i
3. The City reserves the right to remove Coast Guard and Auxiliary property upon expiration of grant of
permlSSlOn.
4. The privilege granted is without consideration and is merely an accommodation to the Coast Guard.
5. This gram may be terminated by either the City o~Coast Guard up~n thirty (30) days written notice to
the other partYi with or without cause. All notices to this agreement ?hall be sent to the address of the
City and the Coast Guard.
U.s. Coast Guard Auxiliary
Approved and Accepted
illiam D. Morris
Harbormaster
WDM/ cy
O.\E CIW. O\E FLTlRE.
By:
Date:
BRi-\..'\ J AL'\GST, ~hYOR-Cml\llSSIO'\ER
J. B JOH'\SO'\, VICE ~l\YOR-CO\I.\IISS10'\ER
ED H.\RT. CO\I.\llSSIO'\ER
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E:: HlJO?!:R. C0.\!\IISS10'\ER
"EQLU E~lPLOntE:\T A.\O AFFIR.\I.\TI\'E ACTlo:\ E\!PLOYER"
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23 October 2000
To: Mr. William Morris
From: Bill Everill, DSO-LP 7
Re: Proof of donation of facilities
The following could be used as proof of agreement to used premises by Flotilla 11-1,
Seventh District, United States Coast Guard Auxiliary.
LICENSE AGREEMENT
(USCGAUX070_ - _- _L)
Unit # Yr. # of Lie. (ytd)
Agreement made hereby and between
herein after referred to as Licensor, and Flotilla 11-1 Seventh District United States Coast Guard Auxiliary
herein referred to as Licensee.
The parties agree as follows:
1. Licensor hereby grants to Licensee, and Licensee's members and employees who are
authorized to conduct boating safety and related programs, the right, privilege and permission to
enter Into and on a certain tract of real property and its appurtenent facilities owned by Licensor,
more particularly described as follows
2. The above granted permission Is for the purpose of conducting boating safety awareness and
related educational programs by the above described members and employess. The License shall be
effective commencing and ending
3. The Licensee reserves the right to remove Coast Guard and Auxiliary property upon expiration of
the License.
4. The privilege granted by this agreement is without consideration and is merely an accommodation
to Licensee.
5. This license may be terminated by either the Licensor or Licensee upon thirty (30) days written notice
to the other party; with or without cause. All notices to this agreement shall be sent to the address of the
Licensor and the Licensee as given in this license.
IN WITNESS WHEREOF, the undersigned have signed and sealed theses presents or caused theses
presents to be executed by its duly authorized officers and its seal to be affixed hereto this _ day of
2000.
,Licensor
, Street address
City:
State:
by:
Signature
Name of Officer; Title
Witness:
Signature
Flotilla 11-1 USCGAUX, Licensee;
By:
Signature
Name of unit commander; Title
Witness:
Signature
Approved by:
,DSO-LP-7; Date: _day of
2000.
William F. Everill
-,
S~p-11-ea MON 131:22 PM GARDNER LLO~D
31453130871
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Gardner R. Lloyd, Fe
11-1 D7
5324 Karlsburg Plac~
Palm Harbor, Florida 34685
727-942-2758
. . \.
facsimile transnrltfui
To:
Harbormaster's Office
Fax: 727-462-6957
From: Gardner R. Lloyd, FC
Date: 9/11/00
USCG Aux.
Re;
Lease
pagea:2
I have been advised that the Coast Guard Auxiliary prefers to use a License Agreement as
opposed to a lease wherever possible. Please review the attached to see if it meets with
your approval. If so, I will see that it is executed immediately. If not, I will do my best
to obtain approval of the lease received from your office. Certainly, we appreciate
Clearwater's efforts on our behalf.
Thank you for your consideration.
Gardner R. Lloyd
Flotilla Commander
Clearwater Flotilla 11-1
SEP-11-2000 14:43
TEU3145300871
IO)CLEARWATER MARINA
PAGE: 001 R=l00%
....
SEP-ll-00 MON 01:23 PM GARDNER LLOYD
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3145300871
P.02
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License Agreement
USCGAUX 07001-00..001
Agreement made hereby between the City of Clearwater hereinafter referred to as Licensor, and Flotilla 11.1
Seventh District United Stales Coast Guard Auxiliary hereinafter refel'red to as Licensee.
The parties agree as follows:
I. Licensor hereby grants to Licensee, and Licensee's members and employees who are authorized
10 conduct communicationsloperatioDs activities, the right, privilege and permission to enter into
and on a certain tract of real property and its appurtenant facilities owned by Licensor, more
particularly described as
The Cupola room atop the third floor of the Clearwater Marina building located on Lots \ t
and t 2 of City Park Subdivision aceording to the map or plat thereof as recorded in Plat
Book 23, Page 37 of the Public Records of Pinetlas County, Florida.
2. The above granted pennission is for the purpose of operating a communications center for the
United States Coast Guard Auxiliary. The License shall be effective commencing October I,
2000 and ending on September 30, 2003.
3. The Licensee reserves the right to remo\'e United States Coast Guard and Auxiliary p~rty upon
the expiration of or termination of the License.
4. The privilege granled by this agreement is without consideration and is merely an accommodation
to Licensee.
5. The Licensee, ill the manner and to the extent provided by the Federal Tort Claims Act. as
amended (28 V.S.C. see 2671-2680) shall be liable for, and shan hold Licensor harmless from
claims for damage or loss of property, personal inj'll)' or death caused by the acts or omissions of
the Licensu, itS members and employees, in the use of the licensed premises and its sppurtenant
facilities.
6. This license may be tenninated by either the Licensor or Licensee upon thirty (30) days written
notice to the other palty, with or without cause. All notices to this agreement shall be sent to the
address of the Licensor and the Licensee as given in this license.
IN WITNESS WHEREOff, the Wldersigned have signed and sealed these presents or caused these presents
to be executed by its duly authoriled officers and its seal affixed hereto this _ day of September 2000.
CITY OF CLEARWATER, Licensor
USCGAUX, Licensee
By:
By:
Witness:
WItness:
Date:
Approved By:
William F. EveriJ1, DSO-LP 7
SEP-11-2000 14:43
TEU3145300871
IO)CLEARWATER MARINA
PAGE:002 R=100%
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~ Clearwater
From:
U
.! V ~T~ORNEY ~eroffice Correspondence Sheet
-tn' Ie Co Ilaym-atl,-As-slstant City, ,ttorlley V
Cynthis E. Goudeau, City Clerk
William D. Morris, Harbormaster t:O~
To:
CC:
File
Date:
August 21, 2000
RE:
u.s. Coast Guard Auxiliary Lease Agreement
Attached are two (2) original Lease Agreements for the u.s. Coast Guard Auxiliary. Their lease
will expire on September 30, 2000. The City Manager is authorized to approve three (3) year
Lease agreements with existing Marina building tenants.
Please review and forward to the next person on the above list. I request that the City Clerk
forward to the Mayor and City Manager for final approval. Thank you.
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Lease Agreement
THIS LEASE AGREEMENT is made and entered into this of . 2000,
by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter
referred to as "Lessor", and the CLEARWATER FLOTI LLA 11-1 of the UNITED
STATES COAST GUARD AUXILIARY, a governmental organization of Clearwater,
Florida, sponsored and administered by the United States Coast Guard, 25 Causeway
Boulevard, Clearwater, Florida 33767, hereinafter referred to as "Lessee".
That in consideration of the sum of One Dollar ($1.00) and other good and
valuable considerations to it in hand paid, the receipt whereof is hereby acknowledged,
and in further consideration of the covenants herein contained on the part of the Lessee
to be kept and performed, the said Lessor does hereby lease, let and demise unto the
said Lessee, the following described property:
The Cupola room atop the third floor of the Clearwater Marina building,
said building being located on Lots 11 and 12 of City Park Subdivision
according to the map or plat thereof as recorded in Plat Book 23, page 37
of the Public Records of Pinellas County, Florida.
The parties hereto hereby covenant and agree as follows:
1. The term of this lease shall be for three (3) years beginning October 1, 2000 and
ending September 30, 2003. The Lessor retains the right to terminate this lease
for any municipal need consistent with the Lessor's charter; and, in addition,
Lessor may terminate this lease if the State of Florida or any of its agencies or
political subdivisions thereof acquire the demised property or any portion thereof
for a public purpose.
2. It is understood and agreed that the leased premises are to be used solely as a
communications center and control point for operations of the United States Coast
Guard Auxiliary. It is further understood and agreed that the leased premises shall
be used only for public purposes and that in no event shall the Lessee permit the
premises or any portion to be used for a purely private or individual purpose. It is
likewise understood and agreed that all alteration and installation expenses
incident to the above shall be borne by the Lessee, and that any significant
alteration of the demised premises shall require prior approval of the Lessor.
3. It is understood and agreed between the parties that the Lessee shall not make
any assignment, sale or other transfer of this lease.
4. In the event that the City Commission of said Lessor should at any time during the
existence of this lease decide that said premises or any part thereof is needed for
any purpose, the lease shall cease and terminate after thirty (30) days written
notice to the Lessee.
S:/USCG Auxiliary Lease Agreement
Page 1
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5. It is further provided that if at any time in the future. improvements or additions of a
permanent or lasting nature are made to said premises, and at the time of the
making of said additions and improvements. the City Manager of the Lessor
corporation is notified in writing of the cost and nature of same, and his written
approval is obtained, then and in that event, and upon cancellation of this lease in
the manner set forth in paragraph 4 of this lease. the Lessor shall pay over to the
Lessee the cost of such additions and improvements, less depreciation.
6. The said Lessee 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 users of the property in its area.
7. Lessee agrees to maintain the interior of said premises and keep the same in good
repair and to quit and deliver up at the termination of the lease the premises and
all permanent fixtures on said premises in as good condition as it now is or shall be
at the time of addition to said property, ordinary wear, decay and damage by the
elements only expected.
8. The Lessee may place appropriate signs on the demised property as long as said
signs conform to the ordinances of the City of Clearwater, Florida, presently in
force or passed during the term thereof regarding signs; provided, however, that no
sign other than the signs as aforesaid shall be painted, erected, constructed or
maintained by the Lessee and provided further that the Lessee shall upon the
expiration of the term hereof completely remove any signs as might be permitted
during the term hereof.
9. The Lessor hereby will provide all electric current. water and telephone service
used by Lessee.
10. It is further agreed between the parties hereto that in the event said Lessee should
breach any of the covenants herein contained or should the demised premises
cease to be used by the Lessee for the purposes herein set forth for a period of
thirty (30) days at any time after the inception of this lease, then said Lessee shall
become a tenant at sufferance and the said Lessor shall have the right. privilege
and option after notice in writing to said Lessee of the breach of said covenants or
agreements, to declare this lease terminated, and in which event said Lessor shall
be entitled immediately to reenter and retake possession of said demised
premises.
11. The Lessee assumes full responsibility for and covenants and agrees to indemnify
and hold harmless the Lessor, its agents and employees. from and against any
and all actions, claims, losses or expenses (including attorney's costs) for any
damages because of bodily injury, personal injury or property damage, including
loss of use thereof, resulting from the Lessee's use or occupancy of the demised
premises.
12. This lease shall be binding upon the parties hereto, their successors.
administrators and assigns.
Sf USCG AuxiLary Lease Agreement
Page 2
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In Witness Whereof, the parties hereto have set their hand and seals, this day
of , 2000.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By tflJ.ou ~Y.' 'JJ:
William B. Horne, II
Interim City Manager
Approved as to form:
Attest:
it~r~
ne C. Hayman t1'-
Assistant City Attorney
By:
U.S. Coast Guard Auxiliary
Clearwater Flotilla 11-1
Sf USCG Auxil:ary Lease Agreement
Page 3
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Interoffice Correspondence Sheet
To:
Jane c. Haymen
Assistant City Attorney
William D. Morris ~
Harbormaster
From:
CC:
file
Date:
September 11, 2000
RE:
U.S. Coast Guard Auxiliary lease Agreement
The Coast Guard Auxiliary has informed me that they prefer to use a license Agreement
opposed to a lease wherever possible. They have submitted the attached draft for our
consideration. Please advise.
I can be reached at 462-6954.
^.
Yellin, Catherine
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From:
Sent:
To:
Cc:
Subject:
Morris, William
Wednesday, September 13, 20002:12 PM
Hayman, Jane
Charlton, Marcia; Yellin, Catherine
RE: Coast Guard lease
I agree with whatever it was you just said..... I see no reason for them to dictate the terms of wording of the document to
us... just did them the courtesy of having it reviewed. Bill
---Original Message----
From: Hayman, Jane
Sent: Wednesday, September 13,20002:05 PM
To: Morris, William
Subject: Coast Guard lease
Sorry I missed your call. We were in a staff meeting.
I have had an opportunity to review the proposed license agreement from the Coast Guard. I recommend that the City
maintain the landlord tenant relationship under a lease with the Coast Guard rather than enter into more permissive
licensee-licensor arrangement. See Napoleon v. Glass, 229 So.2d 883-84 (Fla. 3d DCA 1969).
First, I suggest that the landlord-tenant relationship has been in place for a term of years. Second, City is familiar with
that form of interest. Third, the City Charter does not recognize the use of the City's property by a licensee. Fourth,
the Coast Guard gains a possessory interest rather than a contract right to do duties for the benefit of the City under
the agreement. For these reasons, I conclude that a leasehold is appropriate for this transaction.
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CLEARIXATER ~tlSlClP..lJ. ~t-\RJ:\.'" 25 0.t.sPl....y Bou.Ev.o.RD, Clf.AR\nTER, FLORID." 33767
TElEPHO\"E (727) 462-6954 F.,,-x (727) 462-6957
H. .IJUlOR.\l4.STER
United States Coast Guard Auxiliary
Commander Gardner Uoyd
5324 Karlsburg Place
Palm Harbor, Horida 34685
September 13, 2000
Re: Lease Renewal
Dear Commander Uoyd:
I have had Assistant City Attorney Jane Hayman, review the proposed license agreement
submitted by the United States Coast Guard Auxiliary, in lieu of, the former City ci
dearwater lease agreement.
She recommends that the City of dearwater maintain the landlord-tenant relationship under
a lease with the Coast Guard Auxiliary rather than enter into a license arrangement. She sites
NafXJkmv. Glass, 229 So.2d 883-84 (Fla. 3d OCA 1969).
Her reasons are as follows; "First, I suggest that the landlord-tenant relationship has been in
place for a term of years. Second, the City is familiar with that form of interest. Third, the
City Charter does not recognize the use of the City's property by a licensee. Fourth, the
Coast Guard gains a possessory interest rather than a contract right to do duties for the
benefit of the City under the agreement. For these reasons, I conclude that a leasehold is
appropriate for this transaction."
If you wish to continue the agreement sent you with original signatures by Mayor Brian
Aungst, City Manager William Home, Assistant City Attorney Jane Hayman and City Clerk
Cynthia Goudeau, please sign both copies, keep one and return the other to me at the above
address. You can reach me at (727) 462-6954 if you have any questions.
William D. Morris
Harbormaster
WDM/ cy
Attachment
O\"E CIlY. O\"E FlTL'RE.
BRl-l..'i J :\l\GST, ~1AYOR,CO~I.\IlSSIO\ER
J B. ]OH\SO\. VICE ~hYOR-CO~1.\IISSIO\ER
ED H.\RT. CO"-\lISSIO\ER
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BoB CL\RK. Cm1.\lISSIO\ER
ED H'.JOPER. CO.\1.\t1SSIO\ER
"EQUJ. E.\lPLOnlE\T 1,-'0 AFFIR.\lUIVE ACTIO\" E.\fPLOYER"
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--Original Message--
From: Hayman. Jane
Sent: Wed~sda~. September 13. 2000 2:05 PM
To: M~.~mam
Subject: Coast Guard lease
Sorry I missed your call. We were in a staff meeting.
I have had an opportunity to review the proposed license agreement from the Coast Guard. I recommend that the City
maintain the landlord tenant relationship under a lease with the Coast Guard rather than enter into more permissive
licensee-licensor arrangement See Napoleon v. Glass, 229 So.2d 883-84 (Fla. 3d DCA 1969).
First, I suggest that the landlord-tenant relationship has been in place for a term of years. Second. City is familiar with
that form of interest. Third, the City Charter does not recognize the use of the C~'s property by a licensee. Fourth,
the Coast Guard gains a possessory interest rather than a contract right to do duties for the benefit of the City under
the agreement For these reasons, I conclude that a leasehold is appropriate for this transaction.
1