LICENSE AGREEMENT
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this ~5"~ day of ~,
199;' ~ and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "Licensor" and ALEXANDRA OF CLEARWATER BEACH, INC.,
hereinafter referred to as "Licensee":
WIT N ESSE T H :
WHEREAS, Licensor is the owner of the fee simple title to the area described in Exhibit
A and hereinafter referred to as the "Premises"; and
WHEREAS, Licensor is willing to grant a license to Licensee to use the Premises for the
purposes stated in this agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The term of this agreement is for fifteen (15) years, beginning on the 1st day of
May, 1996, and ending on the 30th day of April, 2011. As referred to in this agreement, an
"agreement year" commences on the 1st day of May of each year and terminates on the 30th day
of April of each year during the term of this agreement. Reference to the City Manager
throughout this agreement refers to Licensor's City Manager or her designated agent. The term
"Licensor" refers to the City and any act to be taken by the Licensor under this agreement must
be taken by the City Commission.
2. The City Manager may cancel this agreement at any time by giving fifteen (15)
days prior written notice to the Licensee, or any of its agents or its 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 in the opinion of the City
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Manager might detract from Clearwater and is not in the best interest of the people of Clearwater.
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Such written notice shall state in particular any and all complaints and Licensee shall have 15
days within which to reasonably correct such complaints to the satisfaction of the City Manager.
The Licensor retains the right to terminate this agreement for any municipal need
consistent to Licensor's charter. This right of termination is to be considered in addition to the
right of termination set out in this agreement.
3. The Licensee shall have the exclusive right to sell the following merchandise at
the Food Concession Complex:
a. Hot dogs, hamburgers, French fries, pizza, sandwiches and other like hot food.
b. Any cold or hot non-alcoholic beverage.
c. Ice cream, frozen yogurt, popcorn, pretzels, candy, gum, cookies, cold
sandwiches, chips, and other like cold food.
d. Postcards, sunglasses, suntan lotion, beach towels, beach chairs, water and sand
toys, floats, bathing suits, sandals, health products, and any other like sundry items.
4. Licensee shall have the exclusive right to rent beach cabanas, umbrellas, floats
and similar beach equipment, subject to City Manager approval, for public use on the following
described length of City-owned beach:
From the property line dividing the City of Clearwater Beach and the Surfside Hotel beach, said
line being located approximately 175 feet north of the center line of big Pier 60, to a line
represented by the westward extension of the center line of the right-of-way of First Street, said
line being located approximately 825 feet south of the center line of big Pier 60, a total distance
of approximately 1,000 feet.
Licensee shall not set up any rental equipment on any other beach property, nor represent
or imply that its rental equipment may be placed by anyone on any property other than the
aforementioned 1,000 feet stretch of beach. Licensee shall own, maintain and store all rental
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equipment used on the Premises at its cost. Licensee agrees to pay Licensor, in addition to any
other amounts due, 50% of all rental income, payable monthly throughout the term of this
agreement.
5. The Licensee is specifically prohibited from hawking or other verbal solicitation
of any type either at the Food Concession Complex or the beach equipment rental area. No coin-
operated amusement devices or machines or any juke boxes will be allowed. No live
entertainment or outside loud speakers will be permitted.
6. The Licensee is responsible for the cleanliness and maintenance of the public
restrooms.
7. The hours of operation for the Food Concession Complex, beach equipment rental
concession and restrooms shall be no earlier than 6:00 a.m. and no later than one-half hour after
sunset for closing, with the minimum requirement that the Food Concession Complex shall be
open at least seventy (70) hours per week. The beach rental equipment shall be removed from
the beach and stored by sunset. The use of trucks and other vehicles on the beach will be
permitted for distribution and pickup of beach equipment only. The times for distribution and
pickup and the conditions under which the vehicles are operated must be authorized in writing by
the City Manager.
8. The City Manager reserves the right to review and approve prices to be charged
for all sale and rental items. Prices may be modified when authorized in writing by the City
Manager. List of current prices must be submitted within twenty (20) days prior to opening, and
within twenty (20) days of any changes to such price list.
9.
The Licensee hereby covenants and agrees to pay:
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a. For concessions, sundries and beachwear as follows:
(1) A guaranteed minimum rental in equal monthly payments, which will be
due and payable on the first day of each month, an amount in accordance with the following
schedule:
1-15
Total Minimum Rental
$100,000 annually
Monthly Payments
$8,334 per month
Years of Lease
(2) As additional rent, Licensee shall pay annually at the end of each
agreement year, the percentage specified on the amount between the figures listed below:
20% - Between $750,000 and $1 million in gross sales
22.5% - Between $1 million and $1.5 million in gross sales
25% - Between $1.5 million or more in gross sales
Licensee shall pay all amounts due as stated above within thirty (30) days of the
end of each agreement year. Licensee further agrees to provide Licensor within fifteen (15) days
of the end of each monthly period during the term of this agreement the statement showing the
amount of gross sales during the preceding month. The statement used by the Licensee to report
such sales will be in such form as to be satisfactory to the City Manager and must be certified as
correct by the Licensee's chief financial officer, or his designee, showing the amount of gross
sales at and/or from the demised Premises during the monthly periods reported by the statement
in the amount of year- to-date gross sales for the agreement year. Additional rent shall be
calculated from the first day Licensee opens to the public.
(3) Licensor agrees to abate rent for no more than thirty (30) days from date of
occupancy for the Licensee to prepare Premises for opening to the public. Upon opening to the
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public, Licensee agrees to pay a prorated portion of any incomplete month at the beginning of
this term and begin full monthly payments on the first day of each month thereafter until
termination of this agreement. Licensor also agrees to abate one month's minimum guaranteed
rent of $8,334.00 in consideration for the Licensee's installation of a hood and ancillary system
which shall be a fixture and remain on the Premises.
(4) The term "Gross Sales" means the entire amount of the actual sales price,
whether for cash or otherwise, of all sales of food, services, beverages, clothing, or other receipts
whatsoever of all business conducted in, on or from the Premises, including mail or telephone
orders received or filled at the Premises. No deduction shall be allowed for uncollected or
uncollectible credit accounts. Such term shall not include, however, any sums collected and paid
out for any sales or excess tax imposed by any duly constituted governmental authority wherein
Licensee is regarded as the collecting agent.
c. The Licensee further agrees to submit an audited certification of annual gross
sales as certified to by a Certified Public Accountant within thirty (30) days of the end of each
agreement year. The scope of the audit must include the Licensee's compliance with the terms of
the agreement to disclose the gross sales at or from the demised premises. The statement shall be
prepared according to generally accepted accounting principles and practices, showing in all
reasonable detail the amount of gross sales during the prior agreement year. The Licensee also
agrees to provide at the same time as the statement regarding annual gross sales pertinent
depreciation and amortization schedules filed with the Internal Revenue Service for the prior
year.
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d. Any amount due from Licensee to Licensor under this agreement which is not
paid when due shall bear interest at the maximum allowable legal rate from date due until date
paid, together with a late charge of 5% of any amount due, to cover Licensor's extra expenses
involved in collecting such delinquency; provided that such interest and late charges shall be
automatically reduced by such amount as necessary to cause such charges to be in compliance
with usury laws. The late charge must be paid within 30 days of the day the delinquent payment
was due.
10. The Licensee hereby covenants and agrees to make no unlawful, improper, or
offensive use of the Premises. Licensee shall not permit any business to be operated in or from
the Premises by any concessionaire of Licensee without the written consent of Licensor.
Licensee further covenants and agrees not to assign, pledge, hypothecate, or sublet this
agreement in whole or in part without the prior written consent of Licensor. The consent of
Licensor to any assignment, pledging, hypothecating, or subletting shall be at Licensor's sole
discretion, and shall not constitute a waiver of the necessity for such consent to any subsequent
assignment, pledging, hypothecating, or subletting. This paragraph shall be construed to include
a prohibition against any assignment or subletting by operation of law. If this agreement is
assigned, or if the Premises or any part thereof are sublet or occupied by anybody other than
Licensee, Licensor may collect rent from the assignee, subtenant or occupant, and apply the net
amount collected to the payments to be made herein by Licensee, but no such assignment,
subletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance
ofthe assignee, subtenant or occupant as tenant, or a release of Licensee from the further
performance by Licensee of covenants on the part of Licensee herein contained. If at any time
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during the term of this Agreement, any or all of Licensee's interests are transferred by sale,
assignment, bequest, inheritance, operation of law or disposition, Licensee shall notify Licensor
in writing of such transfer and shall provide to Licensor the name, address, financial statement
and business experience resume for the immediate preceding ten (10) years of the proposed
assignee. This information shall be in writing and shall be received by Licensor no less than
thirty (30) days prior to the effective date of such transfer. Licensor at its sole discretion shall
have the option of accepting the proposed assignee and can charge a reasonable fee to Licensee
for processing such request. Licensee can request a transfer under this provision no more than
once in an agreement year unless specifically consented to in writing by Licensor.
11. Licensee agrees that it will promptly pay all ad valorem real property taxes and
personal property taxes that may be assessed against the Premises during the term of this
agreement. Licensee further agrees that it will pay any state sales tax due on the rental payment
made by the Licensee to the Licensor and that it will pay all other taxes, including but not limited
to, occupational license, beverage license, and permits relating to the operation of the business
conducted on the Premises, which are required by law.
12. Licensee hereby covenants and agrees to pay all bills for electrical current, gas,
water, heat, refuse collection, and other services to the Premises when due.
13. Licensee is not authorized to make any structural improvements or changes to the
concession area unless expressly agreed to in writing by Licensor.
14. Licensee will use biodegradable materials whenever feasible.
15. Licensee will provide all equipment and merchandise necessary for the operation
of the concession complex. In addition, the Licensee will pay all normal day-to-day repair,
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maintenance, and replacement costs, being certain that any material used will be equal to or
better than that originally provided.
16. Licensee will be responsible for picking up and disposing of all trash, garbage,
and other debris, whether or not initiated from the sales of the concession complex, within 100
feet of the Premises, including the entire Promenade area between Pier 60 and Mandalay
A venue. Licensee is authorized to place trash cans in the immediate area of the Premises, said
trash cans to be maintained by the Licensee.
17. Licensee agrees to indemnify and hold Licensor and its employees harmless from
and against any and all claims, demands, causes of action or lawsuits of whatever kind or
character arising directly or indirectly out of this agreement and/or 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/or for any bodily or personal
injury or loss of life in, upon or about the Premises or the surrounding premises the Licensee is
required to maintain or which the Licensee uses in connection with the business operated at, on
or from the Premises. All personal property, including trade fixtures, in the Premises shall be at
the risk of Licensee, and Licensor shall not be liable for any damage to such property arising
from any cause including, but not limited to, bursting, leaking or accidental operation of water or
sewer pipes; roof leaks or flooding. Licensee agrees to investigate, handle, provide defense for
and defend any such claims, demands, causes of action or lawsuits at its sole expense and agrees
to bear all other costs and expenses related thereto, even if the claim, demand, cause of action or
lawsuit is groundless, false or fraudulent.
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Licensee shall at his own expense purchase or maintain during the term of this
agreement, the insurance coverages set out below:
(1) Property Insurance - (Real property including improvements and/or
additions).
(a) E.Qnn - All Risk Coverage.
(b) Amount of Insurance - The full insurable value on replacement
cost basis.
(c) Flood Insurance - When buildings or structures are located within
an identified special flood area, flood insurance must be provided for the
Licensor 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 Licensor, shall be named as an
additional insured.
(2) Boiler and Machinery Insurance - If the buildings or structure include
boiler(s), pressure vessel(s), and/or air conditioninglheating equipment, Licensee 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 - $1,000,000 per accident.
(c) The City or Clearwater, as Licensor, shall be named as an
additional insured.
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(3) Comprehensive General Liability - Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive General Liability Policy
filed by the Insurance Services Offices and must include:
(a) Minimum limits of$I,OOO,OOO per occurrence combined single
limits for Bodily Injury Liability, Personal Injury, and Property Damage Liability.
(b) Premises and/or operations.
(c) Independent contractors.
(d) Products and/or compl~ted operations.
(e) Personal injury coverage with employee and contractual exclusions
removed, including coverage for liability resulting from the dispensing of
alcoholic beverages, if Licensee at any time during the term of this agreement
obtains a license to serve any type of alcoholic beverages.
(f) The City of Clearwater, as Licensor, shall be named as an
additional insured.
(4) Business Auto Policy - Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the Insurance
Services Office and must 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).
(c) The City of Clearwater, as Licensor, shall be named as an
additional insured.
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(5) Workers' Compensation - Coverage to 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
Licensee is approved by the State of Florida, the Licensor agrees to recognize and accept same
upon proof of such approval.
In addition, Licensee shall provide to Licensor the following:
(1) Complete copies of all insurance policies required by this agreement.
(2) Not less than thirty (30) days notice of cancellation or restrictive
modifications of any insurance policy providing the coverage required by this agreement.
18. If at any time during the term of this agreement, the buildings or Premises or any
part, system, or component thereof, (hereinafter, the "demised premises") shall be damaged or
destroyed, said demised premises and any additions or improvements thereto, shall be promptly
repaired or rebuilt or restored by the Licensee to the condition as good as the same was
immediately prior to such damage or destruction at the Licensee's risk and expense, and in
accordance with plans and specifications mutually agreed upon at the time; or if none can be
agreed upon, then in accordance with the original plans and specifications and any subsequent
plans and specifications for any additions or improvements constructed prior to the damage. The
work of restoration or rebuilding shall be in full compliance with all laws and regulations and
government ordinances applicable thereto. The insurance proceeds shall be paid to the Licensor,
and such proceeds will be used for the repair or restoration. Any cost of repairs or restoration in
excess of the insurance proceeds shall be borne by the Licensee. Any insurance proceeds in
excess of the cost of repairs or restoration shall belong to the Licensee.
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During the period of such damage or destruction, whether in whole or in part, the
monthly guaranteed rent shall abate for no more than 120 days or until commencement of
business, after receipt of all building permits, whichever is sooner. Licensor shall not withhold
unreasonably building permits Licensee applies for and are necessary to repair such damage or
destruction.
If the demised premises shall be totally destroyed or so damaged as to render it
practically useless during the term of this agreement, then and in that event, the Licensee may
terminate this agreement as of the date of such damage with (30) days written notice to the
Licensor. In the event of such termination the insurance proceeds provided for under this
agreement shall be paid to the Licensor. In the event of such destruction and except as otherwise
specifically provided under this agreement, both parties waive any and all rights of recovery
against each other for any direct or indirect loss occurring to the demised premises.
19. Licensor, at its option, may exercise anyone of the remedies provided in
subsection f of this paragraph, except as otherwise provided herein, upon the happening of any
one or more ofthe following events (Events of Default):
a. Licensee's default in the payment of any rental or other sums due for a period of
five (5) days after the due date;
b. Licensee's continued default with respect to any other covenant of this agreement
for a period of fifteen (15) days after receipt of written notice of such default by Licensee from
Licensor, provided that if such default reasonably required more than fifteen (15) days to cure,
there shall be no Event of Default if Licensee has commenced correcting action within the fifteen
(15) day period and is diligently prosecuting such action;
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c. There shall be filed by or against Licensee in any event pursuant to any statute
either of the United States or of any state, a petition in bankruptcy or insolvency or for
reorganization or arrangement, or for the appointment of a receiver or trustee of all or a portion
of Licensee's property, or if the Licensee makes an assignment by operations of law, or if
Licensee makes application to Licensee's creditors to settle or compound or extend the time for
payment of Licensee's obligations, or if execution, seizure, or attachment for a period of 120
days. Failure to remove the levy, seizure or attachment within the 120 day period shall actuate
the default provided by this paragraph and the bond posted shall be forfeited.
d. Licensee's vacating or abandoning the Premises;
e. Licensee's understating gross sales by more than three (3) percent in sales reports
given to Licensor. An error occurring by reason of computer malfunction, typing, or other
similar clerical error shall not be considered a default within the meaning of this paragraph.
f. Licensor, at its option, may exercise anyone or more of the following remedies
which shall be cumulative.
(1) Terminate Licensee's right to possession under this agreement and reenter
and take possession of the Premises, reletting or attempt to relet shall only involve a
prospective tenant capable of providing comparable or better type services, at such rent
and under such terms and conditions as Licensor may deem best under the circumstances
for the purpose of reducing Licensee's liability, and Licensor shall not be deemed to have
thereby accepted a surrender of the Premises, and Licensee shall remain liable for all
rents and additional rents due under this agreement and for all damages suffered by
Licensor because of Licensee's breach of any of the covenants of this agreement. Said
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damages shall include, but not be limited to, charges for removal and storage of
Licensee's property, remodeling and repairs, leasing, commissions and legal fees, and
loss of prospective percentage rentals by Licensor. Said prospective percentage rents
shall be calculated on the basis of Licensee's gross sales for the immediately preceding
twelve (12) month period or for the period, adjusted on an annualized basis, commencing
with the first day of this agreement if this agreement has not been in effect for twelve (12)
months. In addition to its remedies hereunder, Licensor may accelerate all fixed rentals
due under this agreement, in which event the Licensee shall be liable for all past due rent,
accelerated rent and damages as described above; however with respect to the accelerated
rent, Licensor shall receive only the present value of such accelerated rent. At any time
during repossession and reletting pursuant to this subsection, Licensor may, by delivering
written notice to Licensee, elect to exercise its option under the following subsection to
accept a surrender of the Premises, terminate and cancel this lease, and retake possession
and occupancy of the Premises on behalf of Licensor.
(2) Declare this agreement to be terminated, whereupon the term hereby
granted and all right, title and interest of Licensee in the Premises shall end and Licensor
may re-enter upon and take possession of the Premises. Such termination shall be
without prejudice to Licensor's right to collect from Licensee any rental or additional
rental which has accrued prior to such termination together with all damages, including,
but not limited to the loss of prospective percentage rentals suffered by Licensor because
of Licensee's breach of any covenant under this agreement.
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(3) Exercise any and all rights and privileges that Licensor may have under
the laws of the State of Florida and/or the United States of America.
20. Licensee shall secure prior written approval from Licensor for modifications or
remodeling of existing facilities or for the construction of any new facilities, such approval not to
be unreasonably withheld or delayed. The terms remodeling or modifications as used herein
shall include only those events requiring the issuance of a building permit. It is agreed that the
existing improvements, together with any improvements constructed by Licensee during the term
of this agreement on the demised premises, shall become the property of the Licensor upon the
expiration of termination of this agreement; provided, however, that said reference to
improvements herein contemplates improvements to the real estate which become a part of the
land as distinguished from personal property utilized by the Licensee.
21. Licensee shall, at his expense, at all times during the terms of this agreement keep
the Premises and all improvements and facilities thereon in good order, condition, and repair. It
is specifically understood by Licensee that the Licensor has the right to inspect the Premises and
improvements at any time to ensure that the Premises and improvements are indeed in good
order, condition, and repair. Upon the termination or expiration of this agreement, Licensee shall
repair any and all damages to the Premises caused by the removal by Licensee of personal
property .
22. Upon the termination or expiration of the agreement for whatever cause, the
Licensee shall have the privilege at his own expense of removing its equipment, signs, insignia,
and other indicia of its tenancy or use.
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23. Licensee agrees to indemnify and save harmless the Licensor by reason of any
mechanic's lien which may be asserted as a claim against the property, and to furnish Licensor a
good and sufficient bond signed by a reputable bonding company doing business in Florida,
which bond shall be in an amount equal to 100 percent (100%) of the cost of construction of the
contemplated improvements to the demised premises.
24. The Licensee hereby covenants and agrees to promptly and continuously comply
with all regulations and orders of the Health Department and health officers of the local, state,
and national governments; and Licensee hereby covenants and agrees to keep, operate, and
maintain the concession in such a manner as to preclude any warnings, violations or notices to
show cause being issued by any regulatory agency authorized to inspect the Premises under
Florida Statute 509 as it presently exists or as it may be amended. In addition, Licensee agrees to
forward to Licensor a copy of each inspection report issued in accordance with Florida Statute
509 as it presently exists or as it may be amended within fifteen (15) days of receiving any such
reports.
25. Licensor covenants and agrees that upon payment by Licensee of the rents herein
provided, and upon observance and performance by Licensee of all the covenants, terms, and
conditions required of the Licensee by the agreement, Licensee shall peaceably and quietly hold
and enjoy the Premises for the term of the agreement without hindrance or interruption by
Licensor.
26. Notices hereunder shall be given only by registered letter and shall, unless
otherwise expressly provided, be deemed given when the letter if deposited in the mail, postage
prepaid, addressed to the party for whom intended at such party's address first herein specified or
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to such other address as may be substituted therefore by proper notice hereunder. Notice to be
provided to Licensor and Licensee as stated below:
As to Licensor:
City Attorney's Office
City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
As to Licensee:
Alexandra of Clearwater Beach, Inc.
1441 Joel Lane
Clearwater, Florida 34615
27. If the Certified Public Accountant providing the annual audit required in this
agreement is not an independent Certified Public Accountant, Licensee at the City Manager's
option, agrees to make all records of gross sales pertaining to this agreement available to an
independent Certified Public Accountant chosen by the City Manager, for the purpose of
confirming the fair representation of the previously submitted audits. Any such audit provided
for in this paragraph may not go back for more than three (3) years. If an independent Certified
Public Accountant, chosen by the Licensor, audits the business operated hereunder, and finds that
a fair representation of the gross revenues understates lease revenue due the Licensor, the cost of
the independent audit shall be borne by the Licensee; if the independent audit confirms the fair
representation of the Licensee or overstates lease revenue due to the Licensor, the Licensor shall
pay for the audit.
28. 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 the City of Clearwater Code of Ordinances, as they now exist or as they may be
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amended, and unless authorized and approved by the City Manager. However, the Licensee must
provide memo-type board or boards to be placed inside the food concession area so that they will
be plainly visible to the public and list the food and drink items for sale with their corresponding
prices. Licensee also will place a sign inside the food concession area so it will be plainly visible
to the public which states that the concession area and beach rentals are operated by Licensee and
not Licensor. The Licensee will be responsible for signs at the entrance of the restrooms
indicating appropriate gender. A sign denoting the price list of all beach equipment rentals must
be posted by the Licensee at the entrance to the rental concession area as well as at one other
point from which the rental of beach equipment has heretofore been authorized.
29. Restroom facilities must be kept clean and sanitary at all times and are subject to
inspection by Licensor. No coin-operated toilets or other coin-operated devices will be allowed
in the aforementioned restroom facilities except upon written authorization of the City Manager.
Licensee agrees to notify immediately the Licensor's Police Department at any time the Licensee
becomes aware of any activity that is a violation of a law in the area of the concession complex.
30. Licensee agrees to provide change of dollar bills to users of Licensor's parking
lots so that these users are able to deposit the coins required in the parking meters. It is the
parties' intent that the Licensee will provide said change whenever possible.
31. Licensee's exclusive right to rent beach equipment from the Premises does not
deny members of the public the right to bring their own equipment for personal use.
32. All sales shall be recorded on a tape cash register and the tapes shall be
maintained for review by the Licensor's auditor. The Licensee shall maintain an adequate set of
books and records of his operation of the business of renting beach equipment and the sale of
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food, beverages and sundries, and his books and records must be provided to the City Manager
at her request.
33. Licensee shall not advertise any business not operated at, on, or from the Premises
without the prior written consent of the City Manager.
34. Licensee agrees that the Premises shall be utilized as a public activity area, which
shall include a Safe Zone for lost children, Jolly Trolley stop, information dissemination point,
distribution point for City parking permits and other City and civic sponsored promotions and
entertainment activities. The City can restrict any activity, including but not limited to
entertainment, promotions, items for sale or rent by Licensee on the premises that are not
acceptable as determined by the City Manager at her sole discretion. Failure of the Licensee to
make any changes required by the City Manager will result in default and Licensor shall be
entitled to all the remedies provided for in this agreement.
35. If Licensee, or either personal guarantor of this agreement is in default of any
other agreement with the City, then such default shall be deemed a default of this agreement and
the City may pursue all available remedies provided for in this agreement.
36. In the event the Licensor retains an attorney to enforce any of the provisions of
this agreement or renewals of or addenda to this agreement, or to effect the enforcement of any
legal right of the Licensor against the Licensee, the Licensee agrees to pay the Licensor all costs
of said enforcement reasonably incurred, including court costs and reasonable attorney's fees.
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IN WITNESS WHEREOF, this agreement is executed as of the date first above written.
Countersigned:
Issloner
Approved as to form and
legal sufficiency:
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10hn Carassas, Assistant City Attorney
Signed, sealed and delivered in
the presence of:
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CITY OF CLEARWATER, FLORIDA
By Elizab?~~ity Manager
Attest:
ALEXANDRA OF CLEARWATER BEACH, INC.
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By
Steven Chandler
Its: President
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Personal Guarantor
M~m. CfuVldt~1
Personal Guarantor
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CONCESSION
STAND
PIER 60
PARKING LOT
CORONADO
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Scale: 1"=50'
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V//~ - LEASED AREA
EXHIBIT A
CITY OF CLEARWATER. FLORIDA
ENGINEERING DEPARTMENT
B.V.D.
W.J.S.
PIER 60
CONCESSION STAND
LEASE