6832-01
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ORDINANCE NO. 6832-01
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE CLEARWATER MARINA
BUILDING; CREATING SECTION 33.006, CODE OF
ORDINANCES, CLEARWATER MARINA BUILDING
LEASES, TO AUTHORIZE THE CITY MANAGER TO
APPROVE LEASES OF SPACE IN THE CLEARWATER
MARINA BUILDING SUBJECT TO CERTAIN CONDITIONS;
REPEALING ORDINANCE 6796-01; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Commission has debated for the past decade the delegation of
the authority to lease space at the Clearwater Marina building to the City Manager; and
WHEREAS, the delegation discussed was for lease terms of three years per
tenancy; and
WHEREAS, the final determination on the delegation is unclear in the record;
WHEREAS, Ordinance 6796-01 is repealed and replaced by this ordinance;
now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 33.006, Code of Ordinances, is hereby created to read as
follows:
Sec. 33.006. Clearwater Marina Building Leases.
The city manager is authorized to approve and execute on behalf of the city all
Clearwater Marina building leases, except as provided herein, subject to the following
conditions and limitations;
(1) Term. The maximum term of any lease shall be three years, with an
additional two year option, giving a five year total term if approved by the City Manager.
(2) Rental rates. Rental rates shall be generally consistent with the rates for
commercial space on Clearwater Beach, and with the rates historically earned by
spaces in the Marina. Rental rates may include a flat rate, a percentage of gross
revenues, or a combination thereof. The rental of a space for a flat rate or a
percentage of gross revenues, or combination thereof, less than one hundred (100)
percent of that paid by the prior lessee shall require the approval of the city
commission.
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Ordinance NO.6832-01
. (3) Rental payments; deposits. Each lease shall provide that rent shall be
paid on the first day of each month and shall be delinquent if not paid on or before the
fifth day of the month. Delinquent payments shall bear interest at a rate determined by
the City Manager, plus a late charge of $10.00. At the commencement of each lease,
the lessee shall pay the first month's rent and a security deposit in an amount equal to
one month's rent to secure the faithful performance of the lessee's obligations, which
deposit may be used to pay for damage to the premises or any other lawful purpose. At
the end of the term of the lease, the deposit amount or balance thereof, if any, shall be
credited to the lessee's last monthly rental payment. The lessee shall not be entitled to
interest earned on the deposit.
(4) Use of premises. The premises shall be used only for lawful and proper
purposes, and the purposes shall be specified in the lease agreement.
(5) Assignment. The lessee shall not assign, sublease, mortgage, pledge, or
hypothecate the premises, the lease agreement, or any rights thereunder without the
prior written consent of the city manager.
(6) Taxes and utility services. The lessee shall promptly pay all taxes levied
against the premises or the leasehold interest therein, and all charges for utility
services, including but not limited to electricity, water, sewer, telephone, and cable
. television.
(7) Improvements. The lessee may be required to perform improvements to
the premises at lessee's cost, subject to approval of the city manager, as may be
agreed by the parties.
(8) Signs. All signs shall comply with the sign code requirements of the city,
and shall be subject to the approval of the city manager, who may delegate the
authority to approve signs to the harbormaster.
(9) Insurance, hold-harmless, and indemnification. The lease agreement
shall require the lessee to obtain liability insurance, with the city named as an additional
insured, and to agree to indemnify and save the city harmless from liability for damage
to property and injury to persons resulting from or in connection with the lessee's use
and occupancy of the premises, other than liability arising from the city's own
negligence.
.
(a) Without limiting the generality of the foregoing, the lessee shall indemnify
and save the city harmless from any mechanic's liens or other claims which may arise
from improvements to the premises, and shall require any contractor performing
improvements to the premises to furnish a performance and payment bond assuring the
completion of the improvements and the payment of subcontractors and material
suppliers.
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Ordinance NO.6832-01
. (b) The minimum insurance, hold-harmless and indemnification requirements
shall be in accordance with the latest version of the city's risk management guide.
(10) Other provisions. The lease agreement may contain such other
provisions as are customary in a commercial lease agreement or which are determined
advisable by the city manager, as agreed upon by the parties. The inclusion of certain
provisions in this section shall not be deemed to exclude other provisions, not
inconsistent with this section, to which the parties may agree.
(11) Form of standard lease agreement. The city manager shall develop the
form of a standard lease agreement, which shall be used in negotiating the lease of
spaces in the Marina building. Except for those provisions, which are required by this
section, the city charter, or Florida law, the standard lease agreement shall be subject
to negotiation in each case.
Section 2. Existinq leases. Nothing herein shall be construed to impair any
lease agreement for space in the Clearwater Marina building in existence on the
effective date of this ordinance, during the term of such lease agreement. Upon the
expiration of such lease agreements, the city manager is authorized to approve and
execute on behalf of the city new leases, subject to the conditions and limitations set
forth herein.
.
Section 3. Ordinance 6796-01 adopted on June 21,2001 is hereby repealed.
PASSED ON FIRST READING
August 16, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
September 6, 2001
Bria~~S~
Mayor-Commissioner
Approved as to form:
~~
J Carassas
Assistant City Attorney
Attest:
.
3
Ordinance NO.6832-01
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\.. ('
ORDINANCE NO. 6796-01
.
.~ ,;'\-..
AN ORDINANCE OF THE CITY OF CLEARWA TEF / ': I
FLORIDA, RELATING TO THE CLEARWA TEl
MARINA BUILDING; AUTHORIZING THE CIT
MANAGER TO APPROVE LEASES OF SPACE Ih-----
THE CLEARWATER MARINA BUILDING SUBJECT
TO CERTAIN CONDITIONS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Commission has debated for the past decade the
delegation of the authority to lease space at the Clearwater Marina building to
the City Manager; and
WHEREAS, the delegation discussed was for lease terms of three
years per tenancy; and
WHEREAS, the final determination on the delegation is unclear in the
record;
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
.
Section 1. Leases of space in Clearwater Marina BuildinQ.
The city manager is authorized to approve and execute on behalf of the city
leases of space in the Clearwater Marina building (the Marina), except as
provided herein, subject to the following conditions and limitations;
(1) Term. The maximum term of any lease shall be three years. No lease
agreement shall contain an "automatic extension" of the term in any form. The
extension or renewal of a lease shall require a new lease agreement.
(2) Rental rates. Rental rates shall be generally consistent with the rates for
commercial space on Clearwater Beach, and with the rates historically earned by
spaces in the Marina. Rental rates may include a flat rate, a percentage of gross
revenues, or a combination thereof. The rental of a space for a flat rate or a
percentage of gross revenues, or combination thereof, less than one hundred (100)
percent of that paid by the prior lessee shall require the approval of the city
commiSSion.
(3) Rental payments; deposits. Each lease shall provide that rentals shall be paid
on the first day of each month and shall be delinquent if not paid on or before the fifth
day of the month. Delinquent payments shall bear interest at the rate of 14 percent per
. annum until paid, plus a late charge of $10.00. At the commencement of each lease,
Ordinance No. 6796-01
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the lessee shall pay the first month's rent and a security deposit in an amount equal to
one month's rent to secure the faithful performance of the lessee's obligations, which
deposit may be used to pay for damage to the premises or any other lawful purpose. At
the end of the term of the lease, the deposit amount or balance thereof, if any, shall be
credited to the lessee's last monthly rental payment. The lessee shall not be entitled to
interest earned on the deposit.
(4) Use of premises. The premises shall be used only for lawful and proper
purposes, and the purposes shall be specified in the lease agreement.
(5) Assignment. The lessee shall not assign, sublease, mortgage, pledge, or
hypothecate the premises, the lease agreement, or any rights thereunder without the
prior written consent of the city manager.
(6) Taxes and utility services. The lessee shall promptly pay all taxes levied against
the premises or the leasehold interest therein, and all charges for utility services,
including but not limited to electricity, water, sewer, telephone, and cable television.
(7) Improvements. The lessee may be required to perform improvements to the
premises at lessee's cost, subject to approval of the city manager, as may be agreed by
the parties.
.
(8) Signs. All signs shall comply with the sign code requirements of the city, and
shall be subject to the approval of the city manager, who may delegate the authority to
approve signs to the harbormaster.
(9) Insurance, hold-harmless, and indemnification. The lease agreement shall
require the lessee to obtain liability insurance, with the city named as an additional
insured, and to agree to indemnify and save the city harmless from liability for damage
to property and injury to persons resulting from or in connection with the lessee's use
and occupancy of the premises, other than liability arising from the city's own
negligence.
(a) Without limiting the generality of the foregoing, the lessee shall indemnify and
save the city harmless from any mechanic's liens or other claims which may arise from
improvements to the premises, and shall require any contractor performing
improvements to the premises to furnish a performance and payment bond assuring the
completion of the improvements and the payment of subcontractors and material
suppliers.
(b) The minimum insurance, hold-harmless and indemnification requirements shall
be in accordance with the latest version of the city's risk management guide.
(10) Required provisions. The lease agreement shall include a recapture or reverter
. clause in favor of the city, as required by the city charter; a radon gas notice, as
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Ordinance No.6796-01
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required by Florida law; and any other clauses or notices required by law or the city
charter.
(11) Other provisions. The lease agreement may contain such other provisions as
are customary in a commercial lease agreement or which are determined advisable by
the city manager, as agreed upon by the parties. The inclusion of certain provisions in
this section shall not be deemed to exclude other provisions, not inconsistent with this
section, to which the parties may agree.
(12) Form of standard lease agreement. The city manager shall develop the form of
a standard lease agreement, which shall be used in negotiating the lease of spaces in
the Marina. Except for those provisions, which are required by this section, the city
charter, or Florida law, the standard lease agreement shall be subject to negotiation in
each case.
(13) Exception. This section shall not authorize the leasing of the space in the
Marina occupied by the United States Postal Service as of the date of adoption of this
ordinance except upon the approval of the city commission.
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Section 2. ExistinQ leases. Nothing herein shall be construed to impair any
lease agreement for space in the Clearwater Marina building in existence on the
effective date of this ordinance, during the term of such lease agreement. Upon the
expiration of such lease agreements, the city manager is authorized to approve and
execute on behalf of the city new leases, subject to the conditions and limitations set
forth herein.
Section 3. Codification. The codification of this ordinance in the city code of
ordinances is hereby authorized and directed.
Section 4. Effective date. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING
June 7, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissi
Approved as to form:
Jj~~ ~\';,y~anf~J" ..) ~ ~--
. Assistant City Attorney
Attest:
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Ordinance No.6796-01