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09/11/1939 '" r' . ", ~- ".! ,"'~- V>, .' " ',~ ., '~..,- :.~,:~:>,;,' " '._, ,I.,' ..',1,:: .L~ '. ...,H, .'. , '". MINUTES OF THE MEETING OJ!' THE OITY COWISSION . ".' '." The City Commission of the City ot Olearwater met in regular meeting assembled at the City Hall on the evening or September 11, 1939, with the t'ollowing members present: R. L. Baker, Aoting Mayor-Oommissioner R. A. Dempsey W. W. Peeler ,:,,~, '.~"\ ,,', ..~, ' ", . .,r , r, ~\," ....1. ...,Io.#' 7t ' ." ----- ---------.--- - -_..-~-- E. B. Casler, Jr., Mayor-Oommissioner Herbert Griae The Commit~ee oomposed ot the City Attorney. R. A. De~sey and Leo Butler presented a lease whioh they had drawn between Captain B. A. Lowe and the City of Clearwater, for ~ease of the Yaaht Basin. Moved by Mr. D6.mpsey, seoonded by Mr. Peeler and un~imously carried that the lease be Absent: exeouted. .. Moved by Mr. Peeler, seconded by Mr. Dempsey Rnd unanimous1y carried that an offer of $ 200.00 made by Mr. W. E. Ricks ~or Lot 10 Block 23 of Magnolia Park be rejeoted. A petition requesting that the City inc~ude repairs to the sidewalks on Seminole street from Vine Avenue to Pennsylvania Avenue and on Pennsylvania Avenue t'rom Semino~e Street to Nicholson Street in a WPA Projeot, was presented and was referred to the 01 ty Manager. The City Manager opened bids on maohinery in the . Fish Plant. The B1d of Dave Gordon &. Company guaranteeing the sum of $ ~,500.00 to be paid on or before January 1st, 1940, being the highest and best bid was accepted. Moved by Mr. Peeler, seconded by Mr. Dempsey and unanimously carried that the resignation of Mr. F. C. Picker, a member of the Zoning Board, be aocepted. Moved by Mr. Peeler, seoonded by Mr. Dempsey and unRnimously carried that the transfer of $ 2,500.00 on August 30th, trom the Gas and Water Fund to the General Fund be approvedo Moved by Mr. Dempsey, seoonded by Mr. Peeler and unanimously oarried that the rec~endation of Mr. H. M. Turnburke that the/~isoal year be changed from May first to July first be aooepted. Authority was granted allo~ng the budget to oarry a proportionate overdraft to take care ot the ollerating expense of the C1'ty tor the extra t\\1O months. All gasoline bids were rejeoted. '.:,.'.'\ " , ,~' , '.' :':;~:~ . " .; ,~. '.~~:~ " : ~ , ~ " ~ J' c. , ',:,: ~ , 'I" ,,' .. , .... ..,; :'~::;.;:p\,:, -ill, 'l t' . ~.",J , ~':-""" , . . ',1: . , . ' . . .' ,- '.- Po I '-.: , ",>. , , '. . '. ,;' "C"':"" 'r.~::.."~" .;~~. 1 .!'~/. " """i~~"~'~~~"'~"i~~~~~~ii>;'i~;~i; " , ..""-,,, ,,110"'" '. ........ "';,'.;(r;!";ti~l~ Moved by Mr. Peeler, seoonded by Mr. Dempsey and . ."::!:;. " ': ~ > >~'~,;\( .'/' ';"', :... unanimously oarried that Mr. S. O. Ooaohman be appointed to till the ~aoanoy on the Park Board. Moved by Mr. Dempsey, seoonded by Mr. Peeler and unanimously oarried that the following Resolution be adopted: RESOLUTION BE IT RESOLVED by the Oity Oommissioners ot the City ot Olearwater, 110rida in meeting assembled, that the Mayor- Commissioner be, and he hereby is, authorized to enter into an agreement with the ATLANTIC OOAST LINE RAILROAD COMPANY, and to sign same on behalf' or said Oi ty, whereby the said Railroad Company gives and grants unto the said City the right and privilege to lay and maintain tor the purpose of oity sewers, two lines of cast iron pipe aoross the right or way and underneath the main traok of the Railroad Company in the Oity of Clearwater, Florida, as, follows: (a) A line ot 8 inoh pipe at a point 2215 feet southeast- wardly, measured along the oenter line of said traok, from mile post 135 (from Sanford); (b) A line ot 6 inoh pipe at a point 370 teet southeast- wardly, measured along said oenter line from mile post 136 (from Sanf'ord). As more partiou1arly desoribed in said agreement, dated July 29th, 1939. PASSED .AND ADOPTED by the Oi ty Commission of the City of' Clearwater, Florida, in meeting assembled this 11th day of' Sapte.mber, 1939. -- Mayor-Commissione Attest: , / fit h/ . , ~(,,~r~jY Oi 11 Auditor and Clerk ----- --- ------- There being no furth.er business, the meeting was adjourned. ~/ Mayor 1ss1one ' Atitest: >,",""..., . '" ',; ~ ., ;.: ....c.' :: "':"'''';':, ,:,,,'il; ~~=~~~'~'~N.ft-~~~-~~~-~-_. " ',~:~>. :~~,'~J,~;r>:-~"~: ~ ", :!.,. :., , {':'., ' "/ ;;:'L .," , ',(:.' ,', '",:?,;r:,~i" , "','\',:'" .,,:.",', ",:i ,,; t LEASE ,':;';:-, (." ,,\, , .,<, " (i;\~ tX:,)i:';';/;~h'i{;" . :~\~:. '" ,',', " . ." ,','. :~: ;~'.;;'\':?::;:/:/.< " /',':1".,';", .. , o " , ~(~.. . THIS AG~IENT made and entered into this 11th da~ ot September, 1939 by and between CITY Oll' CLEARWATER, a munioipal oorporatIon existing under the laws o~ the State ot Florida, hereinafter oalled the Lessor! and B. A. LOWl, 1. O. HENDERSON, and tELA HENDERSON, here natter oalled the Lessees, witnesseth: ,-' " " ,.', .' .'- ,..,.." " \ " -,.', " - I That the Lessor, for and in oonsideration of the payments provided to be made by the Lessees, and the oovenants herein oontained by the Lessees to be kept and performed, and upon the terms and oonditions and for the purp,ses herein set ~orth, does hereby lease and let to the Lessees the following desorioed property located in Pine11as County, Florida, to-wit: Begin at Northeast corner or tract of land on Causeway Blvd. leased to Harry P. Talbot under date or August 7th, 1935; run thence East along South line of the street whioh is desoribed as a line parallel to and 15 teet South of the edge of the pavement ot Causeway Blvd. ~O feet for point of beginning; thence South 25 teet; thence West 1~0 teet, thence South 200 teet; thenoe East 350 teet; thence North 200 teet; thence West 190; thenoe North 25 teet; thenoe West 20 feet to point ot beginning. for a period ot ten years from the first day of January, 1940 for the total rental of Three Thousand Dollars ($ 3,000.00) payable at the rate of $ 25.00 per month, the first pa~ent to be made on,the first day of January, 1940, and subsequent payments to be made on the first day of each month thereafter. 4 [ i ~ . .. ,', ., ~ '. ' '. ';'.' " , ,:"',, ..' ',1> 4 ., '.': - !> ' . :;.. " , ..' ,',::C' f!': ":'" '::';..,< [:~: ,', : "" ,..., :' '. ~:'.:.. .. , "'",.,~,: ~~', '" ' ".:,':'/> f':,:: ,,',':0:<,;;;::;,: j :};;::" ' : i:~::'T;:',\'::,<,,: :,' :':"'.:;.\;:" " " 'c' ":':.,;:)i;,,.?,:,! :;, :,;:"'.':'>"i:',~.;,,, .'" " ">, "..' ""',;/: ',,' ;.' "',,; ;':, ,,~,::: [''-;':' " , :,:<:;",:",'>>:, " , ".,>;,:~.:;,..' '. ,;:", ',"'.': " '~': ": ,,0 :,; , , ',. >:','", ,... , ' ': ' " ,,; ;::, ,",'.:'> ' ,! :.,~ " ,,' : ";,,:,: ;'" ""..,;: ,",'" .., :}~')~~:i~r.:: ' , ' ' ;..~:::':: ::: ~jjt.~~;;" , , , . f);'" '!:'/:" ',',,:. , 1\:' ;:";'" , " .. ..",', ' : ."".,,<~ '~-'::;.'''\\j c.' . ~.'f! ,', ~ ;, " 4 .. "':'.,, .,. t~!> ;:~i~f', The terms and oondi tlons of this lease and the mutual oovenants and obligations of the parties hereto shall be as tollows: 1. Lessees agree that they will, at their own e~ense, improve the leased property in accordanoe with certain plans and specifications heretofore prepared by the Lessees and accepted by the Lessor, whioh plans and speoifioations ~e by reference inoorporated herein and made a part ot this agreement. These improvements inolude dredging operat~ons to deepen the water along the shore tront adjacent to the leased property, ereotion of a bulkhea4. filling in of land behind the bulkhead, and the ereotion of a large dook or piar, with a building thereon, and slips to provide docking spaoe for small boats. The Lessees agree to spend not less than Forty-Five Hundred Dollars in making these improvements, and to submit to the Lessor receipted bills or other evidenoe shOwing that said amount ot money has been expended by" them. Lesssees agree to oommenoe said improvements as soon as possible atter the execution of this lease, and to oomplete them as soon as possible. If said improve.ments are not oompleted on or before June 1st, 1940, the Lessor shall thereupon have the right to canoel this lease. ,2. It is understood that the main purpose in the Lessees in leasing the above described property and making improvements thereon is to provide dooking spaoe for small boats; and Lessees agree that they will keep said dooking spaoe available for use by any boat owner, subject to the payment of dook rentals charged by the Lessees, and that they ~ll not disoriudnate against any boat owner in the matter of providing docking space. 3. Lessees agree that during the term of this lease they will keep the docks, buildings, bulkheads, and other improve- ments on the leased property in a proper state of repaid, and will keep said improvements insured against fire for their full insurable value. Upon the expiration or oanoall- ataon of this lease, either by 1apse of time or other~se, all improvements on the leased property shall beoome the property of the Lessor. , ::.; ,-i; " , ~~~;:',J :J~f " _~ '1 : i ""',:. ',</: ",,;, . U\', :.,'.,-"::/' ", ", ',:i; ::: ,c ...~ r:J " ~, ;:! - .~. i" ~ , ,....j .':,' ; , t;. ~ , I ',: I' .' "i>> ~ ':, (' ';;; [, '. j ':i , . J,;. . "",.'~,', ~~ 'r~;: .',' , , ' , , "~'". , ',' i :! .. ,'" ;:,;:,, ". : "tl 1 , 'I ~. f "", i",',':"",.. .. i;;' , :, '~}iC'.: '": " , '" ' < .' "~ " f}r i -"..,": , ..:. . .~1~;::t{\lf~;:: ',,! i~ ;':""f".'- .~ '.", . .....,.., ""L. , 4. Lessor agrees that it will not levy, assess, co1leot, or ~tt~pt to oollect any munioipal ad valorum taxes on the leased property wh1~e this lease remains in foroe. Le.sees agree that they will pay all State and County taxes that may be levied or assessed against the leased property durin! the term of this lease, and that they will not pe1'D1 t; any State or County 'taxes to beoome delinquent. .:: : r.. ~v ;;1' , , '," . '\'<~,. , , . :;~ ~i, ;'; ;,.' ' i.\::',. ~;, " ,,' ',' , :~)' ,~ jtf~~. '. ~ ,:,' j. ." :;::; ",' ... ':<'- ,;. "..., ,.....'..',:, " "',:,:, " ", ',' !:,' ';. ::::.'::',:.':.;.: " .':" ':" " ~/ ,';'.', ';'.' ',,,, ,..", '''.'' :'::" ",'< I,.",;", ,':," ,.', ":i" ,:., .',', ;; ':~,,:' , :~,,;:i'.\, ::~: 'I :;',t:):,"; :':..< k,i ! ' . " ",' ,'::i, ,2::\'~( ;:. ,,' ,;~}, . ,," : ",:;', ':'....,. ,': 'j::' '~,>'''' " ". ,', .:, ;;' ::~, I ,: :{;; " ' ;,' :,. ,', " : ", " ' ",,",,; "ie: ~\ , """';',., ::" ' .' .,...'::' "",;',~ ,., ",...,.. ":';", , .-:",~'A',' :;Y ,',' ,~ ~ " ,- > : .. -",'..",', "',,:, ',:" ',;,.:','" \:;": :" ',:,,;.;;,' :,';.':~L:" :.,,'.:, .j,' ;.:,~i;,,': ',n ,;',.. I.:,' , .. . ". '., . : ~ ': : ' ,,', ".. ':":;::,,;' ",": , <, ...:.;..' , " ,', ,....::;'J?;,;, '.,'".." ,"," :>, "";:::., ,;",\ :"". .,',.. ;,:':: . ./'>:,;, ~ ')" :;'" ,.,:. ;:..,,:::, , , ".,,"0" ,;".; , ~. j. ( '~':~-.: .' \1'..1" .. .,....... ..... ~. ". ' . " ., ',1::'::' "'i:S{>::" ,.".' >::}~:. .J~ ): ; .~~> ;-" ~ .... ~~,~, :~,:yi;"~:;,':..: .. :\ 'I' ,', ...' ..,. .. ,~. ~ ";"::/:.f.i;i~~ i,;4" " .... "'.-:~'OII .' ..' } ~~<~'.~".',~ ....'."..:: ' 'I.. ~ . " *'-1."""'\ , .. ~ , .c '(, '~:'~,V'."~U;':>"" :'~"'/\~':~':), ":;')<;,-;';~.~f;:'t?:~'~}';~~V:'~~~>~jM?;"::;~2:';i;:i':h;'," <': ,,',' , " ' " " , 'n .;:" ~......,-^--". "..""...,-.....,. ..< ~'ltlr'<">' < < ".",;:){:' : n >",\:.t .' , . ,; F ",' . . ., '. ".' .. "':,;""',; I,r ,.: ',':' :". .-:.."'> ....... .:~Jl ,.:"",~,..::;.;;:.:..,~ ".:':" ...... "'''~.'.~"....,.:.. , . 'l~,";'.; :~:~ ;~..< .; .~- .'~...:. .....;i,.:.. ,,::.,.,,'~,,:;:.. ~':;;"'~")~'''';',;.~ ... .......,:;... '. ........,.! . :. ~~ ~...... .~.........~...~~......;.~I..f~~cl'..~..... '.. :~.,....;._.... :.~.~;,:- ''-!II ..-l~ ~ ... \....'"'(~,/ ...~{/,:...;; ,',. 'r"1~'J... '" , , ' 5. It at any time during the ter.m ot this 1ease the Oity Oommission ot the Oity at Olearwater shall determine that the leased property is needed for munioipal purposes, then and thereupon the Lessor shall have the right to oanoel this lease upon giving the Lessees sixty days notioe in writing. De1ivery ot suoh notioe to anyone ot the Lessees shall be sutticient to bind all of them. But in the event that the Lessor shall invoke this olause and oanoel this lease betore the expiration ot its term, then the Lessor shall reimburse the Lessees tor the value of the improve- ments plaoed on the property by the Lessees, said va1ue to be determined by reoeipted bills and other satisfaotory evidenoe submitted by the Lessees showing the actual wmount ot money expended by them in making said improvements. I~ this lease is canoelled by the Lessor on or betore Dec~ber 31st, 1942, then Lessees shall be reimbursed tor the full value of said improvements. It shall be oonsidered that the value ot the improvements will depreciate 10% per year commencing with the tear 19'3; and if this lease is canoelled on or after January 1st, 1943, the amount to be paid the Lessees as reimbursement shall be subjeot to a deduction or disoount ot 10% per year for each rear or portion ot a year that this lease remains in toroe atter January 1st. 19~3. 6. Lessees oovenant that any business or businesses carried on by them on the leased property will be oonducted in such a manner as not to oonstitute a nuisanoe; and if the leased property, or any business or businesses conduoted thereon by the Less,ees or anyone under their authority shall be declared to be a nuisanoe by the Courts ot the state ot Florida, then and in that event the Lessor shall have the right to cancel this lease. 7. In the event that the Lessees d.sire to erect a tilling station or install gasoline pumps on the leased property or any part thereot tor the purpose at selling gasoline or other petroleum products. it is speoifioally agreed and understood that no suoh filling station ~11 be erected or gasoline sold in v101ation o~ any or the provisimns oontained in a certain 1ease entered into between the City of Clearwater and James Talbot on the seventh day of August, 1935. It any gasoline is sold by the Lessees on the leased property, then Lessees shall pay to the Lessor, as additional rental, the sum of one-half cent per gallon for each gallon of gasoline sold. The Lessees shall furnish to the Lessor, on or before the 10th ot each month, a sworn statement of the amount of gasoline, sold during the preoeding month, together with a oheck for the amount ot additional rental. due oOlllI>uted on the said basis of one-half oent per ga110n. 8. It, upon the expiration of the term of this lease, the Lessor is willing to re-lease the property hereinabove described to any private individual or corporation, then the Lessees shall be entitled to preferenoe in obtaining a new lease, provided that they make an offer equal to or better than any other bona fide otter made by any other private individual or oorporation. This provision shall not be oonstrued to require the Lessor to re-lease the property to anyone; and if any question arises as to whether any ofter submitted by the Lessees is equa1 to or better than any other ofter made by any other individual or oorporation, the decision ot the City Commission ot tha City of Cle~ater shall be final. V 9. The Lessees shall not assign this lease nor sub-let ~y part of the leased premises without the written oonsent of the Lessor. But this provision shall not ~revent the Lessees trom renting boat-slips without the consent of the Lessor. 10. Lessees hereby oovenant that it detault shall be made in the payment of the rent as aforesaid, or it the Lessees shall violate any of the covenants ot this lease, and suoh default shall continue ~or thirty days or more, t. then the Lessees shall beoome tenants at suftrance, hereby waiving 811 right of notice, and the Lessor shall be entitled immediately to re-enter and re-take possession ot the leased premises. " WITNESS our h~ds and seals at Clearwate~, Florida, this 11th day ot September, 1939. CITY alP OLEARWATER ATTEST: by: Act1q" Uayor-doJmD.1881oner ,\0.', " . q~',., ,t ,". '. '.j . , . >~ ,: ~, ' j I- I ,I ';J: : ':.'w":::.:" . ~:; }.:'~~~';':'t~~;/': ..(. ,:. i~~~'j;,.~. ;1;, r ;-' ."".~ ,~:(..