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07/19/1943 Olearwater Florida Oity Commission Minutes July 19, 1943 ^.. ',~: .-;"1 , ; ',"'.;"'1"';'" . ).,.'."....,: 81'" ..,..1' ; , , - o "'4..\;.", The City Commission of Olearwater Florida met in regular session the evening of July 19th, 1943 at 8o'olock with the fOllowing members present: Geo. R. Seevy, Mayor-Commissioner. Jesse G.. l~mi th, Conmissioner, Herbert G~ice. . ' Absent: Den Stoutamire and Sumner Lowe. The meeting was called to order by Mayor Seavy end the minutes of the previous meeting were reed and approved. Moved by I~. Grice, seconded by Mr. Smith and carried that the offer of Alfred Marshall for the settlement of taxes on various lots in ~agnolia Park Subdivision , also lots 1 &. 2 Block 7 Gould & Ewings Second j\.dd'i tion be a.pproved. Elsewhere set out in these minutes is the accepted offer. Upon the recommendation of City Manager Hendrix it was moved by Mr. Smith seconded by Mr. Grice and carried that $50,000.00 worth of U. S. Treasury Bonds bearing ~ 2!% interest be purchased by the Bond Interest Fund. The Oommission B~~Iad expressed approval of e proposed lease of Oity Property known as Duwson's FishlnB pier for e period of five years J with a rental of '5.00 per month tho first year and $10.00 per month thereafter-- the ~idth of the property leased to be 50 ft., provided however that the plans of any buildings to be erected on the property be approved by the City Manager. I I' / There being no further business to come before the Board the meeting was adjourned. , i j ./ L, 1:- Meyor- Commissioner City Audi tor &. Clerk. - ,;" ".J 'I ., 'd'i :,'. ':l' ", ,I,' , I .I f . OJ i j' Said Lessee further covenants and agrees to make no unlawful, improper or offensive use of said demised premises, and at all times to keep said premises neat and clean, and not allow upon said premises any act or thing which shall or may at any time become a nuisance. t,. !J" ,,~. l;,,;,)/;;,~';, 'l\;(i~:i!;Y:~ r,' , l' . '",C' ; .t:..(},.. I , t , " J I J ! j 1 I ,l J . , r..~''''... '.: .'. i- ' ~ . 'rS"tt':',:',"P;'" i :,,:J/.':~:"':',' :} :J:';':"<:' :<, ' .", ",.1' 'H'.,.'i .: ' 1 , \ .,. :' MINUTES OF JULY 19, 1943J . ,,~ LEA S E , .t...I-'" STATE OF' FLORIDA ) ) COUNTY OF PlhEl,LAS ) THIS I~DENTURE OF LEASE made and entered into this first day of August, A. D. 1943, by and between the CITY OF CLEARWATEn, FLORIDA, a Municipal Corporation, located in Pinellas County, Florida, hereinafter called the Lessor, and FHAl'lK I,. FAASL, of' Pinellas County, Florida, here- innfter called the Lessee; WI'r}lESSETll, That for and in consideration of' the mutual cove- nants, promises and agreements herein contained, as well as the rent herelnaf'ter reserved, the said Lessor does hereby lease, let and demise unto the said Lessee the following described land, situate in Pinellas County, Florida, to-wlt:- A fif'ty foot strip of land extending from and perpendicular to causeway pavement north to Clearwater Bay the Soutl!east Corner of same being 81! f'eet west of west end of west causeway bridge, with privilege of building and maintain:tng a dock (only) into Clearwater Bay f'rom intersection of this strip of 19nd with Clearwater Bay. TO HA'TE AND TO HOLD the same for a term of five (5) years rrom August 1st, 1943, concluding on the 31st day of July~ 1948, and said Lessee covenants and agrees to pay as rent for said demised premises during the f'irst year of the term of said lease the sum of Five Dollars (~~5.00) :per month, and the sum of Ten Dollars (~~lO.OO) per month f'or the next four years, payable in advance on the first day of' each and every calendar month beginning August 1st, 19L~3. If' at the end of the term of this lease the City of Clearwater 1s willing to continue to rent the property covered by this ~ease, then the Lessee stall ha'Te tLe first opportuni ty to negotiate the renewal of this lease ror a period of five years; and on fixing the rental to be paid during this renewal period, the Lessee shall pay not less than the amount offered by otber bona fide prospective lessees for the same property. If any dispute sball arise as to the rental to be charged during such renewal period, the dispute shall be settled by arbitration. It is further covenanted and agreed that if at any time during the existance of this lease, the said demised premises are needed by the City of Clearwater for municipal purposes, then and in that event the City sl1all have the right to cancel this lease upon thr'ity (30) days notice in writing to the Lessee. In the event that the City exercises its right to cancel the lease under this provision, then the City shall reimburse the Lessee for any permanent improvements he has placed on the property, such reimbursement to be made on the basis of actual cost less depreciation at the rate of twenty per cent (20%) per annum. All improvements that are now on the leased property or that may be placed on the property during the continuation of this lease shall be and be- come the absolute property of the City of Clearwater upon the termina- tion or this lease. The Lessee shall not erect any buildings or struc- tures on the leased pr'operty nnless the plans therefor have first been approved in writing by the City Manager of Clearwater. ,I j j <1 1 i, ,'J:, "i ,', '," r '. :.<':\< , " o ):',.:, ,<" "~, , , :'1 i' ..\ I i i I i . I " I \ . ,.!. " .I ' i 1 ,! '" ! ~?~/ l' ~'.J. ~. '.. ,...,.... ',"\':']': It is further agreed between the parties hereto that in the event said Lessee should fail to make the payments herein provided f'or, or should breach any of the covenants herein contained7 then said Lessee shall forthwith become a tenant at sufferance and the said Lessor shall have the right, privilege and option after thirty (30) days notice in writing to said lessee of the breach of such covenants or agreements, to declare this lease terminated, in which event the said lessor shall be entitled immediately to re-enter and take possession of said prem- ises, including all permanent buildings remaining thereon. All sums of money payable as rent for said demised premises shall be due and payable by the Lessee at the City Hall in the City of Clearwater~ Florida, and said Lessee expressly waives der~nd for the payment of any rent herein provided for from said Lessor. Said Lessee f'urther covenants to make no assignme~t of this 1eaBe~ nor to sublet any portion of said leased premises without the written consent of the Lessor. ._..._~__~<i:>''''.-p,.._- "' ,,' :. ,.., . "', :." . '. ~":':-',, :,:: .\~.. '., '-, "/. , ' ~. ., " . -./ ,', ,. ,..\..,....~;~:>:;.:):....<' ~ tr::t\~,~~"""...~......,~,... /.. .,1. .,~:~t ) . I' ,.\,.' . .' . ,~ "., ~": This lease shall be binding upon the parties hereto, their successors, administrators and assigns.. IN WITNESS WHEREOF, the said Lessor has caused this lea,se to be executed by its City Manager and City Auditor and Clerk, counter- signed by its Mayor-Commissioner, and its corporate seal to be hereunto attached, and the said Lessee has hereunto set his hand and seal, the day and year first above written. ~' ~...~#' CITY OF CLEARWATER, FLORIDA Countersigned: By F. L. Hendrix City manager Oeo. R. Seavy Mayor-Commissioner Frank Cooley City Auditor and Clerk ". ~ Signed, sealed and delivered in the presence of: Ralph Richards Frank L. Haasl (SEAL) Approved as to form and correctness: Ralph Richards Cit"y Attorney ..' < ~, .'.' . : ,,'!. ~ :":. . :. ,,~ ' ~~.....~~,-~;.,. ,!& .......... ` �4 4� ���y � � . � . . . . ... � . . . `.�� . . . � . . � . . � � � . .� _ _ . _ . .,.._ .,.. <..,.. ,.,�,�y� ''� '; Clearv��ater Fl�rida . City Commission iviinutes J'ulY �9, 1943 !� �4� �. The City Commission of Clearwater Flarida m�t ,;.n xegular se�sion the evening oP July 19th, 191�3 at 8�'clack with the f�llowing members present; Geo. R. Seavy, Nayor-C�IInnissioner. Jesse G.,Sm31,h, C�mmissianer, Herb,�rt �k'ice. Absentc` P_en �t�utamire:and Sumner Lowe. The meeting was called to order by IvIayor Seavy and th:.: minutes of the previ�us ' meeting were read and appro�*ed: M�ved by Mr. Grice, seconded by Mr. Smith and carried that the of£er oP Alired Mar�halT for the settlement af taxes an vari�u� lots in �dagnolia Par!� Subdivisi.on , also lots 1& 2 Black 7 Gould & Ewings Secand xddition be approved. �' Elsewhere set out in these minutes is the accepted �ffer. Upon the sewommendation of City �ana;er Hendrix it was moved by Mr. Bmith seconded by Mr. Grice and carried that �50,000.00 warth af U, S. Tr_easury B�nd.s bearin� 8� 2�� interest be purchased by the B�nd InterAst Fund. The Commission a�e�x�s� expressed approval �i a pr�p�s�d lease of City Pro eriy kn�wn as Dawson's Fishin� pier for a periad �Y five years , with a rental of ��.00 per month the first year and �10,00 per month thereafter-- the vtidth pf the �r�perty leased to be 50 ft., praFi.ded however that the plans �f any buildings ta be erected an the proper%y be a�praved by the'Czty Manager, There being no further business to come before the B�ard the meeting was adj�urned. o�-�('J . / 2vIay�r- G�mmissioner ti City Auditor & Clerk. ',(. � . . �. . . . . � . . . , . .. . ��� . � ��� 0 ��, � � � �� Iv1TNUTES: OF : N�'� 19, i943 � ' ' G�P � . . � . . . L E A S E STATE 0�' FLORIDA ) o CO�NTY OF PIT�ELT�AS ) THIS IPIDENTIIRE QF L�ASE made and entered irito this first day of Augu.st, A. D. 19�.3, by and between the CITY' OF` CLEAR',YATEh, FLORIDA, a IViu.�icipal Corporation, located in Pinellas Covnby, Florida, hereinafte� called the Lessor, and FRANK �. F�IASL, of Pinellas County, Flarida, rere- inafter called the �essee;� WITNESSETH, That for and in eonsideration of the mutual cove- nan�s, promises and agreements herein contained, as well as the rent hereinafter reserved, the said Les�or does hereb� lease, 1et and demise v.nto the said Lessee the follovaing described land, situate in Pinellas Co}inty, Florida, to,-v�it;- A fifty foot strip of land extending from and perpendicular tn ca:aseway pavernen� north to Clear�rrater Bayi the Sout�ieast Gorner oi' same being 812 feet west of west � end of r�est causeway bridge, with pr•ivilege of building and maintaining a dock (only) i�to ClParvrater BaJ from intersection of this str:i� of land with Clearwater Bay. TQ HAVE AND TO HOLD the same for a term oi five (5) yE,ars from August lst, i91�3, concluding on the 31st day of :Tulp, 191}8, and said I,essee covenants and a�rees to pay as rent for said clemised premises during the first year of the term of said lease the sum oi Five Dollars (�5.00) per month, and the sum oP Ten Dollars {�10.00) per month for the next four years, payable in advance on the £irst day of each and every calendar montr beginning August lst, �9�:3� If at the end of the term of Lhis lease t�e City of Clearwater is willing to continue to rent the property covereu by this lease, i:hen �he Lessee s2:a11 have �c21e first opportunity to n.e�otiate the renewal of this _lease for a perio� of five years; and on fixin� the rental ta be paid during this renewal period, the Lessee s�all pay not less than the amou.nt offered by other bona fide prospective lessees for the same property. I#` any dispute shall arise as ta the rental to be charged du.r5_n� such reneNal perio3, -the dispute shaZ1 be set�,led by arbitration. It is iurther covenanted and a�reed that if at any time during the ��xistar�.ce of +his lease, t�e said demised prem3.ses are needed by the City of Clearwater for municipal purposes, then and in that event the City shall have the right to cancel this Iease upon thrit4 (j0) days notice in �.�rit�.ng to the �essee. In the event that the City exercises its right to cancel the lease under this tirovis:ion, then the City shall reimburse the Lessee for an� permanent improvements he has placed on the propert�, such reimbursement to be made on the basis of actual cost less depreciation at the rate of -�wenty per cen�t (200) per annum. All improvements that are now on the leased property or that may be placed on the property during the continuation of this lease �hal1 be and be- come the absolute property of the City of Clearwater upon the termina- tion of this lease. The Lessee sha11 not erect any buildings or s-truc- tures on the leased property unless the plans therefor La�e first been approve3 in writing by the City h'fana�er �f Clearwater. Said �essee further covenants and agrees to m5.ke iio unlaw,ful, iinproper oi offensive use of said demised premises, and ai: alZ times to keep said premises neat and clean, and not allow upon said pre�u.ses aily act or tlling which shall or may at any time become a nuisance. It is further agreed betrveen the parties hEreto that in the event said �essee should zail to make the payment3 herein provided f�r, or should breach any of the covenants herein contained, then said Zessee shall forthwith beccme a tenant ati sufferance and the said I,essor shall have the raght, privilege And option after thirty (30) days notice in v�riting to sa.id le9see o= the breach of such covenants or aoreeTcents, to declare i:his lease terminated, in �vhich event the said lessor shall be entitled immediatel� to re>enter and take possession of said prem- ises, including a11 permanent buildings remaining i:lzereon. All sums of moriey pagaY�le as rent for said demised premises shall be due and payable by t�e �essee ai; the �i�y Hall in the City o� Clearwater, Florida, and said Zessee expressly waives demand for tne payment oz any rent herein provided For from said T,essor. Said F,essee i'urther covenants to make no assignment of this lease, nor ta sublet any portion of said leased premises �vithout the tivr:itten consent oi' tiie Lessor. � .. . . �.,... � �� , , This lease shall be bindiii� upon �lze par�ies hereto, their successors, administrators und assi�ns: ZN �'V�TNESS w�'I�EREOF, the said Zessor has caused this lease to be e�ecuted by its City Manager and C3:ty Auditor and Cler�e� counter- signed by its N:agor-Golnmissioner, $nd its corp�rate seal to ba �iereunto attsched, and the said Lessee ras hereunto set his hand and seal, the day and year first abovve �vritten. CITY OF GLEARtM1�ATER, �'F,QRTpA Countersigned; By F. L. Hendrix ,i y 'lanager Geo. �. Seavg Mayor-Commissioz2er Fra.nl� Cooley � City Auditor and l'�1erk Sioned, sealed and delivered in the presence of: Franl� .L. �Iaasl (SEAL) Ra]_ph Richards Approved as to zorm and correetness: . � Ral h Fiiclzards City A ox^ne� 0 �� ' � �. . � ��. � � . . _ . . � . . . � . . �. � .-..... 0 c 0 ' .. . . . . ., . . . . . ��� ` � .