LEASE AND USE AGREEMENTLEASE AND USE AGREEMENT
This Lease and Use Agreement ( "Agreement ") is made and entered into this
day of j=�.br�«r), , 2017, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida, whose address is Post Office
Box 4748, Clearwater, FL 33758 -4748, hereinafter referred to as "Lessor" and
Alexandra of Clearwater Beach, Inc., whose address is 10 Pier 60 Drive, Clearwater, FL
33767, hereinafter referred to as "Lessee" or "Contractor ".
WITNESSETH:
That in consideration of the covenants herein contained, the granting of this
Agreement, and the sums paid and to be paid hereunder, the Lessor hereby leases to
the Lessee and the Lessee hereby leases from the Lessor, according to the terms,
conditions and covenants herein contained, the following described premises located in
the City of Clearwater, Pinellas County, Florida, to wit:
Food and beach accessory concession and restroom complex located at 10
Pier 60 Drive, Clearwater Beach, consisting of concession building and
restrooms and maintenance building as shown on Exhibit "A" attached
hereto ( "Leased Premises" or "Demised Premises" or "Food Concession
Complex ").
THE PARTIES HERETO HEREBY FURTHER COVENANT AND AGREE AS
FOLLOWS:
1. Lease Term. The term of this Agreement is for a term of five (5) years,
beginning on the 1st day of March, 2017 and ending on the 28th day of February, 2022.
As referred to in this Agreement, an "Agreement Year" is that year that commences on
the first day of March of each year and terminates on the twenty- eighth day of February
of each year, except leap year which will terminate on the twenty -ninth day, during the
term of this Agreement. Reference to the City Manager throughout this Agreement
refers to Lessor's City Manager or his designated agent.
The City Manager, in its sole discretion, may extend this Agreement for one (1)
additional five (5) year period, on the same terms and conditions as are set forth herein
without obtaining additional approval by the Clearwater City Council.
2. Use of Premises. The Food Concession Complex is leased to Lessee
solely for the following uses and no other use can be made of the premises during the
term without the written consent of the Lessor:
a. The Lessee shall have the exclusive right to sell the following
merchandise at the Food Concession Complex defined below and as permitted by
applicable City Ordinances and State Law:
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i. Hot dogs, hamburgers, and other like hot food such as French fries,
as may be prepared using the grill and fryer;
ii. Ice cream;
iii. Cold sandwiches, both prepared and pre - packaged, cookies,
popcorn, chips and other such packaged food items;
iv. Any cold or hot non - alcoholic beverage;
v. Sundry items and other personal beach recreational and clothing
items. While not required, the Lessor encourages the Lessee to
offer healthy food items such as fruits, salads and wraps; and
vi. Gifts and seasonal merchandise.
b. The Lessee shall also have exclusive license to rent beach chairs,
lounges, cabanas, umbrellas, floats, side tables, and any other beach equipment
approved by the City Manager, subject to certain standards and restrictions from the
Food Concession Complex and the beach area described in Exhibit "A ". Polygon 1 and
Polygon 2 described on Exhibit "A" shall herein be referred to as "Beach Equipment
Rental Area ".
c. Solicitation; Amusement/Sound Devices. The Lessee 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 jukeboxes will be allowed. No inside or outside
loud speakers will be permitted.
d. Restroom and Park Maintenance. The Lessee is responsible for the
cleanliness and daily maintenance of the public restrooms, at Lessee's expense,
including the provision of all toiletries /supplies for public restrooms at 10 Pier 60 Drive
and Rockaway restrooms at 532 Mandalay Avenue. Lessee shall provide bathroom
attendants at the Food Concession Complex bathrooms during peak times of the year
and maintain a daily maintenance log on when cleanliness and supplies were checked.
The use of equipment or vehicles necessary to maintain said restrooms, will be
permitted in accordance with the City's policies, as may be amended from time to time.
The conditions under which the vehicles are operated must be authorized in writing by
the City Manager. The Lessee shall further be responsible to empty trash containers at
Pier 60 Park once per day each and every day of the week and replace can liners, and
dispose of such trash in an area as designated by the City.
e. Restroom Maintenance Standards. The following standards shall be
adhered to in the maintenance and management of the 10 Pier 60 Drive restrooms.
i. Restrooms will be open and available to the public during all hours the
concession stand is open for business.
ii. Restrooms shall be cleaned to meet health department standards for a
food vendor as required by law. The Lessor reserves the right to inspect the
restrooms to assure the cleanliness standard is in compliance with the health
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department or other legal standards. Failure of Lessee to maintain health
department standards for a food vendor as required by law, including but not
limited to Florida Statute, Chapter 509 as it currently exists or as it may be
amended, shall be considered a breach of the Lease and Use Agreement, unless
immediately corrected by Lessee. In addition, Lessee agrees to forward to
Lessor 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. If the Lessor alleges a failure to maintain health
department standards separate from any health department inspection, the
Lessor shall provide Lessee immediate notice specifying the alleged failure and
permit Lessee to correct any alleged breach. The Lessor recognizes that the
nature of public restrooms provided to the general public can create instances of
improper use of the bathroom by the public without the immediate knowledge of
Lessee, or in between regularly scheduled restroom inspection by the Lessee. A
failure to maintain health department standards is only a material breach if:
(a) Lessee willfully refuses to comply with health department requirements or
standards.
(b) Lessee willfully refuses to correct a health department standards
violation, requested by the Lessor or the health department.
(c) Lessee willfully and repeatedly fails to provide restrooms that meet health
department standards, causing the closure (for any length of time) of the
restrooms to the public.
(d) In the event of any dispute between the Lessee and the Lessor in regard
to standards, the health department standards or other applicable law shall
take precedence.
In the event of a material breach, Lessor, at its option, may exercise any one of
the remedies set forth under paragraph 17(b).
iii. Lessee shall be responsible for all operational costs of the restrooms
including, but not limited to, cleaning supplies, toilet paper, paper towels, and
soap.
iv. Lessee shall be responsible for all utility costs associated with the
restrooms including, but not limited to, electricity, heat, water and sewer, and
refuse collection.
v. Lessee shall be responsible to provide the same service and
maintenance levels as outlined in (iii) through (iv) above for the restrooms at 532
Rockaway.
f. Business Expenses. The Lessee is responsible to provide all equipment
and supplies needed to operate the Food Concession Complex at Lessee's expense.
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g. Operations; Hours. The hours of operation for the Food Concession
Complex, Beach Equipment Rental Area and restrooms at the Leased Premises shall
be no earlier than 6:00 a.m., with a 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 Rental Area and stored out of public view
no later than one hour after sunset or as otherwise agreed to by Lessor. The use of
equipment or vehicles on the beach will be permitted in accordance with the City's
policies, as may be amended from time to time by the City Manager, for distribution and
pickup of beach equipment and restroom maintenance only. No food trucks shall be
permitted on the Beach Equipment Rental Area at any time unless authorized in writing
by the City. The times for distribution and pickup and the conditions under which the
vehicles are operated must be authorized in writing by the City Manager.
3. Product Pricing. The Lessor reserves the right to review and approve
prices to be charged for all sale and rental items. A list of current prices must be
submitted within twenty (20) days of the date of this Agreement.
4. Parking. Lessor agrees to provide Lessee with ten (10) annual vehicle
parking passes for Lessee's employees. Additionally, Lessor agrees that Lessee may
reserve up to seven (7) parking spaces in the adjacent parking lot for parking during
peak season, special events, or special need as agreed by both parties. The method of
marking any reserved parking spaces must be coordinated and approved by the City
Engineering Department. The reserved spaces may be in the closest row of parking
spaces in the parking lot to the south of the Lessee's premises.
5. Rent. The Lessee hereby covenants and agrees to pay rent for the Food
Concession Complex as follows:
a. Base Rent of $50,000 per year is due and payable on March 1st of each
and every year contract is in force.
b. Monthly Rent will be due and payable on the first day of each month, an
amount in accordance with the following schedule:
Years of Agreement
Total Minimum Rental Monthly Payments
1 - 5 $120,000 annually $10,000 per month
c. Plus, as additional rent, Lessee shall pay annually at the end of each
agreement year, the percentage specified on the amount between the figures listed
below:
20% - Gross sales between $750,000 and $1 million
22.5% - Gross sales between $1 million and $1.5 million
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25% - Gross sales exceeding $1.5 million
Lessee shall pay all amounts due as stated above within thirty (30) days of the
end of each agreement year. Lessee further agrees to provide Lessor 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, as well as a signed
copy of the front and back of the Florida Department of Revenue Sales and Use Tax
Return. The statement used by the Lessee 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 Lessee'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 calendar year.
The term "Gross Sales" as used in this paragraph 5(b) means the entire
amount of actual sales prices, 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 except for any beach rental transaction as defined below. 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 Lessee is regarded as the collecting
agent. It expressly does not include any income generated from the beach rentals,
regardless of whether the beach rental transaction occurred at the Food Concession
Complex.
6. As consideration for the license to utilize the Beach Rental Area and for
the exclusive right of beach concessions, as described herein, Lessee shall pay to
Lessor, on a monthly basis, 50% of the monthly gross sales for all beach rentals. This
payment will be due within fifteen (15) days of the preceding month. The final payment
shall be made by Lessee within fifteen (15) days of the end of Agreement term. The
Lessee will provide the Lessor, within fifteen (15) days of the end of each monthly
period during the term of the Agreement, a statement showing the amount of gross
sales during the preceding month, as well as a signed copy of the front and back of the
Florida Department of Revenue Sales and Use Tax Return. The statement used by the
Lessee 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 Lessee's Chief Financial Officer, or his
designee, showing the amount of gross sales at and /or from the Beach Equipment
Rental Area or the Demised Premises during the monthly periods reported by the
statement in the amount of year -to -date gross sales for the calendar year.
The term "Gross Sales" as used in this paragraph 6 means the entire amount of
the actual sales price, whether for cash or otherwise, of all beach chairs, cabanas,
umbrellas, floats and other receipts whatsoever from all beach rental business ( "Beach
Rental Transactions ") conducted in, on or from the Leased Premises and Beach Rental
Area as per this Agreement. No deduction shall be allowed for uncollected or
uncollectible credit accounts. Such term does not include, however, any sums collected
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and paid out for any sales or excise tax imposed by any duly constituted governmental
authority wherein Lessee is regarded as the collecting agent.
7. Annual Gross Sales. The Lessee 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 calendar year. The scope of the audit must include the
Lessee'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 Lessee also agrees to
provide at the same time as the statement regarding annual gross sales, pertinent
depreciation and amortization schedule as filed with the Internal Revenue Service for
the prior year.
8. Amounts Due from Lessee to Lessor. Any amount due from Lessee to
Lessor under this Agreement which is not paid when due and after 10 days notice by
Lessor of nonpayment 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
Lessor'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.
9. Observance of Laws and Ordinances; Encumbrances; Assignment.
a. Lessee agrees to observe, comply with, and execute promptly at its
expense during the Lease Term, all laws, rules, requirements, orders, directives, codes,
ordinances and regulations of governmental authorities and agencies and of insurance
carriers which relate to its use or occupancy of the Leased Premises. The Lessee
hereby covenants and agrees to make no unlawful, improper or offensive use of the
leased premises.
b. Lessee further covenants and agrees not to assign, mortgage, pledge,
hypothecate or sublet this Agreement in whole or in part without the prior written
consent of Lessor. The consent of Lessor to any assignment, mortgaging, pledging,
hypothecating, or subletting shall be at the Lessor's sole discretion, and shall not
constitute a waiver of the necessity for such consent to any subsequent assignment,
mortgage, 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 Lessee, Lessor may collect rent from the assignee, sub - tenant or
occupant, and apply the net amount collected to the rent herein required, but no such
occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of
the assignee, sub - tenant or occupant and tenant, or a release of Lessee from the
further performance by Lessee of covenants on the part of Lessee herein contained. If
at any time during the term of this Agreement, any or all of the corporate shares of
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Lessee shall be transferred by sale, assignment, bequest, inheritance, operation of law
or other disposition so as to result in a change in the present effective voting control of
Lessee by the person, persons or entity which presently is the ultimate owner of a
majority of such corporate shares on the date of this Agreement, Lessee shall promptly
notify Lessor in writing of such transfer and shall provide to Lessor the name, address,
financial statement and business experience resume for the immediate preceding five
(5) years of the proposed assignee. This information shall be in writing and Lessor, at
its sole discretion shall have the option of accepting the proposed assignee and can
charge a reasonable fee to Lessee for processing such request. Lessee can request a
transfer under this provision for no more than once in an agreement year unless
specifically consented to in writing by Lessor. Notwithstanding anything contained
herein to the contrary, Lessee can transfer, with notice to Lessor, the Lease to a related
entity whereby the beneficial ownership is substantially the same.
c. If the new owner is a private or public corporation, Lessor shall promptly
advise Lessee if it has any objections thereto and the reasons therefore. Lessor may
terminate this Agreement any time after such change in control by giving Lessee ninety
(90) days prior written notice of such termination. Lessee shall not permit any business
to be operated in or from the premises by any concessionaire or Licensee.
d. The Lessee hereby covenants and agrees to promptly and continuously
comply with all regulations and order of the Health Department and health officers of the
local, state and national governments; and Lessee hereby covenants and agrees to
keep, operate, and maintain the concession in such a manner as to include any
warnings of major violations or notices to show cause being issued by a regulatory
agency authorized to inspect the premises under Florida Statute 509 as it presently
exists or as it may be amended. In addition, Lessee agrees to forward to Lessor 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.
The Lessee shall submit a copy of the approved renewal of Health Department
certificate within (thirty) 30 days after renewal.
10. Taxes; Licenses; Permits. Lessee agrees that it will promptly pay all ad
valorem real property taxes and personal property taxes that may be assessed against
the Leased Premises during the term of this Agreement (excluding any taxes assessed
for the public restrooms at both 10 Pier 60 Drive and Rockaway restrooms at 532
Mandalay Avenue). Lessee further agrees that it will pay if applicable, any state sales
tax due on the rental payment made by the Lessee to the Lessor and that it will pay all
other taxes, including, but not limited to, occupational license, beverage license, and
permits relating the operation of the business conducted on the leased premises, which
are required by law. It is further agreed by the Lessor that nothing herein shall obligate
Lessee to pay or to reimburse Lessor for the payment of assessments for permanent
improvements, including but not limited to sidewalks, sewers, and streets, that would
normally accrue to the Demised Premises.
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11. Utilities. The Lessee hereby covenants and agrees to pay all bills for
electrical current, gas, water, sewer, heat, refuse collection and other services to the
premises when due including all operating costs for the restroom facilities at the Food
Concession Complex, and the Rockaway restrooms at 532 Mandalay Avenue. Said
utilities shall be directly billed to the Lessee and be individually metered for the
premises. Any deposits for such utilities shall be the sole responsibility of the Lessee.
12. Waste. Lessee will use biodegradable materials whenever feasible.
13. Maintenance; Capital Repairs. Lessee shall keep the inside of said
premises and the interior doors, windows and window frames of said premises in good
order, condition and repair and shall also keep the premises in a clean, sanitary and
safe condition in accordance with law and in accordance with all directions, rules and
regulations of governmental agencies having jurisdiction. The Lessee shall be
responsible for providing all light bulbs used on the premises. The plumbing facilities
shall not be used for any other purposes than that for which they are constructed and no
foreign substances of any kind shall be thrown therein, and the expense of any
breakage, stoppage or damage resulting from the violation of this provision shall be
borne by the Lessee. The heating and air - conditioning system and plumbing facilities
shall be under the control of Lessee, and Lessee agrees that all ordinary operation,
upkeep, and repairs will be at Lessee's expense. Lessor shall be responsible for
extraordinary improvements and replacements including but not limited to roof
replacement, air conditioning replacement and any major capital repairs to the building.
Prior to any potential work that may be considered reimbursable by the other party,
each party must consent in writing, such consent not unreasonably withheld. In the
event Lessor or Lessee pays any monies required to be paid by the other party
hereunder, the paying party shall demand repayment of same from the other, which
payment shall be made within ten (10) days of receipt of said demand. Lessee's failure
to make such repayment within the ten (10) day period shall constitute a default under
the terms of this lease and unpaid amounts shall become additional rent due pursuant
to paragraph 8. Lessee will provide all equipment necessary for the operation of the
Food Concession Complex and Beach Equipment Rental In general Lessee shall, at
their expense, at all times during the term of this agreement, keep the premises and all
improvements and facilities in good order, repair and condition. Notwithstanding this
paragraph 13, nothing in this Lease shall obligate Lessee for any maintenance or capital
repairs to the restrooms at 532 Mandalay Ave.
14. Trash. Lessee will be responsible for picking up and disposing of all trash,
garbage, and other debris, whether or not initiated from the sales of the Food
Concession Complex, within 100 feet of the Leased Premises. Lessee is authorized to
place trash cans in the immediate area of the Leased Premises, said trash cans to be
maintained by the Lessee.
15. Insurance: Indemnification. The Lessee shall, at its own cost and
expense, acquire and maintain (and, if applicable to this Agreement, cause any sub-
lessees, contractors, and /or subcontractors to acquire and maintain) during the term
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with the Lessor, sufficient insurance to adequately protect the respective interest of the
parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or
better. In addition, the Lessor has the right to review the Lessee's deductible or self -
insured retention and to require that it be reduced or eliminated.
a. Specifically the Lessee must carry the following minimum types and
amounts of insurance on an occurrence basis or in the case of coverage that cannot be
obtained on an occurrence basis, then coverage can be obtained on a claims -made
basis with a minimum three (3) year tail following the termination or expiration of this
Agreement:
i. Commercial General Liability Insurance coverage in the minimum
amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
ii. Commercial Automobile Liability Insurance coverage for any owned,
non - owned, hired or borrowed automobile is required in the minimum
amount of $1,000,000 (one million dollars) combined single limit.
iii. Unless waived by the State of Florida, statutory Workers'
Compensation Insurance coverage in accordance with the laws of the
State of Florida, and Employer's Liability Insurance in the minimum
amount of $100,000 (one hundred thousand dollars) each employee each
accident, $100,000 (one hundred thousand dollars) each employee by
disease and $500,000 (five hundred thousand dollars) aggregate by
disease with benefits afforded under the laws of the State of Florida.
Coverage should include Voluntary Compensation, Jones Act, and U.S.
Longshoremen's and Harbor Worker's Act coverage where applicable.
Coverage must be applicable to employees, and volunteers, if any.
iv. If the Lessee is using its own property or the property of Lessor in
connection with the performance of its obligations under this Agreement,
then Property Insurance on an "All Risks" basis with replacement cost
coverage for property and equipment in the care, custody and control of
others is required. Lessee understands that the Lessor shall not insure
or self- insure loss of any kind to Lessee's personal property and Lessee
is solely responsible for such losses regardless of cause.
v. The Lessor will maintain Property Insurance and Flood Insurance (if
applicable) on a replacement cost basis on the building(s) or structure(s).
The Lessor reserves the right to insure the property through self -
insurance or any other insurance method at its discretion during the term
of this Lease. Lessee agrees to reimburse the Lessor for such yearly
cost of Property Insurance and Flood Insurance premiums. The Lessor
shall bill the Lessee by providing invoices in the applicable increments.
The current term of insurance is October 1 to October 1. Lessee also
agrees to reimburse the Lessor for any deductibles or self- insurance co-
pays in the event of a property or flood loss.
vi. The Lessor will maintain Boiler and Machinery Insurance if the
buildings or structures include boiler(s), pressure vessel (s) or air
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conditioning /heating equipment. The Lessor reserves the right to insure
the Boiler and Machinery items through self insurance or any other
insurance method at its discretion during the term of this Lease. Lessee
agrees to reimburse the Lessor for such yearly cost of Boiler and
Machinery Insurance premiums. The Lessor shall bill the Lessee by
providing invoices in the applicable increments. The current term of
insurance is October 1 to October 1. Lessee also agrees to reimburse
the Lessor for any deductibles or self- insurance co -pays in the event of a
loss.
vii. The above insurance limits may be achieved by a combination of primary
and umbrella /excess liability policies.
b. Other Insurance Provisions:
i. Prior to the execution of this Agreement/Contract, and then annually
upon the anniversary date(s) of the insurance policy's renewal date(s)
for as long as this Agreement/Contract remains in effect, the Lessee will
furnish the Lessor with a Certificate of Insurance(s) (using appropriate
ACORD certificate, SIGNED by the Issuer, and with applicable
endorsements) evidencing all of the coverage set forth above and
naming the Lessor as an "Additional Insured" on the Commercial Liability
Insurance policy. In addition when requested in writing from the Lessor,
Lessee will provide the Lessor with certified copies of all applicable
policies. The address where such certificates and certified policies shall
be sent or delivered is as follows:
Lessor of Clearwater
Attn: Parks and Recreation Department
P.O. Box 4748
Clearwater, FL 33758 -4748
ii. Lessee shall provide thirty (30) days written notice of any cancellation,
non - renewal, termination, material change or reduction in coverage.
iii. Lessee's insurance as outlined above shall be primary and non-
contributory coverage for Lessee's negligence.
iv. Lessee agrees that the Lessor reserves the right to appoint legal counsel
for any and all claims that may arise related to this Agreement or
performance under this Agreement.
v. Lessee shall defend, indemnify, save and hold the Lessor, its
employees, officers, or directors harmless from any and all claims,
suits, judgments and liability for death, personal injury, bodily injury, or
property damage, arising directly or indirectly, including legal fees, court
costs, or other legal expenses; except, for such claims of, or damages
resulting from, gross negligence, or willful, wanton or intentional
misconduct of the Lessor or its employees, officers, or directors or for
statutory violation or punitive damages, except and to the extent the
statutory violation or punitive damages are caused by, or result from, the
acts or omissions of the Lessee or any of the Lessee's employees,
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representatives, or agents. Notwithstanding anything contained herein to
the contrary, this indemnification provision shall not be construed as a
waiver of any immunity to which City is entitled or the extent of any
limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore,
this provision is not intended to nor shall be interpreted as limiting or in
any way affecting any defense City may have under § 768.28, Florida
Statutes or as consent to be sued by third parties.
vi. The stipulated limits of coverage above shall not be construed as a
limitation of any potential liability to the Lessor, and failure to
request evidence of this insurance shall not be construed as a
waiver of Lessee's obligation to provide the insurance coverage
specified.
16. Destruction of Premises. If at any time during the term of this Agreement,
the building or premises or any part, system or component hereof (herein 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 to the
condition as good as the same was immediately prior to such damage or destruction at
the Lessor's risk and expense, utilizing Insurance proceeds as required hereunder, and
in accordance with plans and specifications mutually agreed upon by the Parties 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. Lessor shall retain control and oversight of the rebuilding as the
property owner. Any insurance proceeds in excess of the cost of repairs or restoration
shall belong to the Lessor.
During the period of such partial damage or destruction, the monthly guaranteed
rent shall abate until commencement of business, after receipt of all building permits,
whichever is sooner. Lessor shall not unreasonably withhold building permits Lessee
applies for which are necessary to repair such damage or destruction.
The Lessee will be allowed to operate a mobile or portable service during the
time of repair or reconstruction in accordance with the law, and upon approval from the
City Manger at which point Base Rent is due and payable by Lessee.
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 Lessor
may terminate this Agreement as of the date of such damage, or upon thirty (30) days
written notice to the Lessee. Should Lessor choose not to rebuild, Lessor shall still be
entitled to applicable insurance proceeds as compensation for the Leased Premises
asset. However, this Lease and Use Agreement shall remain in effect as to the Beach
Equipment Rental Area.
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Nothing in this section shall apply to losses resulting from damage or destruction
to Lessee's property utilized, including but not limited to concession goods,
merchandise, and equipment, for which Lessee is solely responsible for obtaining
insurance coverage.
17. Default; Remedies. Lessor, at its option, may exercise any of the
remedies provided in Subsection "a" of this paragraph, except as otherwise provided
herein, upon the happening of any one or more of the following events ( "Events of
Default ").
a. Events of Default shall be any of the following actions by Lessee:
i. Lessee's default in the payment of any rental or other sums due for
a period of five (5) days after the due date after notice thereof;
ii. Lessee'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 Lessee from Lessor, provided that if such default reasonably
required more than fifteen (15) days to cure, there shall be no Event of Default if
Lessee has commenced correcting action within the fifteen (15) day period and is
diligently pursuing such action;
iii. There shall be filed by or against Lessee in any event pursuant to
any statute wither 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 Lessee's property, or if the Lessee makes
an assignment by operation of law, or if Lessee makes application to Lessee's
creditors to settle or compound or extend the time for payment of Lessee'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.
iv. Lessee's vacating or abandoning the premises, unless in the event
of casualty or destruction at which point, the provision of Section 19 shall prevail.
v. Lessee's intentional understating gross sales by more than three
(3) percent in sales reports given to Lessor and not otherwise corrected by
annual audited statements provided to the City. 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.
b. Lessor, at its option, may exercise any one or more of the following
remedies which shall be cumulative.
i. Terminate Lessee's right to possession under this Agreement and
reenter and take possession of the Demised 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 Lessee
may deem best under the circumstances for the purpose of reducing Lessee's
12
liability, and Lessor shall not be deemed to have thereby accepted a surrender of
the premises, and Lessee shall remain liable for all rents and additional rents due
under this Agreement and for all damages suffered by Lessor because of
Lessee's breach of any of the covenants of this Agreement. Said damages shall
include, but not be limited to, charges for removal and storage of Lessee's
property, remodeling and repairs, leasing, commissions and legal fees, and loss
of prospective percentage rentals by Lessor. Said prospective percentage rents
shall be calculated on the basis of Lessee'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,
Lessor may accelerate all fixed rentals due under this Agreement, in which event
the Lessee shall be liable for all past due rent, accelerated rent and damages as
described above; however with respect to the accelerated rent, Lessor shall
receive only the present value of such accelerated rent. At any time during
repossession and reletting pursuant to this subsection, Lessor may, by delivering
written notice to Lessee, elect to exercise its option under the following
subsection to accept a surrender of the premises, terminate and cancel this
Agreement, and retake possession and occupancy of the premises on behalf of
Lessor.
ii. Declare this Agreement to be terminated, whereupon the term
hereby granted and all right, title and interest of Lessee in the premises shall end
and Lessor may re -enter upon and take possession of the Demised Premises.
Such termination shall be without prejudice to Lessor's right to collect from
Lessee 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 Lessor because of Lessee's breach of any
covenant under this Agreement.
iii. Exercise any and all rights and privileges that Lessor or may have
under the laws of the State of Florida and /or the United States of America.
c. Additionally, the City may terminate this Lease or a portion hereof in the
event it determines, at a duly constituted City Council meeting, that the Leased
Premises or Beach Equipment Rental Area are required for any other municipal
purposes by giving ninety (90) days written notice of such intended use, following which
this Lease shall terminate in every respect, and both parties shall be relieved of any
further obligations hereunder, except that Lessee shall be responsible for all monies
due and owing hereunder at the time of such determination resulting from the operation
hereof, together with any other monies due in accordance with this Lease.
18. Alterations and Improvements. Lessee shall secure prior written
approval from Lessor 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 Lessee during the term
13
of this Agreement on the demised premises, shall become the property of the Lessor
upon the expiration or 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
Lessee. Lessee shall, at Lessee's expense, remove all of Lessee's personal property
and those improvements made by Lessee which have not become the property of the
Lessor, including trade fixtures and the like. All property remaining on the Premises
after the last day of the term of this lease shall be conclusively deemed abandoned and
may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such
removal.
19. Lessee shall, at his expense, at all times during the terms of this
Agreement, keep the leased premises and all improvements and facilities thereon in
good order, condition, and repair. It is specifically understood by Lessee that the Lessor
has the right to inspect the leased 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, Lessee shall repair any and all
damages to the premises caused by the removal by Lessee of personal property.
20. Upon the termination or expiration of the Agreement for whatever cause,
the Lessee shall have fifteen (15) days to remove, at his own expense, its equipment,
signs, insignia, and other indicia of its tenancy or use.
21. Lessee shall have no power or authority to permit mechanic's or
materialmen's liens to be placed upon the Premises in connection with maintenance,
alterations, or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been
furnished to the Premises on Lessee's behalf. Lessee agrees to indemnify and save
harmless the Lessor by reason of any mechanic's lien which has not been discharged
and which may be asserted as a claim against the leased property, and to furnish
Lessor 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.
22. Eminent Domain. If the whole or any part of the premises hereby leased
shall be taken by any public authority under power of eminent domain, then the term of
this lease shall cease on the part so taken from the date title vests pursuant to such
taking, and the rent and any additional rent shall be paid up to that day, and if such
portion of the Demised Premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the
Lessee shall have the right to either terminate this lease or to continue in possession of
the remainder of the same under the terms herein provided, except that the rent shall be
reduced in proportion to the amount of the premises taken. The parties agree that the
Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or
be entitled to any part of the award for such taking, or any payment in lieu thereof.
14
23. Lessee acknowledges that it, it's applicants for employment, employees,
or volunteers, work or will work with children, the elderly, or the disabled. Therefore, if
not otherwise required to conduct background checks by law, Lessee voluntarily agrees
to register with the Florida Department of Law Enforcement ( "FDLE ") to participate in
the Volunteer & Employee Criminal History System ( "VECHS ") for background checks,
as authorized by the National Child Protection Act ( "NCPA "), as amended, and Florida
Statute 943.0542 (1999), as may be amended from time to time. Lessee agrees to
secure the highest level of background screening available under VECHS, and that this
level of background screening is necessary to effectively screen out those not suitable
for contact with children, the elderly or the disabled. Lessee voluntarily agrees to
require such screenings in accordance with the processes and procedures set forth by
the FDLE and the FBI in order to secure criminal history information on its employees,
volunteers and applicants. The Lessee acknowledges that the VECHS program is not
available to entities currently mandated to obtain background checks by statute or other
law. Lessee shall pay all costs associated with such background checks and will submit
an Affidavit of Criminal Background Screening in substantially the form attached hereto,
and incorporated herein, as Exhibit "B ". Lessee shall secure releases from screened
parties, use said criminal history information only as permitted by law, and shall
unilaterally make the determination of a screened parties' fitness and suitability for
working with children, the elderly or the disabled. Lessor shall not be required to make
such a determination under any circumstance. Lessee shall submit the Affidavit of
Criminal Background Screening to Lessor prior to beginning its operations under this
agreement, and maintain for any personnel changes. If for any reason, including denial
of eligibility by the Florida Department of Law Enforcement, Licensee is unable to
secure background checks in accordance with the VECHS program, Licensee shall
secure the highest level of background screening allowed by law.
24. Lessee agrees to provide CPR training and certification for at least one
employee on site per shift.
25. This Lease and the rights of the Lessee hereunder are hereby made
subject and subordinate to all bona fide mortgages now or hereafter placed upon the
said premises by the Lessor and any other owner provided, however, that such
mortgages will not cover the equipment and furniture or furnishings on the premises
owned by the Lessee. The Lessee further agrees to execute any instrument of
subordination which might be required by mortgagee of the Lessor.
26. Lessor covenants and agrees that upon payment by Lessee of the rents
herein provided, and upon observance and performance by Lessee of all the covenants,
terms and conditions required of the Lessee by the Agreement, Lessee shall peaceably
and quietly hold and enjoy the leased premises for the term of the Agreement without
hindrance or interruption by Lessor.
27. Notices hereunder shall be given only by registered letter and shall, unless
otherwise expressly provided, be deemed given when the letter is deposited in the mail,
postage prepaid, addressed to the party for whom intended at such party's address first
15
herein specified or to such other address as may be substituted therefore by proper
notice hereunder.
To Lessee:
Alexandra of Clearwater Beach, Inc.
P.O. Box 3337
Clearwater, FL 33767
Attn: Steve Chandler
To Lessor:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33756 -4748
Attn: Kevin Dunbar
Director of Parks and Recreation
28. If the Certified Public Account providing the annual audit required in this
Agreement is not an independent Certified Public Accountant, Lessee 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
Lessor, audits the business operated hereunder, and finds that a fair representation of
the gross revenues understates Agreement revenue due the Lessor, the cost of the
independent audit shall be borne by the Lessee; if the independent audit confirms the
fair representation of the Lessee or overstates Agreement revenue due to the Lessor,
the Lessor shall pay for the audit.
29. 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 Food
Concession Complex unless permitted by the City of Clearwater Code of Ordinances,
as they now exist or as they may be amended, and unless authorized and approved by
the City Manager or their designee. However, the Lessee shall provide menu -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. Lessee 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 Lessee and not Lessor. The Lessor 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 Lessee at the entrance to the
Food Concession Complex as well as at one other point must post from which the rental
of beach equipment has heretofore been authorized.
30. All restroom facilities must be kept clean and sanitary at all times and are
subject to inspection by Lessor. 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. Lessee agrees to notify immediately the Lessor's
Police Department at any time the Lessee becomes aware of any activity that is a
violation of a law in the area of the Food Concession Complex or the 532 Rockaway
Bathrooms.
16
31. Lessee's exclusive right, as referenced in Section 6 of this Agreement, to
rent beach equipment from the Beach Equipment Rental Area 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 POS system and shall be maintained
three (3) years for review by Lessor's auditor. The Lessee shall maintain an adequate
set of books and records of its operation of the business of renting beach equipment
and the sale of food, beverages and sundries, and his books and records must be
provided to the City Manager upon request.
33. Public Records. In addition to all other contract requirements as provided
by law, the contractor executing this agreement agrees to comply with public records
law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727 - 562 -4092, Rosemarie .Call @myclearwater.com, 112
S. Osceola Ave., Clearwater, FL 33756.
The contractor's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter
"public agency ") to perform the service being provided by the contractor
hereunder.
b) Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided for in Chapter 119, Florida Statutes, as may be amended from time
to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public
records required by the public agency to perform the service. If the contractor
transfers all public records to the public agency upon completion of the contract,
the contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract,
17
the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
34. Lessee shall not advertise any business not operated at, on, or from the
Demised Premises without the prior written consent of the City Manager or their
designee.
35. Lessee shall keep and provide a copy of their standards of operation to
Lessor within thirty (30) days of the date of this Agreement. Standards of operation
should include process for money collection and accounting thereof; as well as items
such as dress code, equipment repair and replacement, training program for
employees, maintenance training and customer relations.
Since the Lessee and Lessor are in a relationship to serve the needs of the
public and at the same time be as profitable as possible for both parties, the Lessor
reserves the right to not only review standards of operations and internal controls but
also to make suggestions and recommendations for improvement.
36. To keep beach rental equipment in "new or as new condition ". New beach
rental products, if offered, must be approved by the City Manager or his designee prior
to offering to the customers.
37. Each Party shall be responsible for its own attorneys' fees and costs in the
collection of any delinquent rent or additional payments or in the enforcement of any
provision of this Lease.
38. Miscellaneous.
a. This contract shall bind the Lessor and its assigns or successors, and the
Lessee and assigns and successors of the Lessee.
b. It is understood and agreed between the parties hereto that time is of the
essence of this contract and this applies to all terms and conditions contained herein.
c. It is understood and agreed between the parties hereto that written notice sent
by certified or registered mail, or hand delivered to the premises leased hereunder, shall
constitute sufficient notice to the Lessee, and written notice sent by certified or
registered mail or hand delivered to the office of the Lessor shall constitute sufficient
notice to the Lessor, to comply with the terms of this contract.
d. The rights of the Lessor under the foregoing shall be cumulative, and failure on
the part of the Lessor to exercise promptly any rights given hereunder shall not operate
to forfeit any of the said rights.
18
e. It is hereby understood and agreed that Lessee shall use no signs in
connection with the premises hereunder, except existing signs and signs inside the
building, which signs shall be subject to the prior approval of the Lessor.
f. It is understood that no representations or promises shall be binding on the
parties hereto except those representations and promises contained herein or in some
future writing signed by the party making such representations or promises.
g. The invalidity or unenforceability of any portion of this lease shall in nowise
affect the remaining provisions and portions hereof.
h. The Lessee herewith covenants and agrees that no hazardous materials,
hazardous waste, or other hazardous substances will be used, handled, stored or
otherwise placed upon the property or, in the alternative, that such materials, wastes or
substances may be located on the property, only upon the prior written consent of the
Lessor hereunder, and only in strict accord and compliance with any and all applicable
state and federal laws and ordinances. In the event such materials are utilized,
handled, stored or otherwise placed upon the property, Lessee expressly herewith
agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor
or damages as may be assessed against Lessor in connection with or otherwise relating
to said hazardous materials, wastes or substances at anytime, without regard to the
term of this lease. This provision shall specifically survive the termination hereof.
i. The laws of the State of Florida shall govern this Lease, and any action brought
by either party shall lie in Pinellas County, Florida.
j. Lessee agrees that the premises shall be utilized as a public activity area,
which shall include a Safe Zone for lost children, transit stop, information dissemination
point, distribution point for City business and other City and civic sponsored promotions
and entertainment activities. The Lessor can restrict any activity, including but not
limited to entertainment, promotions, items for sale or rent by Lessee on the premises
that are not acceptable as determined by the City Manager at his sole discretion.
Failure of the Lessee to make any changes required by the City Manager will result in
default and Lessor shall be entitled to all the remedies provided for in this agreement.
k. It is understood that the Lessor has an agreement with a non - profit group
entitled "Sunsets at Pier 60" to promote tourism, entertainment and events on Pier 60
and in Pier 60 Park. This organization has the right to operate and use portions of Pier
60 for retail vendors and service providers, as well as the park pavilion and open grass
areas for events and activities. This agreement will not be in conflict with or items sold
by the Lessee.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this
day of , 2017.
19
Countersigned:
Cleat t/\CrQ.IC-of
George N. Cretekos
Mayor
Approved as to form:
Matt ew M. ith
Assistant C ( ttorney
ESS
r9CLefi(cL
ignat
'elc(. in V Y ) aCKO
Print Name
Signature
Print Name
20
CITY OF CLEARWATER
By:
Attest:
William B. Horne, II
City Manager
�eLi6e
Rosemarie CaII
City Clerk
Alexandra of Clearwater Beach, Inc.
By:
ame: J,zvt
• 11
Dik r1/1
EXHIBIT "A"
27 °58'39.252 "N Lat.
82 °49'47.586 "W Long.
27 °58'39.256 "N Lat.
82 °49'47.133 "W Long.
a
Hilton
Surfside
core)
centerline
27 °58'37.665 "N Lat.
82 °49'47.835 "W Long.
27 °58'37.609 "N Lat.
82 °49'47.399 "W Long.
Maintenance
Garage
27 °58'37.168 "N Lat.
82 °49'47.916 "W Long.
27 °58'37.111 "N Lat.
82 °49'47.476 "W Long.
Concession
Stand
27 °58'28.94 "N Lat.
82 °49'49.243 "W Long.
0
a 57 ;- -
1 1 35
27 °58'28.896 "N Lat. '
82 °49'48.801 "W Long. E% Y�1
6
as
CLEARWAT L1�
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562 -4750, Fax: (727)526 -4755
www.MyClearwater.com
EXHIBIT "A"
Map Gen By: CRM
Reviewed By: TM
Date: 12/2812016
Grid #: 276A
S-T -R: 08- 29s -15e
S
Scale: N.T.S.
Document Path: V: \GIS \_StafChns( Projects\ City'New_Lease_area_C(waeach.mxd
LEGAL DESCRIPTION
Polygons described as polygon 1 and polygon 2; including the Maintenance Garage and
Concession Stand within PIER 60 PARK; leased property is generally located
eastward of the mean high water line of the GULF OF MEXICO, westward of
CORONADO DR. right -of -way, with a northern boundary line being the extension of the center
line of the platted right -of -way of MARIANNE ST., dividing the City of Clearwater Beach and
the Hilton Surfside Hotel, said line being located approximately 30 feet south of the Hilton
Surfside Hotel southerly property line, and having a southern boundary line being the extension
of the southern parcel line of Lot 4, The LLOYD - WHITE - SKINNER SUBDIVISION, in Section
8, Township 29 South, Range 15 East, as recorded in Plat Book 13, page 12, of the Public
Records of Pinellas County, Florida; polygon 1 is further described as having a NW corner
located at latitude 27 °58'39.252 "N longitude 82 °49'47.586 "W, then to a NE corner located at
latitude 27 °58'39.256 "N longitude 82 °49'47.133 "W, then to a SE corner located at latitude
27 °58'37.609 "N longitude 82 °49'47.399 "W, then to a SW corner located at latitude
27 °58'37.665 "N longitude 82 °49'47.835 "W; being an area approximately 40 feet wide by 165
feet long; polygon 2 is further described as having a NW corner located at latitude
27 °58'37.168 "N longitude 82 °49'47.916 "W, then to a NE corner located at latitude
27°58'37.111"N longitude 82 °49'47.476 "W, then to a SE corner located at latitude
27 °58'28.896 "N longitude 82°49'48.801"W, then to a SW corner located at latitude
27 °58'28.94 "N longitude 82 °49'49.243 "W; being an area approximately 40 feet wide by 840 feet
long; both polygon 1 & 2 having a 10 foot buffer off of PIER 60 to the north and south
respectfully; together with the Maintenance Garage and Concession Stand within PIER 60
PARK.
EXHIBIT "B"
AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING
LESSEE NAME: /6X dry
DATE: 1M//7
C / 4 1 ' `1/ Sn
By signing this form, I am swearing or affirming that all individuals employed by
A /X„A -.rte ,F (74, .)• * t $c -', (Lessee) or providing services to
City under the Lease Agreement on behalf of Lessee on City property have been
background screened in accordance with the background screening requirements set
forth in Lease Agreement and been deemed eligible by Lessee to provide services as
described in Lease Agreement. The information contained in this Affidavit is up to date
as of the date this Affidavit is furnished to City Parks and Recreation Department per
the requirements of Section 23 of the Lease Agreement.
All individuals providing services under the Lease Agreement on City property are listed
below. Each individual shall be identified by name, birth date and date deemed eligible.
(List of Individuals)
Signature of Affiant
Sworn to and subscribed before me this 073 day of
SHARON VAN HORN
=� 'et, Notary Public - State of Florida
I Commission # FF 227753
�� " My Comm. Expires May 23, 2019 Notary Public
Bonded through National Nat 1485x. My Commission Expires:
My signature, as Notary Public, verifies the Affiant's identification has been validated by
4d, tc /vfred (/
21