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04/06/19360 Y w 0 � MINIITES OF TfIE GITY COIrIIvIISSION ��� April 6, 1936. ` The Cit� Commiss�.on of the �ity of Clearvrater, Florida, �.a met on the above date, in regular meeting assembled, �with the � following members preaent: R�.y E. Green, Magor-Commissioner, R. L. Baker, J. A.Barry, D. 0. Batchelor, L. :�. Marsh Pdr. Taver Bayly addressed the Comm3.ssion, presenting the folls�vr3.p.g resolution passed bg the Library Board: "RESOLVED:- That �ve, the mombers of �he Clearvra�er Library Board, appeal to the Citg Cor.im3.ssion in our desperately �ro�,aea candition - because oi the great irierease of'readers, that you erect a temporar�, weatherproof e�tension at the raar of the library building, as a librarian�s ofiice, v�ork roo� and storage room." P,floved by Mr. Barry, seconded by Mr, Batenelor, and carried, that this project be recan�ended to trie Plan??ing.Board. Mr. Marsh introduced an Ordinanae to regti;late dairies, the production, distribution and sale oi milk in �he city of Clearwater for its first reading, and moved,its adoption. Seconded by IvIr. Barry. IIpon �2�11 call, the folloyvi:�.o vote was polleds Ayes; Ureen, Baker, Barry, Batchelor, Marsh. � Nags; Nona. ' Mr, Chas. V�lare addressed the Commission with a p•roposition. fnr the settlement of city ta.xes and assessmants against lo� S, Washburn Subdivision. The matter was referred to'tha Equalization Boarct. P�Ioved bg Mr. Marsh, seconded by LIr. Baker, a�d carried, that the City Cotr¢nission authorize the proper city ofiicials to sign a deed to tha follawing das�ribed property, being .45 ft unused of a city street, releasing i.t to the abutting property owner: "Be� at SE1y cor of a certain tract of land locate2� in the SVi� cor of lot 8, Bi�yvellts Oakwood �ubdivision as recarded in Sook 1 Page 46, Public Records of Pinellas County, Florida, and deoded to the Gity,of Clear�tatsr for streat purposes 'oy Lucille 4V. D�ew, the said SEly corner being further described as lying .45 tti .^a>c o�' the East edgo of the concrete sidewalk, run t�ance �in a NEly direction parallel �o &.45 ft from the said sidewalk to a gc�int 26 ft northerly of the Southvrest corner of lot 8, & on the West pro�erty Tine oi said 1ot, thence in a strai:�ht line � 25.3 ft to POB. Ivioved by A4r. B�tchelor, seconded by Trlr . IrIarsh, that the city Ue authorized to spend �850.00 on a sanitary sewer on Clearwater Be�zch, provided the property ownare pay their proportionate share. , Moved b�y NIr. Marsh, seconded bg n4r. Baker, and carried, that � the k�ire Chief be authorized i�9 exercise his ovm judgement in the uiatter of ans�Rrering fire calls from outside the city limits. Moved by hir. Ivlarsh, seconded by Mr. Batchelor, and carris3, ; that the City At�orney �e inatructed to foreclose the Allport mc�rtgage . Movad by Mr, BA'rGI181.02'� ssconded bsr Mr.Barry & Carried that � the fish plant lease be approved as follows; (Mr. Marsh voted no). � �. _ _ _ , .. :� � � � ' L . � i � t ; 4 ;�i; y E A S E STATE OF FLORIDA , COUN�2'Y OF PINELLAS ) TfLLS IND�fitTURE OF L�ASE, made and entered �.nto thia the 15th day of April, A.D. 1.936, by and between the CITY OF` CLEAR4VATER, a nnznicipal corporation, lacate�: 3n Pinellas Caunty, Flor�.da, hereinaf�er called the "Lessar"� and SEA PRODUCTS, INCORPORATID, e�'lor•ida corpora- tion, wit� its princ3pal plaoe oP `basinea� at Sarasota, F].orida, here�.n- after balled the "Lessee", WITNF�SETIi: That for and in cc�ns3.deration of the mutual covenarits, prom3.ses and agreemen.ts herein cont�.ined, as well as the rent herein�.fter regerved� the �easor does herebg let, Iease and demise unto the said T,essee t�at certain plan.t or building common7;g kno�rm and re�errad to as tY�.e `�Fish Processina P7.antt', 3ncluding a.11 tnachinery, �ixtures and equipment installed therein, an.d any and a1Z personal propex�ty sit,izated on the i'allo�.ng described prem3.ses on Cleai�ate�� Beach Island, in the City of Clearwatar, Pinell.as County, Fl.or�.da, to-witt Begi.n at the NE corner o� the C�.�y Park on the V�l. sid� of hiandalay Blvd, and run e�.st- erly on the N, 7.ine �f City property ex��ndad, 865 feet to PQB� thence south�rl.g a� S� deg., 187 ft. to a point; th.ence esaterly, para11e1 to tk�e N. lins of City property firat above described to the chennel in Clearvdater Harbor oast of Ma.�dalag; thence northerly along said ehannel to the N. line of City property �.xtended� thence wes�erly �long said lino oi City propertg to POB, including e$clusive righta to a certain�pier nc�w loeated on the EaBt s3de o� the property� TO HAVE: AND TO HOLD the same far a period of six (6� gears begtnning Mag 15t3�., 1936, and cantinuing to and conclud3ng upon. the 15�h dag og �ay 1942; said Lessor covenants and agrees to accegt during the Pirs� eighteen tuonths of sa•ld ls�se eertain improved ments and additions to the pY'eII1:L.9A5 II781a0 bg the Lesase in an amaun.t not less than �504.00a v�hich improvemen.ts and additions shall be t�ade s+a.b- ject to the approval of the Ci�y Manager of tha City o� Clesrwater, and the coat thereof shall be verified b� h3m, an� said improsements and additions shall be eccepted by the said Leasor in f'�.11 pa�yment of rent oP the premisea for t�e first ei�iteen anonths theraof. And the said Lesae� Qovenants and agreea to pa� as rent for the �aid prem3.�ee for �he next ensuing eighteen months, cotnmenc3.ng November 15th, 1937, arLd concluding upon the Z5th day oi May, Z939, the sum oi F1fty Dollars (�50.00) per month, said rent to be paid on the f3.f�Eeenth (15th) dag of :�a: each and every calend.ar month during the ��.id eigh.toen month period; and 9aid Leasee covenante an3 agrees to pay as rent Por aaid premisea for the next three years gotmneneing May l5th, 1939� �nd concluding upoa the 15th day of Ma�, 1942, the sum of One Iix.indred Dollars (�100.00j per month during said per3.od of time, said rent to be paid on the fiftaenth (15thj day of each and every oa.lendar month dvring said period of time. It is further covenan.ted and a�eed tha.t all; aums oi' money due and payable as rsnt fo� �aid demisecl premiges ese to be pa��.ble at the City �a"1Z o� the s�id Lessor corporation, S,aid Lessor covenents and ag�ees that a;� the ex� pira:tion of this lease it v�i7.1 give and gr�nt nn.to the s�:id Le�see for the spe.ce oi thirty (30) days ari option: to renev� this lease for a tert� no� to e�sceed Paur (4) yeara irom th� 15th day o% May, Z942, upon such rato of rental as the parties hereto may egrea upon. In th9 even� that the parties hereto cannot amicabl� agree upon tha amount oi rent�-to be charged by the said Lessor fax the rena�al o� said lease, as above provided for, then amaunt of rent sha11. be determinea in the fal].ov�ing mannere Said Lessor shall select one person as an arbitrator, aaid: Lessae shall sel.ect another arbitrator� and the tvro arbi�rator9 so selected shalZ choose a third arbitratort and the three arbi.trator� shall than decicle by majori�g vote the amauzit oF s�ental to pravail thraughou,'; such rene�vea ].ea3e, and the deciaion so reache@ shall be binding and final and absolute �u.pon the parties hereto. Saicl Lessee aovenants atid agrees to make no unSaw#'ul or improper use of the said premises, and wi17. not maintain, operata or conduct on the said preuiisea any business of any kind and nature other than the business of manu#�acturing, process3ng and stor3ug of' �11 forms of fish and. food a�@ their by-products� provided,, howe�er, that no�thing herein contained ahaZl permit the sua-drging io� �ish and the cur3ng of hides in and about the premises. Said Lessee aovanant� and agreea to keep sa3d p�emises in a clean and: healthiitl coru3ition at its own expense. ?Ind the said Lessee i�zrther covenants and agrees that it �r1.7:1 not operate the said premises 1.n such a manner es �o be a nuisanoe to the oecsupants of ad�oining hrnzses or to the nei�hborhood in whieh the plant is looated, and will use raasonable d�ligence and care in allo�iag no �� offensiue or obnoxiaus odors to arise from the said fish processing pl.ant and to kaop a11 odor� arising f�om the plant reduced to a minimum. Said Lessor covenants and agrees during the axistence' of this lease not to l.evy or asssas any munioipal taxes or asseasments against the Lessee ar its business. The I,eagee covenants and agrees to pay a11 State,and Caun.tg t�xes levied and assessed againa� �he said prapesty -; t-- s � ��� subsequont to't12� year 1535, It 3.� flirther understood and sgreed that the improvetuenta on said premise� wcrs erea�ed by the Fed�ral GQvarnmen�, and a.s sueh are not subjeot ta State and Coun�Ey taxea� and tha� the said Leasor wi11 assist the Lessee in obtaining from the Caunty of Pinellae a taas frse asseasment on the said improvementsf provided the Lessor is requested i.n. wri�ing by the Lesses so to do. Sa3d Lesses cavenants and agrees during the exiatenc� o� this lea.se to insure and. keep 3nsured a certa3n steam boil�r now located on the premisea, wit�i the usual provision� £or protee�3nF� property s.nd life Fram damage aeusad by the ex�al�.�..�cn of aaid 'aoiler. Said Lesaee aovenants and agreea dvrin� tho existence of th3.s leaae that it cvi11 insurs a�nd kee� insured in tYle name of the Leasor the sa3d maclii.nery' equipment and psrsonal. p��opertg s3�Luated on the sbove described demised premis��es �rom loss or damags b� �'ire in at least the aum of �3000.00; and $aid Lessee ilzrther covenAn't� and agreas tha-� it wi17. likawise keep insured in the name of the Leaso.r the bizilding aituated on said demised premises from loas or damage by fire in at least the sum of �5,QC0.00; all said insurana� to be in 3n- surance aompaniad approved by ths L�ssar, Said Less6e covenants'and agres� that 1ic wiZl pay aIl of the premiums necessary for this p�:rpose within ten days aPter the Fsame become due, and vrill promptl+� ae�iver �o the Lesaor the pollc�as o� insuranae and the reae3ptg for the prem3v.ms thereon; provided, however, that if said Lessr�e shall at any tim.e �ai7. to i�asure or to keep insarad said building and equ�.pmen�, as aforeaaid, t3�e Lessor mag do all th3.ngs necessary to effesst or maintein suah innuranee, and all sums oP money expended by said Lessar for that purpose shall be repayable by the Lessee on demand and mag be recovered as rant in arrearA. It is i'u.r}her cavenanted and agreed that in the e�ent sa;�8 buildin�, or any equ�.pmen.t or mach'Lnery 9i.tuated therein, is damaged by f3.r� during the e�ciatsnce of this l�ase, tihe Lessor shs.l.l apply the proceeds received irom any loss under said inaurance policy in replacing or repairin.g the machinery, building or Pixtures so damaged, �rovided the repairs �o made will permit tha continuanee of the operation of the said plant, Zn the event tha� tha xepa�.rs neceasary for the replacenlent of �he building sha7.l exceed tl�.e sums reaeived frnm said insurance, the Leasee ahall hav� tha right to make auch ad.d3.ti.ona.3. repairg ar replacements and contiaue the eaid iease, but shou7.d the Lessee elact not �a malce the ga3d impnave- menta, then the Le�sor sha11 have the M�h� to canoel the said lease, Said I,ess�e covenants and agrees that a�.l property of an.y kind that may be on said demised premittes durin.g the exi�tence o�' �his lease shall be at tha soZe riak o�' the Leas9e, ancl that the Lessor a]iaZl not be liabl� to the Leasee or any other pHreon for injury, loas or damage t$ proper�y or to any parson on th��+ pretnisee. � �' 6 ` {�4e Said Lep9ee cavenants anrl agrees to keep R13. and ain.gu,1&r said bui3.din�s, maah3.�terg and equ.ipment in auch repair as th.e eame are at the commencement of t2Li.s 1,ease, or wh.ich mag be put in. dur3.n.g the existen.�e thereof, reasonable wear anfl tear ancl damag� by fire ar other unavoi2�.ble casualtias only excepted. Said Le�sea covenant� and agrees to pixt in operationg . s�.id Pish processing nlant on or before thirty (30) da�s frotn the dats hereof. Said Lesa�se fizrtb.er covena.rxts and agrees during the ex3stence of tk�is leas� to operate and mai.nta;in said�^plant for a period of time no�t less than six {6) manths during ang ca�.endar year, aad the i;erm "mont�i'� as herein used ia hereby dsf•sned as a period of time oi not less than �ifteen (15) days. Said T,essee copenants and agreas t}�at so far as praoticable so to do it will employ at sr�id glant res3d�nts of the C�ty of Clearwatert Florida, who are in need of �rork. Sa3d Lessea cavenants and agrePs to make no ass3�mant of said lease or to sublet ang portion of said damised Frem3ses without the prior written conaent of �he Lessor to other �han its subs3.diariea directly controlled by or under the management o� bhe Zesses, It is iltrt}�er agre�ed betv�een the parties hereto th�.t in the event sa3d Lessee shall Pai�. to make _aa.yv�.en�s herein provid.ed far, then �hall the said Leasee forthwith become a tenarit at sni'fsrence, and Pu.r�her shall said Lessee breach any of the apvenants herein conta�.necl, rental payments exeepted, said Lessee shall bscomo a tenan.t at su�'ferance after being so adjuc3ged by a due avurt of law; �he said I,�ssor in eithar or Uoth events sha7.l Lave the right, pr3vilege and optinn, after t�venty- five (25) days notice in vrrtting to the said Lesaea of the breach of such coven.ant or agreement to declare this lea�e terminated, and the asi3. Lessor shall be en�itled itmnediately thereafter to reanter and take poasession of said premiaes, �ncluding sll buildings and improvements thereon. The said Lessee expressZg waives demand for the pa.yment of �ny rent herein provided for under the terms oi this lease, Said Lasaor covenants and a�rees tha� sa3d Lesaes shall ha�e the right and priviZege to alter or eshang� said p_�emises, or its contents, provided thr�t no damage is occasioned thereby which wrnzld impair tb.s value oi the same; and provided further that any m�3ar change or alteration is approved by the City Manager o� the Lessor corporation. It is flxrther covenantod and agreed betv�een the parties that the Lessee shall have the right to pl�ce on the said premises eertain ma.chinery and�or :fixtures not attached to the said premises 3n any perma- nen� manner, which may 'be used in the eoeration of �he said pro�erty; lrat suoh equipment and macl�3.nery so t�a.rnished �ay the Lessee shall not become ! � � ■ ,■ � a _ ' � ��,�� l t b the proper�y of the said Leasor, and the prov3a3one set .forth in para- graph three on p�.ge one (beginn3ng with the wor�da "To HAve and To Hold" and ending veith the �vords "of said Lc�seor corpox�ation" on pAge twoj pf thi.s leaae shall not extsnd to suoh improvemen�s. . Said Legses covenants snd agreea that it will not r�move any msahinergj improvements or fix�tures situi�ted in. the buildin� loasted on ssid demised premisasi unlesa the consen� of the Citg Managsr of' the Lessor aorporation is first obtain.ed; and izi �he event sny� maehinerg ' ar fixtsa,res are removed from said deuaised premisas the Lessee oovenants and agrees that it will sub�titute therefor machinary and f�tur�s of equa?� value. Tt is �,i.rther unders�ood and sgresd that the Legaor aequired title to the macY�i.nery and equipment located and situated in the building Iocated on said demi.sed premises from the Fedaral Emergency Relief Admin.istration oP ths United States o� America� and the Lessar only leases such right, title or in�'erest it may Y3.ave or be entitled to under a.nd bg virtue of said deed ar bill of sal�. Iti is undarstood and ��eed between the reapPctive parties that the Leasee shall give �a bond in the peaal sum qf �2,OOG,O� �vith two personaZ suretles, or a, su,rety compan.g a�a.thorized �;o d� busineas in the St�te of F1.orida, sa".cl'bond to be approved by �he Lessor and to ba qonditioned upon tha maintenance by the Lessee at all times dv.ring iha term of thi3 lease of the buil.dinga mmahinery, fixtures and equipment situated on the demised premises in a proper state of re- gair and the dslivery of the same ai� the, end of the said term in as good aondition as at the beginning of the leases 8BC@p't for ordinargr and rsasonable wear and tear� or any other casus�ty be�ond tk�.e control of tl�.e Lessee. An 'in.ventory of alT propert�, equipment, fixtures and machiner5 eitu.ated in tlse bu3.lding located an said demi.sod premises is hers�o att�.ched, marked '�Exhibit A", an,d by refarence made a pArt of this lease. This lease sha.11 be '�inding upon the parties heretd� their suecessora, execu�tors, adrni.nis�rators, and asa.igns. Said Leasor oovenants and �grses tc f'usniah water to the said Lossee for its use in said bu�iness, and said Lessor covenants and agrees to cherge for said wate�r one half the novi prev$iling indu�trle7. rate, Said Lesaor itii.rthsr covenants ar�d agrees to a11.ow the sa,id Lessee at a7.1 t:i�es the ri�ht and privilege �o �Graverae ancl uae any atxeet, avenue, bridge, �au�eway or bvulevard o�rnod by or undor the � � superviaion or jurisdiction of the Lesaor, IN WTTNESS iNHEREO F� the parties hereto ha•ve oaused th3.s indenture �Go be exocuted in their reapective names, 'b� a.nd through their proper ofPicisls➢ du7.y authorized so to da, the day and year first abovo tivritten. C (7(TNTERS IGN£D f R. E. Green ayor- om �sioner ATTEST• (Si�ned) Edward J. T, Mer ecre ars Si�_��d, 8oaled & De13.vered fn Presence of: Approved as tn farm and �orroctness: (Si ned) John G, Po3hiZl C tY arsey � CITY OF CI�ARYJATEfi BY (Si�ned) A.C.Nicno7.s " G�-�y� anager B'Y (Signed) J.E.Satterfield Ci�'�d3.or ler� SEA �RODITGTS, INCORPORAT�D BY (Si,�ned) Herbert D. Rgcroft ras en (Signed) Ed�vard J. T. Merrp,V.P. � � Mr. Marah i�troduced the follow�.ng Resolution: "BE IT P.E50LVED by the City Comm3ssion aesemUl.ed that� The fol�.owing persons shall bo emplayed bv the City to perform the nc�aessary work required in ao�juotion with the engineering anci i�rspeet�Qn of the FiNA Gas and Water Projeat, Doaket No, F�.a. 12�2� 1-2-Rz Leo M. Butler S. S. Bau.ia J. P. L�.tt'! s � Joe Rvssell, Jr. Ho ,J'. Harris Carolyn.Clendinen Passed and. adopted by the City Cotnmi$sion of tl�.e City oi �l.earwater, FloriLla this the $th day of April, A.D,.i936. (Si�.ed) R. E. areen ATTEST: i ayor- omra as onor (Signed) J. E. �atterfielct y ud or C ar. Moved by I�Ir. Niarsh., seconded bp l4ir. B�.er that tlte Resolu�ion b� adopted �.nd upon roZl call> the foll.ow3ng vote was pol�ed: Ayes: Mayor-Commissioner Green Mr. Baker Mr. Batch9? or &Ir� Barry �Ir. Marsh Nays : Noz�e. Whereupan the Mayor declared the Res�l�ztion duly aaoptea �a Signed the samAe 0 0 4�4 V . .....�.,_: .... _ . . ._.., . �:_.._. .. �.... . . �. . . . .. - . .. , _ . . . ... . .. .,.. . . . .._...__ . . ..... � � . . . . . .._.. ..._... ._...: ..-..._. ,.__.^�t _.,. �. ��... _....._ „ ._..,..._._ ... . _„�. _ _ . _...._.. _ . .: . _ . _ _.__-, . . .. . a�\.�. . . . ' . Mr. Marsh introduced. the �olTowing resolution: ,A RESOLUTTON kPPHOUTNG AND FIXIIJG gT�ORNEY+S FEES II�I COI�TNECTIOIJ . VJITH PWA L0.9I�T # 1u02-1R. WfiEREAS, John C. Polh.ill, Ciiy�r Attorney, has been ch.ily employed srid is a� this time engaged in handla.n� the legal work in connection with PWA Loaa1 �� 1202-1R, in the sum o� �97,000.00, whieh is being obtained by ths City o�' Clearvrater, and, i'VHFREAS, the compensatlon to be paid to the said John G. Po1hi11, City 9�tftorney, �or his services, ha5 not been �ixed or agreed upon, and WIiEREAS, tlze C!ity ha.s no funds on hand with which to pay said Fttorney's 3ees excent irom available funda obtained �rom said loFm, NO'N THIl3EFORE BE IT RESOLUED BY Th� CI�i' COPJL:IISSION 02' Tf� C_T2'i' `�F CLEAR�VATER IN REGULtR PdEETING A�SEl11BL�D: (1) TYiat John C. Polhill, Citp Attorney, be paid �or his services, the sum of �2500.00, whieh tne City Commissi�n �inds to be �air and reasonable and which sum the said John C. ?olhill has agreed to aceept. (2) That said sum o� mone� be paid i'rom available il�nds �2vm P49A �oan �1202-1R. PASSED AT:D ADOPTED by tre C?ty Co�nission o�' the Ci:t� o� Clsarwater, Florida, this the 6th day of Aprii, A. D. 1936� (Signedj Ra�yl E. Green, Idlayor-Comnissi oner. Attest: � (Signed) �. E. Satteri'i.e.'�d, City Auditos � Clerk. A!lo�red by Nr. �arsh, seeonded by LSr. ?3atchelox, �hat the resolution be adopted, and upon roll call, the �ollowing vot e was polled: Syes: Green, Baker, Barry, Batchelor, Pdarsh, 1Vays, None. ; _ . � i _ . .. . . . ... .... ... ._ ...._.. . .._.._.. , .. . . J. � � � ; �,Q Mr. Marsh introducod the foll�rvinc; resolu.tion: A RESOLIITTON APPROVING AND FIXING ATTORNLY�S FE�S ZN CONNECTIOId - P1ITH PWA LOAN #1202-2�{. WIiEREAS,, John C. Polhillr City Attorney, has Uaen duly y employed and is at this tiina engaged in handlirzg the 1e�al � ' irrork in connecti.on wit11 PLNA Loan ,-�120�-8R, in the suui of �79,000.00, which is being obtained by the Ci�y of Clear�vater,and WHEREAS, saicl 1ega1 wark is requirin� considera'bly more �ime of the City Attnrney than wa9 ori�3.nally anticipated, among other th3.ngs it having Lecome necessary to appe�l the pending Validation Revenue Certifica�e Proceedings to the Supreme Gourt of Florida, and �^Tl3ER�AS, the compensation to be paid to the said Jonn C. Polhill, City Attorney, for h3s servicss, has not t�een fixed or agreed upon, and VVF�REkS, the City has no funds on hand with rvlzich to pay said Attorneg�s fees exee�:�t from available funds obtainsd i`zom said 1oan, NOFa TL-1EREFORL BE IT RESOLVED BY TI� CITY COIISMISSION OF` TH� GITY OF GLEARV�iATER IN REGUTAR 1fiiETING ASSEPJlBLED; . (Z) That John G. Polhill, City Attorney, be paid for his services the sum o2 �2,500.00, which the City Commiss3on finda to be fair and rBasonable and vrh.ich the said John C. Po1hi11 has agreed to accept. (2) That said sum of money be paid from ava3.lable funda From PWA Loan �1202-2R. PASSED AND ADOPTED by the Gity Commission of the City of Clearv�ater, this the 6th day of April, A, D. 1936. . (Signed) Ray E. Green, Mayor-Commi�sioner, At4est• (Signed} J•E. Satterfield, City Auditor & Clerk. Sis�.arsd by Mr. Marsh, seconded by Mr. Batchelor, that the resolution be actopted, and upon roll cal1, the foll.owin� vote • was polled: Aye�: Green, Baker, Barry, Batchelor, ir?arsh, Nays: None. • There being n.o further buainess, the meeting was thereupon � adjurned. W U�.� � rv�-- Attest: Mayor-Commissioner , ; Citg Aud or & Cler . 0 e ' ° _ . _ . � .