1967-03WHEREAS, the City of Clermont, a municipal corporation, of Lake
County, Florida is the owner in fee simple of a city park and adjoining
beach more commonly known and referred to as "Jaycee Beach", located
North of State Road 561 East of Fourth Street and West of Second Street
and adjacent to Lake Minneola on the North thereof, together with all
facilities located thereon including a one-story ,concrete building in
which there are dressing rooms, toilets and a general area for a snack
bar or restaurant:
WHEREAS, said City is desirous of continuing the operation of
said snack bar, dressing rooms, and 'toilet facilities in connection with
the public's use of the beach on Lake Minneola, and Jim and Annette
Eubanks are desirous of. operating said snack bar and have equipment which
they can immediately install for said operation, and are willing to
operate the snack bar, maintain the dressing rooms and toilet facilities
in a continually sanitary condition.
THEREFORE, in consideration of the sums as set. forth hereinafter
and on the payment of such the City of Clermont, hereinafter referred
to as the party of the first part, and Jim and Annette Eubanks hereinafter
referred to as the parties of the second part, do hereby mutually agree:
1. That beginning Sept. 1, 1967 and ending on Sept. 31, 1968
the said party of the first part does hereby agree to lease unto the
said parties of the second part that portion of the heretofore described
premises known as the snack bar, including the dressing rooms and
toilet facilities, which are a part of said building, and hereby authorize
the parties of the .second part to install, at no expense to the part of
the first part, such equipment as. they deem.necessary in the operation
of said snack bar, for which privilege and lease the parties of the
second part hereby agree to pay to the party of the first part ONE DOLLAR
per month.
2. The parties of the second part, in the operation of the snack
bar, will purchase and serve food of good quality and under sanitary
conditions and in accordance with all requirements imposed upon like
places of business under the rules and regulations pertaining to same,
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as promu1u1gated by the Hotel Commission of the State of Florida, which
shall include their rules and'regulatlons pertaining to dressing rooms
and toilet facilities in said building. The parties of the second part
to maintain the plumbing and pay all utility bills.
3. During the term of this lease the parties of the second part
shall keep the inside of the whole of said building decorated. Also,
the parties of the second part shall maintain and furnish at their expense,
all electrical power used in said building including the re-wiring or
additions to the wiring so desired by them, and such additions, re-wiring
or lighting fixtures so installed shall then become and shall always
remain the property of the party of the first part.
4. The parties of the second part shall have the privilege of
operating the snack bar area or elsewhere, as permitted in writing by the
party of the first part, any business that is kindred to the operation
of said bar, including the "juke organ", and if so operated shall be
in a manner that will not disturb or become a public nuisance. All State,
County and City of Clermont licenses as required in the conduct of said
snack bar or kindred business shall be purchased by the parties of the
second part.
5. Under no circumstances will alcoholic beverages be permitted
to be sold or consumed within the said building or on any porches or
other faci1ities'attached to and part of the said building, including the
dock into Lake Minneola and the dressing rooms and toilet facilities.
Violation of this clause shall, result in immediate cancellation of this
agreement.
6. The snack bar, dressing rooms, toilets or other businesses '.
operated and maintained by the parties of the second part as permitted
by the part of the first part, shall be conducted for t,he primary benefit
of patrons of, Jaycee Beach, and the parties of the second part shall be
wholly responsible for and shall conduct their business. in an orderly
manner and withouth same becoming, under any circumstances, a nuisance,
public or private. The parties of the second part agree to furnish all
facility supplies at his expense.
7. The parties of the second ,part must be the sole operators of
the facilities embraced, within this agreement, and cannot employ a
Manager, assign this agrement, or in any other manner relinquish or cease
their management of the building and facilities embraced within this
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this agreement.. Nothing herein, however, shall prevent the said parties
of the second part as operators from employing as many employees as they
deem necessary .'
8. The parties of the second part shall maintain adequate liability
insurance. to save harmless the part of the first part in their conduct
and operation of said businessv a copy of said policy of insurance to be
furnish to the party of the first part and to be first approved by
the party,of the first part.
'9. ' The snack bar, toilets and dressing rooms shall be open to
the public during reasonable hoursof the day and, specifically, shall
be open between the hours of 9:00 A. M. to 8:00 P.M. from the first day
of June of each year to Labor Day of each year and at such other times
as the parties of the second part shall feel necessary. However, said
facilities shall not open after the hour of 10:00 P. M. without the
written consent of the City Manager. During the July 4th and Labor Day
celebration, the party of the first part reserves the right to give to
anyone, and one only unless agreed to by 'the second parties,
organization within the City of Clermont the right to operate concessions
for such celebrations: however, the part of the first part shall, as
far as possible, protect the parties of the second part in their business
so operated under this Agreement.
10., The parties of the second part shall post the proposed hours
of their operation where it is fully inview of the public and the said
parties of the second part shall abide by the hours as posted.
11. The.parties of the second part shall be responsible for all
utilities consumed ,on the premises, unless otherwise specifically agreed
in writing.
12. The violation of any City Ordinance, State or County regulations
or any of the other, included terms of this agreement ,shall make this
agreement subject to revocation without notice to the second parties.
13. Failure of the parties of. the second part to perform any of
the covenants or agreements herein imposed upon them will result in the
cancellation of this agreement within thirty (30) days by written notice
from the part of the first,part, except those conditions herein providing
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for immediate cancellation. Likewise, the parties of the second part
may cancel this agreement after Labor Day 1968 and before January 30,
1969, by giving the party of the first party at least sixty (60) days
written notice, and upon the expiration of this agreement the parties of
the second part will vacate the premises, removing immeidately all of
their property therefrom. The parties of the second part shall have the
option to renew this agreement for an additional like period of time
from 5 years to 10 years upon the approval of the party of the first part,
by giving the party of the first part at least sixty (60) days notice
in advance of the desire to renew, during which period of time the party
of the first part and the parties of the second part, if found necessary,
will re-negotiate the terms and conditions that might be found necessary
by either parties
14. The parties of the second part shall conduct no activities which
shall be obnoxious to the public or be, under any circumstances, a
nuisance, public or private. The Police Department operated by the party
of the first part shall always be available to assist the parties of the
second part in mataining order anywhere upon the premises.
By
City manaer
WITNESSES
Deputy Clerk