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1984-06 8L1- -o~ JAYCEE BEACH HOUSE CONCESSION AGREEMENT 1. PARTIES: This Agreement is made as of the 17th day of February , 1984 between the CITY OF CLERMONT, hereinafter termed "CITY, and Troy D. Jones , hereinafter termed "LESSEE". 2. DESCRIPTION AND FEES: ~. The only property subject to the terms and provisions of this Agree- ment shall be the Jaycee Beach House on Lake Minneola Drive (County Road 561), within the corporate limits of the CITY OF CLERMONT. The fees to be paid by the LESSEE for the use of such premises, are ONE HUNDRED AND TEN DOLLARS ($110) PER MONTH. The LESSEE shall also pay the full cost of sewer, sanitation, and electric fees. The CITY shall pay all water fees. 3. TERMS OF LEASE: A. The term of this Agreement shall be from March 1, 1984 to February 28, 1985, and the parties agree that if the LESSEE shall perform all obligations, covenants and agreements to be performed by him under the provisions hereof, the LESSEE shall have the option to renew the lease herein for an additional two (2) option periods of one (1) year each, provided further, that the LESSEE shall notify the CITY not later than thirty (30) days before the expiration period of his desire to exercise each option. The fees described in Para- graph Two above may be renegotiated if the LESSEE exercises his option to renew. B. Nothing in this Agreement shall be interpreted to grant the LESSEE an exclusive right to sell food and beverages or bait and tackle in the beach area, but such right is granted for the Beach House Building alone. However, no other person, corporation or organization will be allowed to sell food or beverages or bait and tackle without the approval of the City Council. C. This Agreement may be amended at any time with the concurrence of both the City Council and the LESSEE. 4. CANCELLATION: Either party may cancel this lease upon giving the other party thirty (30) days or more written notice in advance. The CITY may additionally cancel this lease in the event the LESSEE shall breach any of the terms of this lease. In such cases, the CITY shall have the right to immediately reenter and retake possession of said facil- ities identified herein. 5. USE OF PREMISES: A. The LESSEE shall use and occupy the premises solely as a snack bar and bait and tackle shop facility, and for no other purpose, and shall in the use and occupancy of the premises, conform to all laws, orders, and regulations of the Federal, State and Local Governments. .'e B. It is further understood and agreed by the LESSEE that this Agreement is subject to the following conditions: (1) The LESSEE shall operate a snack bar between Memorial Day and Labor Day each year with food service open at least from 10:00 a.m. to 4:00 p.m. weekdays, weekends, and holidays, except in times of bad weather. In no case will the building be open earlier than 4:00 a.m. or later than 10:00 p.m. (2) The LESSEE shall serve food such as sandwiches and snack foods and non-alcholic beverages such as soft drinks. The LESSEE may also, at his option, serve full meals. It is expressly understood that no alcholic beverages will be sold or consumed on the premises at any time. No glass will be allowed outside the building. LESSEE may not install any vending machines nor operate in any manner on the outside of the building. (3) The LESSEE shall comply with all licensing, health and other requirements of the law. (4) The LESSEE shall maintain the premises in a clean and sanitary manner at all times, including the public restrooms, adhere to all health regulations, pay any license or tax imposed on the business, and conduct the business in an orderly manner. C. The LESSEE shall not perform any alterations or improvements to the premises, nor assign this lease or sublet any part of the premises without the express written permission of the CITY; and shall deliver up said premises at the end of said term in as good condition as they are now, excluding ordinary wear and tear. . D. It is expressly understood and is a condition of this Agreement that the LESSEE shall serve all persons on an equal basis, and not discriminate in his service or employment on the basis of age, sex, color, or nationality. 6. CARE AND REPAIR OF THE PREMISES: A. The CITY shall be responsible for constructing any repairs to the public restrooms and the building exterior. The CITY shall also carry insurance on the building, including restrooms, and hold the LESSEE harmless for damages arising from the public's use of the beach and restrooms that are not a result of negligence or intentional acts on the part of the LESSEE. B. The LESSEE shall be responsible for the interior walls, carpet- ing, lighting, including light bulbs and ballasts, and any informational and locational signs. No signs shall be installed without the written permission of the CITY. C. All improvements made by the LESSEE to the premises which are so attached to the premises that they cannot be removed without material injury to the premises, shall become the property of the CITY upon installation. Not later than the last day of the term of this lease, the LESSEE shall, at the LESSEE'S expense, remove all of his personal property and those improvements which have not become the property of the CITY. 7. INSURANCE: The LESSEE shall maintain adequate public casualty insurance in the amount of ONE HUNDRED THOUSAND AND NO/IOO ($100,000) per accident. The LESSEE, shall, by January 1st of each year, provide certificates evidencing all such insurance to the CITY. 8. HOLD HARMLESS CLAUSE. -. In regard to any use, services, or operations performed by the LESSEE, such operations shall be deemed the operations of the LESSEE as an independent corporation, and the CITY shall not, to any degree, extent, or manner whatsoever, be considered as having any interest herein, either as a joint enterprise, employer, or agency relation- ship. The LESSEE shall hold the CITY harmless against any and all claims, demand suits, judgments, and expenses by any persons resulting from the LESSEE'S operations hereunder; or sustained in or upon the leased premises, or as a result of anything claimed or omitted to be performed by the LESSEE hereunder. EXECUTED AT CLERMONT, FLORIDA, ON THE 17th DAY OF February , 1984. OF: BY: ~JJ.~ "CITY" ;:~ () ~ "LESSE" I' ~~ C/ Clerk e . CITV OF CLERMDNT P.O. BOX 219. CLERMONT, FLORIDA 32711 . PHONE 904/394-4081 February 15, 1984 Mr. Troy D. Jones 836 Tenth Street Clermont, FL 32711 Dear Mr. Jones: Enclosed for your signature are two copies of the Lease Agreement. as amended at the February 14, 1984 Council Meeting. The Agreement was amended to allow the Bait and Tackle Shop to open at 4:00 a.m. instead of 6:00 a.m. as originally proposed. Please sign both copies of the Agreement. You may keep one for your files and return the other to City Hall. Rent for the building is due on the first day of each month and must be paid in advance. You must strictly adhere to the terms of this Agreement. Thank you for your consideration. Sincerely, CITY OF CLERMONT ~D. ~EORGE D~ES City Manager ~ L- (