1981-06
81-6
JAYCEE BEACH HOUSE CONCESSION AGREEMENT
1. PARTIES:
This Agreement is made as of the
2
day of
April
, 1981,
:Phil Garvin
between the CITY OF CLERMONT, hereinafter termed "CITY", and
, hereinafter termed "LESSEE".
2. DESCRIPTION AND FEES:
~.
The only property subject to the terms and provisions of this Agreement shall
be the Jaycee Beach House on Lake Minneola Drive (State 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 'Ph;' Try Do 11 i'lTR for each full calendar month in which the
snack bar/restaurant is operated. For any month in which the snack bar/restaurant
is not required to be operated the full month,
(Sl.DD) One Dolli'lr
will be paid
to the CITY for each day of operation, not to exceed Th; rty Do lla rs per
month. The LESSEE shall also pay one-half of all water charges. The sewer and
sanitation charges shall be paid by the CITY.
3. TERMS OF LEASE:
A. The term of this Agreement shall be from May 1, 1981, to March 31, 1982,
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 period' 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 Paragraph 2 above may be renegotiated if 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 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 without the approval of the
City Council.
C. This Agreement may be amended at any time with the concurrence of the
City Council and LESSEE.
4. CANCELLATION:
Either party may cancel this lease upon giving the other party sixty (60) 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 facilities
LEONARD H, BAIRD, JR., ATTORNEY AT LAW, P,O, DRAWER 1066, CLERMONT, FLORIDA 32711
.
.
identified herein.
5. USE OF PREMISES:
A. The LESSEE shall use and occupy the premises solely as a snack barf
restaurant facility, and for no other purposes, and shall in the use and occupancy
of the premises, conform to all laws, orders, and regulations of the federal, state,
or local governments.
B. It is further understood and agreed by the LESSEE that this Agreement
is subject to the following conditions:
(1) The LESSEE shall operate the snack bar/restaurant 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, and between 9:00 a.m. to 6:00 p.m. on weekends and holidays, except in
times of bad weather. In no case will the snack bar/restaurant be open earlier than
6:00 a.m. or later than 10:00 p.m. LESSEE may, at his discretion, operate on dates
other than required, within t~e hours allowed.
(2) The LESSEE shall serve food such as sandwiches and snack foods and
nonalcoholic beverages such as soft drinks. LESSEE may also, at his option, serve full
meals. It is expressly understood that no alcoholic beverages will be sold or consumed
on the premises at any time. No glass will be allowed outside the snack barf
restaurant. LESSEE may install automatic vending service and games on the premises,
but may not install any vending machines nor operate in any manner on the outside of
the snack bar/restaurant.
(3) The LESSEE shall comply with all licensing, health and other require-
ments of law.
(4) The LESSEE shall maintain premises in a clean and sanitary manner at
all times, including 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 quit and deliver up said premises at the
end of said term in as good conditions 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 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
-2-
LEONARD H, BAIRD, JR" ATTORNEY AT LAW, P,O, DRAWER 1066, CLERMONT, FLORIDA 32711
.
.
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, carpeting,
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 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/lOO DOLLARS ($100,000.00) 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
relationship. The LESSEE shall hold the CITY harmless against any and all claims, demands,
suits, judgments and expenses by any persons resulting from the LESSEE\~ 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 ~ day of
CrhA~L
, 1981.
Signed in the presence of:
THE CITY OF CLERMONT
~~
BYC= .'
~
-
"CITY"
ATTEST;
~.,#~
~ A_-I.~J /) ~
City Cle k
"LESSEE"
-3-
LEONARD H. BAIRD, JR., ATTORNEY AT LAW, P.O, DRAWER 1066, CLERMONT, FLORIDA 32711
.
.
ADDENDUM
This Addendum being part and parcel of the Jaycee Beach House Concession
Agreement between CITY OF CLERMONT and PHIL GARVIN dated the 2nd day of
April
, 1981.
In consideration of the mutual promises and covenants contained in the Agreement,
LESSEE further agrees to make certain improvements to the property including, but
not limited to, the following:
1. Replace range hood with hood that has a fire extinguishing system
that includes an automatic fuel shutoff device to current NFPA standards.
2. Install new carpeting.
3. Panel and paint dining room.
4. Repair or replace counter and back bar.
5. All of the above work must meet the Southern Standard Building Code
and be approved by the City of Clermont before the Beach House can
be opened to the public.
LESSEE further agrees to obtain written permission fqr any major improvements
to the premises and shall indemnify or hold harmless the CITY OF CLERMONT for any
costs of improvements, including any labor or materialmen's liens, costs and attorney
fees.
CITY OF CLERMONT
c-.---~/ -_/ A
BY: - c:/~~.~~- -
~
Jk '
~
LEONARD H. BAIRD, JR" ATTORNEY AT LAW, P.O. DRAWER 1066, CLERMONT, FLORIDA 32711