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1971-08WHEREAS, 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 Minneo1a on the North thereof, together with all facilities located thereon including a one-story concrete building in which there are dressing rooms, toilet 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 pub1ic.s use of the beach on Lake Minneo1a, and Victor Collins is desirous of operating said snack bar and has equipment which he can immediately install for said operation, and is willing to operate the snack bar and maintain the dressing rooms and toilet facilities in a continually sanitary condition, THEREFORE, in consideration of the sums as set forth herein- after and on the payment of such, the City of Clermont, hereinafter referred to as the party of the first part, and Victor Collins hereinafter referred to as the party of the second part, do hereby mutually agree: 1. That beginning May 1, 1971 and ending on April 30, 1972 the said party of the first part does hereby agree to lease unto the said party of the second part that portion of the heretofore described premises known as the snack bar, including dressing rooms and toilet facilities, which are a part of said building, and hereby authorizes the party of the second part to install, at no expense to the party of the first part, such equipment as they deem necessary in the operation of said snack bar, for which privilege and lease the party of the second part hereby agrees to pay to the party of the first part FIFTEEN DOLLARS ( $ 1 5 . 00) on the first of each month for each month or part of a month the snack ba.r is open. Any equipment owned and installed by the party of the second part shall remain the property of the party of the second part. - 2 - 2. The party 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. as promulgated by the Hotel & Restaurant Commission of the State of Florida, which shall include their rules and regulations pertaining to dressing rooms and toilet facilities in said building. 3. During the term of this lease the party of the second part shall keep the inside of the whole of said building in good repair. Also, the party of the second part shall maintain and furnish at their expense, all electrical power used in said building, including the rewiring or additions to the wiring so desired by them, and such additions, rewiring or fixtures so installed shall then become and shall always remain the property of the party of the first part. 4. The party of the second part shall have the privilege of operating the snack bar area or elsewhere, 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 party 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 facilities attached to and part of the said building, including 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 party of the second part as permitted by the party of the first part, shall be conducted for the primary benefit of patrons of Jaycee Beach, and the party of the second part shall be wholly responsible for and shall conduct their business in an orderly manner and without same becoming, under any circumstances, a nuisance, public or prjvate. The party of the second part agrees to furnish all toilet facility supplies at his expense. - 3 - 7. The party of the second part must be the sole operator of the facilities embraced within this agreement, and cannot assign this agreement. Nothing herein, however, shall prevent the said party of the second part as operator from employing as many employees as he deems necessary. 8. The snack bar, toilets and dressing rooms shall be open to the public during reasonable hours of the day and, specifically, shall be open daily between the hours of 10:00 A. M. to 8:00 P. M. from the first of June of each year to Labor Day of each year and at such other times as the party 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 Celebrations, the party of the first part reserves the right to give to anyone, and one only, unless agreed to by the second party, organizations within the City of Clermont the right to operate a concession for such celebrations; however, the party of the first part shall, as far as possible, protect the party of the second part in their business so operated under this Agreement. 9. The party of the second part shall post the proposed hours of their operation where it is fully in view of the public and the said party of the second part shall abide by the hours as posted. 10. The party of the second part shall be responsible for all utilities consumed on the premises unless otherwise specifically agreed in writing. The party of the second part will pay fifty (50) percent of the water bill and no deposit shall be required. 11. 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 party. 12. Failure of the party 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 party of the first part, except those conditions herein providing for immediate cancellation. Likewise, the party of the second part may cancel this agreement after Labor Day, 1971 and before . . - 4 - April 30, 1972, by giving the party of the first part at least sixty (60) days written notice, and upon the expiration of this agreement the party of the second part will vacate the premises, removing immediately all of his property therefrom. The party of the second part shall have the option to renew this agreement for an additional like period of time up to a total of five (5) 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 party of the second part, if found necessary, to renegotiate the terms and conditions that might be found necessary by either party. 13. The party 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 party of the second part in maintaining order anywhere upon the premises. WITNESS the hands and seals of the respective parties hereto, this 2nd day of April, 1971 WITNESSES: Attest: No. 4-26-1971 Received from City of Clermont on loan 1 general triplex