1972-02WHEREAS, 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, 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 public's use of
the beach on Lake Minneola, and MARIE S. BROWN
is desirous of operating said
snack bar and has equipment which she 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 hereinafter and on payment
of such, the City of Clermont, hereinafter referred to as the party of the first part,
and MARIE S. BROWN
hereinafter referred to as the party of the second part,
do hereby mutually agree:
1. That beginning May 1, 1972 and ending on April 30, 1973 the said partyLof;.tbe
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 the party of the first part FIFTEEN DOLLARS ($15.00) on the first of each month
for each month or part of a month the snack bar is open. Any equip~ent owned and
installed by the party of the second part shall remain the property of the party
of the second part.
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
'~ertaining 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 sha11y.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 bu.1'.Hiing,
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 private. The party of the second part agrees to furnish all toilet
facility supplies at his expense.
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 prvent 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 tee 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
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 wi.ll 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, 1972 and before
April 30, 1973, by giving the party of the first part at least sixty (6~L 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 additiona~
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
26th day of Apri 1 1972
WITNESSES: