2013-53 LEASE
THIS LEASE made and entered into this /, day of 2013, by and
between the CITY OF CLERMONT, whose address is 685 West N ntrose Street, Clermont,
Florida, a Florida Municipal Corporation, hereinafter "Landlord" and Clermont Water Front
Bikes and Boards, Inc., a Florida Corporation, whose address is 164 Orange Avenue, Clermont,
Florida 34711, hereinafter"Tenant", and upon the terms and conditions hereinafter stated, and in
consideration of the payment hereinafter stipulated and the performance by the Tenant of the
covenants herein contained, the parties agree as follows:
1. Lease of Premises
Landlord does hereby lease, let and demise unto the Tenant, and the Tenant does hereby rent,
lease and hire from the Landlord, upon the terms and conditions hereinafter stated, the land and
improvement thereon located at 15 2nd Street, Clermont, FL 34711 (hereinafter referred to as the
"Premises"). By entering into this Lease, the Landlord and Tenant recognize and agree that the
Tenant shall operate and maintain a concession operation for provision of waterfront park
recreational rental services in strict accordance and compliance with the terms, conditions
specifications contained in this lease agreement, the City of Clermont RFP 13-016 "Waterfront
Park Recreational Rental Services" and Tenant's June 13, 2013 response thereto, the terms and
conditions of the RFP, tenants response and any and all addendum and amendments thereto are
hereby incorporated and made a part hereof.
2. Term of Lease
The initial term of this Lease shall begin on the effective date as set forth below and shall remain
in effect for a term of two (2) years thereafter unless terminated as provided herein. Tenant shall
have the option, subject to the conditions contained herein and approval by Landlord, to renew
the Lease for three (3) additional terms of one (1) year each. To exercise the option hereunder,
Tenant shall provide to Landlord written notice of its intent to exercise the option at least six (6)
months prior to the expiration of the initial term of the Lease or any renewal term thereafter.
Additionally, at the time of the notice to Landlord, Tenant shall not be in default of any of the
conditions of this Lease. The Landlord shall have the right to not renew the Lease. In the event
that the Tenant fails to exercise the option or options as contained herein or the Landlord does
not consent to the renewal, the Lease shall terminate as of the last day of the applicable rental
period.
3. Rental Rate
A. During the initial term of this Lease and any approved renewals thereof, Tenant shall
be entitled to utilize the Premises by paying on a monthly basis in arrears FIVE
PERCENT (5%) of the gross sales for any and all rentals, products or services
provided by Tenant, directly or indirectly related to the use of the Premises by
Tenant, plus applicable sales tax. The gross sales amount shall not include applicable
sales tax that Tenant is obligated to collect. The rental rate shall be paid monthly
beginning the first day of each month after the expiration of thirty (30) days from the
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date of occupancy of the Premises by Tenant and shall be based on the gross sales for
the prior month or portion thereof. In addition to the Rental Rate set forth herein,
Tenant shall be responsible for all expenses associated with the operation of the
Premises, except as may be expressly agreed to be paid by the Landlord as provided
herein, which all shall be considered additional rent hereunder. The failure to timely
pay any of these expenses may be deemed by Landlord to be a failure to pay rent and
subject Tenant to eviction as provided herein.
B. Upon payment of the Rental Rate set forth above,Tenant shall provide to Landlord an
itemized list of Tenant's sales transaction for the prior month or portion thereof, to
include all transactions paid by cash, credit card or credit of any kind. Landlord shall
have the absolute right upon five (5) days notice to Landlord to review and audit any
and all transaction records maintained by Tenant, whereupon Tenant shall make the
records available to Landlord or its authorized agent. For purpose of this Section,
Tenant expressly agrees that it shall maintain all transaction records related to the
operation of the concession facility on the Premises for a period of not less than one
(1)year and that Landlord shall have the right to review and audit any such records in
arrears for a rolling one year period. Tenant further agrees that in the event
Landlord's review and audit reveals that Tenant has not paid the appropriate Rental
rate for any given month or months, Tenant shall pay any additional rent within ten
(10)days of notice thereof from Landlord.
4. Deposit
Tenant shall pay to CITY a security deposit in the amount of ONE THOUSAND DOLLARS
($1,000), for the full and faithful performance of all of the terms and conditions of this Lease. The
deposit shall be kept by CITY and shall be returned to Tenant after the expiration of this Lease and
any renewals, provided that Tenant has otherwise fully complied with and performed all conditions
and covenants of this Lease. Any interest that may accrue on or related to the deposit shall be
retained by City.
5. Use and Care of Leased Premises
A. The Premises shall be used by the Tenant for the operation and maintenance of
the concession operation, as more specifically described in Exhibit "A," attached hereto
and incorporated herein. The use shall be in accordance with all applicable laws and
regulations and shall be consistent with and as contemplated in City of Clermont RFP 13-
016 and Tenant's response thereto, the terms and conditions of both documents are
incorporated and made a part hereof. Tenant covenants and agrees that it will be open to
conduct business to the general public within 60 days of execution of Lease Agreement
with Landlord.
B. The Tenant shall use and occupy the Premises in a safe and proper manner and
shall keep the Premises in a clean and safe condition.
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C. Tenant shall be permitted to sell food products, provided however, that Landlord
shall have the unconditional right to approve the sale of any food products and Tenant
shall not have the right to install any food preparation or storage equipment other then a
refrigerator or freezer, as approved in advance by Landlord. Tenant shall not use, or
allow the Premises to be used for any purpose other than as described in this Lease and
RFP 13-016 and shall not use, or permit the Premises to be used for any unlawful,
disreputable or immoral purpose.
D. Tenant shall operate the concession facility in accordance with all applicable
laws, regulations and ordinances and shall, unless otherwise agreed in writing, maintain
the operating hours as set forth in RFP 13-016. Nothing herein shall require the tenant to
open the concession facility during inclement weather, subject to approval by Landlord,
any unforeseen power and/or utility interruptions, and the following holidays:
Thanksgiving Day, Day before Christmas(Christmas Eve) and Christmas Day. Provided,
however,that Tenant may open the facility at its discretion on the above-listed holidays.
E. Tenant will be allowed to install limited signage on the exterior of the Premises at
the sole discretion of the City. Any signage and/or decor within the conditioned limits of
the Premises shall be at the sole discretion of Tenant, provided that such signage or decor
may not be installed as permanent fixtures to the Premises, without Landlord's prior
written consent.
F. Tenant acknowledges that from time to time special events are held at Waterfront
Park. Such events include, but are not limited to, Pig on the Pond and the Great Florida
Triathlon. Some of these events may include the closure of portions or all of Waterfront
Park to the general public. Tenant shall not be required to close or adjust its hours of
operation to accommodate any of these events. Tenant, however, further acknowledges
that the Landlord shall have the exclusive right in determining what shall be considered
or defined as a "special event." Furthermore, Landlord reserves the right to permit
concession facilities other than such provided by Tenant, reasonably restrict access and
parking related to the Premises or other measures as are necessary to accommodate the
special events.
6. Effective Date
This Lease shall be in full force and effect as of September 1,2013.
7. Peaceful Occupancy by Tenant
If Tenant shall fully observe and perform all of the covenants and conditions of this Lease on its
part to be performed, the Landlord hereby covenants and agrees that at all times the Tenant shall
have the peaceful possession and quiet enjoyment of the Premises during the term hereof without
any manner of interference or hindrance from the Landlord or any person or persons, lawfully
claiming by, through or under the Landlord. Tenant agrees to comply with conditions such as
may reasonably be established by the Landlord to maintain the security of the Premises and
assets belonging to both the Landlord and Tenant.
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8. Utilities and Other Charges
Landlord agrees to pay all charges, utility and otherwise, to include, but not be limited to,
electric,water, sanitary sewer,and solid waste disposal.
9. Payment of Taxes
The Tenant agrees that the Tenant will, during the term of this Lease, pay all taxes levied by any
governmental taxing authority on machinery or equipment used by the Tenant on the Premises
and any sales or use tax levied or assessed against the Tenant by any governmental taxing
authority in connection with Tenant's use and occupancy of the Premises, provided however,
that the Landlord shall reasonably cooperate to assist Tenant in minimizing such taxes.
10. Repairs
A. Tenant shall keep and maintain the Premises in good condition and repair,
reasonable wear and tear excepted. •
B. The Tenant shall act promptly in making all reasonable repairs and shall have a
reasonable time to complete the same unless Tenant is prevented from doing so by reason
of strikes, governmental regulation, acts of God, inability to obtain materials or other
causes beyond the reasonable control of the Tenant.
C. In the event the Tenant does not make the repairs to the Premises required of it
hereunder, the Landlord, after fifteen (15) days for essential repairs and thirty (30) days
for non-essential repairs, written notice to the Tenant, may proceed with such repairs and
in such event the Tenant covenants and agrees to reimburse promptly the Landlord for the
cost of such repair, plus ten percent(10%) of such costs for supervision. In such event, if
payment of the amounts due the Landlord for paying the performing party is not made by
the Tenant within thirty (30) days after presentation of statements therefore, such
amounts shall earn interest as set forth below and shall constitute a default of the terms
and conditions of this Lease.
D. The Landlord shall keep and maintain in good condition and repair, the Leased
Premises, including the roof, electrical service, exterior walls and all of Landlord's
equipment and personal property, unless such items are damaged by Tenant or guests or
invitees of Tenant. Tenant shall make all necessary repairs to preserve the Leased
Premises and any and all of Tenant's equipment and personal property on the Leased
Premises. Tenant shall make no changes, alterations, repairs, or except as otherwise
provided herein, install any equipment without first obtaining the consent of the Landlord
in writing.
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11. Past Due Required Payments
The Tenant covenants and agrees that any and all arrearage in any payment required hereunder,
shall bear interest from the date upon which such payment became due and payable at the then
prevailing prime rate as announced in the Wall Street Journal or similar publication plus three
percent(3%)per annum, not to exceed the maximum rate permitted by law(the"Default Rate").
12. Insurance—Provided by Tenant
A. The Tenant covenants and agrees to provide and maintain, at all times during the
term of this Lease, policies of insurance insuring the Tenant and the Landlord against any
and all claims, demands, actions and causes of action whatsoever for injuries received
and damage to property in connection with the use, occupation, management and control
of the Premises and the improvements thereon. Such policies of insurance shall insure the
Landlord and the Tenant in an amount not less than ONE MILLION DOLLARS
($1,000,000) to cover claims of any one person from any single or specific cause that
may arise or to be claimed to have arisen against the Landlord or the Tenant,as aforesaid.
No thing herein shall be construed as a waiver, either in whole or in part of Landlord's
right of sovereign immunity as provided by Section 768.28, Florida Statutes, or its
successor.
B. Tenant shall also provide and maintain at all times during the term of this Lease
and any renewal hereof, policies of insurance, insuring all structures against fire and
casualty and such other policies as required n RFP 13-016.
C. Certificates of the issuance shall be delivered to the Landlord as evidence of the
compliance by the Tenant with the terms and provisions contained herein. Each of the
said insurance policies shall be issued by a company or companies authorized to do
business in the State of Florida and have an A.M. Best Company Rating of"A" or better
and a Financial Size Category of"VII" or better or as otherwise approved by Landlord.
Should the Tenant fail to maintain such insurance in force, the Landlord may, but shall
not be obligated to, procure the same and advance funds for the payment of the cost
thereof for and on behalf of the Tenant and all such payments shall be considered as rent
immediately due, upon written demand therefore and shall be included in any lien for rent
due and unpaid. ,
D. If during the period which an insurance company is providing the coverage
required by this Lease, an insurance company shall: 1) lose its Certificate of Authority,
2) no longer satisfy the minimum requirements for operating in Florida, or 3) fail to
maintain the Best Rating and Financial Size Category, the Tenant shall, as soon as the
Tenant has knowledge of any such circumstance, promptly notify the Landlord and
promptly replace the insurance coverage provided by the insurance company with a
different insurer meeting the requirements of this Lease. Unless the Tenant replaces the
unacceptable insurer with an insurer that satisfies the requirements of Section 12.D,
above, within fifteen (15) days after receiving actual notice of the shortcomings
concerning the unacceptable insurer,the Tenant shall be deemed in default of this Lease.
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E. The Landlord may review the aforementioned liability coverage at any applicable
renewal period to verify the average market or industry standard for liability insurance
related to the operation of a concession facility to see if there is sufficient liability
coverage. If the Landlord, after review of the surveys, acting reasonably, deems the
liability coverage is inadequate, Tenant shall supply the coverage the Landlord, acting
reasonably, deems to be adequate at that period in time. At no time shall liability
coverage ever decrease below what is stipulated in the preceding paragraphs.
13. Rules—Compliance by Tenant
The Tenant shall, in all material respects, promptly execute and comply with, at its sole expense,
all present and future statutes, ordinances, rules, orders, regulations and requirements of the
federal, county, city and state governments and of any and all their departments and bureaus,
which may be applicable to the Premises or the Tenant's use thereof.
14. Entry Upon the Premises
The Tenant covenants and agrees that the Landlord, its representatives, successors and assigns,
shall have free access to the Premises at all reasonable times, with 24 hour notice, for the
purpose of inspecting the same and for the purpose of making any alterations or repairs to the
Premises that are necessary to comply with applicable laws and for the safety or preservation of
the Premises; provided, however, that such alterations or repairs have not been made by Tenant
after written notice to Tenant of the necessity therefore in the time period specified by Landlord.
15. Hold Harmless
A. The Tenant covenants and agrees that the Tenant will indemnify and save
harmless the Landlord from and against any and all liability, liens, claims, demands,
damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action
of any kind, whether actual or alleged, arising from or related to, the use, occupation ,
management or control by Tenant of the Premises and the improvements thereon, or
which result from any actual or alleged breach, violation or nonperformance of any
covenant, condition or agreement herein contained on the part of the Tenant except for
claims based on the willful or negligent acts or inactions of Landlord. To include, but not
specifically limited to, any claim, demand, or damages related to any personal injury or
property damage resulting either directly or indirectly from the use or rental of any
equipment of any kind by Tenant. The Tenant covenants and agrees that the Tenant will,
at the Tenant's expense, defend any and all such actions, suits or proceedings which may
be brought against the Landlord or in which the Landlord may be named as a party with
others in any such action or proceedings, at all levels, including appeal, to which the
Landlord may be a party. In the event of joint negligence on the part of the Landlord and
Tenant, any loss and costs shall be apportioned in accordance with the provisions of
Section 768.31, Florida Statutes, the Uniform Contribution Among Tortfeasors Act, as it
exists on the effective date of this Lease, subject to the recovery limits set forth in Section
768.28, Florida Statutes.
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B. In the Event the Tenant fails to perform under the provisions of Section 15.A.
above, within ten (10) days after due notice, the Landlord may at its option, take
whatever reasonable action the Landlord reasonably deems necessary to cure the
Tenant's failure to perform, and the Tenant agrees to pay the Landlord as additional rent
hereunder for all damages, costs, fees, expenses, judgments, charges and reasonable
attorneys' fees incurred by the Landlord in exercising it rights under this Lease.
16. Destruction of Premises
A. The Landlord and the Tenant covenant and agree that in the event the Premises
shall be wholly or partially damaged by fire, windstorm,tornado, acts of God, flood or by
similar causes to such an extent that the Premises shall be rendered partially or wholly
untenable, the Tenant covenants and agrees to proceed promptly without expense to the
Landlord to repair the damage. It is understood and agreed that the Tenant shall have a
reasonable time within which to rebuild or make any repairs, and such rebuilding and
repairing shall be subject to delays caused by storms, shortages of labor and materials,
acts of God, government regulations, strikes, walkouts and causes beyond the control of
the Tenant, which causes shall not be construed as limited factors, but as exemplary only.
Tenant's insurance proceeds shall be used, to the extent available, to effect such repairs.
17. Removal of Personal Property by Tenant
A. Except as hereinabove otherwise provided, all of personal property or equipment
used on the Premises by the Tenant and paid for by it shall remain the property of the
Tenant and may be removed by the Tenant upon the expiration of the term of this Lease,
subject, however, to the,limitations that: (1) all improvements and equipment that are
not affixed to the Premises shall be removed and the Tenant shall repair any damage
caused by such removal, and (2) the Tenant shall have fully performed all of the
covenants and agreements to be performed by it under the provisions of this Lease.
B. The Landlord, following the termination, abandonment, surrender or release of
this Lease, shall have the right to take possession of any goods, equipment, inventories,
fixtures or other personal property of the Tenant which may be left upon the Premises,
and may dispose of said property at a time and place designated by the Landlord's sole
option, and upon notice of such disposition to any necessary parties. Any proceeds from
such sale, lease or other disposition of the said property may be applied to:
1. Any costs incurred by the Landlord in retaking, holding, selling or otherwise
disposing of the said property of the Tenant;
2. Any monies, which may be owing and unpaid under the provisions of this Lease;
3. Any reasonable charges for rent loss due to the failure to remove such property
from the Premises.
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18. Default
The following events shall constitute defaults hereunder by the Tenant:
A. Monetary Default. Failure to pay rent or other charges required under the
provisions of this Lease promptly when due.
B. Non-Monetary Default. Failure to fully and promptly perform and comply with
each and every term, provision, covenant and condition of this Lease except for a
Monetary Default as defined above.
C. An Event of Default shall have occurred in the event of a Monetary Default by
Tenant and the continuance of such default for a period of fifteen (15) days after receipt
of written notice thereof, or in the event of a Non-Monetary Default and the continuation
of such Default for a period of thirty (30) days after written notice thereof, the Landlord
may, at the Landlord's option and sole discretion, and in addition to any other remedy or
right given hereunder or by law, without further demand or notice, terminate this Lease
on the date specified in said notice and retake possession of the Premises, including all
improvements thereon.
D. The remedies set forth above, shall be deemed to be cumulative, and shall not
preclude the Landlord from enforcing any other remedy or right provided to the Landlord
hereunder or by law. In all events, the Tenant shall remain liable for the payment of any
and all sums due under this Lease until paid in fu'l, including, without limitation, all
rents, all expenses for physical damage, reasonable attorneys' fees, and all costs incurred
in enforcing any remedy set forth herein or provided by law or otherwise.
E. Upon termination of this Lease, or re-entry and re-letting of the Premises as
provided above, the Landlord shall have the unfettered right to enter the Premises or any
part thereof forthwith, without further demand or notice, in the name of the Landlord or
otherwise, without being liable in any manner whatsoever in trespass, damages, or
otherwise. Upon such re-entry, the Tenant does hereby covenant and agree to defend,
indemnify and hold the Landlord harmless from and against any and all loss, costs,
damages, suits and claims, whether in law or in equity, which may be suffered against the
Landlord arising out of any action or inaction of Tenant.The Tenant further agrees to pay
promptly, upon demand, all damages, costs, fees, expenses, charges and reasonable
attorneys' fees and cost incurred by the Landlord as a result of said termination or re-
entry, and all other costs incurred by the Landlord in order to perform the obligations and
covenants of the Tenant hereunder.
F. Receipt and acceptance by Landlord of rent or other charges owing by Tenant
shall not constitute or be deemed to be a release or waiver by Landlord of Landlord's
rights and remedies hereunder, nor a cure of Tenant's default unless (i) the amounts
received are in strict compliance with amounts due to Landlord and represent the full
amount required; and (ii) Tenant is not otherwise subject to an Event of Default under
any of the remaining obligations and requirements imposed upon Tenant by this Lease.
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19. Termination Without Cause
Not withstanding the above, Landlord shall have the right to terminate this Lease without cause,
at any time and for any reason upon giving the Tenant ninety (90) days written notice. The
termination shall be effective as of the date set forth in the termination notice.
20. Force Maieure
Whenever any non-monetary performance is required of Tenant hereunder, then Tenant will be
permitted to effect such performance within the time period provided therefore in this Lease, or
if, for reasons beyond Tenant's reasonable control (including, without limitation, acts of God,
declared or undeclared war, the existence of injunctions or requirements for obtaining licenses,
permits or other compliance with applicable laws,rules and regulations), such performance is not
reasonably possible within such time periods, then the time for such performance shall be
extended until removal of such reasons beyond Tenant's reasonable control, provided that
Tenant commences such performance (or cure) as soon as reasonably possible and diligently
pursues such performance or cure.
21. Bankruptcy of Tenant
To the extent now or hereinafter permitted by applicable law the filing by, or against Tenant of a
petition in bankruptcy or other similar proceedings under law for relief of debtors, or the
involuntary appointment of a receiver, custodian, liquidator, or trustee in bankruptcy of the
Premises and improvements thereon and such petition or petitions is not discharged or vacated
within one hundred twenty (120) calendar days after the filing thereof; or if Tenant becomes
insolvent or unable to pay its debts as they mature or makes an assignment for the benefit of
creditors or request or consents to the appointment of a receiver, custodian, liquidator or trustee
in bankruptcy of any such party's property or files a petition in bankruptcy or other similar
proceedings under law for relief of debtors,then upon the occurrence of any of the above events,
Landlord may, at its option, declare Tenant in default hereunder and immediately give Tenant
written notice of its intention to terminate this Lease.
22. Landlord's Risht to Perform Tenant's Covenants
If the Tenant shall at any time fail to make any payment or perform any other act on its part to be
made or performed, the Landlord, after ten (10) days' notice to the Tenant, except when other
notice or time is expressly provided for in this Lease before there shall have occurred an Event of
Default(or without notice in case of an emergency), and without waiving or releasing the Tenant
from any obligation of the Tenant contained herein, may (but shall not be obligated to) make any
such payments or perform any other act on the Tenant's part to be made or performed as in this
Lease provided, and may enter upon the Premises for any such purpose and take all such action
thereon as may be necessary therefore.All sums paid by the Landlord and all costs and expenses,
including but not limited to, reasonable attorneys' fees, incurred by the Landlord in connection
with the performance of any such act shall constitute additional rent payable by the Tenant on
demand and, until paid, shall be included in any lien for rent due and unpaid.
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including all persons and corporations designated respectively as Landlord or Tenant in the
heading of this instrument wherever the context requires.
29. Attorneys' Fees
Landlord and Tenant each agree to pay to the prevailing party,on demand,all costs and expenses
and reasonable attorneys' fees, including costs and expenses and reasonable attorneys' fees, at all
levels, including bankruptcy and appeal, incurred by the prevailing party with respect to the
enforcement or declaration of any of the rights or remedies or obligations of either of them,
whether arising under this Lease or granted, permitted or imposed by law or otherwise, and with
respect to the collection of any part of said rent or other charges and sums of money herein
reserved or required by either of them to be paid or met.
30. No Partnership
Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of
Tenant's business or otherwise, or a joint venture, or member of a joint enterprise with Tenant.
31. Hazardous Chemicals,Materials and Pollutants
In the event any governmental agency requires monitoring and testing by the Tenant of soils or
waters located on or under the Premises, copies of said reports shall be provided to the Landlord.
Tenant further agrees to indemnify, defend, and hold Landlord harmless from any and all
liability, claims, costs, fines, fees, actions, or sanctions asserted by or on behalf of any person or
governmental authority arising from or in connection with Tenant's use of the Premises, when
Tenant's actions involve the use, misuse, handling, mishandling, storage, spillage, discharge,
seepage into water bodies or the groundwater supply, or release into the atmosphere of any
hazardous materials, pollutant, or contaminant, whether solid, liquid or gas, and whether actual
or alleged except as results from the acts of Landlord. Notwithstanding any other provision of
this Lease, Tenant shall have no obligation or liability with regard to any contamination,
pollution or discharge that occurred or commenced on or under the Premises before Tenant took
possession of the Premises. Tenant shall take all reasonable precautions and safety measures, in
accordance with current technology, to prevent the release of hazardous materials, pollutants,
and contaminants. In the event Tenant learns of the discharge upon the Premises of any
hazardous material, pollutant or contaminant, except those excluded above, Tenant shall: i)
immediately undertake to contain, remove and abate the discharge, and ii) within eight(8) hours,
verbally notify the Landlord of the discharge. The Tenant shall provide the Landlord with a
written report within forty-eight (48) hours. Failure of Tenant to comply with the provisions of
this clause shall constitute a default.
32. Liability of Landlord
Landlord shall not be responsible in any manner for any loss of or damage to the Premises, or
injury to persons resulting from or occurring by reason of any future condition, detect, matter,
thing, action or inaction, or for the acts, omissions or negligence of other persons or Tenant in or
about the Premises, unless said injury or loss results from the acts, omissions or negligence of
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Landlord. Nothing herein shall be construed as a waiver, either in whole or in part of Landlord's
right of sovereign immunity as provided by Section 768.2 8, Florida Statutes, or its successor.
33. Dispute Mediation
Any dispute arising out of this Lease shall be submitted to non-binding mediation by a duly
qualified and certified mediator practicing in the Fifth Judicial Circuit of Florida, and no action
at law or in equity shall be filed in any state or federal court by either party hereto against the
other until such time as the mediator has declared an impasse.
34. Miscellaneous
A. Records. It is expressly understood and acknowledged by Tenant that any records
related to the operation or maintenance of the Premises may be considered public records
pursuant to Florida Law. Tenant covenants that it will comply with all applicable aspects
of Florida's Public Records Act.
B. Tenant Employee Conduct. Tenant personnel shall conduct their actions and
business while on the Premises in accordance with all applicable laws, regulations and
policies established by Tenant for its employees.
C. Written Notice. Written notice shall be given to the Parties at the following
addresses or such other place or other person, as each Party shall designate by similar
notice.
As to Tenant:
lig I 1i� p -Pa 'den+ Ceno * Wa-ertr�o-i
164 OrangeAvenue `l
Clermont, Florida 34711 ? Ve3 end, boa rd J
As to the Landlord:
Darren Gray,City Manager
City of Clermont
685 West Montrose Street
Clermont, Florida 34711
With Copy to:
Daniel F. Mantzaris,City Attorney
deBeaubien, Knight, Simmons, Mantzaris and Neal, LLP
332 N. Magnolia Avenue
Orlando, FL 32802-0087
D. Entire Agreement/Severability. This Lease constitutes the entire agreement
between the Parties with respect to the subject matter contained herein and may not be
amended, modified or rescinded, unless otherwise provided in this Lease, except in
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writing and signed by all parties hereto. Should any provision of this Lease be declared to
be invalid by any act of law or court or administrative determination, the remaining
provisions of this Lease shall remain in full force and effect unless such provision which
is found to be invalid substantially alters the benefits of this Lease for either Party.
IN WITNESS WHEREOF,the Parties hereto have caused this Lease to be executed by their duly
authorized officers, and copies delivered to each Party, as of the day and year first above stated.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the dates noted
below.
Clermont Waterfront Bikes& Boards, Inc. CITY OF CLERMONT, FL
A Florida Municipal Corporation
i� ///
By: t l R IçftOvQ y ,"
V 7) Haro • H.Turvillle,'Jr.,Mayor
Date: i`12— (� Date: Pt LU 13, 2O 13
Witness: ATTEST:
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By: j
Tracy Ackroyd,City Clerk .,—®..
lybti
By: % -.-. . -
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'�Eidtiiiivtl--'`
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EXHIBIT—A
FOOD CONCESSION SERVICES
The City of Clermont is seeking proposals from qualified respondents to enter into a
lease agreement for the provision of operating concession services at Waterfront Park
Successful respondent shall be self contained and may offer for sale items to include
snacks, non-alcoholic beverages, frozen treats and related food items Respondent
shall be responsible for all self contained maintenance, electricity, trash, sewer, water
and other utilities required for adequate operation of the facility. If needed, electricity
and water availability is based on agreed upon final facility location between the
successful respondent and the City
The agreement terms contained in this solicitation shall be part of a final agreement to
be approved by the City Council. Respondents are advised to fully review all terms and
conditions expressed in this solicitation as the contents of that document have
precedence in all regards and will govern the operations of all parties in the provision of
the required services.
It is understood that the City may or may not pursue this option depending on economic
conditions and further study.
The City Reserves The Right To: Block out dates, limit hours of operation, or
authorize other vendors that may compete with the successful respondent as part of
special events taking place at Waterfront Park.
Background Information: Clermont's Waterfront Park covers approximately sixteen
(16) acres and is located along Lake Minneola situated between East Avenue and Eight
Street. The park amenities include a paved trail used by walkers and bikers and alike.
There are playgrounds, restroom facilities, picnic areas, beach front swim area and
fishing piers. The Waterfront Park serves as host to a variety of activities throughout
the year including The Great Florida Triathlon and Pig on the Pond to name a few
Operating Hours: The concession(s) may be open at all appropriate times during
regular park hours from dawn to dusk Required hours of operation by the City include
Weekly
Weekends Weekends Weekly Lake County
Jan — May Sep — Dec Jun —Aug Schools Spring
Break
900AM 900AM 9.00AM 900AM
To To To To
4 00 PM 4.00 PM 4 00 PM 4 00 PM
Vendor may request authorization from the City fifteen (15) calendar days in advance to
stay open later on special occasions and holidays
Page 1 of 3
EXHIBIT—A
FOOD CONCESSION SERVICES
Maintenance: Successful respondent shall be responsible for the following
• Keeping the concession area neat, clean and in good repair,
• Removing concession-related refuse daily,
• Arranging seating area and cleaning-up spills;
• Sweeping, mopping and cleaning the public area of the concession nightly,
• Continued daily maintenance of food preparation. Operator shall not allow
boxes, cartons, barrels or similar items to be in the view of the public;
• Evaluation of maintenance compliance will be at the City's sole discretion If
found to be in default, the City will issue a letter of non-compliance The vendor
will have two (2) working days to correct non-compliance items. If not corrected,
vendor will be considered in breach of contract
Health Standards: Successful respondent shall meet all State, County and local health
code and acquire all necessary permits and licenses
Employee Standards: Successful respondent shall ensure a staff that is fully
responsible for all on-site operations to include but not limited to
• Courteous service and friendly,
• To recruit, train, supervise and direct its employees in additions to having a
number of employees to match the work requirements,
• Every employee will be clean and well groomed and be professional and friendly
to the public Each employee shall have required health examinations before
employment at the concession.
Menu and Pricing: Successful respondent should be willing to experiment with various
menus to determine what works best.
• Respondent shall charge reasonable prices for all food and beverages The City
reserves the right to review and approve menu items, as well as the prices to
make sure they are fair and reasonable
• Only the highest quality of food and drinks shall be sold in the concession
• There will be no sale or dispending of alcoholic beverages, tobacco products, or
any other item that is not in consonance with general community standards
Page 2 of 3
EXHIBIT—A
FOOD CONCESSION SERVICES
Proposal Requirements: Any and all offers must include the following
• Operating Plan Proposals must include a staffing and operational plan to
address the items listed in the statement of work This operational plan must
also address procedures and methods that will ensure outstanding customer
service to the customer of the concession at Waterfront Park.
• Financial Plan: Proposal must include a five (5) year financial plan consisting of,
but not limited to proforma (forecasted) income statement, balance sheet and
statement of cash flows.
• Marketing Plan: Proposals must include a marketing plan indicating services to
be provided, pricing of services, target markets, proposed marketing budget,
advertising campaign, promotions to be offered or any marketing related
activities
• Financial Solvency: Please note that selected respondent(s) with highest score
will be asked to provide proof of financial solvency, which may include providing
copies of financial statements, tax records, sworn statements, and/or any other
relevant documents. All information will be kept confidential.
Background Checks: Successful respondent shall provide, at their expense, a 2-year
Florida Department of Law Enforcement (FDLE) Level 1 background check for any and
all employees of the successful respondent involved in the performance of this contract
on the City of Clermont property within, ten (10) business days following contract
execution and, in the event of employee changes, throughout the term of the contract
Documentation must be submitted to the Parks and Recreation Director
Page 3 of 3
EXHIBIT—A
RECREATION RENTAL SERVICES
The City of Clermont is seeking proposals from qualified respondents to enter into a
lease agreement for water recreation rental operations at Waterfront Park The
premises shall be used for purposes consistent with related marine use such as canoe,
kayak, sail boat, and other non motorized equipment Successful respondent shall be
self contained and may offer rental of non motorized land recreation equipment such as
bicycles Respondent shall be responsible for all self contained maintenance,
electricity, trash, sewer, water and other utilities required for adequate operation of the
facility. Electricity and water availability is based on agreed upon final facility location
between the successful respondent and the City
Vendor shall furnish all necessary labor and equipment for the operations and provide
rental preparations as requested by the customers Shall also be responsible for the
collection of all rental fees, contracts and records for the rental operation
The agreement terms contained in this solicitation shall be part of a final agreement to
be approved by the City Council. Respondents are advised to fully review all terms and
conditions expressed in the solicitation as the contents of that document have
precedence in all regards and will govern the operations of all parties in the provision of
the required services
It is understood that the City may or may not pursue this option depending on economic
conditions and further study.
The City Reserves The Right To: Block out dates, limit hours of operation, or
authorize other vendors that may compete with the successful respondent as a result of
special events taking place at Waterfront Park
Background Information: Clermont's Waterfront Park covers approximately sixteen
(16) acres and is located along Lake Minneola situated between East Avenue and Eight
Street. The park amenities include a paved trail used by walkers and bikers and alike
There are playgrounds, restroom facilities, picnic areas, beach front swim area and
fishing piers The Waterfront Park serves as host to a variety of activities throughout
the year including The Great Florida Triathlon and Pig on the Pond to name a few
Operating Hours: The concession(s) may be open at all appropriate times during
regular park hours from dawn to dusk Required hours of operation by the City include
Page 1 of 3
EXHIBIT—A
RECREATION RENTAL SERVICES
Weekly
Weekends Weekends Weekly Lake County
Jan. — May Sep. — Dec. Jun —Aug Schools Spring
Break
900AM. 900 A.M. 900A.M 9.00AM
To To To To
4 00 PM 4.00 PM 4.00 PM 4.00 PM
Vendor may request authorization from the City fifteen (15) calendar days in advance to
stay open later on special occasions and holidays.
Equipment Rentals: Rentals may include bicycles, canoe, kayak, paddle board, sail
boat, and other non motorized equipment The following requirements for water
recreation rental services shall be followed:
• Vendor shall be in compliance with all requirements of Florida Statutes 327 and
328 and State of Florida Boating Safety Laws, and any amendments or additions
thereto. Vessel registrations shall be provided by the successful respondent.
• All rental items must be properly insured (See Section A-12)
• All rental items must be in good working order and pass inspection prior to being
placed on the water or onto the bike trail and roadways.
Maintenance: Successful respondent shall be responsible for the following
• Keeping the staging area neat, clean and in good standing,
• Removing rental-related refuse to the dumpster daily,
• Arranging seating area (if applicable);
• Sweeping, mopping and cleaning the public area surrounding the staging area
daily upon completion of usage,
• Not allow boxes, cartons, barrels or similar items to be in the view of the public,
• Evaluation of maintenance compliance will be at the City's sole discretion If
found to be in default, the City will issue a letter of non-compliance The vendor
will have two (2) working days to correct non-compliance items If not corrected,
vendor will be considered in breach of contract.
Employee Standards: Successful respondent shall ensure a staff that is fully
responsible for all on-site operations to include but not limited to.
• Courteous service and friendly;
Page 2 of 3
EXHIBIT—A
RECREATION RENTAL SERVICES
• To recruit, train, supervise and direct its employees in additions to having a
number of employees to match the work requirements,
• Every employee will be clean and well groomed and be professional and friendly
to the public. Each employee shall have required health examinations before
employment at the concession
Rental Inspection/Pricing: Respondent shall charge reasonable prices for all rental
services. The City reserves the right, but shall not have the obligation, to inspect rental
equipment to make sure assure its safety to the public as well as the prices to make
sure they are fair and reasonable
• There will be no sale or dispending of alcoholic beverages, tobacco products, or
any other item that is not in consonance with general community standards
Proposal Requirements: Any and all offers must include the following
• Operating Plan: Proposals must include a staffing and operational plan to
address the items listed in the statement'of work This operational plan must
also address procedures and methods that will ensure outstanding customer
service to the customer of the concession at Waterfront Park
• Financial Plan. Proposal must include a five (5) year financial plan consisting of,
but not limited to proforma (forecasted) income statement, balance sheet and
statement of cash flows.
• Marketing Plan. Proposals must include a marketing plan indicating services to
be provided, pricing of services, target markets, proposed marketing budget,
advertising campaign, promotions to be offered or any marketing related
activities
• Financial Solvency. Please note that selected respondent(s) with highest score
will be asked to provide proof of financial solvency, which may include providing
copies of financial statements, tax records, sworn statements, and/or any other
relevant documents. All information will be kept confidential
Background Checks: Successful respondent shall provide, at their expense, a 2-year
Florida Department of Law Enforcement (FDLE) Level 1 background check for any and
all employees of the successful respondent involved in the performance of this contract
on the City of Clermont property within ten (10) business days following contract
execution and, in the event of employee changes, throughout the term of the contract
Documentation must be submitted to the Parks and Recreation Director
Page 3 of 3