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1983-09 83-09 JAYCEE BEACH HOUSE CONCESSION AGREEMENT 1. PARTIES: This Agreement is made as of the 26th day of April between the CITY OF CLERMONT, hereinafter termed "CITY", AND , 1983 Kyle E. Woodard , 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 (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 One Hundred and Seventy-Five Dollars ($175) for each full calendar month in which the snack bar/restaurant is operated. For any month in which the snack barf restaurant is not required to be operated.the full month, Five Dollars and Eighty-Five Cents ($5.85) will be paid to the CITY for each d,ay of operation, not to exceed One Hundred and Seventy-Five Dollars ($175) 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 23, 1983 to May 22, 1984, and the parties agree that if the LESSEE shall perform all obliga- tions, covenants and agreements to be performed by him under the provi- sions 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 Paragraph Two 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 bever- ages 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 immediat- ely reenter and retake possession of said facilities identified herein. 5. USE OF PREMISES: ~ A. The LESSEE shall use and occupy the premises solely as a snack bar/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, and Local Governments. B. It is further understood and agreed by the LESSEE that thi's Agree- ment is subject to the following conditions: (11 The LESSEE shall operate the.snack bar/restaurant between Memorial Day and Labor Day each year with food service open at le'ast from 10:00 a.m. to 4:00 p.m. weekdays, 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. The snack bar may not be open earlier than Memorial Day or after Labor Day without prior City Council approval. . (21 The LESSEE shall serve food such as sandwiches and snack foods and non-alcoholic 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 bar/restaurant.. LESSEE 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 requirements of law. (41 The LESSEE shall maintain 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 quit and 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 dis- criminate 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 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 permis- sion 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 in- jury to the premises, shall become the property of the CITY upon installa- tion. 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/IOO DOLLARS ($100,000) per accident. The LESSEE, shall, by January 1st of each year, provide certificates evi- . dencing 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 indepen- dent 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, 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. 26th day of April Executed at Clermont, Florida, on the 1983. Signed in the presence of: . . ~J 71. ~amdt ~, ATTEST: ~~ Clerk THE CITY OF CLERMONT ~ 13. rJ~ BY: "CITY" 2f' c. iJ /177>71.-. ~ "L SEE" CITY OF CLERMONT P.O. BOX 219. CLERMONT, FLORIDA 32711 . PHONE 904/394-4081 April 28, 1983 Mr. Kyle Woodard Route 2 - Box 165A Webster, FL 33597 . Dear Mr. Woodard: Congratulations on being awarded the lease for the Jaycee Beach Concession Stand. Enclosed is your copy of the lease agreement. This letter is to clarify three items of the agreement which were adopted by the City Council during the April 26, 1983 meeting. The three items are as follows: 1. The City will supply a reasonable amount of toilet tissue and cleaning supplies for the restrooms. Please contact Mr. Bob Smythe at 394-3350 for the supplies. 2. You may operate the Concession Stand for special events before Memorial Day and after Labor Day, but you must notify the City Manager's office whenever the building is being used. 3. The City will repair the flashing on the roof as soon as possible. Rental fees are due by the first of the month and must be paid in advance. Thank you for your consideration. If you have any questions, please feel free to contact me. Sincerely, CITY OF CLERMONT _ /J ~~O. r~/'~ GEORGE D. FORBES . City Manager GDF/jrnb . Enclosure I