1982-22
WEST BEACH CONCESSION AGREEMENT
1. PARTIES:
This Agreement is made as of the 22nd day of June, 1982, between the CITY
OF CLERMONT, hereinafter termed "CITY", and Alice Jones Plummer Concessions
hereinafter termed "LESSEE".
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2. DESCRIPTION AND FEES:
The only property subject to the terms and provisions of this Agreement shall
be WEST BEACH on Twelfth Street (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 AND NO/lOO DOLLAR ($1.00) for each full calendar month in which the food and
drink concession is operated.
3. TERMS OF LEASE:
A. The term of this Agreement shall be from June 23, 1982, to September 30,
1982.
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B. Nothing in this Agreement shall be interpreted to grant the LESSEE an
exclusive right to sell food and beverages in the beach area. 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:
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Either party may cancel this Lease upon giving the other par,ty ten (10) 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 take possession of said facilities
identified herein.
5. USE OF PREMISES:
A. The LESSEE shall use only one vehicle at the beach as a food and drink
concession, 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
government. No food, drink, or other materials may be sold in glass bottles.
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 food and drink concession only during
daylight hours.
LEONARD H. BAIRD, JR., ATTORNEY AT LAW, P.O. DRAWER 1066, CLERMONT, FLORIDA 32711
(2) The' LESSEE shall serve only food such as sandwiches and snack foods and
nonalcoholic beverages such as soft drinks. It is expressly understood that no alcoholic
beverages will be sold or consumed on the premises at any time.
(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.
The LESSEE further agrees to clean the public restrooms located at WEST BEACH, and
clean the beach of any trash every day that the concession is operated at the beach.
The LESSEE must clean the beach and restrooms at least once a week.
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
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.
7. INSURANCE:
The LESSEE shall maintain adequate public casualty insurance in the amount of
TEN THOUSAND AND NO/lOO DOLLARS ($10,000.00) per accident. The LESSEE, shall
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provide certificates evidencing all such insurance to the CITY prior to opening a
concession at the beach.
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 degreee, extent, or manner whatsoever, be considered as
having any interest herein, either as a joint enterprise, employer, or agency relatioTI~~~~
The LESSEE shall hold the CITY harmless against any and all claims, demands, suits,
judgments and expenses by any persons resulting from the LESSEE'S operations hereunder;
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LEONARD H, BAIRD, JR.. ATTORNEY AT LAW, P,O. DRAWER 1066, CLERMONT, FLORIDA 32711
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or sustained in or upon the leased premises, or as a result of anything claimed.
Executed at Clermont, Florida, on the
I
JI/t,y
, 1982.
day of
Signed in the presence of:
CITY OF CLERMONI ~. .7 ·
B~ ~
J .. ES M. HOSKIN ON, Mayor
ATTEST:
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"LESSEE"
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LEONARD H, BAIRD, JR.. ATTORNEY AT LAW, P.O. DRAWER 1066, CLERMONT, FLORIDA 32711