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002-Band Shell Pier and Boat Basin.. LEASE AGREEMENT . m J, THIS LEASE AGREEMENT, executed in duplicate at Sanford, Seminole County, Florida, this 62 day of October , A. D. 1961, by and between the CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter called Lessor, and JACK TRIM, of Sanford, Florida, and W. EARL DOWNS, of Orlando, Orange County, Florida, herein- after called Lessee. The terms "Lessor" and "Lessee" wherever used the singular number shall include the plural and, the plural the singular, and the use of any gender shall include all genders. WITNESSE TH: That Lessor hereby leases to the Lessee and Lessee hereby leases from Lessor the following described premises, to -wit: That certain municipal pier lying at the North terminal of Park Avenue, thence along the North side of Seminole Boulevard to and including that certain pier known as Clyde Dock lying at approximately the North terminal of Palmetto Avenue, together with any riparian rights or interests which the Lessor may have in and about the above described premises. The term of said lease shall be for a period of twenty (20) years commencing on the lst day of Nove , A. D. 1961, and ending on the 1st day of 0`c:t_obe A. D. 1981, during which said term the Lessee shall pay to the Lessor the sum of One and No/ 100 ($1. 00) Dollars per year for the first two (2) years, thereafter the Lessee shall pay to the Lessor a minimum yearly rental of Three Thousand and No /100 ($3, 000. 00) Dollars payable quarterly in equal quarterly installments of Seven Hundred Fifty and No /100 ($750. 00) Dollars each, or shall pay to Lessor a sum equal to two (216) per cent of the yearly gross receipts of the business done by Lessee on the demised premises, whichever sum shall be thegreater, said rental amount shall be payable at the place which the Lessor shall designate in writing. COVENANTS OF LESSEE: 1. The Lessee does hereby covenant and agree with the Lessor that they will: (a) Pay said rental at the times and place and in the manner aforesaid. (b) Use and occupy said premises in a careful and proper manner. (c) Not commit any waste therein, reasonable wear and tear excepted. -1- (d) Not use or occupy said premises for any unlawful purpose; and will conform to and obey all present and future laws and ordinances, and all rules, regulations, require- ments and orders of all governmental authorities and agencies, respecting the use and occupation of the demised premises. (e) Not assign this lease, nor underlet or sublet said premises, nor any part thereof, without the written consent of the Lessor, provided, however, such consent shall not be unreasonably withheld. (f) Not use or occupy said premises, or permit the same to be used or occupied, for any purpose or business deemed extra - hazardous on account of fire or otherwise. (g) Leave the premises at the expiration or prior termination of this lease or any renewal or extension thereof, in as good condition as received or in which they may be put by the Lessor, excepting reasonable wear and tear and damage arising from the negligence and default of the Lessor or its agents or em- ployees. (h) Permit the Lessor to enter upon said premises at all reasonable times to examine the condition of the same. (i) Indemnify and save the Lessor harmless from and against any loss, damage or liability occasioned by, growing out of, or arising or resulting from any default hereunder, or any tortious or negligent act on the part of the Lessee, his agents or employees. (j) Carry public liability insurance in a policy or policies which shall name the Lessor and the Lessee as the parties insured thereby in limits not less than One Hundred Thousand and No /100 ($100, 000. 00) Dollars to cover the claim and damage of any single claimant and in not less than Three Hundred Thousand and No /100 ($300, 000. 00) Dollars to cover more than a single claim that may arise from a single accident, and said policy or policies shall carry an endorsement protecting the Lessor as its liability may appear; Lessee also agrees to carry fire and extended coverage insurance on the leased premises in the amount of and not less than Five Thousand and No /100 ($5, 000. 00) Dollars. (k) Will pay when due all real and personal property taxes and all special assessments which shall, during the term of this lease be charged, assessed or imposed upon the said demised premises including appurtenances and improvements thereto. (1) Furnish to Lessor accounting statements of the operation conducted upon the premises corresponding with Lessee's accounting periods; in any event Lessor shall have the right to inspect Lessee's books and records at all reasonable times, which said books and records Lessee covenants to keep. - 2 - COVENANTS OF LESSOR 2. And the Lessor on its part covenants and agrees with the Lessee that it will: (a) Indemnify and save the Lessee harmless from and against any loss, damage and liability occasioned by, growing out of, or arising or resulting from any default hereunder or any tortious or negligent act on the part of the Lessor, the Lessor's agents or employees. MUTUAL COVENANTS 3. It is mutually agreed by and between Lessor and the Lessee that: (a) The Lessee shall have the exclusive right and option to renew and extend this lease for a further term of twenty (20) years commencing at the expiration of the original twenty (20) year term, under terms and conditions to be negotiated by the parties. It is understood and agreed by and between the parties that upon the failure of the parties to negotiate an agreement, then and in that event, the terms and conditions shall be fixed by unbiased arbitrators not less than three in number. (b) That the Lessee shall have the first refusal to lease that certain city property North of Seminole Boulevard lying approximately 238 feet west of the municipal pier, which said first refusal shall be exercised if at all within three (3) years of the execution of this lease agreement. (c) That the Lessee shall within one year of the execution of this lease construct certain buildings and /or facilities according to the plans and specifications which said plans and specifications must first be approved by the City of Sanford, Florida. (d) The Lessee shall have the right and obligation to construct, operate and maintain a boat marina upon the demised premises which said right shall include but not be limited to the operation and maintaining of a boat launching ramp; dockage for boats, the sale of gas, oil and other marine supplies; the sale of fishing tackle, bait, souvenirs and small clothing items used in boating; the maintenance and operation of a boat rental service and the operation and maintenance of showers, toilet facilities and a laundromat for boaters. (e) The Lessee shall have the right to construct and operate a bar and restaurant upon the demised premises. (f) The Lessee shall have the right to organize, charter, operate and maintain a yacht club upon the demised premises in accordance with the laws, regulations of such organizations. - 3 - (g) The Lessee shall at all times operate and maintain the demised premises, and all appurtenances and improve- ments thereto, in such a manner as to make it a civic asset as well as a safe place for boating activities. (h) All equipment of whatsoever nature as shall have been installed on the demised premises shall continue to be the property of the Lessee and may be removed by him at the expiration or termination thereof, provided, however, the Lessee shall at his own expense repair any injury to the premises resulting from such removal, all permanent fixtures shall become the property of the Lessor upon the termination of the lease term or any renewal thereof. All sheds, docks, floating wharves, or any other structures or apparatus incidental to the mooring, housing and storage of boats are hereby classified as permanent fixtures. (i) If the Lessee shall pay the rent as herein provided and shall keep, observe and perform all of the other covenants of this lease by him to be kept, performed and observed, the Lessee shall and may, peaceably and quietly, have, hold and enjoy the said demised premises for the term aforesaid. (j) That if the Lessee shall at any time be in default in the payment of rent herein reserved or in the perfor- mance of any of the covenants, terms, conditions and provisions of this lease and the Lessee shall fail to remedy such default within 60 days after written notice thereof from the Lessor; or if the Lessee shall be adjudged a bankrupt, or shall make an assignment for the benefit of creditors, or if a receiver of any property of the Lessee in or upon said premises be appointed in any action, suit or proceeding by or against the Lessee, or if the interest of the Lessee in said premises shall be sold under execution or other legal process, it shall be lawful for the Lessor to enter upon said premises, and again have, repossess and enjoy the same as if this lease had not been made, and thereupon this lease and everything herein contained on the part of the Lessor to be done and performed shall cease and determine, without prejudice however to the right of the Lessor to recover from the Lessee all rent due up to the time of such entry. (k) The Lessee shall construct, operate and maintain a free public boat launching ramp upon the demised premises. (1) The Lessor shall not lease to any person, or corporation which is engaged in or is contemplating engaging in a business or enterprise deemed competitive to that of the Lessee, any of the following described property: Any property owned or controlled by the City of Sanford, Florida, located along the North side of Seminole Boulevard and located within 600 feet of the centerline of the municipal pier. - 4 - (m) The Lessee shall not erect or permit to be erected upon the demised premises, any display or advertising material without having first secured the approval of same from the Lessor. That this agreement shall enure to the benefit of and be binding upon the heirs, executors, administrators, assigns and successors of the respective parties hereunto. IN WITNESS WHEREOF the Lessor, City of Sanford, Florida, a municipal corporation, has caused there presents to be signed in its name by its Mayor and its corporate seal to be affixed attested by its Clerk, and the Lessee, Jack Trim and W. Earl Downs, have hereunto set their hands and seals the day and year first above written. CITY OF SANFORD, F1 PRIDA. By: Its Mayor v (Seal) Attest: Cle �. Lessor Signed, sealed and delivered in the presence of: (- 14 r ) '21 / � s to Lessor 'r � As to Jack Trim, Lessee r vw1 (SEAL) J Trim, Lessee 7 , (SEAL) W. Earl Downs r y As to W. Earl owns, Lessee - 5 - STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day before me personally appeared JOE B. BAKER and HENRY TAMM, JR. , Mayor and Clerk respectively of City of Sanford, Florida, a municipal corporation under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument and who acknowledged the execution thereof to be their free act and deed as such officers, for the uses and purposes mentioned therein, and that as such officers they are fully authorized and empowered so to do; and that they affixed thereto the official seal of City of Sanford, Florida, a municipal corporation and the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Sanford, County '4 � of _Seminole and State of Florida, this the C� day of l e �, A. D. 1961. otary Public, State of Florida My Commission Expires: id—,2_61 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day before me personally appeared JACK TRIM, who being by me first duly sworn says that he is the person described in and who executed the foregoing instrument, and that he executed same freely and voluntarily for the uses and purposes therein mentioned. WITNESS my hand and official seal at.�nford, Coun o f S minole and State of Florida, this the �; day C f ;1, A. D. 1961. Notary Public, State of Florida My Commission Expires: STATE OFF 0 ID COUNTY OF I HEREBY CERITFY that on this day before me personally appeared W. EARL DOWNS, who being by me first duly sworn says that he the person described in and who executed the foregoing instrument, and that he executed same freely and voluntarily for the uses and purposes therein mentioned. WITNESS my hand and official seal at Sanford, County of Seminole and State of Florida, this the -C;�- day of r c ^ -� A. D. 1961. 4"':" �1 -� - P't'l-c(I'1D Notary Public, State of Florida My Commission Expires: