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Fort Walton Beach Resolution — 80-62-Golf Course Concession Lease-Makow — reading text

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c o RESOLUTION NO. 80- 62 A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF FORT WALTON BEACH, FLORIDA TO EXERCISE A LEASE RENEWAL WITH NICHOLAS MAKOW, PROVIDING THE EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION I. That the City Manager on behalf of the City of Fort Walton Beach is hereby authorized to execute the attached lease renewal with Nicholas Makow. SECTION II. That this resolution being of an administrative nature shall take full force and effect immedi- ately upon its passage and approval by the Mayor. ADOPTED O 19?' A/~ / J~~ City Clerk Reviewed and approved by the City Attorney which shall be legal when enacted by the City Council_ of the City of Fort Walton Beach, Florida. WALTER J. SMITH City Attorney This instrum~ prepared by Walter J. S~ h, Esquire P. o. Box 2379, Fort Walton Beach, FL 32549 LEASE COMES NOW the CITY OF FORT \\ TALTON BEACH, hereinafter referred to as the " LESSOR," and NICHOLAS MAKOW, hereinafter referred to as the " LESSEE," and in consideration of the mutual covenants made by either party, they hereby agree as follows: l. The Lessor hereby grants to the Lessee the right to use a portion of the land the Lessor owns and uses for a golf course for the purpose of permitting the Lessee to establish a facility for the preparation and serving of such foods as sand- wiches, coffee and cold drinks. 2. That the Lessee shall operate the facility in accordance with all City, County, and State regulations per- taining to the handling of food, and including installation of restroom facilities. 3. The term of this agreement for permitting Lessee to operate a concession shall be for a period of five ( 5) years from the date hereof. 4. That no rent shall be paid by the Lessee to the Lessor. 5. Each party shall have the right to terminate this agreement by giving six ( 6) months written notice thereof to the other. 6. Thefucilities shall be operated in accordance with the bid response of the Lessee as attached to the original lease dated July 18, 1974. The Lessee shall connect to and use City sewer, water, and electric power at the golf course, and the Lessee shall be responsible for all utility bills incurred by the Lessee. 7. No liquor or alcoholic beverages shall be sold on the at time, with the exception that alcoholic malt bever- premises any ages, such as beer, may be sold on the premises, but only during the hours established for the operation of the Fort Walton Beach Municipal Golf Course. 8. The facilities shall be kept in a sanitary condition at all times. i c o 9. Lessee shall pay any taxes of any nature imposed upon the of the land it occupies if any tax is imposed. facility Lessee or lO. In the event the Lessee fails to comply with the provisions of this agreement within ten ( lO) days written notice the performance required, then the Lessor from the Lessor specifying may terminate this agreement. have hereunto set our hands IN WITNESS WHEREOF, the parties and seals this day of 19 CITY OF FORT WALTON BEACH, Lessor WITNESSES: BY: L. S. ) City Manager ATTEST: L. S.) City Clerk L. S.) NICHOLAS MAKOW, Lessee

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