§ 668.104. Lease agreement.

Each person to whom a sky box is assigned shall have ten days from the date of assignment to execute the lease agreement required by this Chapter. Any person who fails to do so shall forfeit the deposit (if any was given) to the City and shall not be entitled to lease a sky box except after participation in another drawing under this Chapter. A lease agreement shall contain at least the following terms and conditions:

(a)

The lease shall be for a three-year period commencing on October 1 and ending on the third September 30 following and, at the end of the term, the lessee shall have the right of first refusal to renew the lease agreement under the terms and conditions and for the rental amount as determined by the Council upon written notification to the Director within 60 days from the date the Council, by ordinance, determines the terms and conditions and annual rental amount for renewal, but in no event later than August 1 in the year the lease agreement terminates.

(b)

The lessee shall be entitled to use, occupy and possess the sky box for personal viewing of events in the Gator Bowl by the lessee and his guests for such hours or period of time with respect to each event as the Director specifies.

(c)

The annual rental payments shall be due and payable on the first day of each year of the rental term, or at such other time as may be specified in the lease agreement.

(d)

The lessee shall be entitled, as a part of the rental payment and at no additional charge, to have and use not exceeding three automobile parking spaces in a parking area or areas designated by the General Manager for such events as the lessee or his guests may attend.

(e)

The sky box will include water, a cold-water sink, heating, air conditioning, lighting, at least two electrical outlets and a telephone jack, all to be provided as a part of the rental payment, but the lessee shall be responsible for and pay all telephone installation, service and use charges.

(f)

The sky box will be decorated and furnished by the lessee at his sole cost and expense in accordance with a choice of plans and color schemes to be made available by the City, but all improvements, alterations, repairs and decorative additions (exclusive of personal property which has not been attached to or incorporated into the sky box) shall become the property of the City immediately upon the termination or expiration of the lease.

(g)

The lessee shall indemnify, defend and hold the City harmless from and against any claims, suits, judgments, settlements, damages, expenses and costs for personal injury or property damage resulting from or in connection with any act or omission occurring in the sky box or any breach of the lease, by the lessee or his guests, and the lessee shall maintain and submit upon the execution of the lease agreement a certificate of insurance acceptable to the City.

(h)

The lessee shall be required to purchase a ticket for each seat in his sky box for every professional or college athletic event held in the Gator Bowl, up to a maximum of four athletic events in any one rental year, whether attending any event or not. For all other events held in the Gator Bowl, a ticket shall be purchased by the lessee for each person attending the event and sitting in the sky box. Ticket prices for sky box seating shall be determined by the Gator Bowl lessee for each event, but in no case shall be more than the highest priced ticket for such event for other seats at the Gator Bowl and shall not be sold to anyone other than the sky box lessee or his authorized agents.

(Ord. 82-816-376, § 1; Ord. 82-984-415, § 1; Ord. 83-591-400, § 1)

Note— Former § 252.104.