10/15/1997 Lease
LEASE AGREEMENT
THIS LEASE is made and entered into on the 15th day of October, 1997, by and
between MONROE COUNTY, a political subdivision ofthe State of Florida hereinafter referred
to as "Lessor", and DOUGLAS R. BAETZ, an individual, hereinafter referred to as "Lessee",
whose address is 1101 Casa Marina Court, Key West, Florida, which expression shall include the
heirs, executors, administrators and assigns of the Lessee when the context so admits3: 0 CJ cD
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WHEREAS, the Lessor desires to grant to Lessee a non-exclusive right to maftlta'fu :and :z
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operate a concession on the beach for the purpose of renting beach chairs and umbreQis ~ ~he =
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WHEREAS, the Lessor and Lessee desire, in connection with s~d operation~to prQyid~
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for the leasing by Lessor to Lessee of certain space at Clarence S. Higgs Memorial ~ch; r""; tD
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NOW, THEREFORE, in consideration of the mutual covenants, promises anttpremises ~
herein contained, the parties hereto agree as follows:
1. PREMISES: The Lessor of these premises leases unto the Lessee a portion of
Clarence S. Higgs Memorial Beach, Key West, Florida as evidenced by area marked "Premises"
on the attached drawing marked Exhibit "A", which is attached hereto and made a part hereof.
2. TERM: This agreement is for a term of three (3) years, commencing January
8, 1998 and expiring on January 7,2001, unless earlier terminated pursuant to provisions of this
agreement or operation of law.
3. RENTAL AND FEES: In return for the privilege of using the designated
portion of Clarence S. Higgs Memorial Beach, Lessee will make monthly payments of rent to
Lessor equal to ten percent (10%) of its total gross proceeds or one hundred fifty dollars ($150)
per month, whichever is greater. Payment shall be made on or before the fifteenth day of each
month following the month for which payment is due.
4. ACCOUNTING PROCEDURES: Lessee shall follow Generally Accepted
Accounting procedures in accounting for the revenues and expenses of the concession. Lessee
agrees that it will make available to Lessor, a full complete book of accounts and other records
pertaining to the sales and expenses on the leased space. The Lessor, acting through its Finance
Director or other authorized representative, shall upon reasonable notice, have the right to
Inspect and audit said records. Said records shall be retained by Lessee for at least three years
following termination of this agreement.
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5. OTHER DEVELOPMENT: Lessor reserves the right to further develop or
improve Clarence S. Higgs Memorial Beach as it sees fit, regardless of the desires or views of
the Lessee.
6. LESSEE'S OBLIGATION: Lessee covenants and agrees:
(a) To pay the Lessor the rent at the times and in the manner provided for by
this lease.
(b) To continue to maintain current City and County Occupational Licenses,
as required, during the period of the lease.
(c) That Lessee's concession will not interfere with beach cleaning.
(d) Lessee will conduct its operations in a bussiness like manner at all times,
and will keep the leased premises free of trash and will pick up, on a daily basis, the trash and
debris left in the area of the concession by the public.
(e) All rental equipment will be maintained in good working condition.
(f) To make no improper or unlawful or offensive use of said premises, and
to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the
purpose of viewing the condition thereof.
7. LESSOR'S OBLIGATIONS: Lessor covenants and agrees:
(a) Lessee shall be permitted to use a portable rental stand or maintain a
booth 6x8 feet for operation of the concession only if Lessee obtains, prior to placement or
erection, written approval from Lessor's Director of Public Works for the structure to be so
placed or erected. Lessor's Director shall consider nearby structures, beach access, public safety,
and usefulness for concession purposes in determining whether to permit the structure to be
placed or erected on the premises. Upon termination of this lease, or an extension hereof, Lessee
shall remove said structure and return the premises to the condition at the beginning of the lease
term. Should Lessee fail to remove the structure within thirty (30) days of lease termination,
Lessor shall have the right to remove said structure and charge Lessee for the costs of removal,
or to retain said structure for its own use.
(b) Lessor is the lawful owner of the property demised hereby, that it has
lawful possession thereof, and has good and lawful authority to execute this lease; and
(c) Throughout the term hereof Lessee may have, hold and enjoy peaceful
and uninterrupted possession of the premises and rights herein leased and granted, subject to
performance by Lessor of its obligations herein.
8. INDEMNIFICA TION/HOLD HARMLESS/INSURANCE:
(a) The Lessee agrees to indemnify and hold the Lessor free and harmless
from any and all claims, suits, loss or damage, or injury to persons or property (including
property owned by Lessor) and any other losses, damages, and expenses, including attorney's
fees, which arise out of, in connection with, or by reason of the Lessee utilizing the property
governed by the lease agreement. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement.
(b) The Lessee shall procure and maintain Commercial General Liability-
Coverage must include:
(1) $500,000 combined single limit
(2) Additional Insured - Monroe County is to specifically be
included as an additional insured.
9. NON-DISCRIMINATION: Lessee shall furnish all services authorized under
this agreement on a fair, equal and non-discriminatory basis to all persons or users thereof,
charging fair, reasonable, and non-discriminatory prices for all items which it is permitted to sell
or render under this agreement.
10. TERMINATION: Either party may terminate this lease, with or without cause,
upon giving the other party written notice of termination at least sixty (60) days prior to the
effective date of termination.
11. ASSIGNMENT AND SUBLETTING: Lessee shall not assign or sublet this
agreement without prior written consent of Lessor, nor permit any transfer by operation of law of
Lessee's interest. All terms of this Agreement shall bind any assignees or sublessees.
12. OTHER USE: Lessee shall not use or permit the use of the demised premises
or any part thereof for any purpose or use other than as authorized by this agreement.
13. NOTICES: Any notice of communication from either party to the other
pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with
proper postage and registration fees prepaid, addressed to the party for whom intended, at the
following address:
For Lessor:
Monroe County Public Works Facilities Maintenance
3583 South Roosevelt Boulevard
Key West, Florida 33040
Lessee: Douglas R. Baetz
1101 Casa Marina Court
Key West, Florida 33040
or to such other address as the party being given such notice shall from time to time designate to
the other by notice given in accordance herewith.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by
their respective officer or representative thereunto duly authorized, the day and year first above
written
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(SEAL)
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ATIEST: 'DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
~ol.u.Qc. ~~~
Deputy Clerk
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