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1. 01/14/1998 Agreement .. 1Dannp 'I.. Itolbagt "', BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA TIfON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Dent Pierce Director of Public Works Ruth Ann Jantzen, Deputy Clerk .lK4j, FROM: DATE: February 26, 1998 ------------------------------------------------------------------------------------------------------------------------ On January 14, 1998, the Board of County Commissioners granted approval and authorized execution of a Lease Agreement between Monroe County and Tropical Sailboats, Inc., for sailboatlsailboard rentals at Higgs Beach for monthly payments of rent to Menroe County equal to ten percent (10%) of its total gross proceeds or a minimum payment of $300.00 per month, whichever is greater. Enclosed please find a fully executed duplicate original of the above Lease Agreement for return tQ Tropical Sailboats. If you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, wlo document File ~ <Q LEASE This lease, entered into on the 14th day of January, 1998, by and between the Board of County Commissioners, Monroe County, Florida (Lessor) and Tropical Sailboats, Inc., a Florida Corporation, 1414 Yon Phister Street, Key West, Florida (Lessee), which expression shall include the heirs, executors, administrators and assigns of the Lessee when the context so admits. This lease evidences the grants, covenants an<.t ~' "'~:T"' .~ agreements made between the parties with reference to the follo~~:: ;::, '0 " ' _0 ~ C~_, -rt ,'1 ", CJ co f"" "'1 en :::> ::=:J -0 ::;:1 ~ r-:l - ('"') .. C) <:::) ::;'J u:> I::;J described premises: ~_ .' J. -~ c--; r~ ~ A portion of Clarence S. Higgs Memorial Beach, Key Wes~:-i~ Florida as evidenced by the attached drawing marked ; i~r; Exhibit "A" for the purpose set forth in that renewal lease . agreement proposal submitted by Lessee on November 6, 1997 to the Monroe County Board of County Commissioners. This lease has been reviewed and approved by the Board of County Commissioners at their regularly scheduled meeting held at Key West, Florida, on the 14th day of January 1998. Pertinent parts of this lease agreement are as follows: 1. Demise of Premises - - Period Being the owner in fee of the premises, Lessor does hereby demise and lease to Lessee for a term of five (5) years with an option to renew on the same terms for an additional five (5) years at the option of the Lessee. The Lessee may exercise this option by sending a written notice to the Director of Public Facilities Maintenance at least ninety (90) days before the end of the original lease period. The Lessor may refuse to grant the Lessee an additional five-year term if, during the course of the initial term, the Lessee breached any of the covenants of this lease even though the breach( es) were subsequently cured by the Lessee or waived by the Lessor. This lease shall commence on August 1, 1998. 2. Covenants and agreements of Lessor. In connection with the above demised properties, the Lessor covenants with the Lessee that conditioned on Lessee's performance and observance of Lessee's covenants herein, Lessee shall have the quiet title and peaceab1(( possession of the premises during the term of this lease. 3. Covenants and agreements of Lessee. a) Payment In return for the privilege of using the designated portion 1 of Clarence S. Higgs Memorial Beach, Tropical Sailboats, Inc., will make monthly payments of rent to Monroe County equal to ten percent (10%) of its total gross proceeds on the beach. It is estimated that the minimum rental payable to the County (which occurs during the off-season in the Fall) will be three-hundred dollars ($300.00) a month which this lease shall pay to the County as a minimum each month. Payment to the County will be made on or before the 15th day of each successive month of the lease period. b) It is agreed that records of the gross revenues of the Lessee will be available for audit by the County at all reasonable times. c) The Lessee will continue to maintain both a current City and County Occupational License during the period of the lease. d) The Lessee agrees to recondition and maintain the line of floats which extends from near the beach to the ocean end of the Reynolds Street Pier to help keep the sailboats and sailboards separated from the swimming area for the period of the lease. . ' e) The Lessee will conduct its operation in a business-like manner at all times. It will keep the area free of disabled boats and discarded boat equipment, and will pick up, on a daily basis, the trash and debris left in the area by the public. All equipment will be maintained in good working order. 4. Lessee agrees to carry and keep in force such insurance as outlined on the attached forms indicated as INS 1-4, attached hereto and incorporateQ as part of this lease agreement. The Lessor shall be named an additional insured and will be furnished with a Certificate of evidence of the insurance providing for no less than thirty (30) days notice in the event of l material change or cancellation. Lessee shall carry this insurance coverage with an insurance company authorized to do business in the State of Florida and approved by Lessor. 5. The breach of any of the Lessee's covenants under this lease is deemed a material breach entities the Lessor to terminate this lease by providing five days written notice of termination to the Lessee. If there is any litigation arising under this lease, the prevailing party is entitled to costs and reasonable attorney's fees. 6. All notices required to be sent to the Lessor under this lease must be sent to: Monroe County 500 Whitehead Street Key West, Fl. 33040 and will be considered delivered to the Lessor when delivered to the above address. All notices required to be sent to the Lessee under this lease must be sent to: Russ Gregory, President 1414 Von Phister St. Key West, Fl. 33040 and will be considered delivered to the Lessee when delivered tu the above - . address. 7. This written lease agreement represents the entire agreement between the parties and supersedes any prior writings or any prior oral agreements, negotiations or understandings. Signed and sealed at Key West, Florida, this lJf day of January, 1998. ~. ~%f~ Russ Gregory, Pr SIde Tropical Sailboats, Inc. 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