#Consent to Consignment 10/15/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 21,2008
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy M Peters
Executive Assistant
FROM:
Isabel C. DeSantis,
Deputy Clerk
At the BOCC meeting on 10/15/2008 the Board granted approval and authorized
execution of a Consent to Assignment of the Higgs Beach ConcessionlRestaurant (Salute) Lease
Agreement between Monroe County, Key West Hospitality, LLC, and 1000 Atlantic Boulevard,
LLC.
Attached is a fully executed duplicate original of the subject document for your handling.
Should you have any questions, please do not hesitate to contact this office.
cc: Finance
/File
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this
of OC-tO~ 2008, by and between Monroe
political subdivision of the State of Florida,
"County/Lessor", Key West Hospitality, LLC,
"Assignor /Lessee", and 1000 Atlantic Boulevard, LLC,
"Assignee", the parties agreeing as follows:
./oJ"
~ day
County, a
hereafter
hereafter
hereafter
1. The County/Lessor leases approximately 3,928 square
feet of restaurant space at Higgs Beach, Key West,
Florida, through a Lease Agreement dated May 21, 2008,
hereafter the original Lease Agreement, commencing
August 12, 2008, and terminating on August 11, 2013,
unless the Lease is extended up to a maximum of ten
(10) years with certain Americans with Disabilities
Act ("ADA") modifications and capital improvements
having been completed pursuant to the Lease Agreement.
The original agreement is attached and incorporated
into this Consent to Assignment.
2. Paragraph 8 of the Lease Agreement provides that the
Lessee may elect to sub-lease or assign the Lease
Agreement only upon the previous written consent of
the Board of County Commissioners for Monroe County.
3. The Assignor and Assignee have entered into an
Agreement for Purchase and Sale of Assets dated
September 28, 2008, of the restaurant business which
agreement includes an assignment to Assignee of all
the Assignor's rights, title and interests in the
Lease Agreement.
4. In consideration for such consent, the Assignee agrees
to be bound by all the terms and conditions of the
original Lease Agreement, including the obligation of
Assignor/Lessee to complete certain modifications
required to comply with the "ADA" pursuant to a
Stipulated Settlement in Case No. 08-10007 filed in
the United States District Court as incorporated in
paragraph 3(i) of the Lease Agreement.
5. The Lessor, Monroe County, agrees to the assignment of
the Lease Agreement from Key West Hospitality, LLC, to
1000 Atlantic Boulevard, LLC.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals as of the date first above written.
.;,::-
~;,(,<::, ~,:i;';/;":~._/-
ATTEST~C.i/.~......'. . 'yY~b.L...RdLHAGE, CLERK
. .(............~>
'.//" " ~
BY:
....".....;~;...: .
~...................
'" " ",';',~ 'Ii/-'/,,',' i
Deput'{;GI~rk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B~ftg.
~
(SEAL)
KEY WEST HOSPITALITY, INC.
Lessee/Assignor
1000
Assi
ntic Bo levard, LLC
BY:
RICHARD HA CH
Manager/Member
..:r -1:
c ...:r Cd
N . LJ._
. .. t ...
::c ..
CL
., ..
o.
.;,.) '._.>
N :.:c
>- -' Ld
hum
W '-' C:J
0 '0- r;:::
= <( 0
= Cl
= -
......