Loading...
12/15/1987 LEASE AGREEMENT THIS LEASE, entered into on the ~~ day of ~~b.~ 1987, by and between the BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and CHICKLETS ON THE BEACH, INC., a Florida corporation, 210-A Key West By The Sea, South Roosevelt Blvd., Key West, Florida (Lessee), which expression shall include the heirs, executors, administrators and assigns of the Lessee when this context so admits. This lease evidences the grants, covenants and agreements made between the parties with reference to the following described premises: The Food and Beach Concession known as Driftwood Restaurant at Clarence S. Higgs Memorial Beach including exclusive use of all existing facilities, restaurant, bath house, and storage areas, to have the exclusive right to provide and maintain a full service concession, such as to furnish food and beach conces- sion at Clarence S. Higgs Memorial Beach and maintain all equipment necessary for the operation of these facilities, and the exclusive right to furnish beach and recreational equipment for public use (except for those services and equipment provided on Higgs Beach by Sunset Watersports and Tropical Sailboats) and the privilege to operate a bath house. This lease has been reviewed and approved by the County Administrator as described and directed by the Board of County Commissioners at their regularly scheduled meeting held at Key West, Florida, on the 17th of November, 1987, after the proposals had been duly opened before said Board and was selected by the Board as the most advantageous for the County and was in confor- mance with the solicitation for offers made by the County Admin- istration. Pertinent parts of this lease agreemept are as follows: 1. The Lessor hereby grants to the operator the exclusive right and privilege of operating and maintaining a full service food 'and beach concession and the exclusive right and privilege of operating and maintaining a bath house at the Clarence S. Higgs Memorial Beach (formerly known as Monroe County Beach), Key West, Florida, for a term of five (5) years, said restaurant and bath house to be located at the concrete building now situated upon said beach and known as the "Driftwood Restaurant". 2. That the Lessee, in consideration of the foregoing rights and privileges, does hereby covenant with the Lessor to pay a rental of $1,350 per month or 10% of the gross revenue, whichever is greater, in the following manner: The first month's rent shall be paid in advance on the first day of December, A.D., 1987, and each and every month thereafter, rent being payable in advance during the term of this lease. In addition to the foregoing rental payments, the Lessee covenants and agrees with the Lessor to pay State taxes, if any, and all other charges including but not limited to sewer, garbage, electric and water incurred at said beach restaurant, which shall be a result of the operation of the facilities granted under this lease. The Lessee reserves to itself the right to terminate this lease for non-payment of rent by the Lessor for a period of fifteen (15) days or more, after written notice of said default. Lessee agrees to provide a clear financial audit trail to allow for full accountability of the total gross revenues re- ceived from operation of said full service food and beach conces- sion. Certified monthly financial reports will be made available to the Board of County Commissioners of Monroe County, Florida. The monthly financial report is due in the office of the Clerk of the Board of County Commissioners of Monroe County, Florida, no later than the 15th day of the following month. 3. 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 peaceable possession of the premises during the term of this lease. 4. Lessee further covenants and agrees as follows: 2 (a) To keep open such lunch daily, including holidays and Sundays, 10:00 P.M. stand and ba th from 10: 00 A.M. house until (b) All disposable items must be sold at prices compa- rable with other like concessions and not to sell any beer, wine, or liquors at said concession. (c) To furnish the necessary equipment, furnishings and fixtures needed to operate the aforesaid lunch stand and bath house facilities in said pavilion. All movable equipment and furnishings shall remain the property of said operator and may be removed from the premises by said operator at the termination of this lease agreement. If operator fails to remove said movable equipment or furnishings within five (5) days after termination of this lease, said items shall then become the property of the Lessor. (d) That Lessee's records concerning the gross reve- nues shall be made available to the Lessor for audit purposes at any reasonable time upon request. (e) Lessee shall maintain a County Occupation License during the period of this lease. (f) Lessee agrees to keep the leased premises in a safe, clean, and well-maintained order at no expense to the Lessor. This provision is to be monitored by the Director of Public Works or his representative. (g) Lessee agrees to operate his business in a busi- ness-like manner. 5. It is agreed by the parties hereto that Lessee will not sell, sublease or assign this lease agreement, except with the written consent of the Lessor. 6. It is hereby covenanted, stipulated and agreed by and between the parties hereto that there shall, during the said demised term, be no mechanic's liens upon the beach pavilion or improvements which may at any time be put upon or be upon said demised property by the Lessee and that in case of any such mechanic's liens the Lessee must payoff the same; and that if default in payment thereof shall continue for thirty (30) days 3 after written notice, said Lessor shall have the right and privilege, at its option, to payoff the same or any portion of the same, and the amount so paid, including expenses, shall, at the option of the said Lessor, be so much additional rent due from said Lessee at the next rent due after such payment, with interest thereon at the rate of eighteen percent (18%) per annum. 7. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the said demised property, nor any portion thereof, for purposes calculated to injure the reputation of the premises or of the neighboring property, nor for any purpose or use in violation of the laws of the United States, or of the State of Florida, or of the ordinances of the City of Key West, or Monroe County, Florida, and that the Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any said laws, whether occasioned by neglect of Lessee, and that said Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the premises, or any part thereof, by the Lessee. 8. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in this lease agreement, for any damages whatsoever to the Lessee beyond the rent reserved by this lease agreement accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor or said Lessor's authority to make this lease agreement, said Lessee shall not be required to pay any rent under this lease agreement while he is so de- prived of the possession of said property, and that said Lessor shall not incur any liability by such ouster. 9. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the 4 . . ... .. covenants of this lease agreement shall be construed to be a waiver of any succeeding breach of the same covenant. 10. The Lessee hereby covenants and agrees that he, his agents, employees, or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereby be promulgated and enforced by the Lessor at said beach. 11. The Lessor reserves the right hereunder to enter upon the premises at any reasonable time during normal working hours for the purpose of inspecting said premises, and the Lessee hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to maintain or keep upon said prem- ises any properties or equipment not used in connection with the operation of said business, unless authorized by the Lessor to do so. 12. The Lessee agrees not to make any major alterations to the building located on said premises, without first obtaining written consent of the Lessor to do so which will not be unrea- sonably withheld, to be based on plans approved by the Director of Public Works. 13. Lessee agrees fully to indemnify and save and hold harmless the Lessor from and against all claims and actions and all expenses incidental to the investigation and defense thereof; based upon or arising out of damages or injuries to third persons or their property, caused by the negligence of Lessee, its agents or employees, in the use or occupancy of the said leased prem- ises, and all activities connected therewith. The Lessee shall not be liable for any injury or damage or loss occasioned by the negligence of Lessor, its agents or employees; and provided further that Lessor shall give to Lessee prompt and reasonable notice of any such claims or actions and Lessee shall have the right to investigate, compromise and defend the same. Lessee agrees to carry and keep in force such insurance with a minimum combined limit of liability for bodily injury and property damage of no less than $300,000. The Lessor shall be named an additional insured and will be furnished with a Certifi- cate in evidence of the insurance providing for no less than 5 thirty (30) days notice in the event of material change or cancellation. Lessee shall carry this insurance coverage with an insurance company authorized to do business in the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B ~~4~~/ ~ Y M yor / 1 an . (SEAL) ."...,.... CHICKLETS ON THE BEACH, INC. (SEAL) 6