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12/09/1992LEASE AGREEMENT -92 ou 1- ?!2 .12 THIS LEASE, entered into on the,.;: day of _J�!Ce.Mje r , 1992, by and between the BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and JOHN DEDEK, 227 Duval Street, 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 formerly known as Driftwood Restaurant and Chicklets-on-the-Beach, located at Clarence S. Higgs Memorial Beach, Key West, Florida - 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 concession 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, Tropical Sailboats, and Mr. Douglas R. Baetz) 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 26th day of October, 1992, after the proposals had been duly opened in response to the County's request for proposals, and was selected by the Board as the most advantageous for the County and was in conformance with the solicitation for offers made by the County Administration. Pertinent parts of this lease agreement are as follows: 1. The Lessor hereby grants to the Lessee 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. The Lessee may exercise an option to renew this lease for an additional five (5) years by giving Lessor written notice of his intention to exercise said option within sixty (60) days previous to the expiration of the original five year term. This option clause is voidable at the discretion of Lessor if Lessee violates any of the terms of this lease. That the Lessee, in consideration of the foregoing rights and privileges, does hereby covenant with the Lessor to pay a rental of Sixteen Hundred Dollars ($1,600) per month in the following manner: A. Upon execution of this lease and prior to Lessor's delivery of the premises to Lessee, Lessee shall deliver to Lessor the sum of Four Thousand Dollars ($4,000), same represent- 2 ing first and last month's rent and a damage deposit of Eight Hundred Dollars ($800). Lessor shall not be required to post bond securing said advance rent or damage deposit. B. The first month's rent shall be paid in advance on the first day of January, 1993, and each and every month thereafter, rent being payable in advance during the term of this lease. Lessee may assume occupancy as of December 15, 1992, assuming his full compliance with all terms of this lease, inclusive of insurance coverage effective as of said date. 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 Lessor reserves to itself the right to terminate this lease for non-payment of rent by the Lessee for a period of fifteen (15) days or more, after written notice of said default. 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. In the event the county elects to maintain and/or improve its properties in the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this lease. 3 4. Lessee further covenants and agrees as follows: A. To keep open such lunch stand and bath house daily, including holidays and Sundays, from 7 A.M. to 11 P.M. B. All disposable items must be sold at prices compa- rable with other like concessions and not to sell or offer 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. Lessee shall maintain a County Occupation License during the period of this lease. E. 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. F. 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, without previous written consent of the Lessor. 4 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 pay off the same; and that if default in payment thereof shall continue for thirty (30) days after written notice, said Lessor shall have the right and privilege, at its option, to pay off 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 5 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 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 1.1 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. Such alterations shall 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. 14. Lessee agrees to carry and keep in force such insurance as outlined in Composite Attachment 1, which is incorporated by reference herein. The Lessor shall be named an additional insured and will be furnished with a Certificate in evidence of 7 the insurance providing for no less than thirty (30) days notice in the event of material change or cancellation. Lessee shall carry this insurance coverage with an insurance company au- thorized to do business in the State of Florida and approved by Lessor. 15. All written notices pursuant to this lease shall be forwarded to the following addresses: Lessor: Lessee: County Administrator Mr. John N. Dedek Public Service Building 227 Duval Street College Road - Stock Island Key West, FL 33040 Key West, FL 33040 16. If any dispute concerning this lease should arise between Lessor and Lessee and which results in litigation, the prevailing party shall be entitled to payment of its reasonable attorney's fees and costs associated with said litigation from the losing party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above written. (SEAL) Attest: DANNY KOLHAGE, Clerk le lck J County Administrator 8 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA NNW, By SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 ETHICS CLAUSE MONROE COUNTY, FLORIDA warrants that he/it has not employed, retained or otherwise had act on he/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. srAtuire ) Date: STATE OF FLORIDA COUNTY OF MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, JOHN N. DEDEK who, after first being sworn by me, affixed his/114k signature (name of individual signing) in the space provided above on this 15th day of December , 1992 NOTARY PUBLIC My commission expires: PENELOPE R. RICE MY COMMISSION k CC 215676 EXPIRES = Au BONDED THRU TTRDV FAIN INSURANCE, INC. NON -COLLUSION AFFIDAVIT , of the city of according to law on my oath, and under penalty of perjury, depose and say that; 1) I am �%(�l�h/ ",-/. the bidder making the Proposal for the project described as follows: Food and Beach Concession formerly as Driftwood Restaurant and Chicklets-On-the-Beach. 2) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) the statements contained in this affidavit are true and correct,.and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Sicflnat of^Bi der) STATE OF FLOR I DA 1Z���^ COUNTY OF MONROE DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, .1nHN N. DFnFK who, after first being sworn by me, (name of individtial signing) affixed his/her signature in the space provided -above on this 15th day of December 19 92 My commission expires: NOT :TRr.IC FORM MCP#1 REV. 1/91 ,�'�'•. PENELOPE R. RICE My COMMISSION # CC 215676 EXPIRES r' August 22, 19% Rf`. BOMUEOTHRU TROY FAIN INSURANCE,INC. SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTFS. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNET) AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATIIS. 1. This sworn statement is submitted to by �� ,Y �. big [p�j 12Eof the public entity] [print Individual's name and title] i for (fit r— A C; n Aiu" 7i -/ ,4 r`� d ,f [print name of entity submitting sworn statement] whose business address is L R l20,V of S t4 l C1 qS W41 &--rw 1E&Oa �" � '5 G" &r -2. , l,- ZPgs� and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no MIN, include the Social Security Number of the Individual signing this sworn statement: —AP_ _ ,) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, In any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,. -partners, shareholders, employees, members, and agents who are active in the management of an affiliate: The ownership by one person of shares constituting a controlling interest In another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity Organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate wiilch statement applies.] -I2U4L Neither tite entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 7-POE The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. -112UeE The entity submitting this sworn statement, or one or more of Its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach n copy of the final order] I UNDERSTAND THAT TILE SUBMISSION OF THIS FORM TO TIIE CONTRACTING OFFICER FOR TIIE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF TIIE CALENDAR YEAR IN WHICH IT IS FILED. I AI SO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE. THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATU'rES FOR CATEGORY TWO OF ANY C1IANGE IN TIIE INFORMATION CONTAINED IN THIS FORM. sl nature] r Sworn to and subscribed before me this day of 12. 19 Personally known OR Produced identification X Drivers License . (lYpe of identification) Form PUR 7068 (Rev. 06/18/92) Notary Public - State of y.,..,'- PENELOPE R. RICE My commission ezpitcar W 00r CC Zt5670 EXPIRES BONDED M TFW FMI DISMWE, INC, Penelope R. Rice (Printed typed or stamped commissioned name of notary public)