02/22/1995 LeaseLEASE AGREEMENT
THIS LEASE is made and entered into on the day of
1995, by and between MONROE COUNTY, a political subdivision of the 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 admits.
WHEREAS, the Lessor desires to grant to Lessee a non-exclusive right to maintain
and operate a concession on the beach for the purpose of renting beach chairs and
umbrellas to the public; and ==
= 3 O
WHEREAS, the Lessor and Lessee desire, in connection with said opserations_�;o
0
provide for the leasing by Lessor to Lessee of certain space at Clarence=S' Higgs .�
Memorial Beach; o 0
%o 70
7
NOW, THEREFORE, in consideration of the mutual covenants, promises and
premises herein contained, the parties hereto agree as follows:
1. PREMISES: The Lessor of these presents 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, 1995, and expiring on January 7, 1998, 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 and 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.
5. DAMAGE AND INJURY: Lessee covenants that it and all of its agents,
servants, employees, and independent contractors will use due care and diligence in
all of its activities and operations at Clarence S. Higgs Memorial Beach and shall repay
or be responsible to Lessor for all damages to the property of the Lessor which may be
caused by an act or omission on the part of the Lessee, its agents, servants, or
employees. Except to the extent that such damage to the property is covered by
insurance required to be provided by the Lessee under any provision hereof, or is
provided by Lessor (except subrogation rights of the County's carrier), Lessee shall pay,
on behalf of the Lessor, all sums which the Lessor shall become obligated to pay by
reason of the liability, if any, imposed by law upon the Lessor for damages because of
bodily injury, including damages for care and loss of service, including death at any
time resulting from bodily injury and because injury to/or destruction of property,
2
including the loss or use thereof which may be caused by or result from any of the
activities, omission, or operations of the Lessee, its agents, servants, or employees at
Clarence S. Higgs Memorial Beach.
6. OTHER DEVELOPMENT: Lessor reserves the right to further develop or
improve Clarence S. Higgs Memorial Beach as its sees fit, regardless of the desires or
views of the Lessee.
7. LESSEE'S OBLIGATIONS: - 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 business 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.
8. LESSOR'S OBLIGATIONS: Lessor covenants and agrees:
(a) Lessee shall be permitted to use a portable rental stand or erect a
booth 6 X 8 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,
3
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 of same 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;
• .•I
(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.
9. INDEMNIFICATION: Lessee shall indemnify and hold Lessor forever
harmless from and against all liability imposed upon Lessor by reason of legal liability for
injuries to persons, or wrongful death, and damages to property caused by Lessee's
operations or activities on such premises or elsewhere at Clarence S. Higgs Memorial
Beach, provided that Lessor shall give Lessee prompt and timely notice of any claim
made against Lessor which may result in a judgment against Lessor because of such
injury or damage and promptly deliver to Lessee any papers, notices, documents,
summonses, or other legal process whatsoever served upon Lessor or its agents, and
provided further that Lessee and its insurer, or either of them, shall have the right to
investigate, compromise, or defend all claims, actions, suits and proceedings to the
extent of Lessee's interest therein; and in connection therewith, the parties hereto agree
to faithfully cooperate with each other and with lessee's insurer or agents in any said
action. Lessee shall cooperate with Lessor in any investigation by lessor to defend
claims against it.
10. LIABILITY 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 extend 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.
12. 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.
13. TERMINATION: Either party may terminate this lease, with or without
cause, upon giving the other party written notice of termination at least sixty days prior
to the effective date of termination.
5
14. 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.
15. 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.
16. 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 addresses:
For Lessor: Monroe County Public Works Division
5100 College Road
Key West, Florida 33040
ATTN: Dent Pierce, Director
For 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.
6
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.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
witness
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
ON
By
4 4q!t�
May Chairman
DOUGLAS R. BAETZ
a,�
7
�\eE�"'s
24
..... .. .
3'A I
%rl
PO4TX$LC UNTIL MM
,sfx
$At L004P AIM
� 4f 0 1 fy f
LgISTINCV
4 a s r x.,%, ,
I INSURED
DOUGLAS BAETZ
1101 CASA MARINA COURT
KEY WEST, FL 33040
�'' ISSUE DATE (MM/DD/YY)
03/13/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A PROGRAM UNDERWRITERS
LETTER
COMPANY B
LETTER
COMPANY C ;-
LETTER
COMPANY D _
LETTER 3 "[ 7 !2'-�
COMPANY E
LETTER WA!VF.R: N/A vrc
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
O
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPER.
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROP DAMAGE
PERSONAL INJURY
AP P 333
0 3/ 0 8/ 9 5
0 3/ 0 8/ 9 6
BODILY INJURY OCC.
$
BODILY INJURY AGG.
$
PROPERTY DAMAGE OCC.
$
PROPERTY DAMAGE AGG.
$
BI & PD COMBINED OCC.
$ 55 0 0 0 0
BI & PD COMBINED AGG.
$ 500,00
PERSONAL INJURY AGG.
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (Priv. Pass.)
LL OWNED AUTOS ( Other Than Priv. Pass. )
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE Is
BODILY INJURY &
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
I
EACH OCCURRENCE
$
AGGREGATE
$
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
$
DISEASE -POLICY LIMIT
$
DISEASE -EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER IS ADDITIONAL INSURED
Z
:3
U.
LU
Ir
0
z
na -fir
rno
Y
I
r. 7j Ft.
z
Eli �C�
ru
>
uj
ro
cc
Vp
0
z
W Z 'r E-3 rg
i T ,x
.7
F., ir-I
Z >
4 0
Z\
♦
z
0
si
4c
tO
—
cn
IL
04
ej
w
W—
in
at
0.4
4
4c
w ow rn
N dt P4 (Ag r4l
a— w I.- dc
w co w ac j
0 W I.-
j
.j 49 j M
z
aU)ar W
4 Ix A w
tv
m
V.IAtAN
N
0
ih
0
f
0
1*
V4
HARRY F. KNIGH
N
H
TAX COLLECTOR
ot
iL
1002944.0001
w
DATE 3/03/95
w
Oper JD1
LL
<
Till 115
cr Z
Pct i d 32.50
-j g,
w 0
0
14C.
Ix
3
u
z
z
w
x
tN CL
U.
X0
z
w
ICU
IL
I
ir
>
a
W
a 2 I
zw-
o
w
r
Mow
0 >
w
IN
Q�
W4
1XV4
of
I-94
u%r
wo
-j"
Jv)
xu.
Fa- -
-W
U.
w
ny
f.-
LL X
0
o
17M
CM2
6 WW ow
0)w IL
U1 LLI
2 w w
:I-
z1
in q J co
U CP
cf)
u LIJ
LL.
Ll
tu E;
(j
M