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12/24/1968 to 12/23/1971THIS AGREEMENT, Made and entered into this 24th day of Decem- ber, A.D. 1968, by and between THE COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called "County", and MARIO E. MARTINEZ, WILL E. P. ROBERTS, JR.- and BERNIE C. PAPY, JR. , d/b/a "The Driftwood on the Beach", of the Coun- ty of Monroe and State of Florida, hereinafter called "Lessee", WITNESSETH: That the parties hereto, for the considerations hereinafter mentioned, covenant and agree as follows: 1. The County hereby grants to the Lessee the exclusive right and privilege of operating and maintaining a lunch stand for the purpose of pre- paring and selling lunches, sandwiches, soft drinks, ice cream, candy and such other confectionery articles, and the exclusive right and privilege of operating and maintaining a bath house containing lockers, showers and toilet facilities at the Clarence S. Higgs Memorial Beach (formerly Monroe County Beach), Key West, Florida, for the term December 24, 1968, through December 23, 1971, said lunch stand and bath house to be located in the con - Crete building now situated upon said beach and known as the "pavilion'. 2. In addition to the above referred to rights and privileges, the Lessee shall have the exclusive right to furnish such beach equipment as chairs, umbrellas, pads and recreational gear for the use of the public at said beach. 3. Nothing contained in paragraphs 1 and 2 above, or anywhere else hereunder, shall be construed as preventing the public from using the picnic and recreational facilities for such purpose as provided for them on said beach. 4. The Lessee, in consideration of the foregoing rights and privi- leges, does hereby covenant to and with the County to pay a rental of $150. 00 per. month, in the following manner: The first and last months' rent due hereunder shall be payable in ad- vance, on the 24th day of December, A.D. 1968, and each and every other month's rent due hereunder thereafter shall be payable in advance on the 24th day of each month. In addition to the foregoing rental payments, the Lessee covenants and agrees with the County to pay State Rental Tax, and also all of the sewer fees, garbage fees, electric bills and water bills in- curred at said beach pavilion, and as a result of the operation of the fore- going facilities at said pavilion. 5. The Lessee further covenants and agrees: (a) To keep open said lunch stand and bath house daily including holidays and Sundays from 10:00 A. M. until 10:00 P. M. (b) To maintain a price level of items and services offered for sale; at the prevailing price level of items and services sold in similar beach concessions and not to sell any beer, wine or liquors at said concession. (c) To secure at his own expense, from an approved insurance com- pany and furnish to the County evidence of such insurance, the following do - scribed insurance ,coverage: Coverage which will protect the legal liability of the County and Les- see to pay off claims for personal injury or death resulting therefrom, -on account of accident of third parties or the public, which might arise out of or in connection with the conduct of Lessee's business on the premises, or which might arise out of or in connection with -any act or acts of Lessee's agents, invitees or employees. The minimum limits of such policy or poli- • cies shall be $25, 000. 00 for any one person, or $50, 000. 00 for more than .. one person, arising out of one accident. Such policy or policies shall carry an endorsement stating that in any suit or action by Lessee's servants, agents or employees, brought against the County, which might arise out of, or in connection with the carrying out of the operations and the conduct of ; the business by the Lessee an said premises, such servants, agents or em pltiyees shall be considered members of the public. • (d) To furnish the necessary equipment, furnishings and fixtures, other than lighting and toilet fixtures, needed to operate aforesaid lunch stand and bath house facilities in said pavilion, which said equipment, furnishings s and fixtures shall regain the property of said Lessee and may be removed from the premises by said Lessee at the tormination of this Agreement. 6. It is hereby covenanted. stipulated and agreed by and between the • a parties hereto that there shall, during the said demised term, be no mechan _ ic'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 x default in payment thereof shall continue for 30 days after written notice, said County 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 County, be so much additional rent due from said Lessee at the next rent due after such payment, with interest thereon at the rate of 60/9 per annum. 7. It is expressly covenanted between the parties hereto that the Los*- see will not use, suffer nor permit any person to use in any manner what- soever 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, Florida, and that the Lessee will keep and save the County forever' harmless from any penalty or damage or charges imposed for any violation: , of any of said laws, whether occasioned by neglect of Lessee, and that said Lessee will indemnify and save and keep harmless the County 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. S. The Lessee shall not have the right to sell, assign or sublet this Lease, or to sell, assign or sublet any interest in said Lease to any other persons. 9. It is further agreed that in no case shall the County herein be liable, wider any express or implied covunanto in this Lease, for any damages what- jioovur to the Lessee beyond tho rent resorved by this Lease accruing. for the act, or breach of covenant, for which damages may be sought to be ' recovered against said County, 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 County or said County's authority to make this Lease, said Los - see shall not be required to pay any rent under this Lease while he is so deprived of the possession of said. property, and that said County shall not incur any liability by such ouster beyond the loss of rent while said Lessee is so deprived of the possession of said property. 10. And it is further covenanted and agreed by and between the parties hereto that in case, at any time, default shall be made by the Lessee in the payment of any rent herein provided for upon the day the same becomes due .i and payable, or in the failure to perform any of the covenants of this Lease and such default of payment shall continue for 30 days after notice thereof is given in writing by the County, or failure to correct any violation shall con- tinue for 10 days after notice thereof is given in writing by the County, or _ its agents or attorneys to said Lessee, the County may, at its option, forth- . s with declare this Lease forfeited, and may immediately re-enter and re- • , e possess said leased property, and any of the rents prepaid hereunder shall . be forfeited by the Lessee, and in no way shall affect the collection of any other damages which may be due the County as a result of any of said defaults._ 11. 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 shall be construed to be a waiver of any succeeding breach of the same covenant. 12. It is fully understood and agreed by and between the parties hereto that it is a condition of this Lease that it shall not terminate upon the death of the Lessee, but said Leas a shall keep in full force and effect at the elec- tion of the heir or, heirs of said Lessee. 13. The Lessee hereby covenants and agrees that he will observe and . obey all lawful rules and regulations which may from time to time during the term hereby be promulgated and enforced by the County at said beach. E 14. The Lessee shall have the right to lease the premises described herein for an additional period of 3 years at the termination of this lease, under the same terms and conditions as contained herein. 15. The County reserves the right hereunder to enter upon the leased premises at any time when said concession stand is open and under operation, 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 premises any properties or equipment not used in connection with the operation of said business, unless authorized by the County so to do. 16. The Lessee agrees not to make any major alterations to the building located on said premises, without first obtaining written consent of the County so to do. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above written. Signed, Sealed and Delivered in Our Presence: C As to the QQVnty COUNTY OF MONROE, STATE OF FLOI3IDA Mayor of Mon`r6 bounty and Chairman of the Board of County Commissioners. (SEAL) Attest: / Clerk of the Circuit Court of Monroe County, of (Seal) (Seal) (Seal)