08/12/1998 • t J
LEASE AGREEMENT
THIS LEASE, entered into on the 12th day of August 1998, by and between the BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and ROBERT
CANGELOSI (Lessee), whose address is 114 Harry Harris Drive. Tavernier. Florida 33070.
1. This lease evidences the grants, covenants and agreements made between tg paies c
with reference to the following described premises: o, m m
Concession Stand Q, • ° o
Located on a portion of Gov't Lots 3 & 4, =-3 ..o
Section 27, Township 62S, Range 38E ��
Tavernier, Monroe County, Florida -71 3›. N n
2. The Lessor hereby grants to the Lessee the exclusive right and privilege offypetgingid
maintaining a full service concession stand at Harry Harris Park, Tavernier, Monroe County,
Florida, for a term of one (1) year, commencing September 1, 1998, and ending August 31,1999
said concession stand to be located at the concrete building now situated upon said park and
known as the Harry Harris Park Concession Stand.
3. The Lessee shall have the option to renew this agreement after the first year, and each
succeeding year, for two additional one year periods. The contract amount agreed to herein may
be adjusted anually in accordance with the percentage change in the Consumer Price Index (CPI)
for wage earners and clerical workers in the Miami, Florida area index, and shall be based upon
the annual average CPI computation from January 1 through December 31 of the previous year.
Increase in the contract amount during each option year period shall be extended into the
succeeding years. The Lessee also agrees to pay a rental of $360.00 per month, plus $20.00 per
month donated to the Upper Key Athletic Association and $20.00 per month donated to the
Upper Keys Children's Shelter in the following manner:
A. Upon execution of this lease and prior to the Lessor's delivery of the premises to
Lessee, Lessee shall deliver to Lessor the sum of $720.00, same representing first and last
month's rent. 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 September
1998 and each and every month thereafter, rent being payable in advance during the term of this
lease. Lessee may assume occupancy as of September 1. 1998, assuming 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 electric at said concession stand, which
shall be a result of the operation of the facilities granted under this lease. The Lessor reserves
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.
4. 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 quiet enjoyment 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.
5. Lessee further covenants and agrees as follows:
A. To keep open such concession stand not to exceed park hours, 7:30AM to sunset,
Monday - Sunday, including holidays, unless scheduled activities have been scheduled with the
Parks & Recreation Coordinator when said concession stand will remain open until 10:30PM.
B. All commodities must be sold at prices comparable with other like concessions
within the surrounding areas and shall not sell, offer or consume any beer, wine, or liquors in
accordance with Monroe County Code at said concession.
C. To furnish the necessary equipment, furnishings and fixtures needed to operate
the concession stand. All movable equipment and furnishings shall remain the property of
Lessee and may be removed from the premises by Lessee at the termination of this lease
agreement, with Lessor's consent. If Lessee fails to remove said movable equipment of
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 Occupational 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
Facilities Maintenance or his representative.
F. Lessee agrees to operate his business in a business - like - manner.
6. It is agreed by the parties hereto that Lessee may elect to sub -lease or assign the lease
agreement only upon previous written consent of the Board of County Commissioners for
Monroe County. The terms of this agreement shall be binding on the heirs, executors,
administrators, sublessees and assigns of Lessee.
7. 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 concession stand or
improvements thereto; in case of any attempt to place a mechanic's liens on premises, 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 at the rate established by the Comptroller under Sec. 55.03, F.S., for
the year in which the payment became overdue. Nothing in this paragraph is to be read as a
waiver or authorization by the County of its constitutional and statutory immunity and right to
have its property free of such liens.
8. 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 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.
9. 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 rent under this lease agreement while he is so deprived of the possession of said property,
and that said Lessor shall not incur any liability by such ouster.
10. 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.
11. 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 by promulgated and enforced by the Lessor at said breach.
12. The Lessor reserves the right hereunder to enter upon the premises at any reasonable
time during normal park 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 premises any properties or equipment not used in connection with the
operation of said business, unless authorized by the Lessor to do so.
13. 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
unreasonably withheld. Such alterations shall be based on plans approved by the Director of
Facilities Maintenance and shall be subject to all County Code provisions governing
construction.
14. Lessee agrees to fully indemnify and save and hold harmless by 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
premises, 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.
15. Lessee agrees to carry and keep in force such insurance as outlined on the attached forms
indicated as Attachment A, attached hereto and incorporated as part of this lease agreement. The
Lessor shall be named an additional insured and will be furnished with a Certificate of evidence
of 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
authorized to do business in the State of Florida and approved by Lessor.
16. All written notices pursuant to this lease shall be forwarded to the following address:
Lessor: Lessee:
Monroe County Public Works Robert Cangelosi
Facilities Maintenance Department 114 Harry Harris Drive
3583 So. Roosevelt Blvd. Tavernier, Florida 33070
Key West, Florida 33040
17. No offensive "T" shirts and the like will be sold from said concession stand.
18. Lessor shall recycle, pick up trash that patrons may leave behind around the fields.
19. No glass containers will be sold from the concession stand,
20. Bottled water and fruit juices will be placed on said concession stand menu.
21. 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.
22. This lease shall be governed by the laws of the State of Florida. Venue for any disputes
arising under this agreement shall be in a court of competent jurisdiction in Monroe County,
Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first above written
(SEAL) BOARD OF COUNTY COMMISIONERS
Jgest: ,DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
,:,r
G . By: /
ity Clerk / Mayor /Chairman
A
Witness
f t
e s )
/ / 1 4 ,- ,._
Witness
APPRO D AS TO Fe A
A • GAL SUFFlC��
:Y. / NNE � - •N
DATE • .. _ )
Attachment "A"
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Organizations/Individuals
Leasing County -Owned
Property
Prior to the Organization or Individual taking possession of the property owned by the County,
or commencing its concessionaire operations, the Organization /Individual shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease /rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Orgaziization/Individual shall maintain the required insurance throughout the entire term of
this lease /rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease /rental agreement
and the return of all property owned by the County.
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non- renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Organization/Individual's insurance shall not be construed
as relieving the Organization/Individual from any liability or obligation assumed under this
imposed or mposed by law.
The Monroe County Board of County Commissioners, will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
44709.2 28
7 • -1 7 / c c O(' ' •MC !KIT - i.1 ^1\4 i I i ^' ./-Nt i i •
199E Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASE/RENTAL OF PROPERTY
OWNED BY THE COUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
1)✓
Prior to the Organization /Individual taking possession of the property governed by this
lease /rental agreement, the Organization/Individual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
' • Personal Injury Liability
• Expanded Definition of Property Damage
• Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Administration Instruction
44709.2 30
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS ALS OF
COUNTY -OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this
lease /rental agreement, the Organization/Individual shall purchase Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the Lease /Rental
Agreement and include, as a minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
• Physical Damage Protection (if the leased property is a County -owned
vehicle)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
ACV for Physical Damage
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$ 300,000 per Occurrence
$ 50,000 Property Damage
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements. In addition, if the
lease /rental agreement involves County -owned vehicles, the Monroe County Board of
County Commissioners shall be named as "Loss Payee" with respect to the physical
damage protection.
Administration Instruction
#4709.2 31
- _� 7 i nc"' rr? r n� n i r v� l-.v i -� �.., �, - -
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
ir-t-eit, czt,„_
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
' $1 00,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC1
Administration Instruction
#4709.2 88
a DATE (MAI/DD 1'
Csa S�
. • . . ... . .. - .. ROEE82. 11/25/97
PRODUCER • • _ — • THIS CERTIFICATE IS ISSUED AS A MA'T'ER OF INFORMATION
�� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Johnson5 Insurance Agency 1 i HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13361 Overseas Highway
= ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marathon FL 33050 COMPANIES AFFORDING COVERAGE
PAM CURRY COMPANY
305-289-0213 A Nova Casualty Company
INSURED
COMPANY
B
COMPANY
ROBERT CANGELOSI C
114 Harry Harris Dr
TAVERNIER FL 33070 COMPANY
D
. COVER AGES : r .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF:ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR'
DATE (.1olp(/DA/Yy) DATE (MMND /YY) 1 'rmas
GENERAL LIABILITY
GENERAL AGGREGATE S 300,000
A I X 1 COMMERCIAL GENERAL UABILITY Binder#M71125546 12/01/97 12/01/98 PRODUCTS - COMP/OP AGO s 300,000
{ 1 l CLAIMS MADE I X I OCCUR PERSONAL A: ADV INJURY S 300,000
OWNER'S & CONTRACTOR'S PROT r EACH OCCURRENCE S 300,000 000
� I
i F FIRE DAMAGE (Arty one re) S 50, 000
MED EXP (Any one Pew) s 5,000
AUTOMOBILE LIABILITY
ANY AUTO c T j COMBINED SINGLE LIMA' S
I -np � AY �} �1
ALL OWNED AUTOS —
sCHEDUI.ED RY 'J ' BODILY INJURY S
_ HIRED AUTOS � f
(y,- (.'/11 1 BODILY )NJURY •
140N-OWNED AUTOS �b1 "L'�j...�.+.� j (Per aecWent) S
/ I T '
___— lv„1' /CR' t4 /A TTTT YES — .j PROPERTY DAMAGE S
( ARA(:fi LIABILITY I ! 1 AUTO ONLY - EA ACCIDENT $
I ANY AUTO { { OTHER THAN AUTO ONLY;
EACH ACCIDENT $
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM
AGGREGATE S
-
OTHER THAN UMBRELLA FORM "'
S
WORKERS COMPENSATION AND STATUTORY ORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT s
THE PROPRIETOR/ tNCL
PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT 5
OFFICERS ARE: EXCL.
DISEASE - EACH EMPLOYEE S T yr
OTHER
1
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS -
LEASED CONCESSION STAND AT HARRY HARRIS PARK (OWNED BY
MONROE COTJNTY)
CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED.
CERT1FtCATT; HOLDER .. CANCELLATION
MONRO -6 smut) ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI.L€D BEFORE THE
Monroe County Board of County EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Commissioners 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Risk Management
5100 Coll ege Road BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Key west FL 33040 oF ANY ,1b
�J _ TM, COMPANY, ITS AGENTS OW . ' PL>:k j N7'ATIVE5.
/ r ` AUTOO' , • N' I - Ann 1 _
PAM CURRY AM r
2S-S L3/93 ?'. . 1
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