1st Renewal 01/20/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 23, 2012
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Isabel C. DeSantis, D.C.
At the January 19, 2012 Board of County Commissioner's meeting, the Board approved
the following:
Item C6 Lease Renewal Agreement with Tropical Watersports. LLC, for a watersports
equipment rental concession on Clarence S. Higgs Memorial Beach.
Item C9 Lease Renewal Agreement to the contract with Barnes Alarms, Inc. for fire and
panic alarm system annual certification, maintenance and monitoring, to include three Monroe
County Fire Station locations.
Enclosed please find duplicate originals of the above - mentioned for your handling.
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File
LEASE RENEWAL AGREEMENT —' -
HIGGS BEACH CONCESSION - -,
TROPICAL WATERSPORTS, LLC
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This Agreement is made and entered into on the ,1 day o oo 20-173 an between
MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred Gas "= • LINTY
or LESSOR ", whose address is 1100 Simonton Street, Key West, Florida, 33040, and TROPICAL
WATERSPORTS, LLC., hereinafter referred to as "LESSEE" or "TENANT" whose address is 3635
Seaside Dr. #301, Key West, Florida 33040.
WHEREAS, on the 15th day of April, 2009, the parties entered into an agreement for the use of
property more particularly described in exhibit "A ", hereafter original agreement. A copy of the original
agreement is attached to this renewal agreement and made a part of it; and
WHEREAS, on the 21 day of October, 2009, the parties entered into the first amendment to the
agreement for purposes of providing additional booth areas for LESSEE and amending exhibit "A" which
depicted the leased areas: and
WHEREAS, LESSEE no longer needs the additional booth areas and the parties have agreed to
reduce and relocate LESSEE's leased areas and amend exhibit "A "; and
WHEREAS, the original agreement was for a term of three years with two (1) year renewal
options, however the parties desire to renew the original agreement for 6 years; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. Exhibit A of the original agreement is hereby replaced with the attached Exhibit A dated
September 27, 2011.
2. Paragraph 1 of the original agreement is amended to read:
1. Premises. The COUNTY does hereby lease to LESSEE, and LESSEE does
hereby lease from COUNTY a portion of Clarence S. Higgs Memorial Beach, Key West,
Florida as evidenced by the areas numbered 1, 2 and 3 on the drawing marked "EXHIBIT
A" dated 9/27/2010, which is attached hereto and made a part hereof.
3. Paragraph 2 of the original agreement is amended to read:
2. Term. The initial term of this renewal agreement is for three (3) years beginning
on April 15, 2012. LESSEE may exercise an option to renew this agreement for one (1)
additional three (3) year period with the written approval of the Board of County
Commissioners. LESSEE shall submit a request in writing, at least 60 days prior to the
current term, to the Board of County Commissioners requesting the renewal.
4. Paragraph 3 of the original agreement is amended to read:
3. Rental and Fees. In return for the privilege of using the designated portions of
Clarence S. Higgs Memorial Beach, LESSEE shall make monthly payments of rent to
LESSOR as follows:
a. 10% of its total gross proceeds or $1,000.00 per month plus tax, whichever is
greater, for the beach chair and umbrella rentals; and
b. 10% of its total gross proceeds or $1,000.00 per month plus tax, whichever is
greater, for the kayak, sailboat, daysailer, snorkel equipment, longboard, aqua
ball, paddle board, paddle board and other water related equipment rentals; and
c. 10% of its total gross proceeds or $100.00 per month plus tax, whichever is
greater, of the locker rental proceeds.
d. Rental and fees for the initial term of 3 years shall be as set forth in
subparagraphs 3a., 3b. and 3c. above thereafter rental and fees shall be adjusted
annually in an amount equal to the CPI -U for the preceding 12 months.
Payments shall be made on or before the fifteenth day of the month following the
month payment is due. Payment should be directed to the Monroe County Finance Dept.,
P.O. Box 1980, Key West, Florida 33040.
5. Subparagraph 5f. of the original agreement is deleted in its entirety.
6. Subparagraph 5j. of the original agreement is amended to read:
J. This agreement is limited to rentals of beach chairs, umbrellas, kayaks, 14 and 16
foot sailboats, sunfish daysailers, snorkel equipment, longboards, aqua balls, paddle
boards, paddle boats and such other water related equipment. LESSEE may also offer
concierge services and sell local art, t -shirts and other similar souvenirs. NO OTHER
SERVICE MAY BE PROVIDED WITHOUT THE WRITTEN CONSENT OF THE
COUNTY.
7. Subparagraph 6d. is deleted in its entirety.
Except as set forth in paragraphs one, two, three, four, five, six and seven of this Lease Renewal
Agreement, in all other respects, the terms and conditions of the original agreement remain in full force
and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized rep
(SEAL) , BOARD OF COUNTY COMMISSIONERS
Al ' TEST: DANNY L. KOLHAGE, CLERK OF MONRO , F A
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