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2. 1st Renewal 04/16/2003CleWolThe circuit Court Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 iWenwran&ffn To: Dent Pierce, Director Public Works Department Attn: Beth Leto From: Isabel C. DeSantis, Deputy Clerk . Date: Thursday, May 08, 2003 At the meeting of April 16, 3003, the Board approved the following: Renewal Agreement between Monroe County and Tropical Sailboats, Inc. for an additional one year term to operate and maintain a concession for beach chairs and umbrella rentals at Higgs Beach at the same rate of $255.00 per month, or 10%, whichever is greater. Renewal Agreement between Monroe County and Tropical Sailboats, Inc. for an additional 5 year term for sailboat/sailboard rentals at Higgs Beach with the same monthly rental terms: 10% of total gross proceeds or a minimum payment of $300.00 per month, whichever is greater. Enclosed please find fully executed duplicate originals of the above documents for your handling. Should you have any questions, please do not hesitate to contact this office. Copies: Finance County Attorney File RENEWAL AGREEMENT Tropical Sailboats, Inc. Beach chairs and umbrellas rental Higgs Beach This Renewal Agreement is made and entered into this April 16, 2003, between the COUNTY OF MONROE and Tropical Sailboats, Inc. in order to renew the Lease Agreement between the parties dated June 19, 2002, copies incorporated hereto for reference, as follows: 1. To amend Article 2. to expire July 14, 2003. 2. In accordance with Article 2. of the June 19, 2002 original Lease Agreement, the Lessee exercises the option to renew for the first of two (2) one-year periods. 3. The term of the renewed Lease Agreement will commence on July 1, 2003 and terminate on June 30, 2004. 4. Rental remains during the term of this renewed Lease Agreement the sum of two hundred fifty five ($255.00) dollars per month or ten percent (10%) of the total monthly gross, whichever is greater, payable on or before the 15th. day of each month following the month for which payment is due. In all other respects, the original agreement between the parties dated June 19, 2002, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first written above. (Seal) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA D� Witness 5C'W'.)P_K Tropical Sailboats, Inc.. C) ` CD ,-1 i r1 ,7 c co C a By: -h- t`CD cPPROVEP AS TO FOR SAL SUFRCIE NNE A. H TON RENEWAL AGREEMENT Tropical Sailboats, Inc. Sailboat rentals at Higgs Beach This Renewal Agreement is made and entered into this April 16, 2003, between the COUNTY OF MONROE and by Tropical Sailboats, Inc. in order to renew the Lease between the parties dated January 14, 1998, a copy which is incorporated hereto for reference, as follows: 1. In accordance with Article 1. of the January 14, 1998 original Lease, the Lessee exercises the option to renew the Lease for an additional five (5) year period. 2. The term of the renewed Lease will commence on August 1, 2003 and terminate July 31, 2008. 3. Rental amount remains during the term of this renewed Lease the sum of three hundred ($300.00) dollars per month or ten percent (10%) of total monthly gross, whichever is greater, payable on or before the 15"'_ day of each successive month of the Lease period. 4. Lessee agrees to covenants contained in Exhibits A. and B. attached hereto. In all other respects, the original agreement between the parties dated January 14, 1998, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first written above. (Seal) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy C rk zl).e; 444110 Tropical Sailboats, Inc. �} LIP WO/ BY: JAJAA Witness CI(- l-eI-) 5oLwy CK APPROVED AS TO FORM AND AL SUFFICIENCY r7l Cep !J -:J SWORN STATEMENT UNDER ORDINANCE NO 10-1990 MONROE COUNTY: FLORIDA FU S CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation 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. (signs ) Date: i L' 3 0 -vD o 3 STATE OF COUNTY OFAn row' PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1 who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 30 day of AY-1 I , 20 o3 . ��t►tNNIINI�/p�� NOTARY PUBLIC : •oc�M'ber�N•• /' s /] I � � � �Q�em 9�0 9�•• 7 �1 _*� y gam• My commission expires:?�:• #cc958897 OMB - MCP FORM #4 '��e iitSTA VAY 0 2003 ` 1996 Edition 4` MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor" failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administration Instruction TCS #4709.2 C'C SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE rC warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation 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. /* (sifilaturev Date: (UI STATE OF F 1 D r j J a, COUNTY OF I') Q t) r u e_ PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her sign ture (name of individual signing) in the space provided above on this 3 0 day of 20 03 . NOTARY PUBLIC �` • �M�ssioN,c erg // My commission expires: - C%� C5?6v ` '_�` �•— a 7 #CC 958897 Q= �-�A ��'9 �.y�OndedLhN �.�.•• OQ� ! OMB - MCP FORM #4 '�,A�s%��•iT 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor" failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administration Instruction TCS #4709.2