2nd Renewal 05/16/2018J 4 GOURTB \l`
Kevin Madok CPA
(lw Clerk of the Circuit Court & Comptroller — Monroe County, Florida
�Il R OE C01N�
DATE: May 23, 2018
TO: Alice Steryou, Contract Monitor
Facilities
FROM: Sally M. Abrams, D.C.
SUBJECT: May 16 BOCC Meeting Approved Agenda Item
Attached is an electronic copy of the executed agenda item listed below for your handling.
C13 - Approval of a Second and final lease agreement renewal for a two year
period with Pamela Uslander for a mobile food concession at Higgs Beach.
Please contact me at extension 3550 with any questions.
cc: Facilities Supervisor
County Attorney w. hard copy to follow
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDINC
50 High Point Road
Plantation Key, Florida
305 - 852 -7145
J
SECOND LEASE AGREEMENT RENEWAL
FOR HIGGS BEACH CONCESSION
THIS SECOND LEASE AGREEMENT RENEWAL is made and entered into on the
16th day of May 2018, by and between MONROE COUNTY, a political subdivision of the State
of Florida, hereinafter referred to as "County" or "Lessor," and Pamela Uslander, hereinafter
referred to as "Lessee" or "Tenant;"
WHEREAS, the Lessor is the owner of the Clarence Higgs Beach Park, hereinafter
"Higgs Beach," that has space(s) available for mobile concessions; and
WHEREAS, on the 10th day of December 2014, Lessor entered into a Lease Agreement
for Higgs Beach Concession ( "Original Agreement ") with Lessee being granted the right to
operate a concession at Higgs Beach at Key West, Florida, for a term of one (1) year
commencing January 1, 2015, and terminating on December 31, 2015, and
WHEREAS, the Original Agreement allowed the Lessee to renew the lease for two (2)
additional two -year terms upon providing a request, in writing, at least sixty (60) days prior to
termination of the Original Agreement; and
WHEREAS, on January 20, 2016, the County extended the lease for six (6) months to
evaluate the Lessee's performance after the Lessee had fallen behind on the payment of the
required rental and fees; and
WHEREAS, Lessee became current on all payments and continued to perform well
during the evaluation period; and
WHEREAS, on May 18, 2016, the BOCC approved the first of two (2) optional two-
year term renewals; and
WHEREAS, the County has agreed to abate a portion of Lessee's monthly rental
payment for September 2017 due to Hurricane Irma closures; and
WHEREAS, the County desires to revise language in its contracts and/or agreements to
update the Nondiscrimination provision; and
WHEREAS, the Lessee has timely requested the second of the two (2) optional two -year
term renewals of her lease as provided for in the Original Agreement; and
WHEREAS, the parties have found the Lease to be mutually beneficial; and
[ 1
•
WHEREAS, the parties desire to amend the Lease;
NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual
covenants and promises hereinafter contained, the parties hereto do hereby agree as follows:
Section 1. Paragraph 4 of the Original Agreement is amended to read as follows:
4. Term - This lease agreement renewal will take effect on the 1" day of July
2018, and will terminate on the 30` day of June 2020, unless terminated earlier under
another paragraph of the Original Agreement.
Section 2. Paragraph 5 (a) and (b):
Lessee pays a total monthly rental payment in the amount of One Hundred and 00 /100
($100.00) Dollars and in addition to the monthly rental payment, pays LESSOR five per
cent (5 %) of its total gross proceeds per month, plus sales and usage tax, or One Hundred
and 00 /100 ($100.00) Dollars whichever is greater. The County agrees to abate the total
monthly rental payment for September 2017 in the amount of One Hundred and 00 /100
($100.00) Dollars and accept only five per cent (5 %) of Lessee's total gross proceeds as
the additional percentage payment for that month due to the closure of Higgs Beach as a
result of Hurricane Irma damage.
Section 3. Paragraph 16 of the Original Agreement is amended to read as follows:
16. NON - DISCRIMINATION. The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. The parties agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-
1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 6101- 6107), which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
Except as set forth in Sections 1, 2 and 3, all other provisions of the December 10, 2014
Original Agreement, as amended, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Second Lease Agreement Renewal
to be executed by a duly authorized representative.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
B r ki
Deputy C erk 05.10T8
WITNESSES:
Printed Name Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /C rman OS •�(� S
LESSEE: PAMELA USLANDER
By:
Title: Owner 5 I�
By:
Printed Name Date
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