Item C29 C.29
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: C29
Agenda Item Summary #5769
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
N/A
AGENDA ITEM WORDING: Approval of Lease Assignment, Assumption, and Consent of Lease
with Tropical Watersports, LLC to Salute Watersports, LLC for the MOBILE RETAIL
MERCHANDISE OR SERVICE CONCESSION at Higgs Beach.
ITEM BACKGROUND: Tropical has entered into an Agreement for Purchase and Sale of Assets
dated June 27, 2019, with Salute Watersports, LLC. The parties have requested that the County
consent to the assignment of Tropical's current Lease to Salute Watersports, LLC of its Mobile
Retail Merchandise or Service Concession at Higgs Beach. Tropical desires to assign all of its
rights, interests, and obligations under the Lease to Salute Watersports, and Salute Watersports
desires to assume all of Tropical's liabilities and obligations under the Lease. The Lease
Assignment, Assumption, and Consent provides for the assignment of the Lease and the assumption
by Salute Watersports of all of the same terms and conditions as currently in place, with the
Assignment, if approved by the Board, to be effective upon the date the transaction between Tropical
and Salute Watersports closes. Their closing date shall occur on or before July 19, 2019, or two (2)
business days following approval of the assignment of the Lease, whichever shall last occur.
On February 21, 2018, the BOCC granted approval to advertise an RFP for Higgs Beach
Concessions. Tropical Watersports, LLC ("Tropical") was the only respondent. The County and
Tropical entered into a Lease Agreement dated October 17, 2018, for a one (1) year term beginning
October 16, 2018 and terminating October 15, 2019, with the option to renew for five (5) additional
one (1)year terms. Tropical agreed to pay $500 per month as its rental fee in addition to 7.5% of its
monthly gross taxable sales. They also proposed to pay a guaranteed minimum annual fee of
10.125% of the annual gross taxable sales. In the event the combined annual monthly $500 rent plus
the total of the monthly 7.5% gross taxable sales is not greater, then the Lessee would pay the
10.125% annual gross taxable sales fee difference. Since the proposed fees were greatly reduced
from the previous Lease Agreement with Tropical, the parties agreed after the initial one (1) year
term to reassess the terms at that time and if an agreement can be reached, Lessee will have the
option to renew for the first of the five (5) additional one (1) year terms. The proposed rates have
resulted in a significant reduction in revenues from the prior concession agreement.
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PREVIOUS RELEVANT BOCC ACTION:
October 17, 2018 BOCC approved an award of bid with a one (1) year Lease Agreement
retroactive to October 16, 2018, which expires on October 15, 2019. The
lease may be renewed, at the County's discretion, after reassessing the
terms and pending negotiations between the parties for five (5) additional,
one (1) year terms.
February 21, 2018 BOCC approval to advertise a Request for Proposals for mobile retail
merchandise or service concession at Higgs Beach.
CONTRACT/AGREEMENT CHANGES:
Consent of Assignment of Lease with Tropical Watersports, LLC to Salute Watersports, LLC for
MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION at Higgs Beach
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Lease Assignment Assumption Consent (vendor executed -legal stamped)
06/27/19 Agreement for Purchase and Sale of Assets
10/17/2018 Agreement
TWS PROPOSAL Response to RFP 09-26-18
RFP for HIggs Beach Retail Concessions
FINANCIAL IMPACT:
Effective Date: Date of closing between Tropical & Salute Watersports, which shall be on or
before July 19, 2019, or two (2)business days following approval of assignment of the Lease by
the BOCC, whichever shall last occur.
Expiration Date: October 15, 2019
Total Dollar Value of Contract: $500.00/month plus 7.5 % of the monthly gross taxable sales
Total Cost to County: N/A
Current Year Portion: Lessee agrees to pay a guaranteed minimum annual fee of 10.125% of its
annual gross taxable sales, or the sum of the annual monthly rental of$500.00,plus the total of
the 7.5% of the monthly gross taxable sales, whichever is greater.
Budgeted: Yes
Source of Funds: Revenue
CPI: Yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
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Revenue Producing: Yes If yes, amount: $500.00/month,plus 7.5 % of its monthly gross
taxable sales.
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: This Lease calls for a significantly reduced revenue stream from the prior
lease. The remainder of the lease is three(3) months but may be renewed, at the County?s
discretion, after reassessing the terms and pending negotiations between the parties for five(5)
additional, one(1) year terms.
REVIEWED BY:
Patricia Eables Completed 07/01/2019 1:08 PM
Kevin Wilson Completed 07/01/2019 1:19 PM
William DeSantis Completed 07/01/2019 1:24 PM
Budget and Finance Completed 07/01/2019 2:27 PM
Maria Slavik Completed 07/01/2019 2:33 PM
Kathy Peters Completed 07/01/2019 3:14 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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LEASE ASSIGNMENT, ASSUMPTION,AND CONSENT
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This LEASE ASSIGNMENT,ASSUMPTION,AND CONSENT(the"Assignment") is
made and entered into as of July 17, 2019, by and between MONROE COUNTY, a political
subdivision of the State of Florida, ("Landlord"), TROPICAL WATERSPORTS, LLC, a Florida
Limited Company, ("Assignor"), and SALUTE WATERSPORTS, LLC, a Florida Limited
Liability Company ("Assignee").
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WITNESSETH:
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WHEREAS, Landlord and Assignor are all of the parties to that certain Lease Agreement
dated October 17, 2018, for the operation of a mobile concession on the Clarence S. Higgs
Memorial Beach Park, as set forth in Exhibit "A" (the "Lease"), attached hereto and made a part
hereof; and
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WHEREAS, Assignor desires by this instrument to assign all of its rights, interests, and �?
obligations under the Lease to Assignee, and Assignee desires to assume all of Assignor's
liabilities and obligations under the Lease,and Landlord desires to consent to such assignment and
assumption, all upon the terms and conditions set forth herein;
NOW, THEREFORE, for valid consideration the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
I. Assignment. Assignor hereby assigns, transfers, and conveys unto Assignee all of
Assignor's rights and interests under the Lease, and hereby assigns, transfers, and conveys unto
Assignee all of Assignor's obligations and liabilities under the Lease, effective upon the date the
transaction between Assignor and Assignee closes.
2. Assumption. Assignee hereby assumes and agrees to pay, discharge, and perform
in a full and timely manner all of Assignor's liabilities and obligations under the Lease, effective U)
upon the date the transaction between Assignor and Assignee closes. 0
3. Consent. Landlord hereby consents to the foregoing assignment and assumption,
and releases Assignor from any liability or obligation under the Lease arising or incurred on or
after the date of this Assignment. Landlord also hereby acknowledges and confirms to Assignee
that:
(i) Assignor and Landlord are all of the parties to the Lease; E
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(ii) the Lease represents the entire understanding of the parties with respect to U'
the matters that are the subject thereof, and has not been amended or otherwise
modified;
(iii) the Lease is in full force and effect in accordance with its terms,which terms
have not been further modified;
(iv) Assignor has paid to Landlord all amounts due and payable under the Lease
to date and has performed all non-monetary obligations under the Lease to date;
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(v) to Landlord's knowledge, no defaults on behalf of either Assignor or
Landlord have occurred and are continuing under the Lease, nor have any events
occurred which with the giving of notice, the passage of time or both would
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constitute defaults under the Lease; U)
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(vi) there are no present charges, liens, or claims of offset under the Lease;
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(vii) the address for notices to be sent to the Landlord and Assignee is set forth
in paragraph 46 of the Lease and said paragraph is hereby amended as to the ,
addresses only as follows:
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For Lessor: For Lessee:
Monroe County Salute Watersports, LLC
Facilities Maintenance Contract Monitor Attention: Richard Hatch
3583 S. Roosevelt Blvd. 729 Thomas Street �?
Key West, FL 33040 Key West, FL 33040
And
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Monroe County Attorney
P. O. Box 1026
Key West, FL 33041-1026
(viii) Landlord has no cause of action against Assignor arising out of the Lease,
nor to the best of Landlord's knowledge does the basis for any cause of action exist;
and Assignor has no cause of action against Landlord arising out of the Lease, nor
to the best of Assignor's knowledge does the basis for any cause of action exist;
(ix) the initial tern of the Lease shall terminate on October 15, 2019, with an U)
option to renew the Lease, at the County's discretion, for five (5) additional, one
(1) year terms pursuant to paragraph 5 of the Lease;
(x) the rent under the Lease is currently Five Hundred and 00/100
($500.00) Dollars per month, plus a percentage of the monthly gross taxable
sales pursuant to paragraph 6 of the Lease;
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(xi) there are no additional capital expenditures other than those expressly stated a
in the Lease. U)
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4. Full Force and Effect. The Lease shall continue in full force and effect and the
Lease is hereby ratified. In the event of a conflict between the terms of the Lease and this
Assignment, this Assignment shall prevail.
5. Biirding Effect. This Assignment shall not be effective unless and until the
transaction between Assignor and Assignee closes. Thereafter, it shall be binding upon and shall
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inure to the benefit of Assignor,Assipee,Landlord,and their respective and permitted successors
and assigns.
6. Counterparts. This Assignment may be executed in any number of cc to
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each of which shall be deemed an original and all of is said counterparts together shall CD
constitute one agreement with the same effect as if the parties had signed the same signature page. 2M
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the -j
day and year first written above. r_
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(SEAL) BOARD OF COUNTY COMM[SSIONERS
ATTEST: KEVIN MADOK, OF MONROE COUNTY,FLORIDA
CLERK r_U)
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By: By:
Deputy Clerk Mayor Chairman
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TROPICAL WATERSPORTS V I, C.
Assignor
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Witnesses �Rr-XTER��
ROBERT C.REXTER
r 0 State of Rhode nd By:
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Expires Name.
Title: /A4;,^,,,i
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SALUTE WATERSPORTS,LLC, .2
Assignee
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Name: ........ ........... ...................................
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MONME COUNTY ATTORNEYS OFFICE
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inure to the benefit of Assignor,Assignee,Landlord,and their respective and permitied successors
and assigns,
6. Counterparts. This Assignment may be executed in any number of counterparts, U)
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each of which shall be deemed an original and all of which said counterparts together shall 2M
constitute one agreement with the same effect as if the parties had signed the same signature page.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
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day and year first written above.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: MADOK, OF MONROE COUNTY, FLORIDA
CLKEVINERK
By"r,.................... ............ E
Deputy Clerk Mayor/Chairman U)
TROPICAL WATERSPORTS, LLC, X
Assignor
Witnesses
................................................... .............................. By:
Name:
Title:
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SALUTE WATERSPORTS, C,
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Witnesses I
.......... ................. By�
7� Name. .—
..................... ............... Title:
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MONME COUNW AFrORNM GMCE
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PATRIVA EeLES
ASSfW%AW W
DATE: _j%W11EY
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EXHIBIT "A"
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LEASE AGREEMENT U)
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FOR HIGGS BEACH CONCESSION
dated October 17, 2018
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QWAtr
'% Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County;Florida
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DATE: October 23, 2018
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TO: Alice Steryou
Contract Monitor
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FROM: Pamela G.Hanco .C. U)
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SUBJECT- October 17'BOCC Meeting
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Attached is a duplicate original of Item S3, one year Lease Agreement with Tropical 0
Watersports,LLC, for a mobile retail mercliandise or service concession at Higgs Beacli,for your
handling.
Sliould you liave any questions,please feel free to contact me at ext. 3550. Tliank you.
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to
Facilities Supervisor
County Attorney
Finance U)
File U'
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Fiorlda 33070 Plantation Key,Florida 33070
305-2944641 305-289-6027 305-852-7145 305-852-7145 �
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LEASE
FOR HIGGS BEACH COQESSION
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THIS LEASE AGREEMENT is made and entered into on the 17th day of October,2018,
by and between MONROE COUNTY,a political subdivision of the State of Florida,hereinafter
referred to as"County" or"Lessor", whose address is 1100 Simonton Street, Key West, Florida
33040, and Tropical Watersports, LLC., hereinafter referred to as "Lessee" or "Tenant",
whose mailing address for purposes of this Agreement is 1607 Laird Street, Key West, Florida
33040;
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WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach Park,
hereafter"Higgs Beach",that has space(s)available for mobile concessions;and
WHEREAS, County advertised via the competitive solicitation process a Request for
Proposals ("RFP") for Mobile Retail Merchandise or Service Concession at Higgs Beach,
through which Lessee was sole respondent;
WHEREAS, Lessor has negotiated the terms of the lease with Lessee to operate a
concession(s)at Higgs Beach in Key West, Florida,and
WHEREAS, Lessor desires to grant to Lessee the right to operate a concession(s) at
Higgs Beach at Key West,Florida,and 0
WHEREAS,the Lessee desires to enter into such a lease and represents to the Lessor that
it is qualified to operate a concessions) and has the financial resources to undertake such an
operation;
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NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants
and promises hereinafter contained,the parties do hereby agree as follows:
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1. Premises. Lessor hereby leases to Lessee the area identified and shown on U)
Exhibit "A", hereafter the "Premises", for use as a Concession. Exhibit "A" is attached to this
agreement and incorporated by reference. The mobile retail concession operation shall be E
located at least fifty (50) feet away from other concessions located at Higgs Beach. Lessee's
concession shall be operated from the area identified as ` 1" on Exhibit "A" attached hereto. U)
Lessee's location may be relocated at the County's discretion as construction needs dictate for
implementation of the Higgs Beach Master Plan as shown on Exhibit "B" attached hereto and
made a part hercof.
2. Concession Products and Services. This agreement is limited to rentals of E
lounge chairs, lawn/patio chairs, umbrellas, volley balls, and watersports equipment, to include
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single kayaks, paddleboards and inner tubes. The use of children's sand toys, floating noodles,
and boogie boards are complimentary to customers.Items for sale include mask and snorkel sets,
Conch Republic flag towels, Panama lack sunblock, and non-exclusive Conciergee services.NO 0)
OTHER SERVICES OR PRODUCTS MAY BE PROVIDED WITHOUT THE WRITTEN
CONSENT OF THE COUNTY.
3. Lease D n The lease documents, of which this agreement is a part,
consists of the lease documents, which are as follows: This agreement and any amendments
executed by the parties hereafter, together with the RFP and any addenda, the response to the
RFP and all required insurance documentation. In the event of a discrepancy between the
documents,precedence shall be determined by the order of the documents as just listed.
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4. Regulations.
(a)The Lessee shall provide a list of all merchandise it intends to sell and services to
be provided with pricing as shown on Exhibit"C" attached to this agreement and incorporated
by reference. The County reserves the right to reject any items or services it finds inappropriate,
objectionable, or not in the best interests of the County. Lessee is permitted to employ U)
entertainment in the form of a tape/CD, IPod, or internet sound system. Other forms of
entertainment may be permitted with the written consent of the Director of Facilities
Maintenance or his designee. Where permitted, no sound source shall be permitted that is so
loud that it emanates outside of the Lessee's concession space. Lessee will be responsible for
obtaining any and all licenses or necessary authorizations to utilize such means of entertainment
as set forth herein, if applicable,and indemnify the Lessor for any claims or violations thereto. is
(b) The Lessee must comply with all the applicable requirements of the statutes,
rules, ordinances, regulations, orders, and policies of the federal, state, county, and city
governments either in effect on the effective date of this Lease or later adopted. r_
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(c) Lessee shall be required to obtain Monroe County and City of Key West
Occupational Licenses before beginning operations. Lessee shall also be responsible for
obtaining any additional licenses which may be required by Lessee's operations at Higgs Beach E
before beginning operations. A copy of all licenses must be provided to the County's contract U)
manager within fifteen(15)days of contract award.
5. Term. This Lease Agreement shall commence retroactive to the 16" day of
October, 2018, and will terminate on the 151 day of October , 2019, unless terminated earlier
under another paragraph of this agreement. This Lease may be renewed, at the County's
discretion, after reassessing the terms and pending negotiations between the parties for five (5)
additional, one (1) year terms upon written request by the Lessee, provided at least sixty (60)
days prior to termination of the Lease or any renewal thereof:
6. Rcntsii and Fees.
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(a)RENT: Lessee agrees to pay Lessor rent in the amount of Five Hundred and 00/100
Dollars ($500.00) per month, for retail merchandise or service concession space as shown on
Exhibit"A".Rental payments are due by the I"day of the month for which the rent is due and;
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(b) PERCENTAGE (%) GROSS TAXABLE SALES: In addition to the monthly
rental payment, Lessee agrees to pay Lessor 7.5 % of the monthly gross taxable sales.
Payment of charges under this subparagraph shall be made in monthly installments. A
statement, including proof of monthly revenue, itemized into categories and a log
documenting days and hours of operation, shall be provided by the Lessee to the Lessor each
month. The Lessee must provide the County with the sales tax records for each month or quarter o
depending on filing requirements. Payment shall be made no later than the 25th day of the
month payment is due, i.e.January payment by February 25, February by March 25,etc.
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(c)ANNUAL GUARANTEE: The Lessee agrees to pay a guaranteed minimum annual
fee of 10.125% of annual gross taxable sales, or the annual monthly rental of Five
Hundred Dollars($500.00), plus the total of the 7.5% of the monthly gross taxable
sales, whichever is greater. Annual gross sales revenues are determined on a calendar year U)
basis. A calendar year shall run from January 1 st through December 31 st inclusive. I f t h e
annual guaranteed minimum of 10. 125% is applicable, payment shall be
made no later than the 25th day of January of the current year following the year of the
aforementioned calculations. The Lessee must provide the County with the sales tax records for
each month or quarter depending on filing requirements and remit the difference. X
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(d) An annual rental payment adjustment shall be made in accordance with the
percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the prior
calendar year ending on December 31st. The increase will take effect on the anniversary month
of the month when the operation opened for business. In the event of a deflationary CPI-U, no
adjustment in the lease amount will be made. All payments should be made payable to the
Monroe County BOCC and directed to the Facilities Maintenance Contract Monitor, 1100
Simonton Street,2"'Floor,Room 2-216,Key West,FL 33040.
(e) No rent payments are due under this agreement until the operation is open for U)
business. If the operation opens on a date other than the first of the month, then tlhe rent charge
will be prorated as a percentage that the number of days in the month that the operation was in
business represents to the month as a whole. r
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(1) Lessee must open the operation for business within fifteen (15) days of the
effective date of this Agreement.
(g) Lessee shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles E
consistently applied. Each party to this Agreement or their authorized representatives shall have a,
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reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four (4) years following the
termination of this Agreement. An annual operating statement prepared by a C.P.A. must be
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provided to the Lessor on or before February 28 of the following year.
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(h) The Lessee must pay all assessments, taxes, including sales taxes, levied by any
governmental body with the power to impose assessments or taxes. The Lessee must provide the
County with the sales tax records for each month or quarter depending on filing requirements as
set forth in Paragraph 6(b)herein.
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(i) The Lessee must provide all items and equipment needed for the operation
including, but not limited to: vehicle and/or mobile cart, shelving, display cases, tables, chairs,
refrigeration units,etc. Lessee's items and equipment must be removed from the Premises at the 0
end of each day or secured in a location within Lessee's concession space, as agreed upon with
the Lessor,in such a manner as to not interfere with any daily beach cleaning operations.
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(j) Notwithstanding anything set forth in paragraph 11 of this agreement, if the
Lessee fails to pay any rents or fees due under this lease within fifteen (15)days after the Lessor
notifies the Lessee in writing that the rent ar charge is overdue, then the Lessor may, in its
discretion, either immediately or later, expel the Lessee and any persons claiming the premises
by or through the Lessee,and remove any of the Lessee's effects without being guilty of trespass
and without prejudice or waiver to any other available remedy the Lessor might have for the
recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease
will terminate. However, the Lessee's obligation to pay the rent or charges due will survive the
termination. Overdue rent and charges will accrue interest beginning on the 161 day after the
Lessee was notified in writing by the Lessor that the renter charges were overdue. The interest
rate will be that established by the Comptroller under Sec. 55.03, F.S., for the year in which the r_
rent or charge first became overdue.
7. Force Maleure; Neither party shall be liable for any failure or delay in the
performance of its obligations under the Lease Agreement to the extent such failure or E
delay necessarily results from the occurrence of a Force Majeure Event beyond the control or U)
reasonable anticipation of either party, including, but not limited to, compliance with any
unanticipated government law or regulation not otherwise in effect at the time of execution of
this Agreement,acts of God, unforeseeable governmental acts or omissions,fires,strikes, natural r
disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever
beyond the reasonable control of the parties (and such cause being referred to as a"Force
Majeure Event"). Accordingly,the parties further agree that: U)
(a) Upon the occurrence of Force Majeure Event, the non-performing party shall be
excused from any further performance of those obligations under this Agreement that are E
affected by the Force Majeure Event for as long as (a)the Force Majeure Event continues; and a,
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(b) the non-performing party continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay.
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(b) Upon the occurrence of a Force Majeure Event, the non-performing party shall
notify the other party of the occurrence of such event and describe in reasonable detail the U)
effect(s)of such event upon the party's performance of its obligations and duties pursuant to this
Agreement. Such notice shall be delivered or otherwise communicated to the other party within
two (2) business days following the failure or delay caused by the Force Majeure Event, or as
soon as possible after such failure or delay if the Force Majeure Event precludes the non-
performing party from providing notice within such time period.
(c) In the event of a Force Majeure Event, the time for performance by the parties
under the applicable statement of work shall be extended for a period of time equal to the time 0
lost by reason of such cause through execution of an amendment pursuant to the terns of the
Agreement.
S. Baekgr2&tnd Checks/Personnel. Lessee's employees must consent to Level
l background checks and the results are to be provided to the County. The County reserves the 0
right to refuse personnel based on results of the background check. The County reserves the
right to demand of the Lessee replacement of an employee for the Lessee if a conflict or problem
with that employee should arise. The County's Facilities Maintenance Director or his assignee
shall have the right to require any employee(s) of the Lessee to be permanently removed from
the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the
responsibility of the Lessee to inform the Facilities Director or his assignee of all new hires and
the results of the background check.
(a) The Lessee will be responsible for the supervision,hiring,and firing of their own
employees and shall be solely responsible for the pay, worker's compensation insurance, and
benefits.
(b) Communication between the County Rcpresentative and the concession personnel E
is very important. Therefore, the Lessee must assure that at least one (1) concession personnel U)
can communicate well with the County Representative. Any employee hired by the Lessee will
be the Lessee's employee and in no way has any association with the County. The Lessee shall
insure that its employees are trained in all appropriate safety regulations, and comply with all
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such applicable laws and regulations and comply with all other local, State, and Federal U)
regulations.
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(c) Uniforms are preferred for concession personnel however; photo identification
cards are required, which shall clearly identify personnel its employees of the Lessee. This
requirement shall apply upon entering County property and at all times while on duty. E
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(d) Contractor/Respondent further agrees to notify the County immediately upon
becoming aware that one of its employees, who previously completed the background check, is CO
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subsequently arrested or convicted of any crime. Failure by Contractor/Respondent to notify CD
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County of such arrest or conviction within forty-eight(48) hours of being put on notice by the
employee and/or within five (5) days of its occurrence shall constitute grounds for immediate
termination of this Lease by County. The parties further agree that failure by
Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a
material breach of the contract entitling County to terminate this contract immediately with no
further responsibility to make payment or perform any other duties described herein.
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9. Hours of Operation. The Lessee agrees to furnish good, prompt and efficient
service and/or merchandise to meet all demands for concession service at Higgs Beach. Lessee
shall offer quality products at competitive prices at least consistent with similar goods and �?
services presently being offered locally in other local facilities. All pricing for all goods and
services are to be posted and visible for all customers. The operation must be open for service
363 days per year and will operate from 9:00 a.m., or after beach cleaning is completed, to 5:00
P.m., as a minimum, provided winds are below 15 mph (for umbrella safety) and weather U)
permitting, Closing for Thanksgiving day and Christmas day are optional. The hours can be
revised by mutual consent. For purposes of setting up the concession in the morning and closing
the concession in the evening, Lessee may arrive one half hour prior to, and depart no later than
one half hour after,the hours of operation. The Lessee shall provide to the Lessor a monthly log
documenting days and hours of operation. The concession must be roadworthy to meet any
FEMA requirements for evacuation from the park and, if necessary, properly registered and
Iicensed for over the road use.
10.Use and Conditions.
(a) The Lessee must provide an adequate number of covered metal or commercial U)
outdoor plastic waste containers at its operation. Lessee shall provide separate containers for
waste and for recyclables. Lessee must deposit all trash, waste, and recyclables in those
containers for proper disposition of the waste and recyclables at the place designated by the
Lessor.
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(b) No signs, advertising,or awnings may be erected by the Lessee, unless they are
approved by the Director of Facilities Maintenance or his designee in writing.
(c) The concession stand will not have commercial lighting of any type, including U,
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signage.
(d) Smoking shall be prohibited by all concessionaire employees within fifty(50)feet U)
of each concession location.
(e) If the Lessee chooses to install a security alarm system, it will be of the non-
audible type,and approved in writing by the County Administrator or his designee.
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(f) The rental or selling of fishing equipment will not be permitted.
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(g) As a protection, Monroe County takes many precautions to preserve the beaches
and natural environment. The County commits to protecting Sea Turtles, other coastal wildlife
and their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea
turtle conservation groups during turtle nesting season,April 15 through October 31,when Save-
a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is
important that the Lessee understand these environmental regulations. U)
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(h) The Lessee is responsible for the sole costs and expenses and any maintenance of
the Lessee's operation, including any utilities required for its operation and the equipment used
by Lessee and/or offered for rental. All accessories and equipment applicable to Lessee's �?
concession operation(tables,canopies,chairs,etc.)shill be clean and in good working condition
at all times. All rental equipment shall meet strict safety standards, and equipment which is
broken,or a potential safety risk,shall be removed immediately.The Lessee will be responsible
for insuring equipment is safe and meets all regulated safety requirements. Facilities U)
Maintenance Director or Assignee reserves the right to remove equipment from the beach at any
time if it does not meet minimum service or appearance standards.
11. Lessor's Termination. Except as otherwise provided herein, the Lessor may
cancel this agreement when,alter giving the Lessee thirty(34)days' written notice that an act of
default has occurred,the Lessee fails or cannot cure the following:
(a) The appointment of a receiver of the Lessee's assets.
(b) The divestiture of the Lessee's interest in the lease by court order or other
operation of law.
(c) The Lessee's abandonment of the operation. Failure to open the operation and
keep it open during the business hours described in this agreement for seven(7)consecutive days
shall constitute abandonment.
(d) The failure of the Lessee to timely perform any of the obligations required of it
under this agreement.
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No waiver of default by the Lessor of any of the obligations required of the Lessee under
this agreement may be construed as a waiver of any subsequent default of any of the obligations
that are required to be performed,kept or observed by the Lessee. The Lessor's waiver of an act E
of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement 2'
because of the Lessee's failure to subsequently perform an obligation or obligations under this U'
Lease Agreement.
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12. Lessee's Termination. If the Lessee is not in default of its obligation to pay the
rent and the charges, then the Lessee may cancel this agreement when, after giving the Lessor
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thirty (30) days written notice of an act of default, the Lessor fails or cannot cure, or fails to
timely perform,the obligations required of it under this Lease Agreement.
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13. Insurance. Before entering the Premises, the Lessee must obtain insurance in
the Amounts and according to the conditions described as follows:
(a) The Lessee will be responsible for all necessary insurance coverage which
includes,at a minimum:
Worker's Compensation-$100,000 Bodily Injury by Accident;
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$500,000 Bodily Injury by Disease, policy limits;
$100,000 Bodily Injury by Disease,each employee
Vehicle Liability-$300,000 combined single limit
General Liability-$300,000 combined single limit �?
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of proposal, with Monroe County BOCC listed as an additional insured on all policies,
except Workers Compensation. If the proper insurance forms are not received within the fifteen U)
(15)days, the proposal may be awarded to the next selected respondent. All forms of insurance
required above shall be from insurers acceptable to the County. Lessee cannot begin operating
until Certificates of Insurance have been received by the County. The Lessor,at its sole option,
has the right to request a certified copy of any or all insurance policies required by this Lease.
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.
(b) The Lessee must keep in full force and effect the insurance described during the
term of this agreement. If the insurance policies originally purchased that meet the requirements
are canceled, terminated, or reduced in coverage, then the Lessee must immediately substitute
complying policies so that no gap in coverage occurs. Copies of current policy certificates shall
be filed with the Monroe County Risk Department or the facilities Contract Manager, as
appropriate,whenever acquired,amended,and annually during the term of this Lease. E
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(c) The insurance required of the Lessee in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not,
however, for the protection of any specific member of the general public who might be injured
because of an act or omission of the Lessee. The insurance requirements of this paragraph do not
make any specific injured member of the general public a third party beneficiary under this
agreement. Therefore, any failure by the County to enforce this paragraph,or evict the Lessee if
the Lessee becomes uninsured or underinsured,is not a breach of any duty or obligation owed to
any specific member of the general public and cannot form the basis of any County liability to a
specific member of the general public or his/her dependents,or estate,or heirs. E
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(d) Notwithstanding anything set forth in paragraph I 1 of this agreement; the Lessor
may treat the Lessee in default if the Lessee,after entering the premises but before beginning its
operation, does not have the insurance required by subparagraph 12(a). Before the County may
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terminate the agreement in this situation, the County must give the Lessee a written notice of the
default stating that, if the required insurance is not obtained within ten(10) days of the Lessee's
receipt of notice, then the County will cancel this agreement. The County may treat the Lessee
in default and cancel this agreement if the Lessee,after starting the operation, fails to keep in full
force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in
default and terminating the agreement in this situation, the County need only provide the Lessee U)
24-hour notice by E-Mail or overnight courier. The County may, but need not, provide Lessee
with an opportunity to cure the default.
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14. Non-Exclusive Rights. Notwithstanding anything herein contained that may be,
or appear to be, to the contrary, it is expressly understood and agreed that the rights granted
under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar
privileges to another Lessee or other Lessees on other parts of Higgs Beach.
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15. RiRhts Upon Termination; At the end of this agreement (or any renewal), the
Lessee's right to the Premises, the use of Higgs Beach facilities,and any other right or privilege
granted under this agreement ceases. All equipment, improvements, furnishings, and other
property of the Lessee at the Premises are personal to the Lessee and remain the property of the
Lessee and must be removed by him/her. The Lessee must also restore the Premise to its original X
condition, ordinary wear and tear and damage by causes beyond the control of the Lessee,
excepted.
16. County's Right of Entry. Lessor reserves the right hereunder to enter upon the
Premises at any reasonable time, with advance notice, for any purpose connected with the
performance of the Lessor's obligations under this agreement or in the exercise of its
governmental functions.
17. Assignment. The Lessee may not assign this agreement, or any part of it, or
sublease the Premises,or any portion of the Premises,without the written approval of the Lessor. U)
The change of the Lessee's status from an individual to a partnership or corporation is an
assignment under this paragraph requiring the Lessor's approval. If the Lessee is approved to do E
business in the corporate form, any assignment of a controlling interest in the corporate stock is
also an assignment under this paragraph that requires the Lessor's approval. All the obligations U)
of this agreement will extend to the legal representatives, successors, and assigns of the Lessee
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and Lessor.
18. Indemnification/Hold Harmless/Defense. The Lessee covenants and
agrees to defend,indemnify and hold harmless Monroe County Board of County Commissioners,
and its elected and appointed officers,officials,agents,servants,and employees from any and all
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claims, demands, or causes of action for bodily injury (including death), personal injury, and
property damage(including property owned by Monroe County)and any other losses, damages, 03
costs,penalties, and expenses(including attorney's fees)which arise out of, in connection with, CD
or by reason of the Lessee utilizing the property governed by this leaselrental agreement. The
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extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
19. Nondiscrimination. Lessee agrees 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 o
any further action on the part of any party, effective the date of the Court order. Lessor and
Lessee 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 0
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the
basis of race,color,religion,sex,and national origin;2)Title IX of the Education Amendment of a
1972, as amended (20 USC ss. 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 s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975,as amended(42 USC ss.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 is
Service Act of 1912,ss. 523 and 527(42 USC ss.690dd-3 and 290ee-3),as amended,relating to
confidentiality of alcohol and drug abuse patient records; 8)Title Vill of the Civil Rights Act of
1968 (42 USC s.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 s. 12101 Note),
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 14,Article 11, which prohibits discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to,or the subject matter of,this Lease.
20. Mcchanis's Liens. The Lessee shall not permit any mechanic's lien or liens to E
be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be
the sale responsibility of the Lessee or its officer, employee, agent, contractor, or other U)
representative causing the lien to be fled to discharge the lien and to hold harmless and defend
Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Slat., the
liens authorized in Chap. 713, Fla. Slat. does not apply to the Lessor.
21. Records — Access and Audits. The Lessee shall maintain all books, records, E
and documents directly pertinent to performance under this Agreement in accordance with
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generally accepted accounting principles consistently applied and maintain such records for a
period of four (4) years after termination of this Lease. The Lessor, its officers, employees,
agents, and contractors shall have access to the Lessee's books, records, and documents related
to this Lease upon request. The access to the inspection of such books, records, and documents
by the Lessor shall occur at any reasonable time.
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22. Relationshin of Parties. The Lessee is, and shall be an independent contractor
and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and
supervision over the means and manner that its employees, agents, or volunteers perform the
work for which purpose this Lease is entered. The Lessee shall have no authority whatsoever to 0
act on behalf and/or as agent for the Lessor in any promise, lease, or representation other than
specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any
negligence on the part of the Lessee, its employees, agents, or volunteers resulting in either �?
bodily or personal injury or property damage to any individual,property,or corporation.
23. Subordination. This Lease is subordinate to the laws and regulations of the
United States, the State of Florida, and Monroe County, whether in effect on commencement of
this Lease or adopted after that date.
24. Premises to be Used for Lawful Purposes. 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 leasehold property, nor any portion thereof, for purposes calculated to injure the
reputation of the leasehold property or of the neighboring property, nor for any purpose or use in is
violation of the laws of the United States, or of the State of Florida, or of the Ordinances of
Monroe County, Florida, or the City of Key West, Florida. Lessee will keep and save the Lessor
forever hanmlcss from any penalty or damage or charges imposed for any violation of any of said
laws, whether occasioned by neglect of Lessee and 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 leasehold Premises or any part thereof
by Lessee. E
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25. Limitation of Lessor's Liability. It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants in the Lease, for any damages E
whatsoever to the Lessee beyond the rent reserved by the Lese accruing,for the act, or breach of
covenant, for which damages may be sought to be recovered against said Lessor,and that in the U)
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, said Lessee shall not be
required to pay rent under this Lease while it is so deprived of said property, and that said Lessor
shall not incur any liability as a result of such ouster.
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26. No Waiver of Breach. 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 CO
construed to be a waiver of any succeeding breach of the same covenant. CD
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27. Severability. If any term,covenant,condition, or provision of this Agreement(or
the application thereof to any circumstance or person)shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions,
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms,,covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. Lessor and Lessee agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the 0
stricken provision.
28. Bindine Effect. The terns, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal U)
representatives,successors,and assigns.
29. Authority. Each party represents and warrants to the other that the execution,
delivery, and performance of this Agreement have been duly authorized by all necessary County
and corporate action,as required by law. X
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34. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be,
and is,empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Lease; provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
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31.Ad'udication of Disgutes or Disagreements, Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the :3
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as U)
may be provided by this Agreement or by Florida law.
32. Cooperation. In the event any administrative or legal proceeding is instituted r
against either party relating to the formation, execution, performance, or breach of this U)
Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in
all proceedings,hearings,processes,meetings,and other activities related to the substance of this
Agreement or provision of the services under this Agreement. Lessor and Lessee specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
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33. Covenant of No Interest. Lessor and Lessee covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree CO
with its performance under this Agreement, and the only interest of each is to perform and CD
receive benefits as recited in this Agreement,
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34. Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation;misuse of public position,conflicting employment or contractual relationship;and
disclosure or use of certain information.
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35. No Solieitation/Paymcnt. Lessor and Lessee warrant that, in respect to-itself, it �?
has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent U)
upon or resulting from the award or making of this Agreement. For the breach or violation of
this provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount
of such fee,commission,percentage,gift,or consideration.
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36. Public Access. The Lessor and Lessee shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the
Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to
unilaterally cancel this Lease upon violation of this provision by Lessee.
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37. Ion-Waiver of Immunity. Notwithstanding the provisions of Sec. 768 28,
Florida Statues, the participation of the Lessor and the Lessee in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local �
government insurance pool coverage shall not be deemed a waiver of immunity to the extent of U'
liability coverage, nor shall any contract entered into by the Lessor be required to contain any
provision for waiver. E
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38. Privileges and Immunities. All of the privileges and immunities from liability, U)
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation,and other benefits which apply to the activity of officers, agents,or employees of
any public agents or employees of the Lessor, when performing their respective functions under
this Agreement within the territorial limits of the Lessor, shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the Lessor.
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39. Legal Obli ations and Responsibillitles. Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida
Constitution,State Statute,and case Iaw.
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40. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or beneFt of any service or program contemplated hereunder, and �?
the Lessor and Lessee agree that neither the Lessor nor Lessee or any agent,officer,or employee
of either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
41. Attestations. Lessee agrees to execute such documents as the Lessor may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
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42. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe
County in his or her individual capacity, and no member,officer, agent, or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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43. Exesutiou in Countyrnarts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall �
constitute one and the same instrument and any of the parties hereto may execute this Agreement U'
by signing any such counterpart.
44. Other Use. Lessee shall not use or permit the use of the Premises or any part
thereof for any purpose or use other than an authorized by this Agreement. U)
45. Paragmgh Headings. Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any paragraph.
46. Notices. Any notice or other communication from either party to the other
pursuant to this Agreement shall be sent by United Slates Mail,certified return receipt requested,
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or by courier with proof of delivery. The place of giving Notice shall remain the same as set
forth herein until changed in writing in the manner provided in this paragraph. Notice shall be
sent to the following addresses:
For Lessor: For Lessee:
Monroe County
Public Works Facilities Contract Monitor Chris Lembo
1100 Simonton St. 1607 Laird Street
2"d Floor,Room 2-216 Key West,FL 33040 <
Key West, FL.33040 305 304-0093 0
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Monroe County Attorney
Post Office Box 1026
Key West,FL 33041-1026
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47. Rights Reserycd. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
48. Governing Law,Venue, Internrltation. This Agreement shall he governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made 0
and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Lease Agreement,the Lessor
and Lessee agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The Lessor and Lessee agree that,in the event of conflicting interpretations of the terns
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
49. ttorne 's Fees an sts. The Lessor and Lessee agree that in the event any U)
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party,and shall include attorney's fees,courts costs,investigative,and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
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50. Mutual Review. This Agreement has been carefully reviewed by the Lessee and
the Lessor. Therefore, this Agreement is not to be construed against either party on the basis of
authorship.
51. Entire—-Agreement. This writing embodies the entire agreement and U)
understanding between the parties hereto,and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Lease shall be in writing,approved by the Board of
County Commissioners,and signed by both parties before it becomes effective.
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52. Final Understanding.This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement. C?
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IN WITNESS WHEREOF, each party has Caused this agreement to be executed by a
tyuthorized representative.
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,y3 �
e LESSOR:
e BOARD OF COUNTY COMMISSIONERS
VIN MADOK,CLERK OF MONROE COUNTY,FLORIDA
ell
By: By
Deputy Clerk Mayor/Chairman
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Witnesses For Lessee: LESSEE: qC-3 _ 0
TROPICAL WATERSPORTS,I '.Zi .•.
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Signature person authorized to
Signature legally bffid Corporation 0
Date: /0 -4-IS
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Print Name Date Print Name Title
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MO OE COUNTY ATTOR1JE11'$OFFICE U)
PATRIMALES
AS81STANTCOUEAB ANEY I�.I
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The Higgs Beach Master Plan f be foundat thefollowing link:
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Page 19 of 1
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"EXHIBIT C"
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Tropical Watersports Price List(all prices include sales tax)
2 Chairs and 1 Umbrella $20
Single Lounge Chair $10
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Late day single chair(after 3:00) $5 U)
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Late day set(after 3:00) $10
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Umbrella $10 0
Kayak $10/per hour 'F
Paddleboard $20/per hour
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Mask&Snorkel set $15 ,
Conch Republic flag towel $12
Panama Jack Sunblock $10
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Volleyball rental $3
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Inner tube rental $5 for 2 hours
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Outside watersports priced by outside vendors 0
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Page 20 of 20
Packet Pg. 1427
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AGREEMENT FOR PURCHASE AND SALE OF ASSETS a
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THIS AGREEMENT FOR PURCHASE AND SALE OF ASSETS ( "Agreement") is
day o June, 1 y and ono TROPICAL T S ,
enters into as of the ,
LLC, a Florida limited liability company, as Seller and CHRISTOPHER J. LEMBO, as Member U)
(collectively referred to herein as "Seller"), and SALUTE.WATERSPORTS, LLC, as Buyer 0
(hereinafter referred s "Buyer").
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RECITALS-
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WHERE-AS, Buyer desires to purchase from Seller and Seller desire to sell to Buyer,
certain of the Assets (as hereinafterdefined) owned Seller and used in the operation of the
business located on Higgs Beach at 1000 Atlantic Boulevard, Key West, FL knownas "Tropical
Watersports Key West"(the"Business"); and
WHEREAS, as a material inducement to Buyer to purchase the Assets, SeHer desires to
a e certain representations warranties and agrees to be bound by certain covenants and
obligations as hereinafter rovi e .
THEREFORE, consideration of the utul cove ►ts, a e ents, U)
representations a rr tics contained i this em t,t i Here y a ee s follo s: o
1 Assets,
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Assets t be Included i a Pu •se. Subject tote to conditions set 0
forth in this Agreement, Seller agrees to sell, convey, transfer, assign, n liv to Buyer, and U)
Buyer agrees to purchase from Seller, assets aud properties owned by Seller and used in the
Business,tangible or intangible, as the same shall exist at the close of business on the closing ate U'
(the assets beingtransferred hereunder are collectively referred to as the "Assets") including,
without limitation, the following:
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(a) All items referenced on the Equipment List attached hereto as Exhibit "A",
including ut not limited to:a Trailer Hut Tiny House,a golf cart,beach lounge chairs an
cushions,custom umbrellas,kayaks,paddleboards,lay do chairs,inflatable ,tools,
compressor, driUsljacktlocks, cabinets/cash drawe , umbrella cart-beach whee1z,
paddleboard rack,items for retail sale(including as snorkel sets,towels,sun lock),
volley balls, beach and waters ports equipment, and any and all other tangible persa
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property situated on Higgs Beach at 1000 Atlantic:Boulevard,Key West, FL and usedin
the Business and as exist as of the Closing Date; and
(b) All ofSeller's right, title, and interest in that certain e Agreement dated
October 17,2018(the"Lease),by and betweenMonroe County,a political subdivision of
the State of Florida, as Lessor and Seller, for lease of premises on Higgs Beach for the
operating of concessions as described in the ease, an
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Packet Pg. 1428
(c) To the extent assignable, all licensej-', permats, and approvals issued by any .2
governmental or regulatory authority which are assignable and which relate to the a
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Business.
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At closing, the Assets shall be conveyed to Buyer free and clear of all liens, pledges, security 4-
interests,charges, claims, restrictions and encurnbrances of any nature. r_
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2. PurchasePrice. Buyer promises to pay to Seller,Twenty-Five Thousand and 00/100
Dollars ($25,000.00) for the purchase of the Assets. Upon execution of this Agreement, uyer 0
shall place on deposit with Escrow Agent, Oroe peza, Stones & Cardenas, PLLC an eunest money
deposit in the amount of Five Thousand and 00i 100 Dollars ($5,000.00) (the "Escrow Deposit")
which shall be applied to the Purchase Price on the Closing Date,subject to the terms and conditions 0
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herein. On the Closing Date,in addition to the Escrow Deposit,Buyer shall pay Twenty Thousand
and 00/100 Dollars ($20,000.00) in cash, by wire transfer of immediately available funds (the
"Closing Payment")
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I Continggucy- This Agreement and Buyer's obligation to close hereunder, is
contingent upon Buyer's receipt of approval and written consent to assignment of the Lease from
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Seller to Buyer from the Board of Commissioners of Monroe County,Florida.
Personal ProDeg] Taxes, Buyer shall not be responsible lbr any of Seller's obligatiom-,
for business, withholding, income or other taxes whatsoever,or any taxes of any kind concerning U)U)
the Business or the As is used in the Business that are related to any period before the closing <
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date, Seller shall not be responsible for any of Buyer's taxes.
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4. No General Assurrintion of Liabilities. Buyer shall not assume, pay, or discharge r_
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any debts,obffaations,contracts,loans,commitments,undertakings or liabilities of Seller. 0
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5, Rgpws�ratations of Smell r. Seller and Member represent to Buyer that the following
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facts and circumstances are, and at all times up to the closing to will be, true and correct, Each U)<
representation set forth herein shall survive the closing. 4-
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5.1. Oivanization and Authoritv of Seller. Enforceability. Tropical Waterspons, UC, CO
a Florida limited liability company, is duly organized, validly existing, and in good
standing under the laws of the state of Florida. Seller has full corporate power and
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authority to enter into this Agreement and the documents to be delivered hereunder, to
carry out its obligations hereunder and to consurarnate the transactions contemplated
hereby.The execution,delivery and performance by Seller and Member of this Agreement
and the documents to be delivered hereunder and the consummation of the transactions
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contemplated hereby have been duly authorized by all requisite corporate action an the part
of Seller. This Agreement and the documents to be delivered hereunder have been duly
executed and delivered by Seller,and(assuming due authorization,execution and delivery E
by Buyer) this Agreement and the documents to be delivered hereunder constitute legal,
valid and binding obligations of Seller,enforceable against Seller in accordance with their <
respective terms.
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5.2 Title to Assets and Condition. Seller and/or Member has/have good and
marketable title to all of the Assets, whether tangible or intangible. AM of the Assets are
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Packet Pg. 1429
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free and clear of mortgages, liens, pledges," cliarges, encumbrances, equities, claims,
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covenants,conditions or restrictions except for current taxes not yet due and payable. All 0 a
tangible personal property used in the Business is in good operating condition and repair,
ordinary wear and tear excepted. E
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5.3 Comnliance with Laws. The Business, Seller and/or Member have complied with .0
and is/are not in violation of,applicable federal,state,or local statutes,law and regulations U)
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(including, without limitation, any applicable building, zoning or other law, ordinance or
regulation) affecting the Assets or the operation of the Business. All transfer, sales, use, 0
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stanip, registration, and other such taxes and fees incurred in connection with this
Agreement and the documents to be delivered hereunder shall be bome and paid by Buyer M
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when due.
5.4 Comoliance with Lease Terms. The Business,Seller and/or Member have complied
with and is/are not in violation of or default in the payment of any amounts due or any
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covenant or condition required under the to of the Lease. 0)
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5.4 Condition and Sufficiengy_gf Assets. The Assets are in good condition and are
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adequate for the uses to which they are being put, and none of such Assets are in need of
maintenance or repairs except for ordhiary, routine maintenance and repair's that are not
material in nature or cost. The Assets are suffloient for the continued conduct of the 2M
Business after the Closing in substantially the same manner as conducted prior to the U)U)
Closing and c nstitute all of the rights, property and assets necessary to conduct the 0
Business as currently conducted.
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5e5 Retail InventM. All retail inventory included in the Assets consist of a quality r_
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and qulintity usable and salable in the ordinary course of business. 0
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5.6 Non-foreign Status. Seller is not a "foreign person" as that to is used in U)
Treasury Regulations Section I.1445-2.
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53 Legal PEgggqd M. There is no claim, action, suit,proceeding or governmental
investigation of any nature pending or, to Selices knowledge, threatened against or by CO
Seller relating to or affecting; the Assets, or that challenges or seeks to prevent, enjoin or
otherwise delay the transactions contemplated by this Agreement. No event has occurred,
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or circumstances exist that may give rise to,or serve as a basis for,any such action® Seller
and/or the Business is/are not in default with respect to any order,writ,injunction or decree
of any federal, state, local or foreign court, department,agency or instrunientafity.
6. Ltidemnification. 0
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6.1 Seller's Inderruifficatio1p Obligation. Seller shall indeninify and hold harmless
Buyer, its officers, directors, employees,,agents, successors, and assigns, against and in
respect of ally and all direct or indirect damages,claims, losses, liabilities and reasonable <
expenses arising as a result of any actions,or inactions.of Seller prior to the closing.
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6.2 Buyer shall indemnify and hold hani-dess
Seller, its officers,directors, employees,agents,successors,and assigns against and in
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Packet Pg. 1430
respect of any and all direct or indirect damages,claims or liabilities arising after the date
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of closing. a
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7° Covenant Not to Compete. As a substantial and material inducement for Buyer to E
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enter into this Agreement, Seller covenants and agrees that, fora period of three years from and 4-
after closing, Seller and Member shall not, directly or indirectly, own, manage, operate, control, r_
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finance or participate in any business which*provides products or services which are the same or U)
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similar to the business being conducted by the Buyer within Monroe County, Florida. Seller
further covenants and agrees that Buyer's remedy at law for a breach of this covenant not to compete 0
will be inadequate to compensate Buyer for damages resulting from such breach and that Buyer
shall, in addition to all other remedies at law and equity, be entitled to injunctive relief to prevent
a breach and to secure the enforcement hereof. 0
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S. Waiver of Jmry Trial. Each party acknowledges and agrees that any controversy
which. may arise under this Agreement is likely to involve complicated mid difficult issues and,
therefore, each such party irrevocably and unconditionally waives any right it may have to a trial
by jury in respect of any legal action arising out of or relating to this Agreement or the transactions
contemplated hereby.
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9. Governin r aw / Forum Selection / Attorney's Fees. This Agreement shall be
governed by the laws, including conflicts of laws,of the State of Florida,as an Agreement between
residents of the State of Florida to be performed in the State of Florida. If a party brings an action U)
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to enforce the provisions'oft is Agreement,such actions all be brought in Monroe County,Florida <
and the prevailing party to such dispute shall be entitled to recover from the losing party reasonable 0
attorney's,fees and cost.
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10. 'bosin". Closing shall occur at the law offices of Oropeza, Stones & Cardenas, 0
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PLLC, 221 Simonton Street, Key West, Florida 33040, on or before July 19, 2019 or two (2) U)
business days following approval of assignment of the Lease,whichever shall last occur.
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11. Closing Deliverables.
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At thb Closing, Sellers all deliver to Buyer the following:
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G) a Bill of Sale duly executed by Seller,transferring the Purchased Assets to Buyer;
(ii) a Closing Statement;
(iii) an Assignment of the Lease, so long as Monroe County has approved and
consented to such assignment;
(iv) an Assignment and Assumption Agreement duly executed by Seller,effecting the
assigninent to and assumption by Buyer of the Assets; 0
(v) an LLC certificate and resolution consenting to the herein contemplated
sale; E
(vi) a Release and Consent to use of the Company name: "Tropical Waters ports"and
derivations thereof, and
(vii) such other customary instruments of transfer,assumption, filings or documents,in
form and substance reasonably satisfactory to Buyer,as may be required to give
effect to this A&rrcem err
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Packet Pg. 1431
At the Closing,Buyer shall deliver to Seller the following:
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(i) the Purchase Price,
the Assignment and Assumption Agreement duly executed by Buyer; E
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(ii) a Closing Statement; %-
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(iii) an Assumption of the Lease,so long as Monroe County has approved and r_
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consented to the assignment of same; and
(iv) such other customary instruments of transfer,.assumption,filings or documents,in
form and substance reasonably satisfactory to Buyer,as may be required to give 0
effect to this Agreement. 0
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IN WITNESS VMEREOF,we have hereunto set our hand and seals on the date first
above written.
SELLER: U)
TROPICAL WATERSP RTS,LLC,
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By:
CHRI OP HER J. LEM-130,Managing U)
N Me er
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ME MBE
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CIIRISTOPHER
7 EMBO, Individually 4-
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BUYER:
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UT AT ORTS,LL a lurid ited L-
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liabil' company, 4-
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By:.
ld,71ARD HATCH,Managing Member
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ecJ�couRraco Ci.29.0
0.6° °°F Kevin Madok, CPA
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....:. �� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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DATE: October 23, 2018 t
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TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hanco .C.
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SUBJECT: October 17''BOCC Meeting
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Attached is a duplicate original of Item S3, one year Lease Agreement wide Tropical
Watersports, LLC,for a mobile retail merchandise or service concession at Higgs Beach,for your
handling.
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Should you have any questions, please feel free to contact me at ext. 3550. Thank you.
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cc: Facilities Supervisor
County Attorney �?
Finance
File co
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-8
Packet Pg. 1434
C.29.c
LEASE AGREEMENT
FOR HIGGS BEACH CONCESSION 0
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THIS LEASE AGREEMENT is made and entered into on the 17th day of October, 2018,
by and between MONROE COUNTY,a political subdivision of the State of Florida,hereinafter
referred to as "County" or"Lessor", whose address is 1100 Simonton Street,Key West, Florida
33040, and Tropical Watersports, LLC., hereinafter referred to as "Lessee" or "Tenant",
whose mailing address for purposes of this Agreement is 1607 Laird Street, Key West, Florida
33040;
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WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach Park,
hereafter"Higgs Beach",that has space(s) available for mobile concessions; and
WHEREAS, County advertised via the competitive solicitation process a Request for
Proposals ("RFP") for Mobile Retail Merchandise or Service Concession at Higgs Beach,
through which Lessee was sole respondent;
WHEREAS, Lessor has negotiated the terms of the lease with Lessee to operate a
concession(s)at Higgs Beach in Key West, Florida,and
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WHEREAS, Lessor desires to grant to Lessee the right to operate a concession(s) at
Higgs Beach at Key West, Florida,and
WHEREAS, the Lessee desires to enter into such a Iease and represents to the Lessor that
it is qualified to operate a concession(s) and has the financial resources to undertake such an
operation; o
NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants
and promises hereinafter contained,the parties do hereby agree as follows:
1. Premises. Lessor hereby leases to Lessee the area identified and shown on
Exhibit "A", hereafter the "Premises", for use as a Concession. Exhibit "A" is attached to this
agreement and incorporated by reference. The mobile retail concession operation shall be '
located at least fifty (50) feet away from other concessions located at Higgs Beach. Lessee's co
concession shall be operated from the area identified as "#l" on Exhibit "A" attached hereto. cm
Lessee's location may be relocated at the County's discretion as construction needs dictate for
implementation of the Higgs Beach Master Plan as shown on Exhibit "B" attached hereto and
made a part hereof.
2. Concession Products and Services. This agreement is limited to rentals of
lounge chairs, lawn/patio chairs, umbrellas, volley balls, and watersports equipment, to include
Page 1 of 20
Packet Pg. 1435
C.29.c
single kayaks, paddleboards and inner tubes. The use of children's sand toys, floating noodles,
and boogie boards are complimentary to customers. Items for sale include mask and snorkel sets,
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Conch Republic flag towels, Panama Jack sunblock, and non-exclusive Concierge services. NO o
OTHER SERVICES OR PRODUCTS MAY BE PROVIDED WITHOUT THE WRITTEN t
CONSENT OF THE COUNTY.
3. Lease Documents. The lease documents, of which this agreement is a part,
consists of the lease documents, which are as follows: This agreement and any amendments
executed by the parties hereafter, together with the RFP and any addenda, the response to the
RFP and all required insurance documentation. In the event of a discrepancy between the
documents,precedence shall be determined by the order of the documents as just listed. P
4. Regulations.
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(a)The Lessee shall provide a list of all merchandise it intends to sell and services to
be provided with pricing as shown on Exhibit "C" attached to this agreement and incorporated
by reference. The County reserves the right to reject any items or services it finds inappropriate,
objectionable, or not in the best interests of the County. Lessee is permitted to employ
entertainment in the form of a tape/CD, IPod, or internet sound system. Other forms of
entertainment may be permitted with the written consent of the Director of Facilities
Maintenance or his designee. Where permitted, no sound source shall be permitted that is so
loud that it emanates outside of the Lessee's concession space. Lessee will be responsible for
obtaining any and all licenses or necessary authorizations to utilize such means of entertainment
as set forth herein, if applicable, and indemnify the Lessor for any claims or violations thereto. U)
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(b) The Lessee must comply with all the applicable requirements of the statutes,
rules, ordinances, regulations, orders, and policies of the federal, state, county, and city
governments either in effect on the effective date of this Lease or later adopted. o
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(c) Lessee shall be required to obtain Monroe County and City of Key West �
Occupational Licenses before beginning operations. Lessee shall also be responsible for 0
obtaining any additional licenses which may be required by Lessee's operations at Higgs Beach
before beginning operations. A copy of all licenses must be provided to the County's contract
manager within fifteen(15)days of contract award.
5. Term. This Lease Agreement shall commence retroactive to the 16'h day of 00
October, 2018, and will terminate on the 15"' day of October , 2019, unless terminated earlier
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under another paragraph of this agreement. This Lease may be renewed, at the County's
discretion, after reassessing the terns and pending negotiations between the parties for five (5)
additional, one (1) year terms upon written request by the Lessee, provided at least sixty (60)
days prior to termination of the Lease or any renewal thereof.
6. Rental and Fees.
Page 2 of 20
Packet Pg. 1436
C.29.c
(a) RENT: Lessee agrees to pay Lessor rent in the amount of Five Hundred and 00/100
Dollars ($500.00) per month, for retail merchandise or service concession space as shown on
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Exhibit"A". Rental payments are due by the I"day of the month for which the rent is due and;
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(b) PERCENTAGE (%) GROSS TAXABLE SALES: In addition to the monthly
rental payment, Lessee agrees to pay Lessor 7.5 % of the monthly gross taxable sales.
Payment of charges under this subparagraph shall be made in monthly installments. A
statement, including proof of monthly revenue, itemized into categories and a log
documenting days and hours of operation, shall be provided by the Lessee to the Lessor each
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month. The Lessee must provide the County with the sales tax records for each month or quarter
depending on filing requirements. Payment shall be made no later than the 25th day of the 0-
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month payment is due, i.e. January payment by February 25, February by March 25, etc.
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(c)ANNUAL GUARANTEE: The Lessee agrees to pay a guaranteed minimum annual
fee of 10.125% of annual gross taxable sales, or the annual monthly rental of Five
Hundred Dollars ($500.00), plus the total of the 7.5% of the monthly gross taxable
sales, whichever is greater. Annual gross sales revenues are determined on a calendar year
basis. A calendar year shall run from January 1 st through December 31 st inclusive. I f t h e
annual guaranteed minimum of 10. 125% is applicable, payment shall be
made no later than the 25th day of January of the current year following the year of the
aforementioned calculations. The Lessee must provide the County with the sales tax records for
each month or quarter depending on filing requirements and remit the difference.
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(d) An annual rental payment adjustment shall be made in accordance with the
percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the prior
calendar year ending on December 31st. The increase will take effect on the anniversary month U)
of the month when the operation opened for business. In the event of a deflationary CPI-U, no 0
adjustment in the lease amount will be made. All payments should be made payable to the
Monroe County BOCC and directed to the Facilities Maintenance Contract Monitor. 1100 U)
Simonton Street,2"`'Floor,Room 2-216,Key West, FL 33040. 0
(e) No rent payments are due under this agreement until the operation is open for
business. If the operation opens on a date other than the first of the month, then the rent charge
will be prorated as a percentage that the number of days in the month that the operation was in
business represents to the month as a whole. co
(f) Lessee must open the operation for business within fifteen (15) days of the
effective date of this Agreement.
(g) Lessee shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
Page 3 of 20
Packet Pg. 1437
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four (4) years following the
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termination of this Agreement.-An annual operating statement prepared by a C.P.A. must be
provided to the Lessor on or before February 28 of the following year.
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(h) The Lessee must pay all assessments, taxes, including sales taxes, levied by any
governmental body with the power to impose assessments or taxes. The Lessee must provide the
County with the sales tax records for each month or quarter depending on filing requirements as
set forth in Paragraph 6 (b)herein.
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(i) The Lessee must provide all items and equipment needed for the operation
including, but not limited to: vehicle and/or mobile cart, shelving, display cases, tables, chairs,
refrigeration units, etc. Lessee's items and equipment must be removed from the Premises at the
end of each day or secured in a location within Lessee's concession space, as agreed upon with
the Lessor, in such a manner as to not interfere with any daily beach cleaning operations. 0
(j) Notwithstanding anything set forth in paragraph I l of this agreement, if the
0
Lessee fails to pay any rents or fees due under this lease within fifteen (15)days after the Lessor
notifies the Lessee in writing that the rent or charge is overdue, then the Lessor may, in its
discretion, either immediately or later, expel the Lessee and any persons claiming the premises ca
by or through the Lessee,and remove any of the Lessee's effects without being guilty of trespass
and without prejudice or waiver to any other available remedy the Lessor might have for the
recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease U)
will terminate. However, the Lessee's obligation to pay the rent or charges due will survive the
termination. Overdue rent and charges will accrue interest beginning on the 161h day after the
Lessee was notified in writing by the Lessor that the renter charges were overdue. The interest U)
rate will be that established.by the Comptroller under Sec. 55.03, F.S., for the year in which the o
rent or,charge first became overdue.
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7. Force Maieure. Neither party shall be liable for any failure or delay in the 0
performance of its obligations under the Lease Agreement to the extent such failure or
delay necessarily results from the occurrence of a Force Majeure Event beyond the control or
reasonable anticipation of either party, including, but not limited to, compliance with any
unanticipated government law or regulation not otherwise in effect at the time of execution of
this Agreement, acts of God, unforeseeable governmental acts or omissions, fires,strikes, natural co
disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever
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beyond the reasonable control of the parties (and such cause being referred to as a "Force
Majeure Event"). Accordingly,the parties further agree that:
(a) Upon the occurrence of Force Majeure Event, the non-performing party shall be
excused from any further performance of those obligations under this Agreement that are
affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and
Page 4 of 20
Packet Pg. 1438
C.29.c
(b) the non-performing party continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay.
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(b) Upon the occurrence of a Force Majeure Event, the non-performing party shall t
notify the other party of the occurrence of such event and describe in reasonable detail the
effect(s)of such event upon the party's performance of its obligations and duties pursuant to this
Agreement. Such notice shall be delivered or otherwise communicated to the other party within
two (2) business days following the failure or delay caused by the Force Majeure Event, or as
soon as possible after such failure or delay if the Force Majeure Event precludes the non-
performing party from providing notice within such time period.
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(c) In the event of a Force Majeure Event, the time for performance by the parties
under the applicable statement of work shall be extended for a period of time equal to the time
lost by reason of such cause through execution of an amendment pursuant to the teams of the
Agreement. o
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8. Background Checks/Personnel. Lessee's employees must consent to Level
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1 background checks and the results are to be provided to the County. The County reserves the
right to refuse personnel based on results of the background check. The County reserves the
right to demand of the Lessee replacement of an employee for the Lessee if a conflict or problem
with that employee should arise. The County's Facilities Maintenance Director or his assignee
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shall have the right to require any employee(s) of the Lessee to be permanently removed from
the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the
responsibility of the Lessee to inform the Facilities Director or his assignee of all new hires and
the results of the background check.
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(a) The Lessee will be responsible for the supervision, hiring,and firing of their own
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employees and shall be solely responsible for the pay, worker's compensation insurance, and
benefits.
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(b) Communication between the County Representative and the concession personnel
is very important. Therefore, the Lessee must assure that at least one (1) concession personnel
can communicate well with the County Representative. Any employee hired by the Lessee will
be the Lessee's employee and in no way has any association with the County. The Lessee shall a
insure that its employees are trained in all appropriate safety regulations, and comply with all CO
such applicable laws and regulations and comply with all other local, State, and Federal
cm
regulations.
(c) Uniforms are preferred for concession personnel however; photo identification
cards are required, which shall clearly identify personnel as employees of the Lessee. This E
requirement shall apply upon entering County property and at all times while on duty.
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(d) Contractor/Respondent further agrees to notify the County immediately upon
becoming aware that one of its employees, who previously completed the background check, is
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subsequently arrested or convicted of any crime. Failure by Contractor/Respondent to notify
County of such arrest or conviction within forty-eight (48) hours of being put on notice by the U)
employee and/or within five (5) days of its occurrence shall constitute grounds for immediate
termination of this Lease by County. The parties further agree that failure by
Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a
material breach of the contract entitling County to terminate this contract immediately with no
further responsibility to make payment or perform any other duties described herein.
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9. Hours of Operation. The Lessee agrees to furnish good, prompt and efficient o
service and/or merchandise to meet all demands for concession service at Higgs Beach. Lessee
shall offer quality products at competitive prices at least consistent with similar goods and o
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services presently being offered locally in other local facilities. All pricing for all goods and
services are to be posted and visible for all customers. The operation must be open for service
363 days per year and will operate from 8:00 a.m., or after beach cleaning is completed, to 5:00
p.m., as a minimum, provided winds are below 15 mph (for umbrella safety) and weather
permitting. Closing for Thanksgiving day and Christmas day are optional. The hours can be
revised by mutual consent. For purposes of setting up the concession in the morning and closing
the concession in the evening, Lessee may arrive one half hour prior to, and depart no later than
one half hour after, the hours of operation. The Lessee shall provide to the Lessor a monthly log CD
documenting days and hours of operation. The concession must be roadworthy to meet any '
FEMA requirements for evacuation from the park and, if necessary, properly registered and
licensed for over the road use.
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10. Use and Conditions. U)
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(a) The Lessee must provide an adequate number of covered metal or commercial
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outdoor plastic waste containers at its operation. Lessee shall provide separate containers for
waste and for recyclables. Lessee must deposit all trash, waste, and recyclables in those
containers for proper disposition of the waste and recyclables at the place designated by the 0
Lessor.
(b) No signs, advertising, or awnings may be erected by the Lessee, unless they are
approved by the Director of Facilities Maintenance or his designee in writing.
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(c) The concession stand will not have commercial lighting of any type, including CD
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signage.
(d) Smoking shall be prohibited by all concessionaire employees within fifty(50) feet
of each concession location.
(e) if the Lessee chooses to install a security alarm system, it will be of the non-
audible type, and approved in writing by the County Administrator or his designee.
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(f) The rental or selling of fishing equipment will not be permitted.
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(g) As a protection, Monroe County takes many precautions to preserve the beaches _
and natural environment. The County commits to protecting Sea Turtles, other coastal wildlife
and their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea
turtle conservation groups during turtle nesting season, April 15 through October 31, when Save-
a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is
important that the Lessee understand these environmental regulations.
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(h) The Lessee is responsible for the sole costs and expenses and any maintenance of o
the Lessee's operation, including any utilities required for its operation and the equipment used
by Lessee and/or offered for rental. All accessories and equipment applicable to Lessee's
concession operation(tables,canopies, chairs, etc.) shall be clean and in good working condition
at all times. All rental equipment shall meet strict safety standards, and equipment which is
broken, or a potential safety risk, shall be removed immediately. The Lessee will be responsible
for insuring equipment is safe and meets all regulated safety requirements. Facilities
Maintenance Director or Assignee reserves the right to remove equipment from the beach at any
time if it does not meet minimum service or appearance standards.
11. Lessor's Termination. Except as otherwise provided herein, the Lessor may
cancel this agreement when, after giving the Lessee thirty (30) days' written notice that an act of '
default has occurred,the Lessee fails or cannot cure the following:
(a) The appointment of a receiver of the Lessee's assets.
(b) The divestiture of the Lessee's interest in the lease by court order or other
operation of law.
(c) The Lessee's abandonment of the operation. Failure to open the operation and o
keep it open during the business hours described in this agreement for seven(7) consecutive days
shall constitute abandonment.
(d) The failure of the Lessee to timely perform any of the obligations required of it 0
under this agreement.
No waiver of default by the Lessor of any of the obligations required of the Lessee under E
this agreement may be construed as a waiver of any subsequent default of any of the obligations
that are required to be.performed, kept or observed by the Lessee. The Lessor's waiver of an act
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of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement
because of the Lessee's failure to subsequently perform an obligation or obligations under this cm
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Lease Agreement.
12. Lessee's Termination. if the Lessee is not in default of its obligation to pay the
rent and the charges, then the Lessee may cancel this agreement when, after giving the Lessor
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C.29.c
thirty (30) days written notice of an act of default, the Lessor fails or.cannot cure, or fails to
timely perform, the obligations required of it under this Lease Agreement.
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13. Insurance. Before entering the Premises, the Lessee must obtain insurance in U)
the amounts and according to the conditions described as follows:
(a) The Lessee will be responsible for all necessary insurance coverage which
includes,at a minimum:
Worker's Compensation-$100,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy limits;
$100,000 Bodily Injury by Disease, each employee
Vehicle Liability-$300,000 combined single limit
General Liability-$300,000 combined single limit
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Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of proposal, with Monroe County BOCC listed as an additional insured on all policies,
except Workers Compensation. If the proper insurance forms are not received within the fifteen
(15) days, the proposal may be awarded to the next selected respondent. All forms of insurance
required above shall be from insurers acceptable to the County. Lessee cannot begin operating
until Certificates of Insurance have been received by the County. The Lessor, at its sole option,
has the right to request a certified copy of any or all insurance policies required by this Lease. CO
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 U)
notification is given to the County by the insurer.
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(b) The Lessee must keep in full force and effect the insurance described during the
term of this agreement. if the insurance policies originally purchased that meet the requirements o
are canceled, terminated, or reduced in coverage, then the Lessee must immediately substitute
complying policies so that no gap in coverage occurs. Copies of current policy certificates shall U)
be filed with the Monroe County Risk Department or the Facilities Contract Manager, as 0
appropriate, whenever acquired, amended, and annually during the term of this Lease.
(c) The insurance required of the Lessee in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not, a
however, for the protection of any specific member of the general public who might be injured
because of an act or omission of the Lessee. The insurance requirements of this paragraph do not
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make any specific injured member of the general public a third party beneficiary under this
agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee if
the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to
any specific member of the general public and cannot form the basis of any County liability to a E
specific member of the general public or his/her dependents,or estate,or heirs.
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(d) Notwithstanding anything set forth in paragraph I 1 of this agreement, the Lessor
may treat the Lessee in default if the Lessee, after entering the premises but before beginning its CO
operation, does not have the insurance required by subparagraph 12(a). .Before the County may
terminate the agreement in this situation, the County must give the Lessee a written notice of the
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default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's
receipt of notice, then the County will cancel this agreement. The County may treat the Lessee
in default and cancel this agreement if the Lessee, after starting the operation, fails to keep in full
force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in
default and terminating the agreement in this situation, the County need only provide the Lessee
24-hour notice by E-Mail or overnight courier. The County may, but need not, provide Lessee
with an opportunity to cure the default. P
14. Non-Exclusive Rights. Notwithstanding anything herein contained that may be,
or appear to be, to the contrary, it is expressly understood and agreed that the rights granted
under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar
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privileges to another Lessee or other Lessees on other parts of Higgs Beach. 2
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15. Rights Upon Termination. At the end of this agreement (or any renewal), the
Lessee's right to the Premises, the use of Higgs Beach facilities, and any other right or privilege
granted under this agreement ceases. All equipment, improvements, furnishings, and other CO
property of the Lessee at the Premises are personal to the Lessee and remain the property of the CD
Lessee and must be removed by him/her. The Lessee must also restore the Premise to its original
condition, ordinary wear and tear and damage by causes beyond the control of the Lessee,
excepted.
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16. County's Right of Entry. Lessor reserves the right hereunder to enter upon the U)
Premises at any reasonable time, with advance notice, for any purpose connected with the
performance of the Lessor's obligations under this agreement or in the exercise of its
governmental functions. U)
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17. Assignment. The Lessee may not assign this agreement, or any part of it, or
sublease the Premises, or any portion of the Premises,without the written approval of the Lessor. E
The change of the Lessee's status from an individual to a partnership or corporation is an
assignment under this paragraph requiring the Lessor's approval. If the Lessee is approved to do C'
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business in the corporate form, any assignment of a controlling interest in the corporate stock is
also an assignment under this paragraph that requires the Lessor's approval. All the obligations cm
of this agreement will extend to the legal representatives, successors, and assigns of the Lessee
and Lessor.
18. Indemnification/Hold Harmless/Defense. The Lessee covenants and
agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners,
and its elected and appointed officers, officials, agents, servants, and employees from any and all
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C.29.c
claims, demands, or causes of action for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other losses, damages, co
costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with,
or by reason of the Lessee utilizing the property governed by this lease/rental agreement. The U)
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extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
19. Nondiscrimination. Lessee agrees 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. Lessor and E
Lessee 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 U)
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the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the
basis of race, color,religion, sex, and national origin; 2)Title IX of the Education Amendment of o
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1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on 2
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975,as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 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 s.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 s. 12101 Note),
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 14, Article 11, which prohibits discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Lease. E
20. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to co
be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be
the sole responsibility of the Lessee or its officer, employee, agent, contractor, or other cm
representative causing the lien to be filed to discharge the lien and to hold harmless and defend
Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the
liens authorized in Chap. 713, Fla. Stat. does not apply to the Lessor.
21. Records — Access and Audits. The Lessee shall maintain all books, records,
and documents directly pertinent to performance under this Agreement in accordance with
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C.29.c
generally accepted accounting principles consistently applied and maintain such records for a
period of four (4) years after termination of this Lease. The Lessor, its officers, employees, co
agents, and contractors shall have access to the Lessee's books, records, and documents related
to this Lease upon request. The access to the inspection of such books, records, and documents
by the Lessor shall occur at any reasonable time.
22. Relationship of Parties. The Lessee is, and shall be an independent contractor
and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and
supervision over the means and manner that its employees, agents, or volunteers perform the
work for which purpose this Lease is entered. The Lessee shall have no authority whatsoever to
act on behalf and/or as agent for the Lessor in any promise, lease, or representation other than
specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any
negligence on the part of the Lessee, its employees, agents, or volunteers resulting in either
bodily or personal injury or property damage to any individual,property,or corporation.
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23. Subordination. This Lease is subordinate to the laws and regulations of the 2
United States, the State of Florida, and Monroe County, whether in effect on commencement of
this Lease or adopted after that date.
24. Premises to be Used for Lawful Purposes. 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 leasehold property, nor any portion thereof, for purposes calculated to injure the
reputation of the leasehold property or of the neighboring property, nor for any purpose or use in
violation of the Iaws of the United States, or of the State of Florida, or of the Ordinances of
Monroe County, Florida, or the City of Key West, Florida. Lessee will keep and save the Lessor
forever harmless from any penalty or damage or charges imposed for any violation of any of said U)
laws, whether occasioned by neglect of Lessee and 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 leasehold Premises or any part thereof
by Lessee.
25. Limitation of Lessor's Liability. It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants in the Lease, for any damages
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whatsoever to the Lessee beyond the rent reserved by the Lese accruing, for the act, or breach of
covenant, for which damages may be sought to be recovered against said Lessor, and that in the cm
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, said Lessee shall not be
required to pay rent under this Lease while it is so deprived of said property, and that said Lessor
shall not incur any liability as a result of such ouster.
Page 11 of 20
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C.29.c
26. No Waiver of Breach. 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 CO
construed to be a waiver of any succeeding breach of the same covenant.
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27. Severability. If any term, covenant, condition, or provision of this Agreement(or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions,
and .provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms,.covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. Lessor and Lessee agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
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28. Binding Effect. The terms, covenants, conditions, and provisions of this 2
Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal
representatives, successors,and assigns.
29. Authority. Each party represents and warrants to the other that the execution,
delivery, and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
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30. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Lease; provided that all applications, requests, grant proposals, and funding solicitations U)
shall be approved by each party prior to submission.
31. Ad'udication of Disputes or Disagreements. Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as E
may be provided by this Agreement or by Florida law.
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32. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this CM
Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in
all proceedings,hearings,processes, meetings,and other activities related to the substance of this
Agreement or provision of the services under this Agreement. Lessor and Lessee specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
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C.29.c
33. Covenant of No Interest. Lessor and Lessee covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree CO
with its performance under this Agreement, and the only interest of each is to perform and
receive benefits as recited in this Agreement. t
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34. Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position,conflicting employment or contractual relationship;and
disclosure or use of certain information.
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35. No Solicitation/Payment. Lessor and Lessee warrant that, in respect to itself, it U)
has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of
this provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount U)
of such fee,commission, percentage, gift, or consideration.
36. Public Access. The Lessor and Lessee shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119,Florida Statutes, and made or received by the 2'
Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to <
unilaterally cancel this Lease upon violation of this provision by Lessee.
37. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statues, the participation of the Lessor and the Lessee in this Agreement and the �?
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government insurance pool coverage shall not be deemed a waiver of immunity to the extent of E
liability coverage, nor shall any contract entered into by the Lessor be required to contain any
provision for waiver.
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38. Privileges and Immunities. All of the privileges and immunities from liability, CM
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the Lessor, when performing their respective functions under
this Agreement within the territorial limits of the Lessor, shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the Lessor.
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C.29.c
39. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or co
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except _
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida
Constitution, State Statute, and case law.
40. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely E
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upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and U)
the Lessor and Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that any particular 0
individual or group of individuals, entity or entities, have entitlements or benefits under this 2
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
41. Attestations. Lessee agrees to execute such documents as the Lessor may U)
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
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42. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe 2'
County in his or her individual capacity, and no member, officer, agent, or employee of Monroe U)
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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43. Execution in Counterparts. This Agreement may be executed in any number �?
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement E
by signing any such counterpart.
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44. Other Use. Lessee shall not use or permit the use of the Premises or any part
thereof for any purpose or use other than an authorized by this Agreement. cm
45. Paragraph Headings. Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any paragraph.
46. Notices. Any notice or other communication from either party to the other
pursuant to this Agreement shall be sent by United States Mail, certified return receipt requested,
Page 14 of 20
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or by courier with proof of delivery. The place of giving Notice shall remain the same as set
forth herein until changed in writing in the manner provided in this paragraph. Notice shall be co
sent to the following addresses:
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For Lessor: For Lessee:
Monroe County 0
Public Works Facilities Contract Monitor Chris Lembo
1100 Simonton St. 1607 Laird Street
2"d Floor,Room 2-216 Key West, FL 33040
Key West, FL. 33040 305 304-0093
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And
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Monroe County Attorney
Post Office Box 1026
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Key West, FL 33041-1026
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47. Rights Reserved. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
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48. Governing Law, Venue, Interpretation. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made
and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Lease Agreement, the Lessor
and Lessee agree that venue will lie in the appropriate court or before the appropriate U)
administrative body in Monroe County, Florida.
The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
49. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to '
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award co
against the non-prevailing party,and shall include attorney's fees, courts costs, investigative, and cm
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
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50. Mutual Review. This Agreement has been carefully reviewed by the Lessee and
the Lessor. Therefore, this Agreement is not to be construed against either party on the basis of co
authorship.
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51. Entire Agreement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of
County Commissioners,and signed by both parties before it becomes effective.
52. Final Understanding, This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement.
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IN WITNESS WHEREOF, each party has caused this agreement to be executed by a co
aauthorized representative.
LESSOR:
BOARD OF COUNTY COMMISSIONERS
tT1rS ,' EVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
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TROPICAL WATERSPORTS,
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Signature person authorized to
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MO OE COUNTY ATTORNEY'S OFFICE
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PATRICIA EABLES
ASSISTANT COUNTY AORNEY JD
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Page 17 of 20
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Exhibit A HIGGS BEACH SITE PLAN
REVISED JUNE STH 2017
MUDD
MONROE COUNTY PROJECT a
MANAGEMENT
Al BEACH CHAIR CONCESSIONS
R2 t'.ONCESWON STORAGE TRAILER
ATLANTIC BLVD. 2
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RESTAURANT;
EXISTING CONC.SLAB
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BEACH AREA LL m
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CURRENT MEAN HIGH WATER STROO �q
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RENTAL EflU1P1lENT SHALL U)
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DESIGNATE CdTIGONAL MEAN HIGH WATER P&EIPMENT FROM
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Sh1MAREA SHORELINE
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FLOAT LINE EXU"TiNG SEAWALL
OLD PS&WORTS
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EXHIBIT"B"
The Higgs Beach Master Plan may be found at the following link:
http://www.monroecountv-fl.gov/235/Hiv,gs-Beach
Page 19 of 20
Packet Pg. 1453
"EXHIBIT C"
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Tropical Watersports Price List (all prices include sales tax) U)
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2 Chairs and 1 Umbrella $20
Single Lounge Chair $10
Late day single chair (after 3:00) $50.
Late day set (after 3:00) $10
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Umbrella $10
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Kayak $10/per hour
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Paddleboard $20/per hour 2
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Mask & Snorkel set
$15
Conch Republic flag towel $12
Panama Jack Sunblock $10
Volleyball rental $3
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Inner tube rental $5 for 2 hours
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Outside watersports priced by outside vendors
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Page 20 of 20
Packet Pg. 1454
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rroposal- Mobile Retail Merchandise or Service
Concession at Higgs Beach, Monroe County,
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Tropical Watersports, LL
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1607 Laird St, Key West, FL 33040
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Christopher J. Lembo sole Managing Member
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Table of Contents
Tab 1. Business Plan
Tab 2. Qualifications and Experience
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1-4 Business information
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5. Customer references
6. Credit references
7. Relevant experience 0
8. a-e Litigation information
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Tab 3. Compatibility with other vendors
Tab 4. Compatibility with Master Plan
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Tab 5. Potential Revenue to the County
Tab 6. Local Preference
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Tab 7. County Forms and Licenses
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1.11 Proposal Form °
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1.12 Lobbying and Conflict of Interest clause
1.13Non Collusion Affidavit
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1.14 Drug Free workplace Form 0
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1.15 Local Preference form
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1.16Public Entity Crime Statement
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1.171nsurance and Indemnification Statement
1.18Insurance Agent's Statement
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Licensing
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Business Plan r_
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Tropical Watersports , LLC
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Business Plan: Tropical Watersports, Higgs Beach, Key West, Florida
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Tropical Waters ports'business plan issimple and straightforward...Provide a relaxing beach
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experience at a reasonable price. In orderto provide this experience for our customers,we
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provide all the necessary amenities for a relaxing day atthe beach for tourist and local alike.
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The meat and potatoes of the business is lounge chairs and umbrellas. We arrive at 8:30 each
morning, (weather permitting and after the beach grooming is completed), and set up two rows
of 12 sets of chairs and umbrellas. It is hard work setting up the chairs due to the hard ground,
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but necessary to keep the equipment together and make it easier and quicker for customers to
find a spot and relax, and to be sure to collect all the fees. We also provide sit up lawn/patio
chairs for those that cannot sit in the low lounge chairs. On days with wind over 15 we do not
set up umbrellas as they can become airborne in wind gusts. The umbrellas are considered free
with rental of 2 chairs. 2'
Secondary to the chairs is watersports equipment. We currently have 3 single kayaks and 3
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paddle boards. Due to the roughness of the water this has been sufficient to meet the demand.
We also have inner tubes for customers to rent and float around the sand bar and swim area. 2'
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Tropical Watersports sells mask and snorkel sets,Conch Republic flagtowels and Panama Jack
sunblock at retail. That has been the limit of retail items we have been asked for.
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Concierge services are very important aspect of our business as customers have many
questions regarding water sports bookings, restaurants, museums, shopping and other
to
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historical aspects of Key West and the Keys. We book trips for numerous providers such as
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Barefoot Billy's Jet Ski Tours, Fury Water Adventures and a few smaller excursions.
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Tropical Watersports rents volleyballs and we also provide kids sand toys, floating noodles and
boogie boards complimentary to our customers.
In addition we also provide management of the two pavilions located on the beach. The
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pavilions are used for group picnics,wedding parti.es, birthday parties, Boy's&Girl's Club and
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numerous other groups. Reservations are required to keep the pavilions clean and available
when reserved.
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The above services have been provided at the prices listed below. The pricing and scope of the CL
services has met the demand of Higgs Beach Park for the past 9 years. I have tried other
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services and goods and found that what we currently provide meets all the needs and then co
some. I have tried to sell artwork and other locally made items but wear and tear from weather
before they could be sold made it not appropriate. Other types of watersports did not have
enough demand to support hiring necessary staff. What we have developed to this point is
working well.
Packet Pg. 1458
C.29.d
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Tropical Watersports Price List (all prices include sales tax)
2 Chairs and 1 Umbrella $20
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Single Lounge Chair $10
Late day single chair (after 3:00) $5
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Late day set (after 3:00) $10
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Umbrella $10
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Kayak $10/per hour
Paddleboard $20/per hour
Mask & Snorkel set $15
Conch Republic flagtowel $12 U)
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Panama Jack Sunblock $10
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Volleyball rental $3
Inner tube rental $5 for 2 hours 2'
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Pavilion rental Per county pricing $1 per person
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The above pricing and supply has been successful over the past 9 years. I have attempted to
raise prices in the past but it was not met with good results. People walked away when I tried
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to raise the 2 chair and umbrella price to $25. The pricing at the park is reasonable but will
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become difficult to manage if costs escalate.
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TAB 2
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Qualifications and
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Tropical Watersports Qualifications and Experience
I have owned and operated Tropical Watersports on Higgs Beach since November 2009. 1
purchased the business from the previous owner for the purpose of making the park in the
neighborhood in which I live a nicer, friendlier and more attractive destination for locals and
tourists. Prior to purchasing the business I was a Light Tackle Charter Boat Captain. I ran family
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charters for 10 years from Murray Marine and then Yacht Club of America. I also have
experience as an insurance adjuster and spent many years in the trust and investment services U)
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industry. All these experiences have developed customer service and management skills more
than sufficient to provide top notch service through Tropical Watersports. Having managed the
business for the past 9 years I can attest to the variance and inconsistency of the business due
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to obstacles beyond the control of the business. Throughout it all, providing a relaxing and fun
destination for beachgoers has been a rewarding experience.
The main obstacle is weather. Rain, cold and wind all have impacts on business. Rain changes
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plans to indoor activities, cold limits those that visit the beach during January and February.
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Wind means no umbrellas making it unbearable for most in our strong sunshine. Seasonal
considerations also come into play and are also inconsistent. March is never the same one year
to the next, but September, October and January are always very slow. Weather can just make
a customer not willing to pay the $20 if they don't know how long they will remain at the beach. 2'
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Environmental issues also must be taken into consideration to manage the concession. In
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August 2018 we were closed for the first 14 days of the month due to the influx of sargassum
seaweed on the beach. With the eroded sand and exposed rocks it was not possible to pick up
the seaweed and after a few days in the sun it is not possible to withstand the decaying 0
seaweed smell. co
In the first 6 months of purchasing the business I was hit with business slowdown from the BP cm
oil spill which pushed back plans a year with regards to equipment replacement.
In September 2017 Hurricane Irma interrupted business for a couple of months and it has
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remained slow ever since.
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Managing the inconsistent cash flow to meet rent, insurance and payroll requires budgeting. In
previous years I have made a point to budget so that September, October, November and
December rent could be paid up front in September.
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Equipment management is also a large part of managing the business. Chairs break and need to 0.
be, replaced, repaired or reslung, umbrellas need wires fixed, paddleboards need
fiberglass/epoxy patches, paddles need to be repaired or replaced, the building needs co
waterproofing, wheels lubricated. It is a nonstop list of repairs and replacement of equipment.
Packet Pg. 1461
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Keeping the area clean and trying to avoid vandalism is also significant work. Nightly we have
people trespassing through the beach and leave garbage, food, blankets and other items in the
area. We clean this up each morning as well as cleaning after the area is used as a bathroom at
night a few nights a week. I have had numerous chairs and kayaks damaged by vandals. Some
could be repaired, some could not.
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The business is open every day that weather permits. Not having a fixed work schedule is also a
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management issue.
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Tropical Watersports has successfully provided concession services at Higgs Beach since I have
been at the helm. There is a bright outlook for the economy and Higgs Beach, and Tropical
Watersports can exceed expectations for providing concession amenities in the future as well.
We have recently upgraded our lounge chairs to Nardi Omega chairs. A lighter, more
comfortable, more durable, more attractive chair design than we previously had. We also took
2 years to build a"Tiny House"small enough to not be obtrusive but large enough to hold all
the required equipment and tow it out should a storm develop. I have received countless
comments on tiny house and how it looks great at Higgs Beach.
We continue to provide concierge services, watersports, retail sales, pavilion management and
promote positivity and fun, consistent with our business plan.
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1) Christopher J. Lembo is sole managing member of Tropical Watersports, LLC a Florida
LLC
2) Christopher J. Lembo is sole officer or director of Tropical Watersports, LLc a Florida LLC
3) Christopher J. Lembo has been sole owner operator since November 30, 2009
4) Tropical Watersports has been operating since approx. 2005 under previous owner until
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Christopher J Lembo purchased it in November 2009
5) Customer references attached:
6) Credit report attached. Monroe County has records of prompt rent payments as well
7) As mentioned above, I have been providing the concession services since November U,
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2009. Also attached is my resume.
8) A) No 0
b) NO
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Florida Limited Liability Company
TROPICAL WATERSPORTS, LLC
Filing Informatian
Document Number L05000101425
FEI/EIN Number 27-0135351
Date Filed 10/14/2005
Effective Date 10/14/2005
State FL
Status ACTIVE
Last Event CANCEL ADM DISS/REV
Event Date Filed 08/18/2008
Event Effective Date NONE
l�rincinal Address
1000 ATLANTIC BLVD.
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KEY WEST, FL 33040
Changed: 11/30/2009
L�lailing Address
1607 Laird Street
KEY WEST, FL 33040
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Changed: 02/28/2017
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Register.d Agent Nam.&Address s
LEMBO,CHRISTOPHER J
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1607 Laird Street
KEY WEST, FL 33040
Name Changed: 11/30/2009
Address Changed: 02/28/2017
Authcrized Persanfsl etail
Name&Address
Title MGRM
LEMBO,CHRISTOPHER J
1607 Laird Street
KEY WEST, FL 33040
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http://search.sunbiz.org/inquiry/Corpora tionSearch/SearchResultDetai1?inquirytype=Entity... 9/18/2018
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To Whom it May Concern:
I am writing this letter in praise and support of Tropical
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Watersports. In my experience, the staff have consistently
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gone over and above to demonstrate the joyous, kind and
caring nature of Key West to locals and tourists alike. I am
grateful each time I have the opportunity to experience this
clean and green business as they help us all to take care of
and celebrate our Key West beaches.
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1607 LalId To whom it may concern, 's L)
1705 1_aird I,C My family and I spent a week in Key West on vacation and loved our time at Tropical
Watersports. We visited nearly every day during our stay,as it's in the perfect 0
A chivo location,they had everything we needed,and the staff were so friendly and helpful.
Gonversatlon I tis� ory This was our first beach vacation with our I year old daughter and Tropical gg
Watersports made it so simple and enjoyable for us They provided the umbrella,
G,D R Save ain d1hinliling,
chairs,beach toys for our daughter,and water toys for my husband and myself.We
lip didn't have to worry about anything while we relaxed on the beach,knowing anything sliholippling and
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i NA we needed was just a few steps away The staff were also able to help us book a
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sunset cruise right from our beach chair.I will definitely be returning to Tropical
1'1NS Watersports on my next trip to Key West.My husband and I have traveled the world
and visited many destination beaches,and truly put Tropical Watersports at the top of
our list,and will continue to recommend to all our friends.
Thank you,
Lauren Kazmierczak
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July 5, 2018
Tropical Water Sports
Chris Lembo
Higgs Beach
Key West, FL
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Dear Chris,
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My husband and i recently spent a weekend in Key West and rented beach chairs, umbrella's and kayaks
from your business. This letter is to let you know that we were pleasantly surprised and very satisfied
with the service provided by your employees; the experience exceeded our expectations! They were
friendly, courteous and made sure we were taken care of during our entire time on the beach. It was
nice to see the attention made on keeping the beach clean along with accommodating our request to
move from one spot to another as the day progressed.
When speaking with one of the girls, we let her know it was our first time to the island and asked for
some sightseeing suggestions. Not only did she provide sightseeing ideas, she also provided great
recommendations for restaurants and entertainment. There was no need to go to a visitor center, your
employees were fantastic spoke persons and should be commended for their knowledge of all the things U)
Key West has to offer.
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This was our first stop on our whirlwind tour of Key West. It set the bar high for the remainder of our
weekend. THANK YOU for paying attention to the details....right down to sunscreen!
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We recently moved to Naples, Florida and plan to come back to Key West often based on the great time
we had.We look forward to utilizing the services your business offers; it was by far the best beach
experience we had during ourvisit. 0
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Sincerely,
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Susan J Persechino
1403 Santiago Circle, Unit 102
Naples, FL 34113
Cell 401-484-3992
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September 5, 2018
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To Whom It May Concern:
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We frequently visit Higgs Beach and the staff at Tropical Watersports are always friendly
and helpful. They are very knowledgeable about the area and have made several
suggestions for other activities in Key West.
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Prices at Tropical Watersports are very reasonable and they have everything for a fun
and relaxing day at the beach.
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We look forward to our next trip.
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Ray Kaczmaraczyk
12508 Twilight Lane
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Archived Reports Bureau
Sep 6,2018-Re... v Experlan• Equifax- TransUnion• Compare All
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FICO•Score 8 Additional FICO•Scores Help
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standard for lenders in the banking,mortgage,credit card,auto and retail industries.
FICO®Score 8 ranges from 300 to 850. Higher scores are better.
What's helping your score?
(2) No Missed Payments
Packet Pg. 1470
(2) Recent Credit Card Usage
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(2) Substantial Installment Loan Rep... What's hurting your score?
Not Seeking Credit You have no negative factors impacting your
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CHRISTOPHER J LEMBO
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Experian Report As Of: Sep 6,2018
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CHRISTOPHER J LEMBO-Experian CI!llla �
Date of Report:Sep 6,2018 .,ex pe n a n. 0
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Account Summary
My Accounts Summary My Overall Credit Usage 2
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Open Credit Cards 2
Credit Debt
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Open Retail Cards 0 16% aa,vsr
Total Credit 0
Open Real Estate Loans $54,000 2
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Open Installment Loans 2
Total Open Accounts 5 My Debt Summary U
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Accounts Ever Late 0 CreditandRetailCardDebt $8.431
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Collections Accounts 0 Real Estate Debt $487,699
Average Account Age 9 yrs 5 mos Installment Loans Debt $26,581
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Oldest Account 20 yrs 41nos Collections Debt $0 U)
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newest account Total Debt $522,711 M
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My Hard Credit Inquiries My Public Records
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CHRISTOPHERJ LEMBO-Experian
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Date of Report:Sep 6,2018 experian
Account Summary
My Personal Information
2
Name
CHRISTOPHER J LEMBO
Also Known As
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LEMBO CHRISTOPHER
4-
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Birth Year 0
1966 U)
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Addresses
1620ROSEST Personal Statement(s)
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KEYWEST,FL33040-5320 No Statement(s)present at this time
1607LAIRD ST
KEY WEST,FL 33040-5311 Z
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13 WHISTLING DUCK LN
KEY WEST,FL 330404374
Employer(s)
INCEGNITO SPORT U)
TYPICAL WATER SPORTS
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CHRISTOPHER J LEMBO-Experian U)
Date of Report:Sep 6,2018 ..'expenan..
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OpenAccounts
BK OF AMER Open _
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ACCOUNT OETAILS CONTACT INFORMATION
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Account Name BKOFAMER 4909 SAVARESE CIR
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TAMPA,FL 33634 r_
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Original Creditor PAYMENT HISTORY
0
Company Sold 2018 2017 2016
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr �g
Account Type Auto Loan
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Date Opened Sept,2015
Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
Account Status Open DODD
Payment Status Current 2015 U)
Jan Feb Mar Apr
Status Updated Aug 1,2018 DODO
May Jun Jul Aug a
�S
U)
Balance $10, DODO
064 �g
Balance Updated Aug 31,2018 Sep Oct Nov Dec
Original Balance $19,333 aU)
Monthly Payment $302 OK 120+Days Late
30DaysLate Failed to Pay
Past Due Amount Gd.J60 Days Late ONegative
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90 Days Late 0 Data Unavailable U)
Highest Balance
0
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Page 5 o C.29.d
li.
CHRISTOPHER J LEMBO-Experian U)
Date of Report:Sep 6,2018 ..utexpenan..
60
CAPITALONE Open
414709XXXXXX
ACCOUNT DETAILS CREDIT USAGE dJ
a
0
Account Name CAPITALONE Low Credit Usage
Keeping your account balances as low as possible can
Account# 414709XXXXXX 0%
have a positive impact on your credit.
4-
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0
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CONTACT INFORMATION
Account Type 0
15000 CAPITAL ONE DR
Date Opened Feb 1,2000 RICHMOND,VA 23238
(800)955-7070
0
Account Status Open
PAYMENT HISTORY
Payment Status Current
2018 2017 2016
U)
Status Updated Aug 1,2018 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Balance $18 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Balance Updated Aug 13,2018 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
0 El El
Credit Limit $28,000 aU)
2015 2014 2013
Monthly Payment $18 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Past Due Amount May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
U)
Highest Balance $19,553 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
L)
Terms Revolving
Responsibility Individual 2012 2011
00
Jan Feb Mar Apr Jan Feb Mar Apr
Your Statement MP
II�II II�II
May Jun Jul Aug N1ay Juuuqug�
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Sep Oct Nov Dec Sep Od ov ec
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62JTT 60DaysLate G]Negative U)
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Packet Pg. 1480
Page 6 C.29.d
CHRISTOPHER J LEMBO-Experian iliac U)
Date of Report:Sep 6,2018 experian.
CHASE CARD
407166)(){)(){)(){ Open
ACCOUNT DETAILS CREDIT USAGE 2
a
0
Account Name CHASE CARD -
'"`^ Fair Credit Usage
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Account# 407166XXXXXX 0 0
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`1
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CONTACT INFORMATION
Account Type Credit Card-Revolving Terms
PO BOX 15298
�S
0
Date Opened May 1,2002 WILMINGTON,DE19850
(BOO)432-3117
Account Status Open
PAYMENT HISTORY
Payment Status Current
2018 2017 2016 U)
Status Updated Aug 1,2018 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Balance $8,413 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug a I
U)
Balance Updated Aug 19,2018 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
Credit Limit $26,000
2015 2014 2013
Monthly Payment $159 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar-Apr aU)
Past Due Amount May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Highest Balance $23,303
Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec U)
0
Terms Revolving
0
00
Responsibility Individual 2012 2011
Jan Feb Mar Apr Jan Feb Mar Apr
cm
Your Statement DODO
May Jun Jul Aug May Jun Jul Aug
Comments DODO CL
Sep Oct Nov Dec Sep Oct Nov Dec
0
�S
O K 120+Days Late U)
G£J30 Days Late Failed to Pay
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GO 90 Days Late 0 Data Unavailable
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Packet Pg. 1482
Page 7 C.29.d
CHRISTOPHERJLEMBO-Experian ,.I.lexpenan..
Date of Report:Sep 6,2018 'II
FIFTH THIRD BANK Open
205381)(){)(
ACCOUNT DETAILS CONTACT INFORMATION 2
a
0
Account Name FIFTH THIRD BANK 5050 KINGSLEY DR
CINCINNATI,OH45227
Account# 205381XXX (800)972-3030 0-
4-
Original Creditor PAYMENT HISTORY
Company Sold 2018 2017 A
�S
Jan Feb Mar Apr Jan Feb Mar Apr
Account Type Conventional Real Estate Loan,Including Purchase 0000
QQQ 0
Money First May Jun Jul May Jun Jul Aug
Date Opened Mar 1,2016 Sep Oct Nov Dec Sep Oct Nov Dec d.9
�S
Account Status Open
U)
Payment Status Current OK 120+Days late
TT pp
d•J30 Days late Failed to Pay CS
Status Updated Jul 1,2018 U)
60 Days late G!]Negative
Balance $487,699 90 Days late O Data Unavailable
Balance Updated Ju131,2018
U)
U)
Original Balance $512,000
0
Monthly $3,436
Payment
�S
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0
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Highest Balance
CL
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Page 8 C.29.d
CHRISTOPHERJ LEMBO-Experian !ills U)
Date of Report:Sep 6,2018 'l experian.
u
WFEFS
945923)0000000{)()( Open
ACCOUNTDETAILS CONTACT INFORMATION _
cc
Account Name WFEFS PO BOX 84712
SIOUX FALLS,SD 57118
Account# 945923XXXXXXXXXX (800)658-3567
Original Creditor PAYMENTHISTORY
4—
Company Sold 2018 2017 2016
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Account Type Education Loan aU)
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug �S
Date Opened Aug 1,2008
Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
Account Status Open O O O O
Payment Status Current 2015 2014 2013
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Status Updated Aug 1,2018
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Balance $16,517 q�
�S
Balance Updated Aug 31,2018 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
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2012 2011
Jan Feb Mar Apr L7C X7 Apr U)
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�S
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1 �
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0
Terms 205 Months
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GE130DaysLate Failed to Pay
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Comments 90 Days Late 0 Data Unavailable 00
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Packet Pg. 1486
Page 9 C.29.d
CHRISTOPHER J LEMBO Experian I llllI U)
Date of Report:Sep 6,2018 lexperian.
ill
Closed Accounts
AESIWELLS FARGO Closed
319425)N00N0N0X10(
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0
ACCOUNT DETAILS CONTACT INFORMATION
0
L-
Account Name AES/WELLS FARGO PO BOX 61047
r_
HARRISBURG,PA 17106
Account# 319425XXXXXXXXXXX (800)233-0557 U)
U)
Original Creditor PAYMENT HISTORY
Company Sold 2010 2009 2008 0
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Account Type Education Loan DODO
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Date Opened Aug 1,2008 n
Sep Oct Nov Dec Sep Oct Nov Dec ep Pc ov ec
Account Status Closed El E10 El
Payment status Account transferred to another office
O K 120+Days Late
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Status Updated Sepl,2010CEp-16ate Failed to Pay U)
Balance [11]60 Days Late G]Negatbre
90 Days Late 0 Data Unavailable
a�
Balance Updated Sep 30,2010 U)
Original Balance $18,947 60
Monthly Payment
�S
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Past Due Amount
0
Highest Balance
00
Terms 293 Months
cm
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Your Statement CL
LL
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0
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Packet Pg. 1488
Page 10 o C.29.d
CHRISTOPHERJ LEMBO-Experian ' Xpenan.. 0
Date of Report:Sep 6,2018 �.,,
60
ALLY FINANCIAL Closed
673923XXXXXX
ACCOUNT DETAILS CONTACT INFORMATION dJ
a
0
Account Name ALLY FINANCIAL 200 RENAISSANCECTR
DETROIT,MI 48243
Account# 673923XXXXXX (800)200-4622
L-
4—
Original Creditor PAYMENT HISTORY
0
Company Sold 2018 2017 2016 U)
Jan Feb Mar Apr Jan Feb Mar AprJan Feb Mar Apr U)
Account Type Auto Loan OD
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Date Opened Aug 1,2015 lI—lI lI—lI lI—lI
e act(tlav O DECSep Oct Nov Dec Sep Oct Nov Dec
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Account Status ❑❑❑❑
Closed O
0
Payment Status Paid satisfactorily 2015
Jan Feb Mar Apr
Status Updated Feb 1,2018 DODO
May Jun Jul Aug
Balance O D D
Sep Oct Nov Dec U)
Balance Updated Feb 23,2018
�S
Original Balance $13,728
Monthly Payment OK 120+Days Late
30 Days Late Failed to Pay
Past Due Amount 60 Days Late ONegative
U)
Highest Balance GHJ90 Days Late U Data Unavailable U)
0
Terms 72 Months
Responsibility Individual
U)
0
0
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00
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CL
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C.29.d
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Packet Pg. 1490
Page 11 C.29.d
CHRISTOPHER J LEMBO-Experian
Date of Report:Sep 6,2018 8..expe n a n.. 0
ALLY FINANCIAL
Closed
611913XXXXXX
ACCOUNT DETAILS CONTACT INFORMATION
0
Account Name ALLY FINANCIAL 200 RENAISSANCE CTR
DETROIT,MI 48243
Account# 611913XXXXXX (800)200-4622
0
Original Creditor PAYMENT HISTORY
Company Sold 2011 2010 2009 U)
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr �S
Account Type Auto Loan @ @ @ DODO
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug 0
Date Opened May 1,2009 O O O O 0
Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
Account Status Closed 0000 O O
Payment Status Paid satisfactorily
0 K 120+Days Late �
Status Updated Sep 1,2011 GE]30Days Late Failed to Pay
Balance 60 Days Late ONegative
U)
90 Days Late O Data Unavailable
Balance Updated Sep 1,2011 M
Original Balance $10,897
M
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Past Due Amount
Highest Balance U)
0
Terms 60 Months
�S
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0
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00
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CL
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�S
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Packet Pg. 1491
C.29.d
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Packet Pg. 1492
Page 12 C.29.d
CHRISTOPHER J LEMBO-Experian Q U)
Date of Report:Sep 6,2018 .. % enan..
v AMERIHOME MTGCO,LLC
300008XXXXXXX Closed
eYS
ACCOUNT DETAILS CONTACT INFORMATION 2
a
0
Account Name AMERIHOME MTG CO,LLC 21300 VICTORY BLVD STE 2
WOODLAND HILLS,CA 91367
Account# 300008XXXXXXX (855)501-3035
4—
Original Creditor PAYMENT HISTORY
0
Company Sold 2017 2016 aA
Jan Feb Mar Apr Jan Feb Mar Apr US
Account Type Conventional Real Estate Loan,Including Purchase DODD
Money First May Jun Jul Aug May Jun Jul Aug
Date Opened Mar 1,2016 Sep Oct Nov Dec Sep Oct Nov Dec �_
Account status Closed
❑ ❑❑
Payment status Account transferred to another office Ill— 120+Days Late
G2J30 Days Late Failed to Pay
status Updated Sep 1,2017 G2J60 Days Late WNegative
Balance 90 Days Late 0 Data Unavailable a
�S
U)
�S
Balance Updated Sep 5,2017
Original Balance $512,000
U)
U)
Monthly
Payment
Past Due
�S
Amount U)
r_
0
L)
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`
Terms 360 Months
Responsibility Joint Account
Your statement CL
Comments Transferred to another lender or claim purchased
�S
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0
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Packet Pg. 1494
Page 13 o C.29.d
CHRISTOPHER J LEMBO-Experian ' a'
Date of Report:Sep 6,2018 9,expenan„BK OF AMER
XX Closed
cc
2
ACCOUNT DETAILS CREDIT USAGE
0
Account Name BK OF AMER No Credit Usage
You have no account balance.Keeping your account
Account# XX D%
balances as low as possible can havea positive
impact on yourcredit.
Original Creditor
a�
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�S
CONTACT INFORMATION d.9
Account Type Check Credit Or Line Of Credit
0
PO BOX 982238
�S
Date Opened May 1,1998 EL PASO,TX 79998
(800)421-2110
Account Status Closed
PAYMENT HISTORY
Payment Status Current
2010 2009 2008 4)
00
t)
Status Updated Feb 1,2010 Jan Feb MarA rJan Feb Mar Apr Jan Feb MarApr a
D DODO U)
Balance $0 May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
DODO DD
Balance Updated Feb 5,2010 gep ONov Deecc Sep Oct Nov Dec Sep Oct Nov Dec
Credit Limit $6,100 TL'� �D
U)
2007 2006 2005
0
Monthly Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Payment DODO DODO DODO
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug U)
Past Due DODO DODO DODO
Amount Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec 0
Highest Balance $1,901 DODO ODDO DODO
00
2004 2003
Terms Revolving Jan Feb Mar Apr Jan Feb Mar Apr
Responsibility Individual DODO DODOMay Jun Jul Aug May Jun Jul Aug
CL
Your Statement DODO DODO ILL
Sep Oct Nov Dec Sep Oct Nov Dec
0
DODOO OD DD Comments Credit line closed-consumerrequest-reported by D �
subscriber U)
0
0
a
U)
OK 120+Days late �S
30 Days late Failed to Pay
G D60 Days late G!)Negafive
90 Dayslate 0 Data Unavailable 0
CL
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Packet Pg. 1495
C.29.d
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Page 14offile U)
C.29.d
CHRISTOPHER J LEMBO-Experian
Date of Report:Sep 6,2018 $. xpenan..
0
CHASE MTG
465195XXXXXXX Closed
ACCOUNT DETAILS CONTACT INFORMATION °
0
Account Name CHASE MTG PO BOX24696
COLUMBUS,OH 43224
Account# 465195XXXXXXX (800)848-9136
Original Creditor PAYMENT HISTORY
Company Sold 2014 2013 2012 °U)
p y Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
p CS
8 8 8 8 8 Account Type Conventional Real Estate Loan,Including Purchase �
Money First May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
L)
Date Opened Apr1,2011 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec 2
El 0
Account Status Closed
2011
Payment Status Paid satisfactorily Jan Feb Mar Apr
DODO
Status Updated Nov 1,2014 May Jun Jul Aug
ODO U)
Balance Sep Oct Nov Dec
Balance Updated Nov 30,2014
�S
U)
�S
Original Balance $354,356
O K 120+Days Late °U)
Monthly 30 Days Late Failed to Pay U)
Payment 60 Days Late G!]Negative 0
G!)90 Days Late 0 Data Unavailable
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�S
Amount U)
r_
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Terms 360 Months 00
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cm
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CL
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Packet Pg. 1498
Page 15 o C.29.d
CHRISTOPHER J LEMBO-Experian Ilia expena n.. )
Date of Report:Sep 6,2018
0
CHASE MTG
Closed �S
156301XXXXXXX
ACCOUNTDETAILS CONTACT INFORMATION 2
a
0
Account Name CHASE MTG PO BOX24696
COLUMBUS,OH 43224
Account# 156301XXXXXXX (800)848-9136
4—
Original Creditor PAYMENT HISTORY
0
Company Sold 2011 2010 2009 �
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr �S
Account Type Conventional Real Estate Loan,Including Purchase
Money First May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug Sep
DODO
Date Opened Nov 1,2007 Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
Account Status Closed
ODDS
2008 2007
Payment Status Paid satisfactorily Jan Feb Mar Apr Jan Feb Mar Apr
ODDO
Status Updated Apr 1,2011 May Jun Jul Aug May Jun Jul Aug
B EA D O D O U)
Balance
Sep Oct Nov Dec Sep Oct Nov Dec 0)
Balance Updated Apr 30,2011
0 D D
�S
U)
M
Original Balance $352,000
OK 120+Days Late
Monthly 30 Days Late Failed to Pay
_
Payment 60 Days Late ONegative �
U)Past Due
90 Days Late O Data Unavailable
Amount
�S
U)
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0
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00
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Page 16 o C.29.d
CHRISTOPHER J LEMBO-Experian .l expe da n..
Date of Report:Sep 6,2018 it
FREEDOM ROAD FINANCIAL Closed
�S
201102J0(J(J0000
ACCOUNT DETAILS CONTACT INFORMATION 2
a
0
Account Name FREEDOM ROAD FINANCIAL 10509 PROFESSIONAL CIR S
RENO,NV 89521
Account# 201102XXXXXXXX (775)851-2833
4—
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Original Creditor PAYMENT HISTORY U)
U)
Company Sold 2012 2011
Jan Feb Mar Apr Jan Feb Mar Apr
Account Type Recreational Merchandise ODDO DOD Cg
May Jun Jul Aug May Jun Jul Aug
Date Opened Feb 1,2011 DODD
Sep Oct Nov Dec Sep Oct Nov Dec
Account Status Closed O D O
Payment Status Paid satisfactorily �g
O K 120+Days Late
Status Updated Dec 1,2012 30 Days Late @Failed toPay
Balance 60 DaysLate G!]Negative
90 Days Late 0 Data Unavailable
�S
Balance Updated Dec 4,2012
Original Balance $8,281 �
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CHRISTOPHERJLEMBO-Experian I! rian.. U)Date of Report:Sep 6,2018
0
TD AUTO FINANCE
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ACCOUNT DETAILS CONTACT INFORMATION 2
a
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Account Name TD AUTO FINANCE PO BOX 9223
FARMINGTON HILLS,MI48333
Account# 110005XXXX (800)955-9096
4—
Original Creditor PAYMENT HISTORY
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Company Sold 2015 2014 20137
Jan Feb.Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr U)
Account Type Auto Loan O D O
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Balance D D
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Page 18 C.29.d
CHRISTOPHERJ LEMBO-Experian '!experian. U)
Date of Report:Sep 6,2018
,it
US BANK Closed
512203XXX
cc
ACCOUNT DETAILS CONTACT INFORMATION
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Account Name US BANK PO BOX 5227
CINCINNATI,OH 45201
Account# 512203XXX {800)331-4738
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Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr Auto
Account Type Loan @12!112!1@ 12!1@12!112!1 12!112!112!1@
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May Jun Jul Aug
Balance a@12111211@
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Page 19 C.29.d
CHRISTOPHER J LEMBO-Experian ® U)Date of Report:Sep 6,2018 perian 0®x
WELLS FARGO BANK AUTO
Closed
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ACCOUNT DETAILS CONTACT INFORMATION 2
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Account Name WELLS FARGO BANK AUTO PO BOX29704
PHOENIX,AZ 85038
Account# 502374XXXXXXXXXXX (800)559-3557
4—
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Company Sold 2009 2008 20077
Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr U)
Account Type Auto Loan Q D O Q @ @ D O D D
May Jun Jul
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�May Jun Jul Aug May Jun Jul Aug
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Balance Updated Feb 28,2009
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Page 20 C.29.d
CHRISTOPHER J LEMBO-Experian ,. Axpen'an.
Date of Report:Sep 6,2018 ii 0
WELLS FARGO BANK NV NA Closed
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ACCOUNT DETAILS CREDIT USAGE dJ
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Account Name WELLS FARGO BANK NV NA Unknown Credit Usage
Credit usage could not be calculated for this account
Account# 650650XXXXXXXXXXX NIA because either the balance and/or credit limit were not
Original Creditor reported.
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CONTACT INFORMATION
Account Type Home Equity Line Of Credit-Revolving Terms
PO BOX 31557 J
Date Opened Nov 1,2007
BILLINGS,MT 59107
(800)245-8936
Account Status Closed
PAYMENT HISTORY
Payment Status Paid satisfactorily
2015 2014 2013
Status Updated Jan 1,2015 Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
ODO G!) G!) G!)G!)
Balance May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
ODDO G!)G!) G!) G!) G!)
Balance Updated Jan 31,2015 Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
DODO DD
Credit Limit $27,204
2012 2011 2010
Monthly Jan Feb Mar Apr Jan Feb Mar Apr Jan Feb Mar Apr
Payment U)
May Jun Jul Aug May Jun Jul Aug May Jun Jul Aug
Past Due
Amount Sep Oct Nov Dec Sep Oct Nov Dec Sep Oct Nov Dec
Highest Balance $23,637
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Page 21 C.29.d
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Page 24 C.29.d
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CHRISTOPHERJLEMBO-Experian • illeX Brian„
Date of Report:Sep 6,2018 0
Credit Score
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819 Your score is well above the average score of U.S.
consumers and clearly demonstrates to lenders
CC% that you are an exceptional borrower.
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payments at all.But of those who do,the missed payment
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accounts. 00
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Page 25 C.29.d
CHRISTOPHER J LEMBO-Experian t Pia U)
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What's helping your score? What's hurting your score?
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0 Substantial Installment Loan Repayment You have no negative factors impacting your Score.
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non-mortgage installment loans.
31%
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FICO•Scores evaluate the total outstanding installment loan
®balances in relation to the original loan amounts on those
accounts. Having made substantial payments on mortgage
and/or non-mortgage installment loans is seen as lower risk.
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the principal on their non-mortgage installment loans.
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Page 26 C.29.d
CHRISTOPHER J LEMBO-Experian In Date of Report:Sep 6,2018 .. iCpenan.. 0
FICO®Score 2
FICO® SCORE 2
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You've made heavy use of your available revolving credit.
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Page 27 C.29.d
CHRISTOPHERJ LEMBO-Experian I!BQ U)
Date of Report:Sep 6,2018 ..expenan.. 0
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FICO®AUTO SCORE 8
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installment loans is too high. 2
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on a FICO•Score.
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0 Consumer Finance Accounts
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compared to having no consumer finance company loans
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impact the score.
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Page 28 C.29.d
CHRISTOPHER J LEMBO-Experian
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Date of Report:Sep 6,2018 experian.
FICO® Auto Score 2
0, °
FICO®AUTO SCORE 2 2
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250 Experian data 9/06/2018 900 report based on Experian data. U)
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What's harming your score?
8 High Revolving Balances 8 Short Revolving History
The amount owed on your revolving and/or open-ended You have not established a long revolving and/or open-ended 013
accounts is too high. account credit history. U)
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open-ended accounts®,such ascreditcards.Generally,the accounts generally pose less risk to lenders.In your case,the �g
more owed on these accounts,the greater the risk posed to age of your oldest revolving and/or open-ended account®
lenders. and/or the average age of your revolving and/or open-ended
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anotherwill usually notchange thetotal amount owed. U)
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8 High Account Balances You've made heavy use of your available revolving credit.
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high. credit on revolving accounts®-The extent of a person's
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accounts,such as credit cards and non-mortgage loans.
by a FICO•Score.People who keep their ratio of balances to 00
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Page 29 C.29.d
CHRISTOPHERJ LEMBO-Experian ��la U)Date of Report:Sep 6,2018 1!exp a ri a n. 0
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FICO® Bankcard Score 8
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0 High Credit Usage 0 Loan Balances U)
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The FICO•Score evaluates balances in relation to available installment loans is too high.
credit on revolving accounts®-The extent of a person's FICO•Scores weigh the balances of mortgage and non-
credit usage is one of the most important factors considered mortgage installment loans(such as auto or student loans)
by a FICO•Score.People who keep their ratio of balances to against the original loan amounts. In general,when an
credit limits lower are generally considered less risky to installment loan®is first obtained the balance is high.As M
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lenders than those with higherratios. the loan is paid down,the balance decreases. U)
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Page 30 C.29.d
CHRISTOPHER J LEMBO•Experian .
'
l.. xperian„
Date of Report:Sep 6,2018 Iii 0
FICO® Score 3
FICO® SCORE 3
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more owed on these accounts,the greater the risk posed to by a FICO•Score.People who keep their ratio of balances to
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installment loans is too high. You have a consumer finance account on your credit report.
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FICO•Scores weigh the balances of mortgage and non- The presence of a consumer finance company loan on a 00
mortgage installment loans(such as auto orstudent loans) credit report generally represents a higher risk to lenders
against the original loan amounts. In general,when an compared to having no consumer finance company loans cm
installment loan®is first obtained the balance is high.As reported. Even if this account is reported as closed,it can still
the loan is paid down,the balance decreases. impact the score. CL
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Page 31 C.29.d
CHRISTOPHER J LEMBO Experian ■ i! e U)
Date of Report:Sep 6,2018 �xperian..
FICOO Bankcard Score2
FICOO BANKCARD 2;
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250 Experian data 9/06/2018 900 report based on Experian data. 0
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accounts,such as credit cards and non-mortgage loans.
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accounts is too high.
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8 Short Revolving History
You have not established a long revolving and/or open-ended
account credit history.
People with longer credit histories who infrequently open new
accounts generally pose less risk to lenders. In your case,the
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Page 32 C.29.d
CHRISTOPHER J LEMBO-Experian 11 l )
Date of Report:Sep 6,2018 ..expenan„
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Disclaimer
Disclaimer
AboutyourFICO®Score8 or other FICO Scores
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Your FICO'Score 8 powered byExperian dataisform ulated usingtheinformation inyourcreditfileatthetimeitisrequested.Manybutnotall lenders use FICO'Score8.
Inaddition totheFICO'Score8,wemayofferand provideotherbaseorindustry-specificFICO•Scores(such asFICO'AutoScoresand FICO'BankcardScores).The
other FICO'Scores made available are calculated from versions ofthe base and industry-specific FICO'Score models.
4—
Base FICO'Scores(including the FICO'Score 8)rangefrom 300to 850.Industry-specif cFICO•Scores range from250-900.Higher scores represent a greater likelihood
that you'll payback you rdebts so you are viewed as being a lowercredit riskto lenders.A lower FICO•Score indicatesto lendersthatyou maybea highercredit risk. .0
There are many scoring models used inthe marketplace.The type of score used,and its associated risk levels,may vary from lender to lender.But regardless of what U)
scoring model is used,theyall haveone purpose:to summarize yourcreditworthiness.Keep in mind thatyourscore isjustonefactor used intheapplication process. g4)j
Otherfactors,such as yourannual salaryand length ofemployment,mayalso beconsidered bylenders when you applyfora loan.
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What this means to you:
Creditscoring can help you understand your overall credit rating and help companies better understand howto serveyou.Overall benefits ofcreditscoring haveincluded
fastercredit approvals,reduction in human error and bias,consistency,and bettertermsand rates fo rAm erican consumers through reduced costs and lossesfor
lenders.YourlenderorinsurermayuseadifferentFICO•Scorethan FICO'Score8 orotherbase orindustry-specific FICOScores provided byus,ordifferentscoring
models to determine how you score. g'
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U)
Christopher J. Lembo
1607 Laird St E
Key West, FL 33040
(305) 394-0093 cell
Email: Clembo@Keysdigital.com 2
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Professional Experience
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Tropical Watcrsports, LLC-Owner Nov 2009 toprescnt r_
Key West,Florida U)
• Chair and umbrella rental business on Higgs Beach
• Rental business providing lounge chairs,umbrellas,kayaks,paddle boards,concierge services. 0
• Retail sales of beach supplies(masks and snorkels,towels, sunblock)
• Sales of jet ski tours,snorkel trips and other watersports activities
• Referral services for land based activities(restaurants,museums etc) 0
• 1 full time employee 1 part time employee
• All aspects of business operation from daily set up of chairs and umbrellas to financial statement
and tax prep.Repairing broken equipment
U)
CD
2M
U)
Independent Insurance Adjuster March 2005-Sept 2015
Key West,Florida
• Florida Resident Independent Claims Adjuster All Lines License M
U)
• Florida ACA designation U)
• Loss inspections and restoration estimates for residential losses 0
• NFIP flood workshop 2009 Flood Certified
Substantial knowledge of Exactimate estimating software.
• Umpire workshop 2009 r_
• Territoly from Key West to Homestead, FL 0
• Stopped adjusting due to medical issues CO
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Incognito Light Tackle SportflShillg,Key West,FZ December 2002-Sept 2015 CL
Owner/Operator-Fishing Charter Boat 0�
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• US Coast Guard licensed charter captain 0
• Light tackle fishing charters-full,3/4 and'/z day trips. U)
• Contender 27 fully equipped for fly and light tackle fishing
• Specialize in offshore fishing for Dolphin, Sailfish, Swordfish and reef fishing for Grouper and d
Snapper. CO
• Stopped chartering due to medical issues CL
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CO
Packet Pg. 1535
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0
Global Financial Services,San Francisco, Ca
Consultant June 2001- October 2002 M
Consulting services for bank,trust company and financial institution acquisitions. Data transfer M
projects for financial accounting systems. Training of personnel for bank financial accounting a
systems.
Proj ects:
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SE/Trust Company, Oaks,Pa March 2002- October 2002 U)
U)
4)
• Developed daily,weekly,monthly and annual processing procedures for Employee Benefit Plan r_
outsourcing product. B®j
• Provided training to new and existing staff
• Developed reports to improve and analyze exceptions and processing
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• Developed reports for required financial filings
• Review and correct high profile accounts
• Re-certified 500+2001 annual Dept.of Labor 5500 filing statements
H& T Bank,Altoona,Pa &Buffalo,NY December 2001-Jamiary 2002 0)
• Provided comprehensive Employee Benefit Reporting training for SEI EBR conversion
• Developed EBR daily,weekly,monthly,annual processing procedures
• Developed reports to analyze exceptions to EBR processing
• Developed new internal RDEF's and corrected production RDEF's
• Created EBR related procedures for Mutual Fund Processing,Income Collections,Asset Set-Up U)
and Corporate Actions d
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HSBC USA-Buffalo,NY July 2001- October 2001
U)
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• Oversaw daily EBR processing for 1500 accounts 0
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• Trained new staff on EBR processing 00
• EBR installation for merger,which included reviewing current system specs,
receipt/disbursement code mapping,minor asset class mapping,RDEF specs,accumulator
programming,EBR system processing code mapping,testing.
• Set up manuals and references for system installation. CL
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Investor's Bank and Trust Company-Boston,Ha April 1999-June 2001
Senior Manager =
0
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• Managed Employee Benefit Plan Reporting for pension,401 (k),endowments and public
retirement plans (0
• Managed and developed SEI EBR accounting and reporting system 0
• Reorganized and staffed dept.of 36 trust accountants to increase efficiency and productivity 0
• Created overall dept.documentation including mission statement,corporate vision,policies and CL
procedures, budget. co
• Managed initial acquisition,2 subsequent mergers and 2 integrations
• Created databases to track workloads,measure production and measure vendor performance
• Created business recovery plan
• Developed and implemented inter-departmental processing improvements and enhanced inter-
departmental communication through creation of department interactive web page
Packet Pg. 1536
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Participated in customer presentations and acted as technical resource for customer issues and RFP 0
process
"' Developed ERISA training,industry training and EBR system training for bank wide training
group
Created"best practices"to bring consistency to trust processing and created infrastructure systems 0-
for task tracking 2
0.
o Implemented and programmed DOL 1999 5500 changes 0-
"' Developed bar coding for trust statements
"'Developed Performance Measurement processing improvements and reviewed initial conversions 0
and ongoing review and processing for 10 large endowments -
0
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State Street Bank and Trust Company
Assistant Vice President- Corporate Trust July 1997-April 1999
"' Managed all aspects of product delivery for portfolio of over 250 bond trusts with over$13 billion Z
0
in outstanding bonds and$3 billion in bond proceeds under management
"' Negotiated and administered complex legal documents for bond financings
o Managed proceeds of bond issues with respect to investments
o Manage distribution of bond proceeds within project plans.
o Specialized in corporate convertible,variable rate demand obligations,housing bonds,Eurodollar CD
bonds,Mortgage Backed Securities and Collateralized Debt Obligations. 2
"' Effectively worked with public finance dept.to develop VRDO program
"' Managed daily workloads of two administrators
"' Monitored compliance with debt covenants and securities regulations ®7
o Effectively developed and managed business relationships
"' Managed initial business conversions during acquisition and 2 mergers
o System de-conversion from SEI to in-house system and from in-house back to SEI <
o Documentation review for successor trustee on acquired business
U)
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Fleet National Bank,Providence,RI 0
to
Assistant Vice President- Corp.Trust-Shareholder Services March 1993-June 1997 00
"' Same duties and responsibilities as above as well as:
Significant development of Escrow Agent Services Product
"' Pricing and risk assessment of new business CL
Drafting RFP responses �
Coordinated exchanges and swaps for equity issues 0
Member of compliance committee,new business committee,strategic planning team 4)
Conversion of business during acquisitions r_
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• Preparation for exit from business line a
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Fleet Securities-Providence, RI
co
Trading and Underwriting Operations December 1990-March 1993 0
0
® Oversaw all aspects of Fleet's Providence municipal underwriting and trading operations group CL
c Daily reconciled$500 million DDA account co
Controlled G/L and operating cash flow
® Developed model for calculation of daily capital needs
Responsible for IRS reporting and NASD and MSRB compliance
Packet Pg. 1537
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• Participated in initial Sungard conversion 0
Merril Lynch,Inc. -Providence, RI
Operations Controller March]989-June 1990
0.
Ensured timely execution of all securities traded through Providence,RI sales team
• Reconciled executedorders E
• NASD and SEC compliance +0
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PaineWebber,Inc- Weehawken,NJ U)
Staff Auditor May 1988-December 1988
C)
• Performed operational and compliance audits on branch offices
Created reports for pre-audit research
• Reviewed branch record-keeping,operational procedures and security positions
• Prepared management repo I is and made recommendations for improving problem areas
Technical 0
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• Extensive knowledge ofSEI, SEI EBR, SEI PBS,Excel,Word and various mainframes
• Extensive knowledge ofDOL 5500 Schedule H reporting requirements
• Canon Corporate Trust I,II,III and ABA CcIiified Corporate Trust Specialist
* Knowledge of PowerClaim and Exactimate estimating programs
Enrolled in Coast Guard/DOL random substance testing program(requirement for licensure) U)
• State of Florida Accredited Claims Adjuster designation d
0
• Florida Resident Insurance Adjuster All Lines Licensed
• Wind Umpire Certification workshop 2009
• NFIP flood workshop 2009 r_
• US Coast Guard OUPV Licensed 0
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Education
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Moses Brown School-Providence,RI College Prep- September 1982-May 1984 CL
Syracuse University- Syracuse,NY Economics/Finance- Sept. 1985-May 1989 u_
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1 have been providing the proposed concession services and merchandise since 2009 and the
operation of Tropical Watersports is complimentary to the other vendors on Higgs Beach.
Salute restaurant is one of the vendors on Higgs Beach that benefits from the operations of
Tropical Watersports. Food and beverage services are available at Salute and Tropical
to
Watersports does not interfere or duplicate those services. On many occasions I have had 2
conversations with Richard Hatch regarding the importance of Salute and Tropical Watersports
to the amenities available at Higgs Beach. We both work off of each other and can be
described as complimentary services. I keep copies of Salute menus for Tropical Watersports'
customers to review prior to deciding on their lunch plans. The vast majority choose Salute for U)
their lunch and on a daily basis at least 75% of Tropical Watersports customers visit Salute and
make a purchase. Occasionally when we have customers that have returned to Tropical �s
U)
Watersports 4 or 5 days in a row they decide to go elsewhere or order delivery. Tropical
Watersports customers also make purchases of coconuts and Paletas from Paradise Paletas and
2M
we also recommend their product. Being able to rent chairs, umbrellas, a kayak, purchase a
snorkel to snorkel around the old pier pilings and then head over to Salute to enjoy a meal and
a drink and talk about our paradise is a normal day to day occurrence for visitors to Higgs
Beach. U)
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TAB 4
0.
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Packet Pg. 1541
C.29.d
U)
Compatibility of proposed operations with Higgs Beach Master Plan
I purchased Tropical Watersports just in time to be involved in the Master Plan for the park. I
listened to the entire proposal and reviewed the requested service list that the public provided.
Since that time we have operated and developed Tropical Watersports to be precisely in line
with the needs of the Park as outlined in the Master Plan. The only amenity I decided not to
4-
pursue is sailboat rentals. That request was very low on the list and the demand is filled by
other providers located close by. The main reason for this was that Higgs Beach is a no motor
0
zone. I could not responsibly rent a sailboat to a customer and not have a means of retrieval
should there be a problem. The public stated its needs and desires for the Park and Tropical
Watersports provides everything requested. We are a green business. We are in the process of
Z
upgrading to a small solar grid to power our battery drills needed to dig the umbrella holes. We
take conservation seriously and keep the beach clean and free from trash daily. We enjoy the
natural aspect of the park and partake in turtle releases and understand and inform customers
about our ecosystem. U)
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Potential Revenue to Monroe County
Based on historical operations and clear understanding of the seasonality of Key West, weather,
environmental factors, anticipated construction and the customer base, Tropical Watersports
0
can offer the following:
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Monthly fixed rent $500 plus applicable sales taxes. In advance on first of month U)
Monthly% of revenue 7.5% of revenue (sales taxes not considered revenue) plus applicable
sales taxes. Payable in arrears with next monthly fixed payment due.
Tropical Watersports can offer a guaranteed minimum of 10.125% of annual revenue to the
county. This is total and not in addition to the above. Plus applicable sales taxes. Payable
within 30 days of end of year.
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Based on the past 3 years of business a dollar amount of guarantee is not reasonable as costs
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have increased while revenue has remained very inconsistent. A 10.125% total minimum
revenue is fair to both parties.
U)
Should the monthly fixed rent and the 7.5% not add up to 10.125% of annual revenue on an U)
0
annual basis. Tropical Watersports agrees to pay the difference to bring the county's minimum
revenue to 10.125% of Tropical Watersports' annual revenue.
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Local Preference 4-
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Local Preference
Tropical Watersports has remained a local business since I purchased it in 2009.
See attached form in tab 7.
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Packet Pg. 1546
LOCAL PREFERENCE FORM
CL
A. Vendors claiming a local preference according to Ordinance 023-2009,as amended by Ordinance No.
004-20Y5' must complete this form.
Name of Bidder/Responder tropical vmMensports.Uc Date:9-18-18 z�
1. Does the vendor have e valid receipt for the business tax paid to the Monroe County Tex Collector '
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dated et least one (1) year prior to the notice of request for proposals? yem (Please furnish
copy.)
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2. Does the vendor have e physical business address located within Monroe County from which the
vendor operates or performs business on a day to d y basis that is a substantial component of the goods
or services being offered 1oMonroe � _
IThe physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for proposals.)
List Address: 1007 Laird 8t Key West FL 33040 0
Telephone Number 305-304-0093 o
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8. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, eawioae or
construction to local businesses meeting the criteria above as to licensing and location? No other �
vendors m0
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated et least one (1)year prior to the notice or request for proposals. �
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2. Subcontractor's physical business address within Monroe County from which the subcontractor
operates: �
(The physical business address must be registered as its principal place of business with the Florida ~�
Department of State for at least one year prior to the notice of request for bids or proposals) 0
Tel. Number
IL^ Print -~
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Slignat, and Title o4 Authorized Signatory for '
#idoeermeaponoer 04
STATE OF E �D CIL
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COUNTY OF ���~�~ lk�
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On this / 0 �-__ before m�. the undersigned notary public,
pareona||y | �jj"'���� , knovvntom�tob�th� p�raonvvhoa� nem� iaCL
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My commission expires: +yl2_1 1, �Dt _l7r o CO
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Packet Pg. 1548
PROPOSAL DOCUMENTS 0
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 2-213 0
1100 SIMONTON STREET
E
KEY WEST, FLORIDA 33040 The undersigned, having carefully examined the work, specifications, REP documents, and addenda
thereto, and other Contract Documents for the services of:
MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION L)
AT HIGGS BEACH, MONROE COUNTY, FLORIDA
And having become familiar with all local conditions including labor affecting the cost thereof, and 0
having familiarized himself/herself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish
labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary
to perform and complete said work in a workman-like manner, in conformance with specifications,
0
and other contract documents including addenda issuedthereto.
Company Information and Signature Page
S T
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Company EIN: S
Company Name: Trarl ,.r,j
Company Ownership: G'hristopherd
0
Lembo sole
Managing Member
in
s��ir�ce 2005 Qiji�i�eir�t owir�ei� s��ir�ce 2QQ�) 0
Yea rs in ess: L)
Company Address: 1607 1-aird St Key West Fl... 33040
00
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Company Phone Number: Fax:®
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Company web address:
Number of Employees:
0
Company E-mail: V:e 4�,A'jg de� CL
Management Person Responsible for Direct Contact to County and Services required
for this RFP: co
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Name: cla 0-1) t P&i— `_-) -_L1 2 W
Title: CL
Phone Number: i co
Email Address:
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Signature Authorized Representative Date
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Type or Print Officer's Name and Title: Chri.s t..0., her,J I embo
I.............................................=iiiLM2 I rat;Kel Pg. 1549
C.29.d
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Page 21 of49
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Bid Higgs Beach Monroe County F[
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Bid Price for Concession space n1 Higgs Beach will bc paid b> b800uoc County n1 the following
rate:
Monthly rent of$500 for retail concession space. 0
@1om 7.5% percentage ofGross Taxable Sales ora guaranteed minimum annual fee of '
whichever is greater, generated by Lessee's operations at the detail concession space.
l acknowledge receipt of Addenda No.(s)
No. � Dated 9-[0-[0
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No. Dated- - - - - - - - ~~
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Page 22oi49 -
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Proposer, states by his/her check mark in the blank beside the form and by his/her signature t�
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that he/she has provided the following forms:
a. Proposal Form with proposed sample list of items or services
with pricing to be offered for sale VO
b. Non-Collusion Affidavit
C. Lobbying and Conflict of Interest Clause .
d. Drug-Free Workplace Form
e. Proposer's Insurance and Indemnification Statement .....Op f. E
0
Insurance Agents Statement (signed by agent)
9. Local Preference Form and requirements (ifapplicable) 117
h. Public Entity Crime Statement
0
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In addition, Proposer states that he/she has included a current copy of all required professional
and/or License. (Check mark items above, as a reminder that they are included.) 0
Mailing Address: 160 7 Laird St
Phone Number:
LM
Email Address:
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Date: Signed:
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Packet Pg. 1552
LAYBEWING AND 0a
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WAYMN STATIIEIMIIEIIM"T' I,JMIIDIIEIIR GRIDIHMANGE III40 0104990
MONROE COUNTY, IIFL.A IIRIHIDA
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Trqpical WaterW. r ,4---.
(Conypany)
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warrants Mat he/A has notempbywt retained or otheirWnae Ihaal act on hishts Whal any Rwrer County -0
offhervr mmNoyee In dolation of Section 2 of Ordbawe NoAH 0A 990 or anyotyocei )i eiryei 0C ffi pb
Wolation of Section 3 of OirdHinaince IINo. 0 10-1990 IIfbir Ibiroaach or vblafian of this provision Me Cm;mW nmy,
In Is dhaetion, terminate this Agreement w1hout HaNkly and nmy also, in Is discretion, deduct War Me coo
Agireeirrient or purrcha�se price,or otheirWse recover, Me Wlkamount of any tee, wnwission, percentage, gM,
or consW raton paki to the temnerl"maty outer or amployee"
ChrruLopheirJ II eirnbo rimirag irg \Aarnbeir
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NON..(..OLLUSION AFFIDAVIT CL
1, C[-Iirisk)p[-Ieir eryflb(�) ()f flhe cJty of Key West................................................................................................................
accoir(Iling to Ilaw oin imy oaflh, aind uinder- IF einalltyr of Iperpu iry, depose aind say flhat�
1. aim sd�b �Vlemf�ber CL
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of' Che filir-irn of' I ir, I W a t e t s %-
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flhe Ibllddeir irr4lk.ing flhe [::Iir(�)p(�)sa R)ir flhe pir(�)ject descirHbed liin flhe [:'Ze(.-jI.jest R)ir
[::Iir(�)p(�)saIs R)ir ()Ib l II e 11::'ZeCaliII Q()in c e s s l()in IM e ir c h a in d l s e ()ir
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s e it v �....,e..........IL..,,,,,..... ............... , ...........
air flhat II executed flhe sa�ld pil-oposal wllflh full auflhoirity to do soa
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2. The pirk.-.es firm flhls Ibld have beein airirilved at indepeindeinfly w flh(�xjt cxflHu§(�mn, U
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��)ir agireeirneint R)ir flhe ) air p(�)se(��)f restirk.-.fling cx)irypeflfl(�)in, as k)ainy rnatteir
r6afling k) suc�h pirk.-.es Wflh ainy(�)flheir Ib�lddeir()ir Wflh ainy cx)irnpeflgIaCrd
)ir; aind 0
3. L.Jirfless (�)flheirMse requlired Iby au , flhe pirk-.es M-Ik-.lh have beein . urm flhls bld Ihnavrw
rx)t beein Ilk.rmrruwliing. y 6scl(�)sed Iby flhe bddeir aind wHl rx)t Ilk.rmrruwliinglly Ibe discl(�)sed Iby flhe
�b�lddeir�pir�l()ir k) bld (�)pein�ing, d�irecfly(��)ir ind�irecfly, k) ainy(�)flheir bddeir()ir k)ainy cx)irnpeflk)ir;
aind
4. No atteirypt has beein made or-wu11 Ibe made Iby flhe bidder-to ilinduce ainy oflheil- per-soin,
2m
pailtineil-sViilp or, corpoil-atbin to subim�lt, or not to subimilt, a bid for flhe purpose of
restil-IcHing coirypeUtbiril- air
5 �he staterneints cointafirted firt this affidavit are true fund correct, fund rnade with full
kilrowvIDedg Ih at ]Conroe Couinty refies upoin the truth of the staterneints cointai d
firt s fif vit firt awardiing, cointracts for said project.
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itMY COMMI1SSIAWYRAAN40 EE;ON#
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EXPIRES April 08,2019
1 4 "")'53 Ftor1dnNota,ySeMce.cwT
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Packet Pg. 1554
DRUG-FREE WORKPLACE FORM
ca
0
Fhe undersigned ven or in accordance VI(ith Florida Statute, Sec. 287.087, hereby certifies t
Tropical Watersports, LLC
(Name of Business)
0
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, E
0
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
.2
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
0
assistance programs, and the penalties that may be imposed upon employees for drug abuse L)
violations.
0
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
2
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contenclere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5)days
after such conviction.
2
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5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by, any employee who
0
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
0
implementation of thissection. L)
00
As the person authorized to sign e statement, I certify that this firm complies fully with the above
W
requirements. C4
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CL
Contrac)�ekespon dent's Sign rtur4
Sole managing member
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My Commission Expires: A419.11" 4
NtCOLE TWYMAN
MY C01MIMISS1101W FF2183e2
(SEAM....)"WR EXPIRES April 08,2019
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Page 26 of'49
Packet Pg. 1555
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009, am amended by Ordinance No. 004-
2D1ti must complete this form.
�
Name ofBidder/Responder
TOAWAmpt
CL
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated
at least one (1) year prior to the notice of request for proposals? YE'S' (P|u�mu furnish 0
_ -
2. Does the vendor have o physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered toMonroe C n _
{The physical business address must be regisFered as its principal place of business with the Florida �
Department of State for at least one year prior to the notice of request for proposals.) 0
List Address: 18O7 laird mt Key West F| 33O4O
305-304-0093
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or �
construction to local businesses meeting the criteria above amto licensing and location? Noaubs�,
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated ot least one (1)year prior tn the notice or request for proposals. �
�
2. Subcontractor's physical business address within Monroe County from which the subcontractor
operates: �
(The physical business address must be registered as its principal place of business with the Florida <
Department of State for at least one year prior to the notice of request for bids or proposals) 0
Tel. Number 305-304-0093
or
Addir
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PrintNorne: ~~^" '' ` ~ �—
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Bidder/Responder
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STATE OF f� -.2 i",.............~�~�
COUNTY UF ���6" CLu.
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On this .]
day o{�__~ ' 0^2O � before mu, the undersigned notary pub|ic, personally
app*amd��T�� � V�_____�- � ___.e.......................................... to me to be the person whose name is
subscribed above or who aJgjucect \Je��1 n. and acknowledged that
@ he is the person who executed the above Local Preference Form for the purposes therein contained. CL
My commission expires: � tx��
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(SEAL) /`�1�V�~- -- —~
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PU (nBLIC ENTITY CRIME STATEMENT t�
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"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
0
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) E
0
months from the date of being placed on the convicted vendor list."
I have read the above and state that neither LojLcgLLAjLtCs Lembo
(Contractor/Respondent's name)nor any Affiliate has been placed on the convicted vendor list
within the last thirty-six (36) months. 0
L)
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Christopher J Lembo,managing Member 9-18-18
0
STATE OF: 2 W-
COtTNTY OF: 1,0/0 N C-
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Sub ribed and sworn to or affirmed) before me on the day 2f -----------------------------------
201( Y (-Aff4c" -im ej------(name of affianth JTofShe is personally known to me or has 0
Af ------------
produced .............
............................ ................. (type of identification)
as identification.
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NOTARY P BdC
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EXPIRES April 08,2019 CL
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Packet Pg. 1557
C.29.d
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Respondent's Insurance and Indemnification Statement
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
0
FOR WORK
0
4-
To assist in the development of your proposal,the insurance coverage's marked with an "X" will be r_
required in the event an award is made to your firm. Please review this form with your insurance U)
agent and have him/her sign it in the place provided. It is also required that the Respondent sign the
form and submit it with each proposal. 0
Z
0
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
0
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Workers' Compensation Statutory Limits
WC1 X Employers Liability $100,000/$500,000/$100,000 M
2M
U)
U)
GENERAL LIABILITY 0
As a minimum,the required general liability coverage will include:
0
• Premises Operations Products and Completed Operations co
• Blanket Contractual Personal Injurycm
• Expanded Definition
Of Property Damage U-
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Required Limits: 0
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GLl X $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damageco
or 0.
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$300,000 Combined Single Limit
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VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
Page 27 of49
Packet Pg. 1558
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Owned; Non-owned; and hired Vehicles
Required Limits:
.2
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VL2 X $200,000 per Person; $300,000 per Occurrence 0-
$200,000 Property Damage E
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or
4-
$300,000 Combined Single Limit 2r_
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to
Indemnification, Hold Harmless and Defense. The Lessee covenants and agrees to defend Z
0
indemnify and hold harmless Monroe County Board of County Commissioners, and its elected
and appointed officers, officials, agents, servants, and employees from any and all claims,
demands, or causes of action for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, costs U)
I
penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of the Lessee utilizing the property governed by this lease/rental agreement. The extent
U)
of liability is in no way limited to,reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. _J
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PROPOSER'S STATEMENT
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1 understand the insurance that will be mandatory if awarded the contract and will comply in full 0
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty co
to defend as set out in this proposal.
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PROPOSER Signature 0
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Page 28 of49
Packet Pg. 1559
C.29.d
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INSURANCE AGENT'S STATEMENT 0
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
a
POLICY DEDUCTIBLES
VBA59224400
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Liability policies areK_occurrence Claims Made
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Page 29 of49
Packet Pg. 1560
C.29.d
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COMMERCIAL GENERAL LIABILITY COVERAG-
PART DECLARATIOF u)
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[gj"X" IF SUPPLEMENTAL DECLARATIONS ATTACHED
1. POLICY NO.: VBA592244_00... ......... EFFECTIVE DATE: 1;..;..12....;;2=12=Oc...c.1..::..8
TROPICAL WATERSPORTS, LLC
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2. NAMED INSURED:
---------------------------------------
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3. LIMITS OF INSURANCE
General Aggregate Limit(Other Than Products•Completed Operations) $ 500,000 U)
Products-Completed Operations Aggregate Limit $ 500,000 4)
Personal and Advertising Injury Limit $ 500,000
Each Occurrence Limit $ 500,000 0
Damage To Premises Rented To You Limit $ 100,000 Any One Premi: 2-
Medical Expense Limit $ 5,000 6U One Persc
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Coverage A of this insurance does not apply to injury caused by a wrongful act which was committed before the Retroactive Date, if any
shown here: Retroactive Date: None(Enter Date or"None"it no Retroactive Date)
LOCATIONS INCLUDING ZIP CODE OF ALL PREMISES YOU OWN, RENT OR OCCUPY(Enter"same"it same location as your mailing address)
1. 1000 ATLANTIC BOULEVARD, KEY WEST, FL 33040 U)
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CODE PREM' CLASSIFICATION PREMIUM EXPOSURE RATE ADVANC E PREMIUM
NO. NO. BASIS AMOUNT PR/CO ALL OTHER PR/CO ALL OTHER U)
49950 Additional Insured Each 1 Incl Flat Incl $100.00(MF
0
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101101 Boats-canoes or rowboats- Each 8 Incl 164.997 Incl $1,320.0(
for rent• not equipped with
motors- CL
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101331 Beach Chairs and Umbrellas Gross 84,000 Incl 12.434 Incl $1,044.0(
rented to others • Sales U)
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TOTAL ADVANCE PREMIUM FOR THIS PAGE $.00 $2,464.00
TOTAL ADVANCE
PREMIUM FOR THIS $2,499.00 C<0
COVERAGE PART
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4. FORMS AND ENDORSEMENTS APPLICABLE (other than applicable Forms and Endorsements shown elsewhere in this policy)
*Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue:
CL
SEE SCHEDULE OF FORMS AND ENDORSEMENTS-GBA900002 CO
*Entry optional if shown on Common Policy Declarations
5. FORM OF BUSINESS:
D Individual D Joint Venture D Partnership[gi Limited Liability Company D Corporation Q Other
THESE DECLARATIONS,WHEN COMBINED WITH THE COMMON POLICY DECLARATIONS,THE COMMON POLICY CONDITIONS,
COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE
CONTRACT OF INSURANCE.
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Copydght,Insurance Services,Inc.,1984.
GBA 100001 0813
Packet Pg. 1561
oLfi-
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUPPLEMENTAL DECLARATION: U,
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POLICY NO.: V1345)244 ® EFFECTIVE DATE: 1/22/20'18
TROPICAL WATERSPORTS, LLC
NAMED INSURED:
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BUSINESS INFORMATION
Location(s)(including Zip Code)of All Premises You Own, Rent or Occupy(enter"same"if same location as your mailing address):
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CLASSIFICATION AND PREMIUM
CODE PREM CLASSIFICATION PREMIUM I EXPOSURE RATE ADVANCE PREMIUM
NO. NO BASIS AMOUNT PR/CO ALL OTHER PR/CO ALLOTHER
167231 Rental Stores-machinery Gross 7,500 Incl 4.603 Incl $35.0( 0
or equipment-rented to Sales O
others on a long-term
basis-
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TOTAL ADVANCE PREMIUM FOR THIS PAGE $.00 $ 35.0( COE
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLIC`
CONDITIONS, COVERAGE FORMS(S)AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE
THE ABOVE NUMBERED POLICY.
Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Copyright,Insurance Services,Inc.,1985.
GBA 100002 0312
Packet Pg. 1562
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2017 / 2018 _
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2018
RECEIPT#47140-22306
Business Name:TROPICAL WATERSPORTS LLC
0
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1000 ATLANTIC BLVD
Owner Name: CHRISTOPHER J LEMBO
Business Location:KEY WEST, FL 33040
Mailing Address:
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1607 LAIRD ST Business Phone: 305-304-0093
KEY WEST,FL 33040 Business Type: CHARTER BOATS,TOURS&WATERSPORTS °
RENTALS(SAILBOAT RENTAL/BEACH EQUIP U)
RENTAL)
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Employees 1
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Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
22.00 0.00 22.00 0.00 0.00 0.00 22.00
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Paid 101-16-00004527 07/10/2017 22.00
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THIS BECOMES A TAX RECEIPT Danise D. Henriquez,CFC,Tax Collector THIS IS ONLY A TAX. U)
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL U)
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
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MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129 U)
EXPIRES SEPTEMBER 30, 2018
RECEIPT#47140-22306
Business Name:TROPICAL WATERSPORTS LLC 1000 ATLANTIC BLVD CO
Business Location:KEY WEST, FL 33040
CL
Owner Name: CHRISTOPHER J LEMBO
Mailing Address: Business Phone: 305-304-0093
1607 LAIRD ST Business Type: CHARTER BOATS,TOURS&WATERSPORTS cL
KEY WEST,FL 33040 RENTALS(SAILBOAT RENTAL/BEACH EQUIP R Co L
Employees 1
Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost I Total Paid
22.00 0.00 22.00 0.00 0.00 0.00 22.00
Paid 101-16-00004527 07/10/2017 22.00
Packet Pg. 1568
C.29.d
2018 / 2019 _
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2019
RECEIPT#47140-22306
Business Name:TROPICAL WATERSPORTS LLC
0
1000 ATLANTIC BLVD
Owner Name: CHRISTOPHER J LEMBO
Business Location:KEY WEST, FL 33040
Mailing Address:
4-
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1607 LAIRD ST Business Phone: 305-304-0093
KEY WEST,FL 33040 Business Type: CHARTER BOATS,TOURS&WATERSPORTS °ua
RENTALS(SAILBOAT RENTAL/BEACH EQUIP U)
RENTAL)
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Employees 1
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Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
22.00 0.00 22.00 1 0.00 1 0.00 1 0.00 22.00
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Paid 103-17-00004205 07/12/2018 22.00
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THIS BECOMES A TAX RECEIPT Danise D.Henriquez,CFC,Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL33041 YOU MUST MEET ALL U)
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
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MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129,Key West, FL 33041-1129 U)
EXPIRES SEPTEMBER 30, 2019
RECEIPT#47140-22306
Business Name:TROPICAL WATERSPORTS LLC 1000 ATLANTIC BLVD
CO
Business Location:KEY WEST, FL 33040
Owner Name: CHRISTOPHER J LEMBO CL
Mailing Address: Business Phone: 305-304-0093
1607 LAIRD ST Business Type: CHARTER BOATS,TOURS&WATERSPORTS CL
KEY WEST,FL 33040 RENTALS(SAILBOAT RENTAL/BEACH EQUIP R Co >L
Employees 1
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
22.00 0.00 22.00 0.00 0.00 0.00 22.00
Paid 103-17-00004205 07/12/2018 22.00
Packet Pg. 1569
C.29.e
0
REQUEST FOR PROPOSALS
0
FOR
MOBILE RETAIL MERCHANDISE OR SERVICE
CONCESSION
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AT
HIGGS BEACH
MONROE COUNTY, FLORIDA
O e 18 23
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F O
BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tern Sylvia Murphy, District 5
Danny Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
ROMAN GASTESI KEVIN MADOK
August 2018
2
PREPARED BY: 0.
Public Works Facilities Maintenance Department
Page 1 of 49
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C.29.e
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
0
NOTICE IS HEREBY GIVEN that on September 26, 2018, at 3:00 P.M., the
Monroe County Purchasing Office will receive and open sealed responses for the
following:
a
MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION
AT HIGGS BEACH,
MONROE COUNTY, FLORIDA
r_
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be
viewed at: vlllriia „ a searchable Statewide repository for all
published legal notices. Requirements for submission and the selection criteria may be
requested from DemandStar by Onvia at www.demandstar.com OR
www.monroecountybids.com. The Public Record is available at the Monroe County
Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213, Key
West, Florida.
All responses must be sealed and must be submitted to the Monroe County Purchasing ,
Office. '
Publication Date
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Citizen: Mon., 8/27/18
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Page 2 of 49
Packet Pg. 1571
C.29.e
0
HIGGS BEACH MOBILE RETAIL MERCHANDISE OR SERVICE
0
CONCESSION
MONROE COUNTY, FLORIDA
REQUEST FOR PROPOSALS
Requirements for submission and the selection criteria may be requested from Demand Star 0-
by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll-free at 1-
800-711-1712. The Public Record is available at the Purchasing Office located at the Gato 0
Building, 1100 Simonton Street, Room 2-213, Key West, Florida. All Responses must be r_
sealed and must be submitted to the Monroe County Purchasing Office. U)
Proposers must submit:
0
Two signed (2) original responses of the proposal, marked "Original", three (3)
copies, and one (1) copy saved electronically tabbed and indexed in Adobe Acrobat
file (.PDF) format delivered on a common electronically saved form (i.e. flash drive,
CD/DVD, etc.), must be received in a sealed envelope clearly marked on the outside,
with the Proposer's name and "Sealed Proposal for Mobile Retail Merchandise or
Service Concession at Higgs Beach" addressed to:
Monroe County Purchasing Office
1100 Simonton Street, Room 2-213
Key West, FL 33040
All Proposals must be received by the County Purchasing Office before 3:00 P.M. on
September 26, 2018. Any Proposals received after this date and time will be automatically
rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand-
0
delivered, or couriered. Faxed or e-mailed Proposals will be automatically rejected. Hand
delivered Proposals may request a receipt. If sent by mail or by courier, the above- 0
mentioned envelope shall be enclosed in another envelope addressed to the entity and r_
address stated above. Proposers should be aware that certain "express mail" services will not 0
guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each U)
Proposer to ensure their Proposal is received in a timely fashion. 2
U)
U)
All submissions must remain valid for a period of ninety (90) days from the date of
the deadline for submission stated above. The Board will automatically reject the response
of any person or affiliate who appears on the convicted vendor list prepared by the
Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute
(1997). Monroe County declares that all or portions of the documents and work papers and
other forms of deliverables pursuant to this request shall be subject to reuse by the County.
U)
The most responsive Proposal(s), along with the recommendation of the County
Administrator, or his designee, and the Director of Facilities Maintenance, will be presented x
to the Board of County Commissioners of Monroe County, Florida, for final awarding or
otherwise. The Board reserves the right to reject any and all Proposals, to waive U_
informalities in any or all Proposals, to re-advertise for Proposals; and to separately accept
or reject any item or items and to award and/or negotiate a contract in the best interest of the
County.
Page 3 of 49
Packet Pg. 1572
C.29.e
0
TABLE OF CONTENTS
0
PAGE
a
0
NOTICE OF REQUEST FOR 1 -3
0
PROPOSALS
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TABLE OF CONTENTS 4 -4
0
SECTION ONE 5 — 17
INSTRUCTIONS TO PROPOSERS
0
SECTION TWO 18 —31
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PROPOSAL DOCUMENTS
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SECTION THREE 32 —47
DRAFT AGREEMENT 2'
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EXHIBIT "A" 48 —48 0
EXHIBIT `B" 49 —49 U)
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C.29.e
0
SECTION ONE U)
INSTRUCTION TO PROPSERS
1.01 INTRODUCTION DESCRIPTION
a
Monroe County, as the owner of Higgs Beach, is soliciting proposals for two (2) non-food 0-
retail concessions in the Higgs Beach Park, located in Key West, Monroe County, Florida. E
The concession shall provide leisure and/or recreational and/or watersports merchandise ,�
products, and/or other appropriate island themed merchandise. The Respondent(s) awarded r_
a contract shall provide a Concession operation which will allow the County to maximize U)
the variety and type of products and services offered by the concessions. Respondent must
include in the proposal a sample list of all products and services with pricing proposed to be 0
available for sale and/or rent at the concession spaces. Respondent will also propose a
location site for Respondent's concession in the Respondent's proposal however,
Respondent's location at the Higgs Beach Park will be subject to County approval and may
be relocated at the County's discretion and as construction needs dictate for implementation
of the Higgs Beach Master Plan. The two (2) awarded contracts will offer products or
services that are different in nature from each other and will not be direct competition to the
other.
A NON-MANDATORY PRE-BID CONFERENCE WILL BE HELD ON SITE
September 5, 2018,AT 09:00 A.M.
U)
U)
1.02 GENERAL TERMS DEFINITIONS 0
As used in this RFP, the following terms shall have the meanings set forth below:
r_
0
The terms Bidder, Concessionaire, Contractor, Lessee, Proposer, and Respondent 0
are synonymous.
U)
Bidder: One who submits a response to a request for proposal (RFP). That person
or entity duly authorized, upon award of a contract, to have a Contract with the 0
County to provide the product and/or services set forth herein and incurring liability
for the same.
n r : The written contract resulting from this solicitation between the
County and the awarded Respondent, including this RFP, and the awarded
Respondent's response along with any written addenda and other written U
documents, which are expressly incorporated by reference.
x
E
Concessionaire: One who submits a response to a request for proposal (RFP). That 42
0.
person or entity duly authorized, upon award of a contract, to have a Contract with U_
the County to provide the product and/or services set forth herein and incurring
liability for the same.
Contractor: One who submits a response to a request for proposal (RFP). That
Page 5 of 49
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C.29.e
person or entity duly authorized, upon award of a contract, to have a Contract with 0
the County to provide the product and/or services set forth herein and incurring �
liability for the same.
Coup : The word County refers to the County of Monroe, Florida.
DU: The word "day" means each calendar day or accumulation of calendar .2
days.
Lessee: One who submits a response to a request for proposal (RFP). That person or ,�
entity duly authorized, upon award of a contract, to have a Contract with the r_
County to provide the product and/or services set forth herein and incurring liability U)
for the same.
0
Mobile Concession: The concession must not be permanently attached and
must be easily relocated. Equipment or vehicles must be roadworthy to
meet any FEMA requirements for evacuation from the park and, if
necessary,properly registered and licensed for over the road use.
Person or Persons: An individual, firm, partnership, corporation, association, 0)
executor, administrator, trustee or other legal entity, whether singular or plural,
masculine or feminine, as the context may require.
Proposal: The document submitted in response to a formal solicitation used to
determine a contract award.
Proposer: One who submits a response to a request for proposal (RFP). That person
0
or entity duly authorized, upon award of a contract, to have a Contract with the
County to provide the product and/or services set forth herein and incurring liability r_
for the same. 0
U)
Respondent: One who submits a response to a request for proposal (RFP). That 2
person or entity duly authorized, upon award of a contract, to have a Contract with U)
the County to provide the product and/or services set forth herein and incurring
liability for the same.
1.03 COPIES OF PROPOSAL DOCUMENTS
A. Only complete sets of Proposal Documents will be issued and shall be used in
preparing proposals. The County does not assume any responsibility for errors or _
misinterpretations resulting from the use of incomplete sets.
42
B. Complete sets of Proposal Documents may be obtained in the manner and at the
location stated in the Notice of Requesting for Proposals.
1.04 QUALIFICATIONS OF RESPONDENTS (TO BE SUBMITTED WITH
PROPOSAL)
Page 6 of 49
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C.29.e
A. Each proposal must contain evidence of the Respondent's qualifications to do 0
business in a beach/park environment. To demonstrate qualifications, each �
Respondent shall submit a written business plan describing the type of goods or
services that they will be offering and why the Respondent believes the goods or
services will be appropriate and successful at a beach/park environment.
1.05 DISQUALIFICATION OF RESPONDENTS
0
A. ONE(1) PROPOSAL: All proposals submitted must be specifically addressed to
the concession type described herein. If a Respondent desires to bid on both I-
4-
concessions, the Respondent has to do so with two (2) distinctly separate, stand- r_
alone proposals, such that the County may choose to select only one of the U)
proposals with no obligation towards the Respondent's second proposal.
0
B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed NON-COLLUSION
AFFIDAVIT. If it is discovered that collusion exists among the respondents, the
bid or proposals of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future bids for the same work.
U)
C. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the 0
threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY
TWO for a period of thirty-six (36) months from the date of being placed on the U)
convicted vendor list. Category Two: $35,000.00 0
D. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal r_
in response to this invitation must execute the enclosed DRUG-FREE U)
WORKPLACE FORM and submit it with his/her bid or proposal. Failure to
complete this form in every detail and submit it with your bid or proposal may 0
result in immediate disqualification of your bid or proposal.
E. LOCAL PREFERENCE FORM: Any person submitting a proposal or bid in
response to this invitation must execute the enclosed LOCAL PREFERENCE
FORM and submit it with his/her proposal or bid. Failure to complete this form
will result in disqualification from receiving local vendor preference. U,
F. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person E
submitting a bid or proposal in response to this invitation must execute the 0.
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it U_
with his/her bid or proposal. Failure to complete this form in every detail and
submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
Page 7 of 49
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C.29.e
0
1.06 EXAMINATION OF CONTRACT DOCUMENTS U)
0
A. Each Respondent shall carefully examine the contract documents, and inform
himself/herself thoroughly regarding any and all conditions and requirements that
may in any manner affect the cost or the goods or the services to be provided
under the lease. Ignorance on the part of the Respondent will in no way relieve .2
him/her of the obligations and responsibilities assumed under the lease.
E
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the ,�
proposal documents, or should he/she be in doubt as to their meaning, he/she shall r_
at once notify the County. U)
1.07 INTERPRETATIONS AND CLARIFICATIONS 0
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing ten (10) or
more business days prior to the date fixed for opening of responses will be given
consideration. Written inquiries should be sent to Alice Steryou, Monroe County
Contract Monitor, 1100 Simonton Street, Room 2-216, Key West, Florida 33040, or
emailed to Sterlou-aliceLMonroeCountl-Fl.Gov. All such changes or interpretation
will be made in writing in the form of an addendum and, if issued, will be furnished to all
known prospective Respondents prior to the established Response opening date on the
website www.demandstar.com or/herhttpa//www.monroecountybids.com.
Each Respondent shall acknowledge receipt of such addenda in their Response. In case U)
any Respondent fails to acknowledge receipt of such addenda or addendum, his/her 0
response will nevertheless be construed as though it had been received and acknowledged
and the submission of his response will constitute acknowledgment of the receipt of U)
same. All addenda are a part of the contract documents and each Respondent will be 0
bound by such addenda, whether or not received by him/her. It is the responsibility of
each Respondent to verify that he/she has received all addenda issued before responses r_
are opened. U)
Respondents to this solicitation or persons acting on their behalf may not contact, 0
between the release of the solicitation and the end of the seventy-two (72) hour period
following the agency posting the notice of intended award, excluding Saturdays,
Sundays, and Federal holidays, any employee or officer of the executive or legislative
branch concerning any aspect of this solicitation, except in writing to the procurement
officer or as provided in the solicitation documents. Violation of this provision may be
grounds for rejecting a response. U,
E
1.08 GOVERNING LAWS AND REGULATIONS
A. The Respondent is required to be familiar with and shall be responsible for
complying with all federal, state, and local laws, ordinances, rules, and
Page 8 of 49
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C.29.e
regulations that in any manner affect the work. Knowledge of occupational 0
license requirements and obtaining such licenses for Monroe County and U)
municipalities within Monroe County are the responsibility of the
Bidder/Respondent.
B. The Respondent's proposal shall include a sample list of all products and services
with pricing proposed to be available for sale at the concession(s). .2
0
C. Respondent shall be required to obtain Monroe County and City of Key West
Occupational Licenses before beginning operations. Respondent shall also be ,�
responsible for obtaining any additional licenses which may be required by r_
Respondent's operations at Higgs Beach before beginning operations. U)
D. The Bidder/Respondent shall include in his/her bid prices for all sales, consumer, 0
use, and other taxes required to be paid in accordance with the law of the State of
Florida, County of Monroe, and the City of Key West.
0
1.09 PREPARATION OF PROPOSALS
A. Signature of the respondent: The Respondent must sign the Proposal forms in
the space provided for the signature. If the Respondent is an individual, the
words "doing business as or "Sole Owner" must appear beneath
such signature. In the case of a partnership, the signature of at least one (1) of the
partners must follow the firm name and the words "Member of the Firm" should
be written beneath such signature. If the Respondent is a corporation, the title of
the officer signing the proposal on behalf of the corporation must be stated along
with the Corporation Seal Stamp and evidence of his/her authority to sign the
proposal must be submitted. The Respondent shall state in the proposal the name
and address of each person interested therein. U)
0
0
1.10 CONTENT OF SUBMISSION U)
r_
The Proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white 2
paper; shall be clear and concise and provide the information requested herein. The proposal U)
shall be organized and tabbed. Statements submitted without the required information will not
be considered. Proposals shall be organized as indicated below. The Respondent should not
withhold any information from the written response in anticipation of presenting the information 2
orally or in a demonstration. Each Respondent must submit adequate documentation to certify
the Respondent's compliance with the County's requirements. Respondent should focus
specifically on the information requested.
The following information, at a minimum, shall be included in the Submittal: U
A. COVER PAGE
E
A cover page that states "PROPOSAL —MOBILE RETAIL MERCHANDISE 42
OR SERVICE CONCESSION AT HIGGS BEACH, MONROE COUNTY, FLORIDA". U_
The cover page should contain /Respondent's name, address, telephone number, and the name of
the Respondent's contact person and their e-mail address.
Page 9 of 49
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C.29.e
B. TABBED SECTIONS
U)
0
Tab 1. Business Plan for Proposed Concession (20 points max.)
Each proposal must contain evidence of the Respondent's qualifications to do
business in a beach/park environment. To demonstrate qualifications, each
Respondent shall submit a written business plan describing the type of goods or a
services that they will be offering with pricing and why the Respondent believes
the goods or services will be appropriate and successful at a beach/park E
environment. °-
r_
U)
U)
Tab 2. Qualifications and Experience (20 points max.) 0
Each Respondent shall submit with his/her Response the required evidence of his/her
qualifications and experience. Provide descriptions of current or past contracts
providing services similar to those called for in this RFP and for services provided to 0
government entities.
The Proposer shall provide information about the experience of the proposer's
principals, if applicable, to run the proposed concession.
U)
0)
2M
In order to determine if the persons or entity submitting proposals are responsible, all
proposals for contracts to be awarded under this section must contain the following M
information:
2M
U)
1. A list of the entity's shareholders with five (5)percent or more of the stock or, if a U)
general partnership, a list of the general partners; or, if a limited liability
0
company, a list of its members; if a solely owned proprietorship, the name(s) of
owners. A copy of documentation demonstrating that the entity is a legally r_
viable entity shall be attached; 0
2. A list of the officers and directors of the entity; U)
3. The number of years the person or entity has been operating and, if different, the r_
number of years it has been providing the goods or services called for in the U)
RFP specifications;
4. The number of years the entity has operated under its present name and any prior
names;
5. Customer references (minimum of three)including name, current address, current
telephone number, date of initiation and completion of contract, and summary
of goods or services provided and area served; M
6. Credit references (minimum of three) including name, current address, and
U)
current telephone number; and
7. Relevant Experience: The Proposer/Respondent shall provide a project history of
the firm or organization demonstrating its experience similar to that requested.
8. Litigation: Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, ever
failed to complete work or provide the goods for which it has contracted? If yes,
provide details;
Page 10 of 49
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C.29.e
b. Are there any judgments, claims, arbitration proceeding or suits pending 0
or outstanding against the person, principal of the entity, or entity, or any entity �
previously owned, operated or directed by any of its officers, directors, or general
partners? If yes,provide details;
C. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or directors,
within the last five (5) years, been a party to any lawsuit, arbitration, or mediation .2
with regard to a contract for services, goods or construction services similar to
those requested in the specifications with private or public entities? If yes, provide E
details; ,�
d. Has the person, principal of the entity, or any entity previously owned, r_
operated or directed by any of its officers, owners, partners, major shareholders or U)
directors, ever initiated litigation against Monroe County or been sued by Monroe
County in connection with a contract to provide services, goods or construction 0
services? If yes,provide details;
e. Whether, within the last five (5) years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person or entity
was an officer, director, general partner, principal, controlling shareholder, or
major creditor of any other entity that failed to perform services or furnish goods
CO
similar to those sought in the request for competitive solicitation. U
Tab 3. Compatibility of the proposed merchandise or services with other
vendors (20 points max.)
Description of the various merchandise or services that your concession operation
will offer and its compatibility with other current Higgs Beach vendors offering U)
activities, merchandise and/or food and how such merchandise or services will <
improve the visitors' beach experience.
U)
Tab 4. Compatibility of the proposer operations with the Hies Beach 0
Master Plan (20 points max.) U)
Description of how your mobile retail merchandise or service concession will U)
enhance the overall concept of the Higgs Beach Master Plan for the enjoyment of
the environment by all visitors, whether locals or tourists. The Higgs Beach 0
Master Plan may be found at the following link:
httD://www.monroecounty-fl.�ov/235/Higgs-Beach
Tab 5. Potential Revenue to the County (15 points max.)
Amount of revenue anticipated to be remitted to the County annually for the
monthly rental and percentage of gross taxable sales or guaranteed minimum
x
annual fee proposed, whichever is greater, generated by Respondent's mobile
retail merchandise or service concession, as set forth in the proposed Lease found
in Section Three hereof. U-
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C.29.e
Tab 6. Local Preference (5 points max.) 0
Individuals for firms which meet all the criteria in Section 2-349 of the Monroe 0
County Code and are a conforming and responsible proposer shall receive local
preference.
Tab 7. County Forms and Licenses (no points) 2
a
0
Respondent shall complete and execute the forms specified below and found at
the designated pages in this RFP, and shall include them in the appropriate tabbed 0
section; failure to provide executed documents may result in the Respondent
being determined to be not fully responsive to the RFP: U)
U)
1.11 Proposal Form
1.12 Lobbying and Conflict of Interest Clause
1.13 Non-Collusion Affidavit 0
1.14 Drug Free Workplace Form
1.15 Local Preference Form
1.16 Public Entity Crime Statement
1.17 Proposer's Insurance and Indemnification Statement
1.18 Insurance Agent's Statement
U)
Respondent shall produce evidence of proper licensing to perform the services
described herein. Copies of all professional and occupational licenses shall be
included in this section. Proof of payment of both Key West and Monroe County
business taxes (previously occupational license) is required to be obtained within <
fifteen (15) days of award of the contract.
U)
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0
0
Respondent shall provide In a Separate Sealed Envelope Labeled"Confidential U)
Financial Information" the following: U)
0
(1) Financial statements for the prior three(3) years for the responding entity.
a�
(2) Any financial information requested by the County department involved in
the competitive solicitation, related to the financial qualifications, technical CO
competence, the ability to satisfactorily perform within the contract time U,
constraints, or other information the department deems necessary to enable the
x
department and Board of County Commissioners to determine if the Respondent
is responsible.
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1.11 SUBMISSION OF PROPOSALS
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A. Interested firms or individuals shall submit Two (2) original responses, marked
"Original", three (3) copies, and one (1) copy saved electronically tabbed and
indexed in Adobe Acrobat file (.PDF) format delivered on a common
electronically saved form (i.e. flash drive, CD/DVD, etc.) of the proposal(s).
a
B. The response shall be submitted in a sealed envelope clearly marked on the 0-
outside, with the Contractor's/Respondent's name and "Sealed Proposal for E
Mobile Retail Merchandise or Service Concession at Higgs Beach" addressed ,�
to the entity and address stated in the Notice of Request for Proposals, on or r_
before 3:00 P.M. local time on September 26, 2018. If sent by mail or by U)
courier, the above-mentioned envelope shall be enclosed in another envelope
addressed to the entity and address stated in the Notice of Request for Proposals. 0
Faxed or e-mailed responses shall be automatically rejected. Responses will be
received until the date and hour stated in the Notice of Request for Competitive
Solicitations.
C. Each respondent shall submit with his/her proposal the required evidence of
his/her qualifications and experience, as outlined in Article 1.04. U
1.12 WITHDRAWAL OF PROPOSAL
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Any proposal may be withdrawn prior to the time scheduled in the Notice of
Requesting for Proposals for the opening thereof. All other proposals received
must remain valid for a period of ninety (90) days.
0
1.13 MODIFICATION OF PROPOSALS
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Written proposal modifications will be accepted from Respondents if addressed to 0
the entity and address indicated in the Notice of Requesting for Proposals and
received prior to proposal due date and time and marked on the outside: "Sealed r_
Proposal for Mobile Retail Merchandise or Service Concession at Higgs U)
Beach".
0
1.14 RESPONSIBILITY OF RESPONDENT
The Contractor/Respondent is solely responsible for all costs of preparing and
submitting the response, regardless of whether a contract award is made by the
County. This RFP does not constitute an offer for employment or contract for
services.
U)
1.15 RECEIPT AND OPENING OF PROPOSALS
E
a
Proposals will be received until the designated time and will be publicly opened 0.
0.
and read aloud at the appointed time and place stated in the Notice of Requesting
for Proposals. Monroe County's representative authorized to open the proposals
will decide when the specified time has arrived and no proposals received
thereafter will be considered. No responsibility will be attached to anyone for the
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C.29.e
premature opening of a proposal not properly addressed and identified. 0
Respondents or their authorized agents are invited to be present. U)
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1.16 DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of the proposals, the selection committee will meet in a
publicly noticed meeting and evaluate the responses based on the criteria and .2
point total below. The County reserves the right to reject any and all proposals
and to waive technical errors and irregularities as may be deemed best for the E
interests of the County. Proposals which contain modifications, are incomplete, ,�
conditional, obscure, or which contain additions not requested or irregularities of r_
any kind, or which do not comply in every respect with the Instruction to U)
Respondents, and the proposal documents, may be rejected at the option of the
County. The County may contact a Respondent to request clarification of an 0
ambiguity in the Respondent's proposal.
0
Each TAB section will be given points used to score and evaluate firms and
individuals. The point structure is as follows:
CRITERIA MAXIMUM POINTS
TAB 1 20
TAB 2 20
�s
TAB 3 20
TAB 4 20
TAB 5 15
TAB 6 05 U)
TAB 7 00
TOTAL 100
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1.17 LOCAL PREFERENCE 0
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When reviewing responses, preference will be given to business entities or U)
individuals residing and doing business within the geographical limits of Monroe
County, Florida, which meet all the criteria in Section 2-349 of the Monroe
t�
County Code, and are a conforming and responsible proposer. Any person
submitting a proposal in response to this invitation must execute the enclosed
LOCAL PREFERENCE FORM and submit it with his/her proposal. Failure to
complete this form will result in disqualification from receiving local vendor
preference. U)
1.18 AWARD OF LEASE/TIE RESPONSES/PROTEST PROCEDURE
A. The County reserves the right to reject any or all proposals, or any part of any
proposal, to waive any informality in any proposal, or to re-advertise for all or
part of the services contemplated. If proposals are found to be acceptable by the
County, written notice will be given to the selected Respondent of the acceptance
of their proposal and of the award of the Lease to them.
Page 14 of 49
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C.29.e
0
B. If the award of the lease is annulled, the County may award the lease to another U)
respondent, or the concession space may be re-advertised, or may be awarded to
other qualified personnel as the County decides.
C. The lease will be awarded to the highest ranked responsive conforming
Respondent complying with the applicable conditions of the proposal documents, .2
and deemed to provide the services which are in the best interests of the County. 0-
D. The County also reserves the right to reject the proposal of a Respondent who has ,�
previously failed to perform properly. r_
U)
U)
E. The proposals will be evaluated and ranked by a selection committee of not less
than three (3) members. The proposals will be ranked (in no particular order) on 0
the following parameters:
1. Business Plan (Evaluation Points Assigned—20 max.)
2. Qualifications / experience of the proposer's principals to run the proposed
concession (Evaluation Points Assigned—20 max.)
3. Compatibility of the proposed merchandise or services with other vendors
(Evaluation Points Assigned—20 max.)
4. Compatibility of the proposer's operations with the Higgs Beach Master Plan
(Evaluation Points Assigned—20 max.)
5. Potential revenue to the County (Evaluation Points Assigned— 15 max.)
6. Local preference(Evaluation Points Assigned- 5 max.)
7. County Forms (no points) U)
d
0
The most responsive (highest ranked)proposal(s), along with the recommendation of the County
Administrator or his designee, will be presented to the Board of County Commissioners of 0
Monroe County, Florida, for final awarding or otherwise. r_
0
F. Tie Responses: In the event the same competitive solicitation amounts are U)
received from two (2) or more responders who are considered by the BOCC to be 2
U)
equally qualified and responsive or when two or more responders are equal in
rank and score, and only one of the responders has a principal place of business in
Monroe County, FL, the award shall be to the responder who has a principal place
of business located in Monroe County, FL, except where prohibited by federally
funded contracts. Otherwise, the tie will be resolved by draw from an opaque
container.
G. Protest Procedure: Any Respondent/Proposer who claims to be adversely
effected by the decision or intended decision to award a contract shall submit in
writing a notice of protest which must be received by the County within seventy-
two (72) hours or three (3) business days, whichever is less, after the posting of
the notice of decision or intended decision on DemandStar. Failure to timely U-
protest within the times prescribed herein shall constitute a waiver of the ability to
protest the award of the contract. The filing of a protest shall not stop the
solicitation, negotiations, or contract award process, unless it is determined that it
is in the best interest of the County to do so. A formal written protest may be 2
Page 15 of 49
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C.29.e
submitted in writing and must be received by the County Attorney's Office 0
seventy-two (72) hours of three (3) business days prior to the Board of County �
commissioner's meeting date in which the award of contract by the Board of
County Commissioners will be heard. The only opportunity to address protest
claims is before the Board of County Commissioners at the designated public
meeting in which the agenda item awarding the contract is heard. In accordance
with the Rules of Debate as set forth in the Monroe County Board of County .2
Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that 0-
filed the protest is responsible for providing the Clerk with his/her name and
residence prior to the agenda item to award the contract being called in order to ,�
preserve their opportunity to be heard on the matter. An individual has three (3) r_
minutes to address the Commission and a person representing an organization has U)
five (5) minutes to address the Commission. The Board of County
Commissioners' decision to award the contract is final and at their sole discretion. 0
0
1.19 EXECUTION OF CONTRACT
The respondent to whom a Lease is awarded shall be provided and will be
required to return to the County two (2) executed counterparts of the prescribed
Lease together, with the required certificates of insurance, within fifteen (15) days
from the date of notice of acceptance of the Respondent's proposal.
U)
1.20 CERTIFICATE OF INSURANCE
A. The Lessee will be responsible for all necessary insurance coverage which U)
includes, at a minimum: 0
Worker's Compensation (if required) - $100,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy U)
limits; 0
$100,000 Bodily Injury by Disease, each
employee r_
Vehicle Liability - $300,000 combined single limit U)
General Liability - $300,000 combined single limit
0
Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of proposal, with Monroe County BOCC listed as additionally
insured on all except Workers Compensation. If the proper insurance forms are
not received within the fifteen (15) days, the contract may be awarded to the next
selected respondent.
U)
B. All forms of insurance required above shall be from insurers acceptable to
the County. Policies shall be written by companies licensed to do business in the
42
State of Florida and having an agent for service of process in the State of 0.
Florida. Companies shall have an A.M. Best rating of VI or better. The required
insurance shall be maintained at all times while Contractor/Respondent is
providing service to the County.
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C.29.e
All insurance policies must specify that they are not subject to cancellation, non- 0
renewal, material change, or reduction in coverage unless a minimum of thirty �
(30) days prior notification is given to the County by the insurer.
1.21 INDEMNIFICATION
a
The Contractor/Respondent to whom a contract is awarded shall defend, 0-
indemnify, and hold harmless the County as outlined below:
0
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The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe U)
County Board of County Commissioners, and its elected and appointed officers,
officials, agents, servants, and employees from any and all claims, demands, or 0
causes of action for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses,
damages, costs, penalties, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of the Lessee utilizing the property
governed by this lease/rental agreement. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained U
elsewhere within this agreement.
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C.29.e
SECTION TWO
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PROPOSAL SPECIFICATIONS FOR MOBILE
RETAIL OR SERVICE CONCESSION AT HIGGS BEACH
A. The term of the lease will be for a period of two (2) years renewable, at the 2
County's discretion, for three (3) additional two (2) year terms. 0-
0
B. The Proposal shall include a sample list of all products, services and pricing
proposed to be available for sale at the concession(s). 2
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U)
C. The Concessions will consist of two (2) concessions offering leisure and/or
recreational and/or watersports activities, merchandise products, and/or other
appropriate island themed merchandise. All proposals submitted must be
specifically addressed to the concession type described herein. If a Respondent 0
desires to bid on both concessions, the Respondent has to do so with two (2)
distinctly separate, stand-alone proposals, such that the County may choose to
select only one of the proposals with no obligation towards the Respondent's
second proposal.
D. Respondent shall provide all items, and/or equipment, and/or services needed for
the operation of the concession(s). The operation must be open for service 363
days per year from 10:00 A.M. till sunset, as a minimum, with closing for
Thanksgiving day and Christmas day optional. (The hours can be revised by
mutual consent.) No utility services will be provided by the County; therefore the
Respondent's operation should be self-contained. However, if available,
Respondent can arrange for utility service at Respondent's sole cost and expense.
In this instance, Respondent shall be liable for any and all costs of establishing r_
and maintaining the service, including permitting, as well as securing the service 0
after Respondent's hours of operation. The concession must be roadworthy to U)
meet any FEMA requirements for evacuation from the park and, if necessary, 0
properly registered and licensed for over the road use. U)
0
E. Background Checks/Personnel
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1. Contractor employees must consent to background checks. The County
reserves the right to refuse personnel based on results of the background
check. The County reserves the right to demand of the Contractor
U)
replacement of an employee for the Contractor if a conflict or problem with
that employee should arise. The Contractor will be responsible for the
supervision, hiring and firing of their own employees and shall be solely 42
responsible for the pay, worker's compensation insurance, and benefits. CL
2. Communication between the County Representative and the concession
personnel is very important. Therefore, the Contractor must assure that at
least one (1) concession personnel can communicate well with the County
Page 18 of 49
Packet Pg. 1587
C.29.e
Representative. Any employee hired by the Contractor will be the 0
Contractor's employee and in no way has any association with the County. �
The Contractor shall insure that its employees are trained in all appropriate
safety regulations, and comply with all such applicable laws and regulations,
and comply with all other local, State, and Federal regulations.
3. Uniforms are preferred for concession personnel however; photo .2
identification cards are required, which shall clearly identify personnel as
employees of the Contractor. This requirement shall apply upon entering E
County property and at all times while on duty.
4. Contractor/Respondent further agrees to notify the County immediately upon U)
becoming aware that one of its employees, who previously completed the
background check, is subsequently arrested or convicted of any crime. 0
Failure by Contractor/Respondent to notify County of such arrest or
conviction within forty-eight (48) hours of being put on notice by the
employee and/or within five (5) days of its occurrence shall constitute
grounds for immediate termination of this Lease by County. The parties
further agree that failure by Contractor/Respondent to perform any of the
CO
duties described in this paragraph shall constitute a material breach of the U
contract entitling County to terminate this contract immediately with no
further responsibility to make payment or perform any other duties described
herein.
F. The concession stand will not have commercial lighting of any type, including U)
signage. <
0
G. All pricing for all goods and services are to be posted and visible for all
customers. r_
0
to
H. If the proposer chooses to install a security alarm system, it will be of the non- U)
audible type, and approved in writing by the County Administrator or his 2
designee. U)
L The rental or selling of fishing equipment will not be permitted.
J. Respondent shall agree to pay the County, as Lessor:
i) a monthly rent, and;
ii) a percentage of Gross Taxable Sales or a minimum guaranteed annual U)
payment, whichever is greater.
E
Therefore, the Respondent's proposal shall include the respondent's proposed
monthly rental payment, the percentage of gross taxable sales that will be paid to U_
the County and the guaranteed minimum annual payment proposed.
The percentage of Gross Taxable Sales/minimum monthly payments are a fee that
shall be paid in addition to the monthly rent. Such payment shall be submitted to
the Monroe County Board of County Commissioners, Monroe County, Florida,
Page 19 of 49
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C.29.e
by the 251' day of the following month. An annual rental adjustment shall be made 0
in accordance with the percentage change in the Consumer Price Index (CPI) for �
all urban consumers (CPI-U) for the prior calendar year ending on December
31st. In the event of a deflationary CPI-U, no adjustment in the lease amount will
be made.
K. Respondent shall include a proposed site location for Respondent's mobile retail a
concession operation that is at least fifty (50) feet away from other concessions
located at Higgs Beach and shall mark the proposed location on Exhibit "A" 0
attached hereto. Respondent's items and equipment must be removed from its 4-
location at the end of each day or secured in a location within Respondent's 2
concession space in such a manner as to not interfere with daily beach cleaning
operations. Respondent's location at the Higgs Beach Park will be subject to
County approval and may be relocated at the County's discretion and as
construction needs dictate for implementation of the Higgs Beach Master Plan on
Exhibit "B" attached hereto. 0
The Higgs Beach Master Plan may be found at the following link:
ham://www.monroecounty-fl.gov/235/Higgs-Beach
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Page 20 of 49
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C.29.e
PROPOSAL DOCUMENTS
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BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
0
The undersigned, having carefully examined the work, specifications, RFP documents, and
addenda thereto, and other Contract Documents for the services of: 2
U)
U)
MOBILE RETAIL MERCHANDISE OR SERVICE CONCESSION
AT HIGGS BEACH, MONROE COUNTY, FLORIDA
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself/herself with material availability, Federal, State, and Local laws, a
ordinances, rules and regulations affecting performance of the work, does hereby propose to
furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals
necessary to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto.
Company Information and Signature Page
Company EIN:
Company Name: U)
Company Ownership:
Years in Business:
Company Address:
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to
Company Phone Number: Fax:
Company web address:
Number of Employees:
Company E-mail:
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Management Person Responsible for Direct Contact to County and Services required
for this RFP:
Name:
Title:
Phone Number:
Email Address:
2
a.
Signature of Authorized Representative Date
Type or Print Officer's Name and Title:
Page 21 of 49
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C.29.e
Bid Type of Concession: 0
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Bid Price for Concession space at Higgs Beach will be paid to Monroe County at the following 4-
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rate: 2
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Monthly rent of$ for retail concession space.
plus percentage of Gross Taxable Sales or a guaranteed minimum annual fee of
$ whichever is greater, generated by Lessee's operations at the detail concession space.
0
U)
I acknowledge receipt of Addenda No.(s)
No. Dated U'
No. Dated U)
0
No. Dated
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No. Dated r_
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0.
Page 22 of 49
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C.29.e
Proposer, states by his/her check mark in the blank beside the form and by his/her signature
that he/she has provided the following forms: U)
0
a. Proposal Form with proposed sample list of items or services
with pricing to be offered for sale
b. Non-Collusion Affidavit
C. Lobbying and Conflict of Interest Clause
d. Drug-Free Workplace Form
e. Proposer's Insurance and Indemnification Statement
f. Insurance Agents Statement (signed by agent)
g. Local Preference Form and requirements (if applicable)
h. Public Entity Crime Statement
U)
U)
0
In addition, Proposer states that he/she has included a current copy of all required professional
and/or License. (Check mark items above, as a reminder that they are included.)
0
Mailing Address:
CO
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Phone Number:
Email Address:
0
Date: Signed:
0
0
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(Name)
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(Title)
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Witness:
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Print Name:
CO
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Page 23 of 49
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C.29.e
NON-COLLUSION AFFIDAVIT
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I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of .
0
the bidder making the Proposal for the project described in the Request for
Proposals for:
r_
and that I executed the said proposal with full authority to do so:
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor;
and
3. Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any ca
competitor; and
4. No attempt has been made or will be made by the bidder to induce any other person, '
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
0
(Signature of Respondent) (Date)
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0
0
STATE OF: U)
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COUNTY OF: U)
PERSONALLY APPEARED BEFORE ME, the undersigned authority, 0
who, after first being sworn by me, (name of individual
signing) affixed his/her signature in the space provided above on this day of
12018.
U)
NOTARY PUBLIC
2
0.
My Commission Expires:
(SEAL)
Page 24 of 49
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C.29.e
LOBBYING AND CONFLICT OF INTEREST CLAUSE
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SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
0
0
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(Company)
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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. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement 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".
U)
(Signature) �s
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Date:
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0
STATE OF:
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0
COUNTY OF: 0
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Subscribed and sworn to (or affirmed) before me on
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(date) by (name of affiant). He/She is personally
known to me or has produced as
a
identification. (type of identification)
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NOTARY PUBLIC
My commission expires:
42
CL
(SEAL)
Page 25 of 49
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C.29.e
DRUG-FREE WORKPLACE FORM
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The undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
4-
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
0
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
0
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty ca
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no 0
later than five (5) days after such conviction.
U)
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by, any employee who
is so convicted. U)
U)
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
U)
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As the person authorized to sign the statement, I certify that this firm complies fully with the 0
above requirements. U)
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Contractor/Respondent's Signature
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°
Date
NOTARY PUBLIC
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My Commission Expires: 0.
(SEAL)
Page 26 of 49
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C.29.e
0
Respondent's Insurance and Indemnification Statement
0
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
0
To assist in the development of your proposal, the insurance coverage's marked with an "X"will 0
4-
be required in the event an award is made to your firm. Please review this form with your r_
insurance agent and have him/her sign it in the place provided. It is also required that the U)
Respondent sign the form and submit it with each proposal.
0
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WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Compensation Statutory Limits
WC1 X Employers Liability $100,000/$500,000/$100,000
GENERAL LIABILITY U)
0
As a minimum, the required general liability coverage will include:
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0
• Premises Operations • Products and Completed Operations �?
• Blanket Contractual • Personal Injury
• Expanded Definition
Of Property Damage
0
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Required Limits:
GLl X $100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
42
0.
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
Page 27 of 49
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0
Owned; Non-owned; and hired Vehicles U)
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Required Limits:
VL2 X $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage 0-
or
$300,000 Combined Single Limit 4-
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0
to
Indemnification, Hold Harmless and Defense. The Lessee covenants and agrees to defend,
indemnify and hold harmless Monroe County Board of County Commissioners, and its elected 0
and appointed officers, officials, agents, servants, and employees from any and all claims,
demands, or causes of action for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses, damages, costs,
penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by CD
reason of the Lessee utilizing the property governed by this lease/rental agreement. The extent
of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
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PROPOSER'S STATEMENT
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I understand the insurance that will be mandatory if awarded the contract and will comply in full 0
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty U)
to defend as set out in this proposal. r_
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PROPOSER Signature
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2
0.
Page 28 of 49
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C.29.e
INSURANCE AGENT'S STATEMENT 0
U)
0
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES .2
0
0
4-
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0
Liability policies are Occurrence Claims Made
0
Insurance Agency Signature
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Page 29 of 49
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C.29.e
LOCAL PREFERENCE FORM
U)
A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No.
004-2015, must complete this form.
Name of Bidder/Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector 2
dated at least one (1) year prior to the notice of request for proposals? (Please furnish
copy.)
0
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered to Monroe County? U)
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for proposals.)
0
List Address: 2
0
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
U)
If yes, please provide: '
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor
dated at least one (1)year prior to the notice or request for proposals.
2. Subcontractor's physical business address within Monroe County from which the subcontractor '
U)
operates: U)
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one year prior to the notice of request for bids or proposals)
Tel. Number
Address
C)
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder U)
STATE OF
COUNTY OF
a
On this day of 20 , before me, the undersigned notary public,
personally appeared known to me to be the person whose name is
subscribed above or who produced as identification, and acknowledged that
he/she is the person who executed the above Local Preference Form for the purposes therein contained.
U)
My commission expires: '
42
Print Name CL
(SEAL)
Page 30 of 49
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C.29.e
PUBLIC ENTITY CRIME STATEMENT 0
U)
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a
contract with any public entity, and may not transact business with any public entity in excess of the 0-
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period
of thirty-six(36) months from the date of being placed on the convicted vendor list." 0
4-
r_
I have read the above and state that neither 2
U)
(Contractor/Respondent's name) nor any Affiliate has been placed on the convicted vendor list U)
within the last thirty-six(36) months.
to
0
(Signature)
Date:
STATE OF:
COUNTY OF:
0
Subscribed and sworn to (or affirmed)before me on the day of
2017 by (name of affiant). He/She is personally known to 0
me or has produced (type of identification) 0
as identification. 0
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NOTARY PUBLIC
0
to
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My Commission Expires:
(SEAL)
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2
0.
Page 31 of 49
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C.29.e
SECTION THREE 0
LEASE AGREEMENT
FOR HIGGS BEACH CONCESSION
THIS LEASE AGREEMENT is made and entered into on the day of
2018, by and between MONROE COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "County" or "Lessor", whose address is 1100 E
Simonton Street, Key West, Florida 33040, and hereinafter referred
to as "Lessee" or"Tenant", whose address is .2
WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach Park, 0
hereafter "Higgs Beach", that has space(s) available for mobile concessions; and a�
0
WHEREAS, County advertised via the competitive solicitation process a Request for
Proposals ("RFP") for Mobile Retail Merchandise or Service Concession at Higgs Beach,
through which Lessee was deemed the highest ranked responsive, conforming proposer;
WHEREAS, Lessor desires to grant to Lessee the right to operate a concession(s) at
Higgs Beach at Key West, Florida, and
WHEREAS, the Lessee desires to enter into such a lease and represents to the Lessor that
it is qualified to operate a concession(s) and has the financial resources to undertake such an
0
operation;
c�
NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants 0
and promises hereinafter contained, the parties do hereby agree as follows:
1. Premises. Lessor hereby leases to Lessee the area identified and shown on Exhibit
"A", hereafter the"Premises", for use as a Concession. Exhibit "A"is attached to this agreement
and incorporated by reference. The mobile retail concession operation shall be located at least
fifty (50) feet away from other concessions located at Higgs Beach.
a
2. Lease Documents. The lease documents, of which this agreement is a part, consists
of the lease documents, which are as follows: This agreement and any amendments executed by
the parties hereafter, together with the RFP and any addenda, the response to the RFP and all
required insurance documentation. In the event of a discrepancy between the documents,
precedence shall be determined by the order of the documents as just listed. °0
0.
Page 32 of 49
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C.29.e
0
3. Regulations.
0
(a)The Lessee shall provide a list of all merchandise it intends to sell and services to
be provided with pricing. The County reserves the right to reject any items or services it finds 2
inappropriate, objectionable, or not in the best interests of the County. Lessee is permitted to
employ entertainment in the form of a tape/CD, lPod, or intereet sound system. Other forms of
entertainment may be permitted with the written consent of the Director of Facilities 0-
Maintenance or his designee. Where permitted, no sound source shall be permitted that is so E
loud that it emanates outside of the Lessee's concession space. Lessee will be responsible for
obtaining any and all licenses or necessary authorizations to utilize such means of entertainment
as set forth herein, if applicable, and indemnify the Lessor for any claims or violations thereto.
0
(b) The Lessee must comply with all the applicable requirements of the statutes,
rules, ordinances, regulations, orders, and policies of the federal, state, county, and city
governments either in effect on the effective date of this Lease or later adopted.
(c) Lessee shall be required to obtain Monroe County and City of Key West
Occupational Licenses before beginning operations. Lessee shall also be responsible for
obtaining any additional licenses which may be required by Lessee's operations at Higgs Beach
before beginning operations. A copy of all licenses must be provided to the County's contract
manager within fifteen (15) days of contract award.
4. Term. This Lease Agreement shall commence on the day of
2018, and will terminate on the day of 2020, unless terminated earlier under
another paragraph of this agreement. This Lease may be renewed, at the County's discretion, for
three (3) additional two (2) year terms upon written request by the Lessee, provided at least 0
sixty (60) days prior to termination of the Lease or any renewal thereof.
c�
5. Rental and Fees.'
(a) RENT: Lessee agrees to pay Lessor rent in the amount of $ per
month, for retail merchandise or service concession space as shown on Exhibit "A". Rental
payments are due by the 1st day of the month for which the rent is due and;
a�
(b) PERCENTAGE (%) GROSS TAXABLE SALES: In addition to the monthly
rental payment, Lessee agrees to pay Lessor % of the annual gross taxable sales or
a guaranteed minimum annual fee of $ whichever is greater, generated by
Lessee's operation of the retail concession space as shown on Exhibit "A". Annual gross
revenues are determined on a calendar year basis. A calendar year shall run from January 0
1st through December 31st inclusive. Payment of charges under this subparagraph shall be U-
made in monthly installments. A statement, including proof of monthly revenue and a log
documenting days and hours of operation, shall be provided by the Lessee to the Lessor each
month. Lessee shall remit the greater amount of either % of gross taxable sales or
Page 33 of 49
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C.29.e
1/12 of the annual guaranteed minimum ($ ) monthly on an arrears basis. Payment
shall be made no later than the 25th day of the month payment is due, i.e. January payment
0
by February 25, February by March 25, etc. The Lessee must provide the County with the
sales tax records for each month or quarter depending on filing requirements and remit the 2
difference.
(c) An annual rental payment adjustment shall be made in accordance with the 0-
percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the prior E
0
calendar year ending on December 31st. The increase will take effect on the anniversary month
of the month when the operation opened for business. In the event of a deflationary CPI-U, no 2
adjustment in the lease amount will be made. All payments should be made payable to the
Monroe County BOCC and directed to the Facilities Maintenance Contract Monitor, 1100
Simonton Street, 2nd Floor, Room 2-216, Key West, FL 33040.
0
(d) No rent payments are due under this agreement until the operation is open for
business. If the operation opens on a date other than the first of the month, then the rent charge
will be prorated as a percentage that the number of days in the month that the operation was in
business represents to the month as a whole.
e
(e) Lessee must open the operation for business within fifteen (15) days of the
effective date of this Agreement.
(f) Lessee shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public 0
records purposes during the term of the Agreement and for four (4) years following the
termination of this Agreement. An annual operating statement prepared by a C.P.A. must be
provided to the Lessor on or before February 28 of the following year.
a�
(g) The Lessee must pay all assessments, taxes, including sales taxes, levied by any
governmental body with the power to impose assessments or taxes. The Lessee must provide the
County with the sales tax records for each month or quarter depending on filing requirements as
set forth in Paragraph 5(b)herein.
(h) The Lessee must provide all items and equipment needed for the operation
including, but not limited to: vehicle and/or mobile cart, shelving, display cases, tables, chairs,
refrigeration units, etc. Lessee's items and equipment must be removed from the Premises at the 0
end of each day or secured in a location within Lessee's concession space, as agreed upon with U-
the Lessor, in such a manner as to not interfere with any daily beach cleaning operations.
a�
Page 34 of 49
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C.29.e
(i) Notwithstanding anything set forth in paragraph 11 of this agreement, if the 0
Lessee fails to pay any rents or fees due under this lease within fifteen (15) days after the Lessor �
0
notifies the Lessee in writing that the rent or charge is overdue, then the Lessor may, in its
discretion either immediately or later, expel the Lessee and any persons claiming the premises
by or through the Lessee, and remove any of the Lessee's effects without being guilty of trespass
and without prejudice or waiver to any other available remedy the Lessor might have for the
recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease 0-
will terminate. However, the Lessee's obligation to pay the rent or charges due will survive the E
termination. Overdue rent and charges will accrue interest beginning on the 16th day after the
Lessee was notified in writing by the Lessor that the renter charges were overdue. The interest
rate will be that established by the Comptroller under Sec. 55.03, F.S., for the year in which the
rent or charge first became overdue.
6. Force Maieure. Neither party shall be liable for any failure or delay in the
performance of its obligations under the Lease Agreement to the extent such failure or
delay necessarily results from the occurrence of a Force Majeure Event beyond the control or
reasonable anticipation of either party, including, but not limited to, compliance with any
unanticipated government law or regulation not otherwise in effect at the time of execution of
LM
this Agreement, acts of God, unforeseeable governmental acts or omissions, fires, strikes, natural
a�
disasters, wars, riots, transportation problems, and/or any other unforeseeable cause whatsoever
beyond the reasonable control of the parties (and such cause being referred to as a "Force
Majeure Event"). Accordingly, the parties further agree that: LLM
(a) Upon the occurrence of Force Majeure Event, the non-performing party shall be
excused from any further performance of those obligations under this Agreement that are
affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and 0
(b) the non-performing party continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay.
c�
(b) Upon the occurrence of a Force Majeure Event, the non-performing party shall
notify the other party of the occurrence of such event and describe in reasonable detail the
effect(s) of such event upon the party's performance of its obligations and duties pursuant to this 2
Agreement. Such notice shall be delivered or otherwise communicated to the other party within
two (2) business days following the failure or delay caused by the Force Majeure Event, or as
soon as possible after such failure or delay if the Force Majeure Event precludes the non-
performing party from providing notice within such time period.
E
(c) In the event of a Force Majeure Event, the time for performance by the parties 0
under the applicable statement of work shall be extended for a period of time equal to the time U_
lost by reason of such cause through execution of an amendment pursuant to the terms of the
a�
Agreement. E
Page 35 of 49
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C.29.e
7. Back2round Checks/Personnel. Lessee's employees must consent to Level 1 0
background checks and the results are to be provided to the County. The County reserves the 0
0
right to refuse personnel based on results of the background check. The County reserves the
right to demand of the Lessee replacement of an employee for the Lessee if a conflict or problem
with that employee should arise. The County's Facilities Maintenance Director or his assignee
shall have the right to require any employee(s) of the Lessee to be permanently removed from
the Higgs Beach premises whenever it appears to be in the best interest of the County. It is the 0-
responsibility of the Lessee to inform the Facilities Director or his assignee of all new hires and E
0
the results of the background check.
(a) The Lessee will be responsible for the supervision, hiring, and firing of their own
employees and shall be solely responsible for the pay, worker's compensation insurance, and
benefits.
a�
0
(b) Communication between the County Representative and the concession personnel
is very important. Therefore, the Lessee must assure that at least one (1) concession personnel
can communicate well with the County Representative. Any employee hired by the Lessee will
be the Lessee's employee and in no way has any association with the County. The Lessee shall
insure that its employees are trained in all appropriate safety regulations, and comply with all
such applicable laws and regulations and comply with all other local, State, and Federal
a�
regulations. �
0
(c) Uniforms are preferred for concession personnel however; photo identification
cards are required, which shall clearly identify personnel as employees of the Lessee. This
requirement shall apply upon entering County property and at all times while on duty.
0
(d) Contractor/Respondent further agrees to notify the County immediately upon �-
becoming aware that one of its employees, who previously completed the background check, is
subsequently arrested or convicted of any crime. Failure by Contractor/Respondent to notify
County of such arrest or conviction within forty-eight (48) hours of being put on notice by the
employee and/or within five (5) days of its occurrence shall constitute grounds for immediate
termination of this Lease by County. The parties further agree that failure by
Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a
material breach of the contract entitling County to terminate this contract immediately with no
further responsibility to make payment or perform any other duties described herein.
8. Hours of Operation. The Lessee agrees to furnish good, prompt and efficient service
and/or merchandise to meet all demands for concession service at Higgs Beach. Lessee shall 0
offer quality products at competitive prices at least consistent with similar goods and services 0.
presently being offered locally in other local facilities. All pricing for all goods and services are
to be posted and visible for all customers. The operation must be open for service 363 days per a
year and will operate from 10:00 a.m. to sunset, as a minimum, with closing for Thanksgiving
Page 36 of 49
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C.29.e
day and Christmas day optional. The hours can be revised by mutual consent. For purposes of 0
setting up the concession in the morning and closing the concession in the evening, Lessee may 0
0
arrive one half hour prior to, and depart no later than one half hour after, the hours of operation.
The concession must be roadworthy to meet any FEMA requirements for evacuation from the 2
park and, if necessary,properly registered and licensed for over the road use.
9. Use and Conditions. 0-
(a) The Lessee must provide an adequate number of covered metal or commercial
outdoor plastic waste containers at its operation. Lessee shall provide separate containers for
waste and for recyclables. Lessee must deposit all trash, waste, and recyclables in those
containers for proper disposition of the waste and recyclables at the place designated by the
Lessor.
0
(b) No signs, advertising, or awnings may be erected by the Lessee, unless they are
approved by the Director of Facilities Maintenance or his designee in writing.
(c) The concession stand will not have commercial lighting of any type, including
signage.
(d) Smoking shall be prohibited by all concessionaire employees within fifty (50) feet
of each concession location.
(e) If the Lessee chooses to install a security alarm system, it will be of the non-
audible type, and approved in writing by the County Administrator or his designee.
0
(f) The rental or selling of fishing equipment will not be permitted.
0
(g) As a protection, Monroe County takes many precautions to preserve the beaches �-
and natural environment. The County commits to protecting Sea Turtles, other coastal wildlife
and their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea
turtle conservation groups during turtle nesting season, April 15 through October 31, when Save-
a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is
important that the Lessee understand these environmental regulations.
(h) The Lessee is responsible for the sole costs and expenses and any maintenance of
the Lessee's operation, including any utilities required for its operation and the equipment used
by Lessee and/or offered for rental. All accessories and equipment applicable to Lessee's
concession operation (tables, canopies, chairs, etc.) shall be clean and in good working condition
at all times. All rental equipment shall meet strict safety standards, and equipment which is ,
broken, or a potential safety risk, shall be removed immediately. The Lessee will be responsible
for insuring equipment is safe and meets all regulated safety requirements. Facilities
Maintenance Director or Assignee reserves the right to remove equipment from the beach at any
time if it does not meet minimum service or appearance standards.
Page 37 of 49
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C.29.e
0
10. Lessor's Termination. Except as otherwise provided herein, the Lessor may
0
cancel this agreement when, after giving the Lessee thirty (30) days' written notice that an act of
default has occurred, the Lessee fails or cannot cure the following: 2
(a) The appointment of a receiver of the Lessee's assets.
(b) The divestiture of the Lessee's interest in the lease by court order or other
operation of law. 0-
(c) The Lessee's abandonment of the operation. Failure to open the operation and E
keep it open during the business hours described in this agreement for seven (7) consecutive days
shall constitute abandonment. 2
(d) The failure of the Lessee to timely perform any of the obligations required of it
under this agreement.
No waiver of default by the Lessor of any of the obligations required of the Lessee under
this agreement may be construed as a waiver of any subsequent default of any of the obligations
that are required to be performed, kept or observed by the Lessee. The Lessor's waiver of an act
of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement
because of the Lessee's failure to subsequently perform an obligation or obligations under this
0
Lease Agreement.
a�
c�
11. Lessee's Termination. If the Lessee is not in default of its obligation to pay the
rent and the charges, then the Lessee may cancel this agreement when, after giving the Lessor
thirty (30) days written notice of an act of default, the Lessor fails or cannot cure, or fails to
timely perform, the obligations required of it under this Lease Agreement. 0
12. Insurance. Before entering the Premises, the Lessee must obtain insurance in
the amounts and according to the conditions described as follows:
(a) The Lessee will be responsible for all necessary insurance coverage which
includes, at a minimum:
Worker's Compensation - $100,000 Bodily Injury by Accident; 0
$500,000 Bodily Injury by Disease, policy limits;
$100,000 Bodily Injury by Disease, each employee a
Vehicle Liability - $300,000 combined single limit
General Liability - $300,000 combined single limit
c�
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after
award of proposal, with Monroe County BOCC listed as an additional insured on all policies,
except Workers Compensation. If the proper insurance forms are not received within the fifteen 0.
U-
(15) days, the proposal may be awarded to the next selected respondent. All forms of insurance
required above shall be from insurers acceptable to the County. Lessee cannot begin operating
until Certificates of Insurance have been received by the County. The Lessor, at its sole option,
has the right to request a certified copy of any or all insurance policies required by this Lease.
Page 38 of 49
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C.29.e
All insurance policies must specify that they are not subject to cancellation, non-renewal, 0
material change, or reduction in coverage unless a minimum of thirty (30) days' prior �
0
notification is given to the County by the insurer.
(b) The Lessee must keep in full force and effect the insurance described during the
term of this agreement. If the insurance policies originally purchased that meet the requirements
are canceled, terminated, or reduced in coverage, then the Lessee must immediately substitute 0-
complying policies so that no gap in coverage occurs. Copies of current policy certificates shall E
be filed with the Monroe County Risk Department or the Facilities Contract Manager, as
appropriate, whenever acquired, amended, and annually during the term of this Lease.
c�
(c) The insurance required of the Lessee in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not,
however, for the protection of any specific member of the general public who might be injured
because of an act or omission of the Lessee. The insurance requirements of this paragraph do not
make any specific injured member of the general public a third party beneficiary under this
agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Lessee if
the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to
any specific member of the general public and cannot form the basis of any County liability to a
a�
specific member of the general public or his/her dependents, or estate, or heirs.
a�
(d) Notwithstanding anything set forth in paragraph 11 of this agreement, the Lessor
may treat the Lessee in default if the Lessee, after entering the premises but before beginning its
operation, does not have the insurance required by subparagraph 12(a). Before the County may
terminate the agreement in this situation, the County must give the Lessee a written notice of the
default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's 0
receipt of notice, then the County will cancel this agreement. The County may treat the Lessee
in default and cancel this agreement if the Lessee, after starting the operation, fails to keep in full
force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in
default and terminating the agreement in this situation, the County need only provide the Lessee
24-hour notice by E-Mail or overnight courier. The County may, but need not, provide Lessee
with an opportunity to cure the default.
a�
13. Non-Exclusive Rights. Notwithstanding anything herein contained that may be,
or appear to be, to the contrary, it is expressly understood and agreed that the rights granted
under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar
privileges to another Lessee or other Lessees on other parts of Higgs Beach.
0
0.
14. Rights Upon Termination. At the end of this agreement (or any renewal), the
Lessee's right to the Premises, the use of Higgs Beach facilities, and any other right or privilege
granted under this agreement ceases. All equipment, improvements, furnishings, and other W
property of the Lessee at the Premises are personal to the Lessee and remain the property of the
Page 39 of 49
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C.29.e
Lessee and must be removed by him/her. The Lessee must also restore the Premise to its original 0
condition, ordinary wear and tear and damage by causes beyond the control of the Lessee, 0
0
excepted.
15. County's Right of Entry. Lessor reserves the right hereunder to enter upon the
Premises at any reasonable time, with advance notice, for any purpose connected with the
performance of the Lessor's obligations under this agreement or in the exercise of its 0-
governmental functions. E
0
16. Assignment. The Lessee may not assign this agreement, or any part of it, or 2
sublease the Premises, or any portion of the Premises, without the written approval of the Lessor.
The change of the Lessee's status from an individual to a partnership or corporation is an
assignment under this paragraph requiring the Lessor's approval. If the Lessee is approved to do
business in the corporate form, any assignment of a controlling interest in the corporate stock is
also an assignment under this paragraph that requires the Lessor's approval. All the obligations
of this agreement will extend to the legal representatives, successors, and assigns of the Lessee
a�
and Lessor.
17. Indemnification/Hold Harmless/Defense. The Lessee covenants and agrees to
defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its
elected and appointed officers, officials, agents, servants, and employees from any and all
claims, demands, or causes of action for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other losses, damages,
costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with,
0
or by reason of the Lessee utilizing the property governed by this lease/rental agreement. The
extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
18. Nondiscrimination. Lessee agrees 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 a
any further action on the part of any party, effective the date of the Court order. Lessor and
Lessee 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 prohibits 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 ss. 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 s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 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 °0
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, ss. 523 and 527 (42 USC ss. 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
Page 40 of 49
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1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or 0
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), �
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 14, Article 11, which prohibits discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Lease. .2
0
19. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be
0
placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the
sole responsibility of the Lessee or its officer, employee, agent, contractor, or other 2
representative causing the lien to be filed to discharge the lien and to hold harmless and defend a
Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the 0
liens authorized in Chap. 713, Fla. Stat. does not apply to the Lessor.
0
20. Records —Access and Audits. The Lessee shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied and maintain such records for a period of
four (4) years after termination of this Lease. The Lessor, its officers, employees, agents, and
contractors shall have access to the Lessee's books, records, and documents related to this Lease
upon request. The access to the inspection of such books, records, and documents by the Lessor
shall occur at any reasonable time.
21. Relationship of Parties. The Lessee is, and shall be an independent contractor and
not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and
0
supervision over the means and manner that its employees, agents, or volunteers perform the
work for which purpose this Lease is entered. The Lessee shall have no authority whatsoever to 0
act on behalf and/or as agent for the Lessor in any promise, lease, or representation other than
specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any
negligence on the part of the Lessee, its employees, agents, or volunteers resulting in either
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bodily or personal injury or property damage to any individual,property, or corporation.
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22. Subordination. This Lease is subordinate to the laws and regulations of the United
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States, the State of Florida, and Monroe County, whether in effect on commencement of this
Lease or adopted after that date.
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23. Premises to be Used for Lawful Purposes. 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 leasehold property, nor any portion thereof, for purposes calculated to injure the 0
reputation of the leasehold property or of the neighboring property, nor for any purpose or use in U-
violation of the laws of the United States, or of the State of Florida, or of the Ordinances of
Monroe County, Florida, or the City of Key West, Florida. Lessee will keep and save the Lessor
forever harmless from any penalty or damage or charges imposed for any violation of any of said
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laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep 0
harmless the Lessor against and from any loss, cost, damage, and expense arising out of any �
0
accident or other occurrence, causing injury to any person or property whomsoever or
whatsoever, and due directly or indirectly to the use of the leasehold Premises or any part thereof 2
by Lessee.
24. Limitation of Lessor's Liability. It is further agreed that in no case shall the 0-
Lessor herein be liable, under any express or implied covenants in the Lease, for any damages E
whatsoever to the Lessee beyond the rent reserved by the Lese 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, said Lessee shall not be
required to pay rent under this Lease while it is so deprived of said property, and that said Lessor
shall not incur any liability as a result of such ouster.
25. No Waiver of Breach. 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.
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26. Severability. If any term, covenant, condition, or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original 0
intent of this Agreement. Lessor and Lessee agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
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27. Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal
representatives, successors, and assigns.
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28. Authority. Each party represents and warrants to the other that the execution,
delivery, and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
0
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29. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be W
approved by each party prior to submission.
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0
30. Adiudication of Disputes or Disagreements. Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
0
31. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this ,0
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Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. Lessor and Lessee specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
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related to this Agreement.
0
32. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and the only interest of each is to perform and receive
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benefits as recited in this Agreement.
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33. Code of Ethics. County agrees that officers and employees of the County recognize aJ
and will be required to comply with the standards of conduct for public officers and employees LM
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of 0
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
0
34. No Solicitation/Payment. Lessor and Lessee warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working 0
solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this
provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount
of such fee, commission,percentage, gift, or consideration.
35. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, ,0
and inspection of, all documents, papers, letters or other materials in its possession or under its U-
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to
unilaterally cancel this Lease upon violation of this provision by Lessee.
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0
36. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
0
Statues, the participation of the Lessor and the Lessee in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the Lessor be required to contain any provision
for waiver. 0-
37. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the Lessor, when performing their respective functions under
this Agreement within the territorial limits of the Lessor, shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the Lessor.
38. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida
Constitution, State Statute, and case law.
39. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the 0
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and
Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
40. Attestations. Lessee agrees to execute such documents as the Lessor may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
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0
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41. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe
County in his or her individual capacity, and no member, officer, agent, or employee of Monroe W
Page 44 of 49
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C.29.e
County shall be liable personally on this Agreement or be subject to any personal liability or 0
accountability by reason of the execution of this Agreement.
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42. Execution in Counterparts. This Agreement may be executed in any number of 2
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counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart. 0-
43. Other Use. Lessee shall not use or permit the use of the Premises or any part
thereof for any purpose or use other than an authorized by this Agreement.
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44. Paragraph Headings. Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any paragraph.
0
45. Notices. Any notice or other communication from either party to the other
pursuant to this Agreement shall be sent by United States Mail, certified return receipt requested,
or by courier with proof of delivery. The place of giving Notice shall remain the same as set
forth herein until changed in writing in the manner provided in this paragraph. Notice shall be
sent to the following addresses:
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For Lessor: For Lessee:
Monroe County
Public Works Facilities Contract Monitor
1100 Simonton St.
0
2nd Floor, Room 2-216
Key West, FL. 33040 0
And
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Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
46. Rights Reserved. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
47. Governing Law, Venue, Interpretation. This Agreement shall be governed by 0
and construed in accordance with the laws of the State of Florida applicable to contracts made 0.
and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Lease Agreement, the Lessor a
Page 45 of 49
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C.29.e
and Lessee agree that venue will lie in the appropriate court or before the appropriate 0
administrative body in Monroe County, Florida.
0
The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
48. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any 0-
cause of action or administrative proceeding is initiated or defended by any party relative to the E
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award 2
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
49. Mutual Review. This Agreement has been carefully reviewed by the Lessee and
the Lessor. Therefore, this Agreement is not to be construed against either party on the basis of
authorship.
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50. Entire Agreement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of
County Commissioners, and signed by both parties before it becomes effective.
51. Final Understanding. This Agreement is the parties' final mutual understanding. 0
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement.
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Page 46 of 49
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C.29.e
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IN WITNESS WHEREOF, each party has caused this agreement to be executed by a
duly authorized representative.
LESSOR:
(SEAL) BOARD OF COUNTY COMMISSIONERS
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ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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By: By
Deputy Clerk Mayor/Chairman
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Witnesses for LESSEE:
LESSEE:
Signature of person authorized to
Signature legally bind Corporation
Date:
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Print Name Date Print Name Title
Address:
Signature
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Telephone Number 0
Print Name Date a
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Page 47 of 49
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