Item C38 C.38
t, 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
August 21, 2019
Agenda Item Number: C.38
Agenda Item Summary #5933
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
none
AGENDA ITEM WORDING: Approval of a Third Lease Agreement Amendment for 1000
Atlantic Boulevard, LLC (Salute Restaurant) for a 1.9% CPI-U adjustment of the monthly rent and a
Use Tax Credit.
ITEM BACKGROUND: The original Lease, as amended, provides for an automatic CPI-U
adjustment annually. The most recent CPI-U adjustment rate is 1.9% as of December 31, 2018. The
Lease also provides that the Lessee should pay a monthly use tax fee. Lessee has already paid 7.5%
use tax in its recent monthly rental payments. The use tax rate for October 2018 through December
2018 should have been 7.3%, and the January 2019 until present rate should have been 7.2%.
Lessee, therefore, has made an overpayment on the use tax fee. The overpayment amount of
$184.31 will be applied to a future monthly use tax payment. This Third Amendment, therefore,
provides for an adjustment in the monthly rental rate based on the CPI-U change and allows for the
change in the use tax rate. The next monthly rental fee, which includes rent, maintenance fee, and
use tax will be $9,001.28 beginning August 12, 2019.
PREVIOUS RELEVANT BOCC ACTION:
May 21, 2008 BOCC approved Original Lease with Key West Hospitality, LLC.
October 15, 2008 BOCC approved a Consent and Assignment of Lease from Key West
Hospitality, LLC to 1000 Atlantic Boulevard, LLC.
October 20, 2010 BOCC approved a Lease Extension Agreement extending the Term for ten
(10)years with a termination date of August 11, 2023.
September 21, 2016 BOCC approved a First Lease Agreement Amendment with an increase to the
Lessee's leasehold Premises by including in the Premises a previously
excluded 115 square feet of storage area for the Higgs Beach restaurant
(Salute) concession.
September 19, 2018 BOCC approved a Second Lease Agreement Amendment to abate one (1)
month rent due to Hurricane Irma.
CONTRACT/AGREEMENT CHANGES:
Packet Pg. 951
C.38
CPI-U Adjustment and Use Tax Credit for Salute at Higgs Beach
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Third Lease Agreement Amendment (legal stamped)
Second Lease Agreement Amendment 09/19/2018
9/11/18 Letter to Commissioners requesting 2 months rent abatement
Salute First Lease Agreement Amendment(9-21-16)
SaluteLease Extension 102010 (executed)
10152008 Consent to Assignment of Lease
05212008 Lease Agreement
FINANCIAL IMPACT:
Effective Date: 08/12/2019
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Credit on future use tax in the amount of$184.31
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: CPI-U adjustment of 1.9% and Use Tax Credit of$184.31
N/A
REVIEWED BY:
Patricia Eables Completed 08/06/2019 4:49 PM
Kevin Wilson Completed 08/06/2019 4:58 PM
William DeSantis Completed 08/06/2019 4:59 PM
Maria Slavik Completed 08/06/2019 5:40 PM
Budget and Finance Completed 08/07/2019 8:02 AM
Kathy Peters Completed 08/07/2019 8:35 AM
Board of County Commissioners Pending 08/21/2019 9:00 AM
Packet Pg. 952
C.38.a
THIRD LEASE AGREEMENT AMENDMENT
HIGGS BEACH CONCESSIONIRESTAURANT
THIS THIRD LEASE AGREEMENT AMENDMENT is made and entered into on
this 21st day of August, 2019, by and between Monroe County,, a political subdivision of the
State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040
("County" or "Lessor") and 1000 Atlantic Boulevard, LLC, a Florida Limited Liability
Company, whose mailing address is 729 Thomas Street, Key West, Florida 33040 ("Tenant" or
"Lessee").
WHEREAS, on May 21, 2008, the County and Key West Hospitality, LLC, the
predecessor in interest, entered into a Lease Agreement with a five (5) year term, which Lease
included a Revised Exhibit "A" dated June 11, 1998, identifying the leased Premises ("Lease");
and
WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its
rights, title and interest in the Lease, to 1000 Atlantic Boulevard, LLC, pursuant to an Agreement
for Purchase and Sale of Assets dated September 28, 2008 ("Assignment"); and
WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to
Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard,
LLC ("Tenant" or"Lessee"); and
WHEREAS, the parties hereto did on October, 20, 2010, enter into a Lease Extension
Agreement extending the Term for ten (10) years with a termination date of August 11, 2023 U)
("Extension"); and
WHEREAS, the parties hereto did on September 21, 2016, enter into a First Lease
Agreement Amendment which increased the Lessee's leasehold Premises by including in the E
Premises a previously excluded 115 square feet of storage area that had previously been Ieased to
another entity, Tropical Watersports; and
WHEREAS, the parties hereto did on September 19, 2018, enter into a Second Lease
Agreement Amendment to abate the total monthly rental payment for September 2017 in the
amount of Eight Thousand Six Hundred Seventy-one and 81/100 ($8,671.81) Dollars due to the
closure of Higgs Beach as a result of Hurricane Irma damage. This total rent abatement amount
was applied as a credit towards the future monthly rental payment due by Lessee; and
WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly
maintenance fee will be adjusted annually by a percentage equal to the increase in the Consumer
Price Index for all Urban Consumers ("CPI-U") for the calendar year immediately preceding the
anniversary date of the lease term; and
WHEREAS, the parties hereto have agreed to make the annual CPI-U adjustment of
1.90,�o percentage for the calendar year ending December 31,, 2018, and to clarify that the
applicable use tax rate may change in the future;, and
WHEREAS, the parties have found the Lease to be mutually beneficial; and
WHEREAS, both parties desire to amend the Lease,
1
C.38.a
NOW THEREFORE, in consideration of the mutual promises, covenants, and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties agree as follows:
Section 1. Paragraph 4, Rent Maintenance Fee Tax of the Lease, as amended, is
hereby amended to read as follows:
4. Rent Maintenance Fee Tax. The total monthly rental payment (hereinafter
collectively known as "Rent"), shall include rent, applicable use tax, and a maintenance
fee to include the cost of the Lessor providing janitorial services and the opening and
closing of the public restrooms. The Rent for the Premises is $9,001.28 per month,
beginning on August 12, 2019, and thereafter payable in advance on or before the first
business day of each and every month. The monthly Rent and Maintenance Fee will be
adjusted annually beginning with the first anniversary of the commencement of the lease
tern, and at every anniversary thereafter, by a percentage equal to the increase in the
Consumer Price Index for all urban consumers ("CPI-U") for the calendar year
immediately preceding the anniversary date.
Monthly Rent: $6,955.36
Monthly Maintenance Fee: $1,545.13
Monthly Applicable Use Tax: $ 500.79*
TOTAL Rent: $9,00I.28
(*Current use tax rate as of 01/01/2019: 7.2% subject to change) U)
Section 2. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, the total monthly
rental payment, known as "Rent" shall include the applicable use tax in the percentage amount �
set forth herein. Any overpayments may be applied as a credit towards the future monthly rental E
payment due by Lessee. The applicable use tax rate may change periodically, and if so, the Rent
amount due shall be adjusted accordingly.
Section 3. In all other respects the terms and conditions of the Lease, as amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS E
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By:... ..... .._. .. .._ _...__. .._.. ......� ........ y:............ . _ .. ....
Deputy/Clerk Mayor/Chairperson
MONROE COUNTY A 'S OFFICE
VED A5
PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
C.38.a
WITNESSES: 1000 ATLANTIC BOULEVARD, LLC
A Florida Limited Liability Company
By: ................ .................., ...............................
Signature Title: Managing Partner co
Print Name Date
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_.------ Print Name Date
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Kevin Madok, CPA
Clerk of the Circuit Court& Com troller— Monroe Count Florida
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DATE: October 26, 2018
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TO: Alice Steryou
Contract Monitor U)
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FROM: Pamela G. Hancock, D.C.
as
SUBJECT: September 19' BOCC Meeting
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Attached is an electronic copy of Item C11, Second Amendment to Agreement to abate
the rent for September 2017 for 1000 Atlantic Boulevard, LLC (Salute Restaurant) due to the E
closure of Higgs Beach from Hurricane Irma in amount of$8,671.81, for your handling.
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Should you have any questions,please feel free to contact me at ext. 3550. Thank you. 'a
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cc: Facilities Supenisor 4)
County Attorney
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Finance
File 0
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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 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 956
SECOND LEASE AGREEMENT AMENDMENT
HIGGS BEACH CONCESSION/RESTAURANT
THIS SECOND LEASE AGREEMENT AMENDMENT is made and entered into on
this 19th day of September, 2018, by and between Monroe County, a political subdivision of the
State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040
("County" or "Lessor") and 1000 Atlantic Boulevard, LLC, a Florida Limited Liability
Company, whose mailing address is 729 Thomas Street, Key West, Florida 33040 ("Tenant" or
"Lessee"). U)
CD
WHEREAS, on May 21, 2008, the County and Key West Hospitality, LLC, the
predecessor in interest, entered into a Lease Agreement with a five (5) year term, which Lease
included a Revised Exhibit "A" dated June 11, 1998, identifying the leased Premises ("Lease");
and (s
WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its
rights,title, and interest in the Lease to 1000 Atlantic Boulevard, LLC, pursuant to an Agreement
for Purchase and Sale of Assets dated September 28, 2008 ("Assignment"); and
WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to
Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard,
LLC ("Tenant" or"Lessee"); and 00
WHEREAS, the parties hereto did on October, 20, 2010, enter into a Lease Extension
Agreement extending the Term for ten (10) years with a termination date of August 11, 2023
("Extension"); and
WHEREAS, the parties hereto did on September 19, 2016, enter into a First Lease
Agreement Amendment which increased the Lessee's leasehold Premises by including in the
Premises a previously excluded 115 square feet of storage area that had previously been leased
to another entity, Tropical Watersports; and
WHEREAS, the Lessee has requested and the County has agreed to abate Lessee's
monthly rental payment for September 2017 due to Hurricane Irma closures; and
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WHEREAS,the parties have found the Lease to be mutually beneficial; and
WHEREAS, both parties desire to amend the Lease, 0
NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants, and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties agree as follows:
Section 1. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, Lessee
paid Eight Thousand Six Hundred Seventy-one and 81/100 ($8,671.81) Dollars per month,
effective as of August 12, 2017, for rent, applicable tax, and a maintenance fee, which included
the cost of the Lessor providing janitorial services and the opening and closing of the public
restrooms. The County agrees to abate the total monthly rental payment for September 2017 in
the amount of Eight Thousand Six Hundred Seventy-one and 81/100 ($8,671.81) Dollars due to
1
Packet Pg. 957
the closure of Higgs Beach as a result of Hurricane Irma damage. This total rental abatement
amount set forth herein may be applied as a credit towards the future monthly rental payment due
by Lessee.
Section 2. In all other respects the terms and conditions of the Lease, as amended,
shall remain in full force and effect.
I~I'NESS WHEREOF, the parties hereto have set their hands and seals the,day and
year�first abav ritten.
(S)rAL) �-����ia BOARD OF COUNTY COMMISSIONERS
Atte"st.,.:KEdIN=MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy/Clerk Mayor/Chairperson
WITNESSES: 100 C BOULE ARD, LLC
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By:
Signature
Title: Managing Partner
Print Name Date E
Signature
MONROE COUNTY ATTORNEY'S OFFICE
Print Name Date APP8OV5DAST F R
PA RICIA EABUES
ASSISTANT COUNTY&7TORNEY
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1000ATL-01 CAPWELLC
CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY)
10/16/2018
THIS CERTIFICATE.IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE-AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate.holderIs an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsements.
PRODUCER I CONTACT Linda Regan
Keys Insurance Services a Division of IOA PHONE � FAX �
P.O.Box 600280 (A/c,No,EA): t Lq.No):
Marathon,FL 33050 ED A'ss:Linda.Regan@ioausa.com
I INSURER(S)AFFORDING COVERAGE NAIC# U)
CD
i INSURER A:Tokio Marine Specialty Insurance Company 23850
INSURED INSURER B:
1000 Atlantic Blvd LLC INSURER C:
729 Thomas Street INSURER D:
Key West,FL 33040 --
INSURER E: M
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I TYPE OF INSURANCE ADDL UBR POLICY.NUMBER POLICY EFF POLICY EXPLTR LIMITS
A X I COMMERCIAL GENERAL UABILITY I I EACH OCCURRENCE $ 11000,001
CLAIMS-MADE IX OCCUR X RES10087-00 10/16/2018 10/16/2019 DAMAGE TO RENTED 100,001 a
49�E�(Eass�u�e[15.QL $
MED EXP(Any one parspnl $ 5,001
PERSONAL&ADV INJURY $
1,000,001 00
GEN'L AGGREGATE LIMIT APPLIES_PER: GENERAL AGGREGATE $ 2,000,001
X POLICY:-1 Ypef �LOC PRODUCTS-COMP/OPAGG $ 1,000'001 CN
OTHER: LlgourLiability $" 1,000,00(
AUTOMOBILE LIABILITY ENT
COMBINED SINGLE LIMIT
(Es3��EJ�ent. $ CD
ANY AUTO AptEO) I�K BODILY INJURY Per person)
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OWNED SCHEDULED
AUTOS ONLY AUUTNO.S�//� p f BODILY INJURY(Per aocident)1$
AUTOS ONLY AUTO ONLY BY D P�tOa�R�YtDAMAGE
DATE yes 1 �
UMBRELLA LIAB I I OCCUR �Aiv EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE AGGREGATE
DED RETENTION$ `$
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN T E ER
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(Ivlandat�ory In NHj EXCLUDED? NIA ;�—
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UDESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ rye
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DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace Is required) CJ
The certificate holder Is a named additional insured on the general Ilablity,policy.
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- CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOFi- NOTICE WILL BE DELIVERED IN
ACCORDANCE WRH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Monroe County Board of County Commissioners
1100 Simonton Street rn
ACORD.25(2016103) O 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD Packet Pg. 959
September I 1"', 2018
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Dear Monroe County Board of Commissioners, (n
Thank you for the opportunity to operate Salute at Higgs Beach. Salute would like a credit for
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two months of rent because of Hurricane Inna. We closed Salute on September 7"when mandatory
evacuation was ordered. The Atlantic Blvd. road signs, stayed up until Saturday, October 7". We
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reopened Salute on October V, but there was little business as the road closed signs were up.
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We lost part of our office roof and had water damage and mold in the office which we have repaired.
Note: The Special Olympics Paddle board event on October 15" at Higgs Beach (good for business)
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was moved to Smathers Beach because Higgs Beach was closed.
Further, the beach was full of seaweed for a long period of time.Along with the pier being closed, the
beach attracted fewer visitors than last year up to Christmas.
Thank you for listening to our request. U)
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Sincerely,
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Richard Hatch Suarme Kitchar
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Proprietor Proprietor E
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Packet Pg. 960
C.38.d
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
DATE: October 28, 2016
TO: Doug Sposito, Director
Project Management W
ATTN: Alice Steryou
FROM.• Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller E
At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item S 1 Approval to increase the Lessee's leasehold Premises by including in
the Premises the previously excluded 115 square feet of storage area for the Higgs Beach restaurant
(Salute) concession.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office. U)
cc: County Attorney 0
Finance
File ✓
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
Packet Pg. 961
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C.38.d
FIRST LEASE AGREEMENT AMENDMENT
HIGGS BEACH CONCESSION/RESTAURANT
THIS FIRST LEASE AGREEMENT AMENDMENT is made and entered into on this
day of September, 2016 by and between Monroe County, a political subdivision of the State of Florida,
whose mailing address is 1100 Simonton Street, Key West, FL 33040 ("County" or "Lessor") and 1000
Atlantic Boulevard, LLC, whose mailing address is 729 Thomas Street, Key West, Florida 33040
("Tenant"or"Lessee"). U)
LM
WHEREAS, on May 21, 2008, the County and Key West Hospitality, LLC, the predecessor in
interest, entered into a Lease Agreement with a five (5) year term, which lease included a Revised Exhibit
"A" dated June 11, 1998 identifying the leased Premises, a copy of which is attached hereto and made a
part hereof("Lease"); and
WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its rights,
title and interest in the Lease, to 1000 Atlantic Boulevard, LLC pursuant to an Agreement for Purchase
and Sale of Assets dated September 28,2008 ("Assignment"); and E
WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to Assignment
of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or
"Lessee"); and
WHEREAS, the parties hereto did on October, 20, 2010 enter into a Lease Extension Agreement
extending the Term for ten(10)years with a termination date of August 11,2023 ("Extension"); and
WHEREAS, Lessee has requested the use of an additional 115 square feet of storage area
previously leased to Tropical Watersports; and
WHEREAS, the parties now desire to increase the Lessee's leasehold Premises by including in
the Premises the previously excluded 115 square feet of storage area, which is indicated with "hash
marks" on the Revised Exhibit "A" dated June 11, 1998, a copy of which is attached hereto and made a
part hereof and said storage area will now be included in the Premises as indicated on the HIGGS
BEACH CONCESSION REVISED AUGUST 24th 2016, Exhibit `B",a copy of which is attached hereto
and made a part hereof, and E
WHEREAS,the parties have found the Lease to be mutually beneficial; and
WHEREAS,both parties desire to amend the Lease,
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,
the parties agree as follows:
Section 1. Paragraph 2, Premises, of the Lease is amended to read as follows:
t
2. Premises. County does hereby lease to Tenant, and Tenant does hereby lease from
County a portion of Clarence S. Higgs Memorial Beach, 1000 Atlantic Blvd., Key West, Monroe 0
County, Florida, in it's as is condition. Square footage allocations shall be limited to the interior
and enclosed patio area referenced in Exhibit `B" dated, August 24th 2016, a copy of which is
attached hereto and incorporated herein.
Section 2. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease is amended to read as
follows:
I x
Packet Pg. 962
C.38.d
4. Rent,Maintenance Fee,Tax. The total monthly rental payment (hereinafter collectively
known as "Rent"), shall include rent, applicable tax and a maintenance fee to include the cost of
the Lessor providing janitorial services and the opening and closing of the public restrooms. The
Rent for the Premises is $8,493.45 per month, beginning on October 1, 2016 and thereafter
payable in advance on or before the first business day of each and every month. The monthly
rent and monthly maintenance fee will be adjusted annually beginning with the first anniversary
of the commencement of the lease term, and at every anniversary thereafter, by a percentage
equal to the increase in the Consumer Price Index ("CPI") for all urban consumers ("CPI-U") for
the calendar year immediately preceding the anniversary date.
Monthly Rent: $6 547.78 U)
Monthly Maintenance Fee: $1,454.59 CD
Monthly Applicable tax: 491.08
TOTAL Rent:
$8,493.45
Section 3. In all other respects the terms and conditions of the Lease, as amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS
1 st: Y HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
O ffY) B
epu /Clerk /O L 1(,V Mayor/Chairperson,Hea4 uthefs George 4
ESSES: �� 1000 At nt Boulevard,
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Signature Title: Managing Partner
Print Name
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Print Name r
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This docum was pr ared and approved as to form by: =�
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C. Rene Rogers, E . Date �-
Assistant County Attorney
Florida Bar No.: 0101178
P.O. Box 1026
Key West, FL 33041-1026
(305)292-3470
2
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C.38.d
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EXHIBIT
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C.38.d
HIGGS BEACH CONCESSION
REVISED AUGUST 24TH 2O16
'�}• • �` MONROE COUNTY PROJECT
• OUTSIDE DINING _ MANAGEMENT
-192 SF
Y..urn,
-.�+f'!i Q�lN,'. :'i�x �:•.l.r•;�A'.:•ta.��~•. 888
DINING AREA 387.2 SF�:;: ':.• •..
•�'S'�t;y �"fy.�'r.1.r •,• •• •'�.�•�•�+��!•�;►'v':' aft• a
:�*Y r;i:� t b.'47r•'��..r•ti• ,�e�;. r��'f•.l.:K
DINING AREA 763 SF
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TAKEOUT'
DINING C14
DINING AREA 940 SF —
375.4 SF
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•.� �_ :3a•1:
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KITCHEN AREA 540.8 SF
STORAGE
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MEN WOMAN 15 115 SF O°
177 SF 177 SF ,���: OFFICE 114.6 SF BOCOOLER N
••. 184.6 SF
•.srY 1a•a:ii.
ADDITIONAL 115 SF
TOTAL USABLE SF PREVIOUS: 3,928.3
TOTAL USABLE TO INCLUDE 115 SF OF ADDITIONAL STORAGE:4,043.3 SF
EXHIBIT
P k .ac et P g 965
C.38.e
BOARD OF COUNTY COMM1SSIONERs
Mayor Sy 1via J.Murphy,District 5
i Mayor Pro l ern Heather Carruthers,District 3
COUNTYsvFLORIDAONROE �
�.•rr' Kim Wigingts�n.District I
KEY WEST 33W George Neugent.District
(305)294•4641 Mario Di Gennaro. District 4
Public Works Division
Facilities Maintenance Department
1100 Simonton Street, #3-284
Key West, FL 33040
Phone: (305)292-4549
Fax: (305)295-4349 - U)
November 1.5, 2010
Mr, Richard Hatch,Manager/Member �
1000 Atlantic Boulevard, LLC
729 Thomas Street
Key West, FL 33040
RE. Lease Extension Agreement
Higgs Beach Concession/Restaurant- Salute
x
Dear Richard:
On October 3, 2010, the Monroe County Board of County Commissioners approved a Lease
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Extension Agreement for Salute at Higgs Beach
Enclosed for your use is a fully executed Agreement. If you have any questions, please do not g
hesitate to contact me.
x
Sincerely.
- as
.John W. King
Senior Director. Lower Keys Operations
cc: Dent Pierce, Division Director, Public Works
Beth Leto, Assistant Director, Public Works
0
Packet Pg. 966
C.38.e
LEASE EXTENSION AGREEMENT
HIGGS BEACH CONCESSIONIRESTAURANT
THIS LEASE EXTENSION AGREEMENT is made by and between Monroe County, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
FL 33040, hereafter"County" or"Lessor", and 1000 Atlantic Boulevard, LLC, whose address is
729 Thomas Street, Key West, Fl., 330040 hereafter, "Tenant" or "Lessee" this 20th day of
U)
October, 2010.
WHEREAS, on the 21 st day of May 2008, the County and the predecessor in interest
entered into a Lease agreement (hereafter original lease) for one (5) year term, copy of which is
attached hereto and made a part hereof;and
WHEREAS, the predecessor in interest, Key West Hospitality, LLC assigned all of its
rights,title and interest in the Original Agreement to the Lessee, 1000 Atlantic Boulevard, LLC
pursuant to a contract for sale/purchase of the restaurant, copy of which is attached hereto and
made a part hereof; and
WHEREAS, by the terms of the original lease the Lessee is entitled to an extension of
the lease upon completion of ADA modifications and other capital improvements; and
WHEREAS, the Lessee has completed all of the ADA modifications required in the
original lease; and
WHEREAS, the Lessee has also effected the additional capital improvements separate
and apart from the ADA modifications that entitle the Lessee to an extension; and
c
WHEREAS, Lessee submitted to County staff and County staff reviewed, verified and
inspected all of the additional capital improvements;
0
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NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below,the parries agree as follows:
I. The term of the original lease is hereby extended 10 years and terminates on
August 11, 2023.
2. In all other respects the terms and conditions of the original lease remain in full
force and effect.
3. This lease extension will take effect on October 20, 2010.
t
Packet Pg. 967
C.38.e
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL ` ' BOARD OF COUNTY COMMISSIONERS
ATT T `D1 HAAGE, CLERK OF MONROE COUNTY,FLORIDA
By By
Mayor/Chairperson
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1000 ATLANTIC BOULEVARD, LLC
i�
By ZA1 iel` �
Witnesses Title:
ulCE R 5"t DIE NT
This do cu ent was prepared a a oved as to form by: E
Z /� 16
Pe . e ado, Esq. Date
Assistant unty Attorney
Florida Ear Mica.: 0084050
P.O. Box 1026 X
Key West, FL 33041-1026
(305) 292-3470
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Packet Pg. 968
C.38.e
CERTIFICATE OF LIABILITY INSURANCE 11�4/2'010
PRODUCER (305)743-0494 FAR: (305)743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Rears Insurance Services, Inc. ONLY AND CONFERS NO BIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF
5800 overseas Hwy #43 E AFFORDED BY THE POLICIES BELOW
P.O. Box 500280
Marathon FL 33050-0280 RERS flIVRDING COVERAGE NAIC III
INSURED .-_. ' INSURER A:LLCyds. of �aCinn .
1000 Atlantic Blvd LLC, DBA: Salute Reo :aur4atN!eltlLURERI.r2o'l'§OBZ,itality Mutual Ins Co
729 Thomas S tree t : INSURER C,
Rey West FL 33040 --- ATV- - - - -- - -
COVERAQES
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED-NOTWITHSTANDINC M
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCF co
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. U)
IN$R ADCI'L - - - ------ -------- ---- — PQU YEFFECThfi k POLICY EXPIRATION --- LIMBS - -- -
POLICY NUMBER CIA M
GENERAL UAWLITY I EACH OCCURRENCE..-- — 5-.- 1,009 .0
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GENERAL AGGREGATE^ 'i__-.-2,000,0
GEN'L AGGREGATE LIMIT APPLIES PER ° °PRODUCTS-COMPIOP AGG-L5_ 1,,000,0
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AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
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EXCESS!UMBRELLA LIABILITY Il/S `p EACH OCCURRENCE
OCCUR �CLAIMS MADE I-fl( �^ AGGREGATE -- - -S ---. -- -----
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I RETENTION S {
WCSTATU- fpTH-
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OFFICERIMEMBER EXCLUDED? -
iMandgarvInNH,] ❑WC30600058172010 1f 1/2010 1/1/2011 EL DISEASE EAEMPLOYEq 5 1091 AU)
Ifs,desente Linder E-L.DISEASE-POLICY LIMIT•.S 500.0
SPECIAL PROVSIONS below -
OTHER ,
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS A DOE D BY ENDORSEIMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE
DESCFUSED POLICIES 0R CANCELLED BEFORE THE EXPIRATIC
Monroe County Board of County Con=issione DATE THEREOF,THE IHG INSURER'WILL,ENDEAVOR TO MAIL 10 DAYS WRITTI
1100 Simonton. Street NOTICE TQ THE cp Fj1gAT/TE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHAI
Rey Meat, FL 33040
IMPOSE NO O � OR LIABILITY OF ANY KIND UPON THE.INSURER,ITS AGENTS C
EPRESEH ES.
A E ES TATIVE
ACORD 25(2009101) 1988-2009 ACORD CORPORATION. All rights reserve
INS025(2wwi) The ACORD name and logo are registered marks of ACORD
Packet Pg. 969
3
Policy Number:8704327227201 C.38.e
":"'"••"`�`°fflim"yFLOOD POLICY DECLARATIONS
Liberty American Select Insurance Company
'-' AL - -
Type: Renewal To report a claim call: (800) 759-8656
Policy Period: 10/16/2010 To 10/16/2011 These Declarations are effective
Form: General Property as of: 10/16/2010 at 12.01 AM
Producer Name and Mailing Address: Insured Name and Mailing Address:
XEYS INSURANCE SERVICES INC 1000 ATLANTIC BLVD LLC
PO BOX 500280 729 THOMAS ST
y? MARATHON, FL 33050-0280 KEY WEST, FL 33040.7334
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Agent/Agency#: 2921 Processed by-
Reference
d' Flood Insurance Processing Center
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Phone* {305) 143-[1494 P.O. Box 2057 Kalispell MT 59903-2057
Insured Property Address: Coverage Limitations May Apply, Refer to You
loan ATLANTIC sLvn Flood Insurance Policy for Details.
KEY WEST, FL 33040 4852
Building Description: �
Premium Payor.. insured Non-Residential
'C • Rated Zone: vE Current Zone: $aabFloor on Grade
.._ Community Number.12 0168 1516 K RESTAURANT
G. Community Name:KEY WEST, CITY OF
Grandfathered: No
Pre-Firm Construction Replacement Cost $596,250
Program Type: Regular Number of Units: 1
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Type Coverage Rates Deduct Utz Sub Total Premium Calculation
m Building: 200,000 1.100 a.960 5,000 zs7 200,167 Premium SubataL t
5,46: N
Contents, 250.000 2_140 / 4.7001 5 000 225 150,225 'cc Premium, 7c
Contente CRS Discount;
L Lowest Ploy Only Above
m ocation: Ground Levgl Federsl Policy Fee: 4( U)
Probation Surcharge.
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Endorsement Amount:
Total Premium Pair 5,573 U)
First Mortgage: Third Mortgage:
TIB BANK MONROE couNTY SOCC
PC BOX 2808 1100 SIMONTON 9T
O KEY LARGO, FL 33037 KEY WEST, FL 33040-3110
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Second;Mortgage: Fourth Mortgage:
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'Phis Declaration Page. in conjunction with the policy,constitutes your Flcxad Insurance Policy,
In WITNESS WFIEHEOP. WV have signed this policy below and herby enter into this Insurance AgrPement.
Pm sieirat secretary
07043272272010 0)/14/2010 ,.is,.��.. a„�,.�.,._.. G��,._. r.,.,.,�_.,.... --.. """ I Packet Pg. 970
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Pan 2:THIS DECLARATION PAGE.W ITH POI.ICY PRUV iSIONS-PART I AND I'NDORSfiMI?NTS,IF ANY ISSUED TO FORM
A PART THERUX) ,C[IMPI.Ial;THE BELOW NUMBERFIl CITIZENS PROPFR7'Y INSURANC'I'CORPORATION POLICY. C.38.e
CITIZENS PROPERTY INSURANCE CORPORATION, WIND ONLY POLICY
6676 Corporate C mtcrParkway, JacksonA1k-,Florida 32216-0973
INSURED NP-4E ANT' ADDRESS <"'CITIZENS THIS IS A
1000 ATLANTIC BOULEVARD, LLC GENERAL BUSINESS
729 THOMAS ST
KEY WEST, FL 33040
POLICY TERM 10/16/2010 TO 10/16/2011 AT 12:01 A.M. (EST) CITIZENS POLICY NO. 1473301
INCEPTION DATE EXPIRATION DATE This is your Policy Declaration Page - This is not it Sill-1)U NOT PAY
PAGE
Ieea ttNT INSURANCE OiFk5 Ut. of DEDUCTIBLES
No. Bisila�nq Contents Agilicableg Terrirory Fremiuia
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MORTGAGEE/LOSS PAYEES:
I TIB BANK OF THE PL KEYS ISAOA
P Cl BOX 280
KEY LARGO, FL 33037
LOAN #141419529156
2 MONROE COUNTY BOCC (LOSS PAYEE)
1100 SIMONTON ST
KEY WEST, FL 33040
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CIT CP2 01 10 CNRW 01 10 01 10 CIT 18 18 01 1.0
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Agen z.: Pa yor;
KEYS INS SERVICES, INC. 5017 INSURED
P.O. BOX 500280
MARATHON, FL 33050
(305) 743-0994 Irate: 9/13/20.10 —
CIT W03-CNU 01 1.0 501']6 Team 3 MORTGAGEE COPY -02 QSY R 40
Packet Pg. 971
as
Part 2:1 US I)I'.C:L.ARA1 ION PAGK WITH POLICY PROVISIONS-PART 1 AND HNAC)RSHMiINTS.IF ANY ISS010 Tn FORM C.38.e
A PART THEREOF,COMPLETF THE RELOW NUM111+RM)C°1TI7.I-VS PROPFRTY INSURANCI?CORPORATION POLICY.
CITIZENS PROPERTY INSURANCE CORPORATION, WIND ONLY POLICY
6676 Corporate Center Parkway, Jacksonville,Florida 32216-0973
INSURED NAME AND ADDRESS A 6,
kITIZENS THIS 13 A.
1000 ATLANTIC BOULEVARD, LLC GENERAL BUSINESS
729 THOMAS ST
KEY WEST, FL 33040
POLICY TERM 10/16/2010 To 10/16/2011 AT 12.01 A.M. (EST) CITIZENS POLICY NO. 147330.1
INCEPTION -DATE EXPIRATION DATE This Is your Polley Ueelarstion Page - This Is not a Bill-DO NOT PAY
PAGE
TLem SURAWE
PerCenl Of .���+y ryM
NO... $u+.1r1l Ry Contents COSns4rahce. DIMU r IBLM Tarr j.�8ry PYemium
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1 351, 000 80 10, 530 T--86 2, 381
150,000 80 4,500 T-B6 933
ONE STORY MASONRY RESTAURANT BLDG £ CONTENTS NOT TO �
INCLUDE FABRIC CANOPY LOC:
1000 ATLANTIC BLVD KEY WEST, MONROE FL 33040-4852
2 58,000 0 80 1,740 T-86 393
ONE STORY MASONRY RESTAURANT AUXILIARY BLDG
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Tax Excrrtpt Surcharge $65 200 Florida Hurricane:Catastrophe Fund(FHCF)Emcrgmcy Assessment $3.I (n
Calaastrophe Reinsurancc Surchargc $5 5 6
2W Florida Insurance Guaranty Assmiat ion Regular Assessment $16 0 r
2009 Florida insua-anceGuaranty Assacimiun Regular Assessment $36 r
Subject ro Form RaIsJ:
Mortgagee/Loss Payee:
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MORTGAGEE/LOSS PAYEES LIST ON ADDITIONAL PAGE
Agent: Payor: r
KEYS INS SERVICES, INC. 5017 INSURED
P.O. BOX 500280
MARATHON, FL 33050
Date: 9/1 3/2010
{305) 743-0494
C:T NO3-CNR 01 10 50176 Team 3 MORTGAGEE COPY -02 09Y R 4n Packet Pg. 972
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this _LCj day
Of Q ci0 2008, by and between Monroe County, a
political subdivision of the State of Florida, hereafter
"County/Lessor", Key West Hospitality, LLC, hereafter
"Assignor/Lessee", and 1000 Atlantic Boulevard, LLC, hereafter
"Assignee", the parties agreeing as follows :
U)
CD
1 . The County/Lessor leases approximately 3, 928 square
feet of restaurant space at Higgs Beach, Key west,
Florida, through a Lease Agreement dated May 21, 2008,
hereafter the original Lease Agreement, commencing
August 12, 2008, and terminating on August 11, 2013,
unless the Lease is extended up to a maximum of ten
(10) years with certain Americans with Disabilities
Act ("ADA") modifications and capital improvements
having been completed pursuant to the Lease Agreement .
The original agreement is attached and incorporated
into this Consent to Assignment. .�
U)
2 . Paragraph 8 of the Lease Agreement provides that the a
Lessee may elect to sub-lease or assign the Lease
Agreement only upon the previous written consent of
the Board of County Commissioners for Monroe County. E
r_
3 . The Assignor and Assignee have entered into an U)
Agreement for Purchase and Sale of Assets dated
September 28, 2008, of the restaurant business which
agreement includes an assignment to Assignee of all 0
the Assignor' s rights, title and interests in the r_
0
Lease Agreement . U
4 . In consideration for such consent, the Assignee agrees LO
to be bound by all the terms and conditions of the
original Lease Agreement, including the obligation of
r_
Assignor/Lessee to complete certain modifications 0
required to comply with the "ADA" pursuant to a
Stipulated Settlement in Case No. 08-10007 filed in
the United States District Court as incorporated in
paragraph 3 (i) of the Lease Agreement .
5 . The Lessor, Monroe County, agrees to the assignment of
the Lease Agreement from Key West Hospitality, LLC, to
1000 Atlantic Boulevard, LLC.
Packet Pg. 973
C.38.f
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST , ` ,Y, L. HAGE, CLERK OF MONROE COUNTY, FLORIDA
/ co
BY: f` 1- O B
Deputy `° r Mayor Mario Di Gennaro
(SEAL)
KEY WEST HOSPITALITY, INC. 1000 Atl ntic Bo levard, LLC
Lessee/Assignor Ass i ne
BY- ` BY:
FRA CIS ZON RICHARD HA CH
nage / tuber Manager/Member 0
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U)
0
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r-
"` ROV D AS
J. ERCADO
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c; ASSISTANT CO NTY ATTORNEY ioh/��6
ca ; Date lJj�
Packet Pg. 974
C.38.g
LEASE AGREEMENT
HIGGS BEACH CONCESSION/RESTAURANT
THIS; LEASE AGREEMENT is made by and between Monroe County, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
FL 33040, hereafter "County" or "Lessor", and Key West Hospitality, LLC, whose address is
1002 Fleming Street, Key West, FL, 330040 hereafter, "Tenant" or"Lessee" this C)l`-014, day ofYly
2008. U)
WHEREAS, on the 12th day of August 1998, the County and the predecessor in interest
entered into a Lease agreement, for one (5) year term, with an option to renew for one additional
(5) year term hereafter referred to as "Original Agreement", copy of which is attached hereto and (n
made a part hereof; and
WHEREAS, the County and the predecessor in interest subsequently entered into lease E
amendments. dated February 10, 1999, July 21, 1999, September 20, 2000, May 16, 2001,
October 17, 2001, July 17, 2002, May 19, 2004 and July 14, 2004, copies of which are attached
hereto and made a part hereof; and
WHEREAS, the July 17, 2002 amendment amended the renewal term of the Original
Agreement and now provided the predecessor in interest with an option to renew the Original
Agreement for two additional (5) year terms; and
WHEREAS, the predecessor in interest exercised his initial option to renew the Original
Agreement and the County and the predecessor in interest entered into a Renewal Agreement 0
dated July 1:5, 2003, copy of which is attached hereto and made a part hereof; and a
00
WHEREAS, the predecessor in interest assigned all of his rights, title and interest in the Q
Original Agreement to the Lessee pursuant to a contract for sale/purchase of the restaurant; and
LO
WHEREAS, the County entered into a Consent To Assignment Of Lease dated April 20,
2005, copy of which is attached hereto and made a part hereof; and E
e
WHEREAS, an American with Disabilities Act (hereafter ADA) complaint has been
filed against the Lessee citing ADA deficiencies on the leasehold premises at 1000 Atlantic
Blvd., Key West, Florida; and
WHEREAS, under the terms of the original agreement the Lessee agreed not to make
any major alterations to the building located on the lease hold without first obtaining approval
from the County; and
WHEREAS, the current renewal term expires on August 11� 2008, and the Lessee has
informed the County of the Lessee's intent to exercise the Lessee's 2' renewal option; and
1
Packet Pg. 975
•. C.38.g
WHEREAS, the Lessee has agreed to effect all of the ADA modifications at Lessee's
cost and proposes to make additional capital improvements at leasehold premises at Lessee's
costs; and
WHEREAS, Lessee is seeking an additional term of years beyond the 2"d renewal option
in exchange: for effecting additional capital improvements separate and apart from the ADA
modifications; and
WHEREAS, Lessee and County find that, for purposes of clarity, it would be mutually
beneficial to enter into a new Lease and terminate Lessee's current Lease along with all
amendments and renewals entered pursuant thereto;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the parties agree as follows: 0
1. Mutual Termination of Existinp-Lease. The parties mutually agree to cancel
their August 12, 1998 original Lease Agreement, February 10, 1999, July 21, 1999,
September 20, 2000, May 16, 2001, October 17, 2001, July 17, 2002, May 19, 2004,
amendments and July 15, 2003 renewal agreement effective August 11, 2008, with
neither party having any further duty, obligation or liability to the other under the
terms of the above listed documents.
2. Premises. The County does hereby lease to Tenant and Tenant leases from the
County, a concrete building now situated on Clarence S. Higgs Memorial Beach,
1000 Atlantic Blvd., Key West, Monroe County, Florida, in its as is condition. Square
footage allocations shall be limited to the interior and enclosed patio area referenced
in Exhibit"A" attached hereto and incorporated herein.
3. I'erm and Effective Date. Lessor does hereby grant to the Lessee the exclusive right
and privilege of operating and maintaining a full service concession/restaurant at
Clarence S. Higgs Memorial Beach, Key West, Monroe County, Florida, for a term of
five (5) years commencing August 12, 2008 and terminating on August 11, 2013
unless extended in accordance with the terms set forth in subsection ii)below.
00
i)Within the first year of the lease term, Lessee agrees to make the
following modifications, at Lessee's cost, pursuant to the Stipulated Settlement
Agreement in ADA case # 08-10007 filed in the United States District Court, LO
Southern District of Florida:
a) Modify the main entrance to the restaurant by installing a proper ramp in order
to eliminate the change in level.
b) Install proper signage to indicate the accessible entrances to the restaurant,
patio area and accessible bathroom.
c) Install proper door hardware on all entrance and public doors.
d) Provide accessible tables in all dining areas and bar area with proper signage
indicating accessible tables.
e) Provide an accessible route from the bar/restaurant area to the restaurant
restrooms including the addition of a ramp or deck to provide a level surface for
access.
f) Modify the existing women's restroom to make a unisex accessible restroom
which will require changes to the door entrance, pathway within, fixture
modifications and proper signage.
g) Establish appropriate employee training policies.
h) Maintain all accessible features in the future.
2
Packet Pg. 976
i) Ensure any future modifications, alterations, or changes are in compliance with
the ADA.
j) Request Lessor provide an additional disabled parking space along with proper
striping and signage of the accessible parking space creating an accessible route to
the restaurant and relocating bicycle racks to prevent encroachment into the
accessible route.
ii)Upon completing the ADA compliance modifications listed above,
Lessee anticipates completing additional capital improvements estimated to cost
$125,000 as listed below;
a) Update all electrical and plumbing in the building to bring it in
compliance with all current code requirements.
b) Remove and replace the outside patio deck area to level the floor with
the main dining room floor. CO
c) Revamp and replace the roof over the outside patio deck area to create a U)
more substantial roof surface.
d) Remodel and enlarge the stall areas of the restaurant restrooms to make
both accessible and in compliance with the ADA rather than having
only one unisex accessible restroom which is proposed for installation
in 2008-2009.
If Lessee has previously completed all ADA modifications listed in subsection E
i) a j, Lessee shall be entitled to extend the lease two additional years for
every $25,000 spent on capital improvements listed in subsection ii) a — d up
to a maximum of 10 years. All improvements listed in subsection ii) must be
completed by August 12, 2012 unless extended by mutual agreement. Upon
providing proof, in the form of material invoices, construction contracts, etc.,
to the Director of Facilities Maintenance as to the total amount spent on
capital improvements listed in subsection ii) a-d, the parties will enter into an E
amendment extending the term of the Lease Agreement 2 years for every
$25,000 in capital improvement.
4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter
collectively known as "rent"), shall include rent, applicable sales tax and a
00
maintenance fee to cover the cost of the Lessor providing janitorial services and the
opening and closing of the public restrooms. The initial rent for the Premises
including the maintenance fee and applicable sales tax is $7,334.94 per month, LO
payable in advance on or before the first business day of each month. The rent will
be adjusted annually beginning with the first anniversary of the commencement of the
lease term, and at every anniversary thereafter, by a percentage equal to the increase
in the CPI for all urban consumers (CPI-U) for the calendar year immediately
preceding the anniversary date.
5. Termination. This Agreement may be terminated at the discretion of the Lessor in
the following circumstances:
a) Lessee fails to pay the rent when due;
b) Lessee fails to obtain the insurance required under this Lease or allows the
required insurance coverage to lapse or fall below the minimum required;
c) Lessee otherwise breaches the terms of this Lease.
Unless the Lessor has accepted in writing a delay in performance of duties, the failure
to perform said duties shall constitute a default under the terms of this Lease
Agreement. In the case of default/breach, the County's Director of Facilities
3 Packet Pg. 977
Maintenance shall first give Lessee a written notification stating the default/breach
and that Lessee has ten (10) days to correct the default/breach. If the Lessee has not
corrected the defaultibreach at the end of the ten (10) days, then the Lessor may
terminate the Lease in its discretion. If it shall be necessary to employ the services of
an attorney in order to enforce its rights under this Lease Agreement, the Lessor shall
be entitled to reasonable attorney's fees. Waiver of a default in any particular month
shall not bind the Lessor to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination.
6. Lessee Covenants. Lessee covenants and agrees as follows:
A. To keep open such concession/restaurant Monday-Sunday, including holidays,
from 7:00 A.M. 11:00 P.M., and shall not exceed the established beach hours as
specified in Monroe County Ordinance 13.5-3(2)(E). Hours of operation may be
modified by mutual agreement. CD
C
13. To furnish the necessary equipment, furnishings and fixtures needed to operate
the concession/restaurant. All moveable equipment and furnishings shall remain
the property of the Lessee and may be removed from the premises by Lessee at °'
the termination of this lease agreement, with Lessor's consent. If Lessee fails to M
remove said moveable equipment or furnishings within ten (10) days after
termination of this lease, said items shall then become the property of the Lessor.
C. Lessee shall maintain a City and County occupational license during the period of E
this lease.
D. Lessee agrees to keep the leased premises in a safe, clean and well-maintained E
order at no expense to the Lessor. This provision is to be monitored by the
Director of Public Facilities Maintenance or his representative. �
E. Lessee agrees to operate its business in a business like manner.
7. Lessor Covenants. In connection with the above demised premises, the Lessor
covenants with the Lessee that conditioned upon Lessee's performance and
observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and
peaceable possession of the premises during the term of this Lease. In the event the
County elects to maintain and/or improve its properties in the vicinity of the leasehold
00
herein, either by necessity, or by choice, such activity will not be considered as a
breach of any covenant of this lease.
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Lessor further covenants and, at its cost, agrees:
a) to provide proper striping and signage of the accessible parking space and to a
provide a second accessible parking space adjacent to the current accessible parking
space in conjunction with the accessible route to the restaurant.
b) relocate the bicycle racks to prevent encroachment into the accessible route
leading to any accessible entrance to the restaurant.
c) to establish a policy of enforcement if cars are improperly parked to notify the
car owner or have the vehicle towed pursuant to F.S. See. 316.1955(1)(a)
8. Assienment. It is agreed by the parties hereto that Lessee may elect to sub-lease
or assign this Lease Agreement only upon written consent of the Monroe County
Board of County Commissioners which shall not be unreasonably withheld. The
terms of this Lease Agreement shall be binding on the heirs, executors,
administrators, sub-lessees and assigns of Lessee.
4
Packet Pg. 978
9. Mechanic's Liens Lessor's Ri hts. It is hereby covenanted, stipulated and
agreed by and between the parties hereto that:
A. there shall, during said demised term, be no mechanic's liens placed upon the
concession/restaurant or improvements thereto.
B. in case of any attempt to place a mechanic's lien on the leasehold premises, the
Lessee must pay off same.
C. if default in payment thereof shall continue for thirty (30) days after written
notice, Lessor shall have the right and privilege, at its option, to pay off any
mechanic's lien or any portion thereof and the amount so paid, including
expenses, shall, at Lessor's option, be designated as additional rent due from
Lessee at the next rent due date after such payment, with interest calculated at the
rate established by the Comptroller under Sec. 55.03, Fla. Stat., for the year in
which the payment became overdue. Nothing in this section is to be read as a
waiver or authorization by the County of its constitutional and statutory immunity
and right to have its property free of such liens.
10. Sale of Alcoholic Beverages. Alcoholic beverages may be sold within the
enclosed restaurant and patio area only upon acquisition and maintenance of proper
licenses from local, state and federal agencies. No carry-out sales of alcoholic
beverages is permitted. Sales and consumption of alcoholic beverages must cease by W
11:00 P.M.
11. Entertainment. Entertainment may be provided only in the enclosed restaurant and
patio area. Any entertainment must be acoustic soft background music and must cease
by 11:00 P.M.
12. Licenses. Lessee shall be responsible for and provide all licenses required by all
local, state and federal agencies including the Department of Health.
13. 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 U)
property, nor for any purpose or use in violation of the laws of the Untied States, or of
00
the State of Florida, or of the Ordinances of Monroe County or the City of Key West,
Florida. Lessee will keep and save the Lessor forever harmless from any penalty or
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damage or charges imposed for any violation of any said laws, whether occasioned byLO
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.
14. 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 Agreement, for
any damages whatsoever to the Lessee beyond the rent reserved by the Lease
Agreement accruing, for the act, or breach of covenant, for which damages may be
sought to be recovered against said Lessor, and that in the event said Lessee shall be
ousted from the possession of said property by reason of any defect in the title of said
]Lessor or said Lessor's authority to make this lease agreement, said Lessee shall not
be required to pay rent under this lease agreement while he is so deprived of said
property, and that said Lessor shall not incur any liability as a result of such ouster.
5
Packet Pg. 979
'• C.38.g
15. 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
agreement shall be construed to be a waiver of any succeeding breach of the same
covenant.
16. Observance of County Rules and Regulations. The Lessee hereby covenants
and agrees that he, his agents, employees or otherwise shall observe and obey all
lawful rules and regulations which may from time to time during the term hereby
promulgated and enforced by the Lessor at the beach.
17. Count Rip-ht of Entry. The Lessor reserves the right hereunder to enter
upon the premises at any reasonable time during normal operating hours for the
purpose of inspecting said premises to determine whether Lessee has complied and is
complying with the terms and conditions of this Lease Agreement. The Lessee hereby
agrees to keep the premises at all times in a clean and sanitary condition, and not to U)
maintain or keep upon said premises any properties or equipment not used in
connection with the operation of said business, unless authorized by the Lessor to do
so.
18. Leasehold Improvements_ The Lessee agrees not to make any major alterations
to the building located on said premises, without first obtaining written consent of the
Lessor to do so, which will not be unreasonably withheld. Such alterations shall be E
based on plans approved by the Director of Facilities Maintenance and shall be
subject to all City and County code provisions governing construction. Lessee shall E
be responsible for obtaining any permits required by any government agency. All site
improvements shall be pre-approved by the Monroe County Board of County
Commissioners.
19. Ieasehold Maintenance. During the term of this lease, Lessee is responsible
for all maintenance and repairs, including major repairs such as structural work and
roof replacement and replacement of the building if destroyed. All repairs and
replacement must be of the same or better quality as the original work and conform to
all applicable building codes. Lessee shall be responsible for and shall properly
maintain the leased premises, and upon the termination of this lease, shall leave the
premises in at least as good condition as at the time of the commencement of this
lease, normal use and occupancy excepted. The Lessee will keep the premises cleanIr-
at all times and must meet all requirements for food handling as required by the LO
Monroe County Department of Health.
20. Responsffi ty for Property on Leasehold. All property of any kind that may be
on the premises during the term of this Lease Agreement shall be at the sole risk of
the Lessee. The Lessor shall not be liable to the Lessee or any other person for any
injury, loss or damage to property or person on the premises.
21. Damage to Leasehold. In the event that the demised premises, or a major part
thereof are destroyed by fire, storm, or any other casualty, the Lessor at its option and
without assuming Lessee's responsibilities under Section 19 "Leasehold
Maintenance", may forthwith repair the damage to such structure at its own cost and
expense. The rental thereon shall cease until the completion of such repairs and the
Lessor will immediately refund the pro rats part of any rentals paid in advance by the
Lessee prior to such destruction. Should the premises be only partly destroyed, so that
the major part thereof is usable by the Lessee, then the rental shall abate to the extent
that the injured or damaged part bears to the whole of such premises and such injury
6
Packet Pg. 980
C.38.g
or damage shall be restored by the Lessor as speedily as is practicable and upon
completion of such repairs, the full rental shall commence and the Lease shall then
continue the balance of the term. If Lessor exercises its option to repair the premises,
Lessee agrees to assign its right to the insurance proceeds to the Lessor. If insurance
proceeds exceed the costs of repair, the Lessor will, at its option, either remit the
excess funds to the Lessee or apply the excess funds as a credit towards Lessee's next
due monthly rental payment. If repair costs exceed the insurance proceeds, Lessee
agrees to pay Lessor within 30 days for any and all costs of repair not covered by
insurance proceeds.
22. Rip-hts Reserved. Rights not specifically granted to Lessee by this Lease Agreement
are reserved to the Lessor.
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23. Rights of Count . The Lessor shall have the absolute right, without limitation, to
repair, reconstruct, alter or add to any structure or facility at Higgs Beach, or to 0
construct new facilities at Higgs Beach. The Lessor shall, in the exercise of such
right, be free from any and all liability to the Lessee for business damages occasioned
(luring the making of such repairs, alterations and additions, except those occasioned
by the sole act of negligence of the Lessor, its employees or agents.
24. Indemnification/Hold Harmless. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify 0
and hold Lessor and the Lessor's elected and appointed officers and employees a
harmless from and against (i) any claims, actions or causes of action, (ii) any 0
litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury(including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, costs of
remediation in connection with a violation of any federal, state, or local law or
regulation, attorneys' fees and costs, court costs, fines and penalties) that may be 0
asserted against, initiated with respect to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of Lessee or any of its employees,
agents, contractors or other invitees on the leasehold premises during the term of this
Agreement, (B) the negligence or willful misconduct of Lessee or any of its U)
employees, agents, contractors or other invitees, or (C) Lessee's default in respect of
any of the obligations that it undertakes under the terms of this Lease Agreement, CD
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except to the extent the claims, actions, causes of action, litigation, proceedings, costs
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or expenses arise from the intentional or sole negligent acts or omissions of theLO
Lessor or any of its employees, agents, contractors or invitees (other than Lessee).
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or a
expenses relate to events or circumstances that occur during the term of this Lease
Agreement, this section will survive the expiration of the term of this lease or any
Earlier termination of this Lease Agreement.
25. Insurance Requirements. Lessee shall obtain and maintain at it's own expense the
insurance coverages listed in exhibit B.
26. ]Books Records and Documents. Lessee shall maintain all books, records, and
documents directly pertinent to performancc under this Lease Agreement in
accordance with generally accepted accounting principles consistently applied. Each
party to this Lease Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Lease
7
Packet Pg. 981
Agreement for public records purposes during the term of the Lease Agreement and
for four years following the termination of this Lease Agreement.
27. Governing Law, Venue, Interpretation: This Lease 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 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 Lease 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. CO
27. 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 Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before it
becomes effective.
28. Severability. If any term, covenant, condition or provision of this Lease 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 Lease Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Lease
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 E
provisions of this Lease Agreement would prevent the accomplishment of the original
intent of this Lease Agreement. The Lessor and Lessee agree to reform the Lease
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
29. Attorney's Fees and Costs. The Lessor and Lesse 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 LO
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
i:ees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Lease 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.
30. Binding Effect. The terms, covenants, conditions, and provisions of this Lease
Agreement shall bind and inure to the benefit of the Lessor and Lessee and their
respective legal representatives, successors, and assigns.
31. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Lease Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
8
Packet Pg. 982
C.38.g
32. 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 Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party prior to
submission.
33. Adjudication 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 no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. 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 Lease Agreement
or by Florida law.
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34. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Lease
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 Lease Agreement or provision of the services under this Lease (n
Agreement. Lessor and Lessee specifically agree that no party to this Lease
Agreement shall be required to enter into any arbitration proceedings related to this E
Lease Agreement.
35. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a �
court of competent jurisdiction that discrimination has occurred, this Lease
Agreement automatically terminates without 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 VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or 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
00
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 LO
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 patent records; 8) Title VIII of
the Civil Rights Act of 1968 (42 USC s. 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. 1201 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et
seq., Monroe County Code, relating to discrimination based on 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 Agreement.
9
Packet Pg. 983
C.38.g
36. _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 Lease Agreement, and that the only interest of
each is to perform and receive benefits as recited in this Lease Agreement.
37. Code of Ethics. Lessor agrees that officers and employees of the Lessor 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.
38. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it COaO
has neither employed nor retained any company or person, other than a bona fide U)
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 M
making of this Lease Agreement. For the breach or violation of the provision, the
Lessee agrees that the Lessor shall have the right to terminate this Lease Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise E
recover, the full amount of such fee, commission, percentage, gift, or consideration.
39. 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 and Lessee in conjunction with this Lease Agreement; and
the Lessor shall have the right to unilaterally cancel this Lease Agreement upon
violation of this provision by Lessee.
40. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida
Statutes, the participation of the Lessor and Lessee in this Lease Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage,
00
or local government liability 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. LO
41. Privileses 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 Lease Agreement within the
territorial limits of the County 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 County.
42. Lep-al Oblieations and Responsibilities: Non-Delegation of Constitutional or
'statutory Duties. This Lease 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 Lease Agreement is not
10
Packet Pg. 984
• ' C.38.g
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.
43. Pion-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Lease 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 the 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 Lease Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated
in this Lease Agreement.
44. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably CD
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require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
45. 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 (n
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Lease Agreement or be subject to 0
any personal liability or accountability by reason of the execution of this Lease
Agreement.
46. Execution in Counterparts. This Lease 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 Lease Agreement by signing any such counterpart.
47. Section Headings. Section headings have been inserted in this Lease Agreement as a
matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Lease Agreement and will not be used in the interpretation of
any provision of this Lease Agreement.
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48. Mutual Review. This Lease agreement has been carefully reviewed by Lessee and
Lessor, therefore this Lease agreement is not to be construed against either party on LO
the basis of authorship.
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li
Packet Pg. 985
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above..vu�,qten.
(SEAL) ; BOARD OF COUNTY COMMISSIONERS
ATTES RAGE, CLERK OF MONROE COUNTY, FLORIDA
By
D uty Clerk Mayor/Chairperson
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KEY WEST HOP Y
By �
Witnesses Title• M agingtartar
This document was prepared and a proved as to form by: E
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Pedro J. Mercado Date
Assistant C Attorney
Florida Bar No.: 0084050
P.O.. Box 1026
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Key West, FL 33041-1026
(305) 292-3470 "
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EXHIBIT
Packet Pg. 987
r C.38.g
2005 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Organizations/Individuals
UeasingCounty-Owned
Property
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Prior to the Organization or Individual taking possession of the property owned by the County, or
commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease/rental agreement.
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The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below. as
The Organization/Individual shall maintain the required insurance throughout the entire term of
this lease/rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease/rental agreement
and the return of all property owned by the County.
The Organization/Individual will be held responsible for all deductibles and self insured
retentions that may be contained in the Organization/Individual's Insurance policies.
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either:
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• Certificate of Insurance
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or
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• A Certified copy of the actual insurance policy.
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The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty(30)days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Organization/Individual's insurance shall not he construed
as relieving the Organization/Individual from any liability or obligation assumed under this
contract or imposed by law.
The Monroe County Board of County Commissioners, will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Administration Instruction
#4709.6 EXHIBIT 29
Packet Pg. 988
C.38.g
2005 Editinn
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared Form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
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Administration Instruction
#4709.6 30
Packet Pg. 989
2005 Hition
ALL RISK PROPERTY
® INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance(to
include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the
property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental
Agreement and include, as a minimum, liability coverage for:
Fire LightiR& Vandalism
Sprinkler Leakage Sinkhole Collapse _Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
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Administration Instruction
#4709.6 31
Packet Pg. 990
C.38.g
i
2()05 Fditinn
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASE/RENTAL OF PROPERTY
OWNED BY THE COUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
as
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Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the organization/Individual shalt obtain General Liability insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal injury Liability
Expanded Definition of Property Damage
Fire Legal Liability(with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be: E
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
00
s filed on or after the effective date of this contract.
provisions should include coverage for claim
In addition,the period for which claims may be reported should extend for a minimum of twelve
(12) months following the termination of the Lease/Rental Agreement.
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The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Administration Instruction 32
#4709.6
Packet Pg. 991
C.38.g
i
2005 FAtilion
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASESIRENTALS OF
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
ca
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the OrganizationiIndividual shall purchase Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the Lease/Rental
inimum, liability coverage for:
Agreement and include, as a m
• Owned, Non-Owned, and Hired Vehicles
Physical Damage Protection (if the leased property is a County• -owned
vehicle)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
ACV for Physical Damage
If split limits are provided,the minimum limits acceptable shall be: 0
$ 100,000 per Person
$ 300,000 per Occurrence
$ 50,000 Property Damage
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as AdditionalCD
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Insured on all policies issued to satisfy the above requirements. In addition, if the
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lease/rental agreement involves County-owned vehicles,the Monroe County Board of
County Commissioners shall be named as "Loss Payee" with respect to the physical
LO
damage protection_
Adriiinismtion instruction 33
##4709.6
Packet Pg. 992
C.38.g
1996 Edition
LIQUOR LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND ca
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governed by this contract involves the sales an
dlor distribution of alcoholic s
Recognizing that the work g
beverages,the Contractor's General Liability Insurance policy shall include Liquor Liability wi
equal to those of the basic coverage. (n
A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the
Contractor's General Liability policy.
The rvlonroe County Board of County Commissioners will be included as Additional Insured if a
separate Liquor Liability policy is provided.
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CD
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GLLIQ
Administration Instruction 59
#4709.2
Packet Pg. 993