Item C38
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Julv 26. 27. 2000
Division:
Public Works
Bulk Item: Yes --X- No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to extend Lease Amendment with building improvement
contingencies, between Monroe County and Conch Cruiser, Inc., Sal Parrinello, for the
restaurant/concession at Clarence E. Higgs Memorial Beach, and authorization for Mayor to execute
same.
ITEM BACKGROUND: The Lessee, Conch Cruiser, Inc., Sal Parrinello, would like to exercise his
option to renew his lease an additional 5 years, such that his lease will terminate August II, 2008, in
order to begin improvcments including rc-habilitation of the restrooms, roofs, rcplacemcnt of thc air
conditioning system, and repair or replacement of outdoor canopies. Rent will be adjusted annually in
accordancc with changc in the Consumcr Pricc Indcx.
PREVIOUS RELEVANT BOCC ACTION: On August 12, 1998, BOCC approved to enter into a
Ncgotiatcd Leasc Agreemcnt betwcen Monroe County and Conch Cruisers, Inc., Sal Parrincllo, for thc
restaurant/concession at Clarence E. Higgs Memorial Beach, for a five (5) year tcrm, and an option to
rCllCW for fivc (5) additional ycars.
STAFF RECOMMENDATION: Same as noted above.
TOTAL COST:
N/A
BUDGETED: Yes
Account #
N/ A . NO
Cost to County: N/ A
REVENUE PRODUCING: YES -.2L NO
AMOUNT PER MONTH $5.042.57 YEAR $60.510.84
Item Prepared by: 7.. '10 (}1J
arate, Sr. Director, Public l)acilitie~enance
DIVISION DIRECTOR APPROVAL: (A~~- '
Dent Pierce, Division Director
OMB/Purchasing _
Risk Management
APPROVED BY:
'7 11/ Ic/c)
DOCUMENTATION: Included --X- To follow
Not required
AGENDArrnM# li?8
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Conch Cruiser. Inc.. Sal Paninello
Effective Date:
Expiration Date:
July 26. 2000
08 III 108
Contract Purpose/Description:
Restaurant/Concession at Clarence E. Higgs Memorial Beach. Salute Ristorante SuI Mare.
Extend current lease five (5) additional years.
~
Revenue Producing.
Contract Manager
Ann Mytnik
(Name)
4431
(Ext)
Facilities Maintenance
(Department)
for BOCC meeting on
July 26.27.2000
Agenda Deadline:
July 12. 2000
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion:
Budgeted? Yes N/A No _ Account Codes:
Grant: $ N/A
County Match: $ NI A
$N/A
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
R~Jna~er~nt
om./pur~ng
County Attorney
CONTRACT REVIEW
Changes
Date In Needed
Yes No
1;/1 ; DO ( ) ( )
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Ctz.JJY cD ( ) ( .u~
fR.j2JJ~( ) (~
Date Out
Division Director
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Comments:
OMB Form Revised 8/30/95 MCP #2
AMENDMENT TO LEASE AGREEMENT
THIS LEASE AMENDMENT entered into the _ day of
, 2000 by and
between the Board of County Commissioners, Monroe County, Florida (Lessor) and Conch
Cruisers, Inc., Sal Parrinello (Lessee) whose address is 1601 Bahama Drive, Key West, FL,
33040.
WHEREAS, Lessor and Lessee entered into a lease dated August 12, 1998; and
WHEREAS, the lease agreement required the Lessee to take the premises in "as is
condition" and
.
WHEREAS, the lease terminates August 11, 2003 with an option for an additional five
year term; and
WHEREAS, Lessee would like to make some repairs and upgrade the premises, including
the roofs and replacement of the air conditioning system which had been removed by the
previous tenant; and
WHEREAS, it is economically feasible to the Lessee to make these repairs and upgrades
only if the Lessee can be assured of the additional five year extension; now therefore
In consideration of the promises contained herein, the parties do amend the lease dated
August 12, 1998 as follows:
1. The term of the lease shall be changed in paragraph 2 from five years to ten
years.
2. Paragraph no. 3 shall be deleted.
3. In the place of paragraph 3 shall be substituted the following language:
3. Lessee shall rehabilitate the restrooms and roofs and replace the
air conditioning system in consideration of the extension of this lease from
the original five years to ten years, such that the lease now terminates
August 11, 2008. Lessee shall also repair or replace outdoor canopies and
railings. Lessee acknowledges that during the term of this Lease, the
County may direct the relocation of the Lessee's restaurant operation to a
new structure to be constructed by the County and to be located
elsewhere at Higgs Beach (the new premises). If this event occurs, then
the County must:
a) Permit the Lessee to occupy and utilize the new premises
under the same terms and conditions (including the rental amount) as the
Lessee has for under this lease for the existing premises for the
remainder of the term of this lease;
b) Abate the rent during the time period when the Lessee must
cease operation of its business for the purpose of transferring the
restaurant operation to the new premises.
4. All other terms in conditions of the negotiated lease agreement entered August
12, 1998, consistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presence to be
executed as of the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNIY COMMISSIONERS
OF MONROE COUNIY, FLORIDA
By
By
Deputy Clerk
Mayor / Chairman
(SEAL)
Attest:
CONCH CRUISERS, INC.
By
By
Sal Parrinello
2
B
jdconconch
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SECTION THREE
1'<'EGOTIATED LEASE AGREEMENT
THIS lease, entered into on the ll1h day of bU2ust. 199.a. by and between the BOARD OF
COUNTY COM:MISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and ~
Cruisers. Inc.. Sa] Parrinello (Lessee), whose address is 1601 'Bahama Drive. Key West.
fIorida. 33040.
The parties to this lease hereby agree to the following:
1. This lease evidences the grants, covenants and agreements mad~ between the parties with
reference to the following described premises and ~s further identified in Exhibit "A".
Clarence s. Higgs Memorial Beach, Key West, Florida: includmg
exclusive use of all existing facilities, restaurant, bath house, and storage
areas, to have the exclusive right to provide and maintain a full service
concession/restaurant, such as furnish food and beach concession
, ,nd p,ovid' janitori,] ,,,'vie.. to th' public ,est ,ooms inehmv, of op,.,ng .nd elo,ing and
,upplying p.p" p,oduets .t CI_ce S. Higg, M,mori.1 Beach .nd m.in"in .11 ,quipm,nt
necessary for the operation of these facilities.
2. Th' Lmo' h",by gronts to th' Lessce th' "du,ivc right and priv,l,g' of ow"ing .nd
m.in"ining . full se,-vice eunc,ssioni",,,,,,"'t" c""n" S. }\igg' M,mori.1 Beach,
K'y West, MonN' Cotm"" Florid., fOl , tenn 0 f fiv, (5) y'''', soid "n",'ioni''''''''''"
to b, loe",d " th, con",te buildUtg noW ,itu,ted upon soid b",h, ,nd in " i, "ndinon.
Sq"''' footag' allo"tio05 ,hall b' limited to th, interio' ",d endosed pOlio "" "
referenced in Exhibit "A" .
Th' L'ss" m'y ""eise an option to "n'w thi' I'''' fo' an .ddition.1 fiv, (5) y'''' with
3.
wrin,n eon"n' of the Bo"" of Cotm", commission,,", by giving Less" wrinon noti" of
th,i, intention to ""ei" ,aid option within ,ix", (60) day' p"viou, to th' "pi,otion of
the original five (5) year term.
4. Th' Lm", to eon,id,,,,tion ofth' fo"going rights and privil,ges, do" h",by "v,n.nt
with the Lessor to pay rental fees as follows:
~ar one (~ Monthly rent $4,583.33 ($55,000.00 per year)
~" (2) tbCO"VC (5)1 Montbly ront $4,910.00 (S58,920.00p" ym)
To< "nrr"tI..,-"m,nt (I"") antotmt ..,-,cd to h",in m.y b, ,djust,d ","u.ny in
",,,d,n" with ,h,ng' in th, Contum" Price Index (CPI), Notion.llne" f" W'g'
E,mm ,nd Clerical w"km, and ,hall b, b"ed upon th' ","u,l "",g' CPI
computatlon from January I through December 31 of the previous year.
A. 1.' pon eXecution of thi' I'''' and pOOl to th' Lm"" d,hv,O' of th' p"mi'" to
Lessee, Lessee shall deliver to the Lessor the sum of $5081.33.. for the first
month', "nt ,nd d,mag' d,posit of $500.00 and .n irrevocabl, I,ne< of ,,,dit
from' 10"[ b'n.' in C" .motmtof 54,910 f" th' I,st mon lh', "nt. L,ss" ,h,ll
not be required to post bond securing said advance rent ordeposit.
"
The first month's rent, paId III advance, shall be for the month of October,
l22B.. Rent shall be due on the tirst day of each and every month thereafter, rent
belllg payable in advance during the term of thIS lease. Lt:ssee may assume
occupancy as of August 13. 1998 for the purpose of coordinating demolition and
renovation improvements, conditioned upon his full compllance with all terms of
this lease, inclusive of insurance coverage effective as of said date. In addition
to the foregoing rental payments, the Lessee covenants and agrees with the
Lessor to pay State taxes, if any, and all Utlllty charges, including but not limited
to electric, water, sewer, and solld w~ste at said concession/restaurant, whIch
shall be a result of the operatIon of the facilities granted under thiS lease. The
Lessor reserves the right to terminate this lease for non-payment of rent by the
Lessee for a period of fifteen (15) days or more.
5. In connection with the above demised properties, the Lessor covenants with the Lessee that
conditlOned on Lessee's performance and observance of Lessee's covenants herein, Lessee
B.
shall have qUIet enjoyment and peaceable possession of the premises dunng the term of
thiS lease. In the event the county elects to mallltam an<ior improve its properties m the
Vlcmity of the leasehold herein, either by necessity. or by chOice, such activity will not be
considered as a breach of any covenant of this lease.
6. Lessee further covenants and agrees as follows:
A. To keep open such concession/restaurant Monday-Sunday, including holidays,
from 7:00.A..M-IO:00PM, and shall not exceed the established beach hours in as
speCified m Monroe County Ordinance 13.5-3 (2)(E). . Publlc rest rooms shall
be opened at 7:00AM and closed at sunset, Monday-Sunday, including holldays,
In accordance with Monroe County Ordinance 13.5-3(2)(C).
B To furnIsh the necessary equipment, furnishing and fixtures needed to operate
the concession/restaurant. All moveable equIpment and furnishmgs 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
remove said moveable equipment or furnishings within ten (10) days after
termlllation of this lease, said items shall then become the property of the
Lessor.
C Lessee shall provide full janitorial servIces for the public rest rooms mcluSlve of
prOVidIng all Janitonal supplIes and paper products. Janitonal service frequency
shall be on a daily basis to ensure rest rooms are mamtained clean and sanitary.
Rest rooms are to be inspected during the regular business day to ensure supplles
are available and facility is clean and properly sanitized.
D. Lessee shall maintain a City and County Occupational License during the period
or this lease.
E. Lesset: agrees to keep the leased premises in a safe, clean, and well-mamtained
order at no expense to the Lessor. This provision is to be monitored by the
,
Director of Public Facilities Maintenance or his representative.
F. Lessee agrees to operate his business in a business-like manner.
It IS agreed by the parries hereto that Lessee may eiect to sub-lease or asslg-:1 the lease
agreement only upon previous written consent of the Board of County Com:T1lSsioners for
\fO:1.roe County, The tenus of this agreement shail be bmdmg on the he:~s, exe;;..:wrs,
admmlsrrators, sub-Jessees and assigns of Lessee, wruch snail n.ot oe unreasor.ably
wIthheld
It IS hereby covenanted, stipulated and agreed by and bet'.,'een the pames hereto that there
shall, dunng the saId demised tenu, be no mechamc 's hens upon the conceSSIOl1irestaurant
or Improvements thereto; in case of any attempt to place a mechamc's lien on premIses,
the Lessee must payoff the same; and that if ~eflfJlt in payment thereof shall continue for
thm)' (30) days after written notice, said Lessor shall have the right and privIlege, at its
option, to payoff the same or any portion of the same, and the amount so paId. Including
expenses. shall, at the option of the said Lessor, be so much additlo:1.al rent due from said
Lessee a: the :1ext rent due after such payment, with Interest at the rate estaoilshed by the
Comprroller under Sec. 55.03, F.S., for the year in whIch the payme:1t became overdue.
~OthlDg ::1 tn:s paragraph is to be read as a waIver or authonzatlon by the COL:nry 0:' :ts
constitutlonal and statutory immunity and right to have its property free of such liens.
9. Alcohol1C beverages may be sold within the enclosed restaurant and patlo only, upon
8.
acquisitlon and maintaining proper licenses from local, state, and federal agencies. No
carry-out sales of alcoholic beverages is penuitted. Sales and consumption of alcoholic
beverages must cease by 10:30 P.M.
10 Er.te:-:a::1merlt may be provided only in the enclosed restaurant and pa::o area, Any
er.ter:a::,ment must be acousnc soft backgrour.c: :,:-":51C and must cease oy >J 30 PSI
1 \ Lessee shall be responsible for and prOVIde all l:ce:1ses reqlmed by 31: jo.;al, state and
ieder2.1 agencleS, l!1ciudmg Department ofHeai:h.
12 It :s expressly covenanted between the parties hereto that the Lessee w:ll not use, suffer
nor perrT1lt any person to use in any manner whatsoe.....er the saId demlsed proper')', nor any
pomon thereof, for purposes calculated to injure the reputation of the premIses or of the
nelghbonng property, nor for any purpose or use in vlOlatlon of the laws of the Unlted
S:2.:e,. ,;~ of ,he State of Florida, or of the ordinances of Monroe Counry, Flonda and that
::-:e :_c':,;~e '.\:;: ~eep and save the Lessor forever harmless from any penalty or damage or
::;~~gc'c ::~,posed :-or :my VIolatIon of any saId laws, whether occaslOneci by neglect of
Lessee. ,::;d :hat sa:d Lessee will indemnify and save and ~eep harm:ess the Lessor agamst
and :'~o~ any loss, cost, damage and expense ansing out of any acclder.t o~ other
occurrence, causing injury to any person or property whomsoever or whatsoever, and due
dIrectly or md:rectly to the use of the premises. or any part thereof, by the Lessee.
13 It lS fur:her agreed that in no case shall the Lessor herein be liable, under any express or
Impiled covenants In this lease agreement, for any damages whatsoever to the Lessee
beyond the rent reserved by the Lease agreeme::! accruing. for the act. or breach of
:o\'erla:.:. :'or '.'..h:;;h damages may be sought to 'c>e recove~ed agaInst sale Lessor, anC that
l!". the e\'ent sale Lessee shall be ousted tom t~,e ?oSSesslOn of saId ?rc?er".)' ':Jy rcaSO:1 of
2:.\ ':6:::: lr: the mle of said Lessor or saId Le5so~'S authonty to make thIS lc:ase
; : ~"I"I' shal1 not be reqc::rec :0 ;::ay rent -..:nder th:s lease agreer-.en: while
he IS so deprived of the possession of said property, and that said Lessor shall not incur any
i !abli!t)' of such ouster..
I: :s :':.lrther mutually covenanted and agreed berwee:: :.he parties hereto :::at :10 ';"31ver of a
b:';,:.I,-':: or' :'::1)' of the covenants ofthJs lease agreel:Jent shall be consrrued to be a ..",aiver of
any succeedmg breach of the same covenant.
The Lessee hereby covenants and agrees that he, his agents, employees or other.vise shall
observe and obey all lawful rules and regulations which may from time to time dunng the
term hereby promulgated and enforced by the Lessor at said beach.
The Lessor reserves the right hereunder to enter upon the premises at any reasonable time
dunng normal beach hours for the purpose of ins~ecting said premises, and the Lessee
hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to
mall1tam or keep upon saId premises any propertieS or equipment not used In connectlon
wt:f: the operatlon of said business, unless authorized by Ihe Lessor :0 do so.
17. The Lessee agrees not to make any major alteratlo:'IS to the buildmg located Orl said
;~
15,
16,
premIses. without first obtaining written consent of the Lessor to do so, which Will not be
unreasonably withheld. Such alterations shall be based on plans approved by the DIrector
oi Facilities Maintenance and shall be subject to all City and County Code prOVIsIons
governmg construction. Lessee shall be responsible for obtaining any permitS required by
any governmental agency.
18. The Lessee shall be responsible for maintaining the structure. The Lessee wdl keep the
premises clean at all times and must meet all requirements for food handllng as required
\;y the Monroe County Department of Health. All site improvements s!-.a11 be pre-
approved by the Monroe County Board of County conunissioners.
19. Tne Lessee shall be responsible for applying and obtaining all permits necessary by all
!OC3i. state, and federal agencies.
20, Lessee covenants and agrees to indemnify and hold hannless Monroe COL:nry Board of
County CommISSIoners from any and all claims for bodily mJury (includmg death),
personal lTIJury, and property damage (including property owned by Monroe County) and
:InY otber losses, damages, and expenses (including attorney's fees) which arise out of, in
co;.::ec::-,):: w::h, or by reason olthe Lessee unl:zl::g Ihe property governed by :hlS
:::i.:se :<:::-::3; ag:-eement. The extent of llability IS 1:: ;.0 ',l.;ay l:mned 10, recu~ed, or lesser.ed
:::y (o.e ;rlS'-lr"nce requirements contair.ed elsewhere .....,:.h::1lhls agreemer.t.
2; ,-'-.:: ::'r<.:;:Je;.~, 0:' a::y ;'::nc that may be on the pre:1::sI;S QL:z;ng the cont:n:.:ar.ce or thiS Lease
shal: ':)e at the sole ;lSK orthe Lessee, the Lessor shall no: be liable to the Lessee or any
o:r.e: ;Jersor. for a:-:;; :n]:.1ry', loss, or damage 10 property 10 any person on the premIses,
.,.,
';"k.
In th~ ev~nt that the demised premises, or the major par. thereof are destroyed by fire,
storm, or any other casualty, the Lessor at its option n:ay forthwith repair the damage to
,web srructure at its own cost and expense. The rental ther~on sr.aJ! cease t.:ntil the
~o:np:e:lO:l of such repairs and the Lessor will nnmedlately refu11d the pro rata pan 01- any
rentals paid in advance by the Lessee prior to such destrUction. Should the premIses be
on 1 y pad)' destroyed, so that the major part thereof is usable by the Lessee, ther. the rental
shall abate to the extent that the injured or damaged part bears to the whole of such
premises and such injury or damage shall be restored by the Lessor as speedily as is
practlcable and upon the completion of such repairs, the full rental shall commence and the'
Lease shall then contmue the balance of the drm.
All VvTitter. notlces pursuant to this lease shall be forwarded to the followlr.g addresses:
Lessee:
Conch Cruisers, Inc.
Sal parrinello
1601 Bahama Drive.
Key West, Florida 33040
23.
Lessor:
Monroe County Public Works
FaCIlities Maintenance Department
3583 South Roosevelt Boulevard
Key West. Florida 33040
24. If any dIspute concerning this lease should arise b~tv.'een the Lessor and Lessee and whlch
results in litigation, the prevailing party shall be entitled to payment of ItS rc:asonable
25 The Lessee wll] be responsible for all necessary insurance coverage as mdlcated or. the
attorney's fees and costs associated with said litigation from the lOSing party
attached iorms identified as GIR, GL, WC1, VL, GLLlQ, ARP, and all other requIrements
iound to be m the best interest of Monroe County, as may be Imposed by the Monroe
COLL.,ry Risk Management Deparnnenr. All insura:1ce requIred coverages shall actively be
mal:1tamed durmg the lease term.
26. This lease shall be governed by the laws of the State of Florida. Venue for a:1Y disputes
ansing under this agreement shall be in a court of competent Junsdiction in Monroe
CaLL'll), Fionda.
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Shirley Freeman
MAYOR
530 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
305-292-3430
Fax 305-292-3577
boccfree@mail.state.n.us
MEMORANDUM
DA TE:
May 30, 2000
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TO:
Dent Pierce
Public Works
FROM:
Mayor Shirley Freeman ~
Renewal of lease at Salute
RE:
Sal would like to exercise his option to extend the lease at the Higgs Beach
restaurant for an additional five years in order to make improvements to the
property.
His present lease has approximately 3 12 years remaining.
Please review the situation and place the item on the agenda for the July
meeting, if appropriate.
I would like to know:
a. Do you recommend the lease be extended at this time?
b. Do you recommend any changes to the current lease?
c:..c.'. ~ Qd~l-~~Jit~CY\
tfhc Florida Keys - America's Caribbean Islands
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RECEIVED $--.30. 00
Mayor Shirley Freeman J ~
71 tiJ .
* RISTORANTE.SUL.MARE *
Mayor Shirley Freeman
Monroe County, Board of Commissioners
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Freeman,
SALUTE Restaurant at Higgs Beach has been open for eighteen months. During this time we
have learned many things including the fact that we can survive hurricanes ,and beach"
closings and assorted other calamities. We don't have to serve hot dogs to be successful
and that if you treat people well and provide a pleasurable atmosphere you will be rewarded
with repeat business and a loyal, appreciative clientele.
We've also learned that the building is tired and in need of some up-grading and TLC
including re-habilitation of the restrooms, the roof which leaks when it rains, the shed roof
beachside and replacement of the air conditioning system which was removed by the
previous tenant. Additional outdoor canopies and railings also need repair and or
replacement.
I am prepared to begin these improvements but with only three and a half years remaining
on the current lease it would not be prudent. Therefore I would like to exercise my option
for the additional five years in accordance with Paragraph Three of our lease dated August
12,1998.
I have enclosed an executed option for your review and ask that you present it to the full
Commission for their consideration.
//0)
Thci~~ou pnce again for your help,
/ ;' ~
Si I cerel ,
1!Wv{,
One Thousand Atlantic Boulevard Key West Florida 33040
305.292.1117
OPTION TO RENEW
In accordance with paragraph Three of the lease dated 12 August, 1998,
between the BOARD OF COUNTY COMMISSIONERS. MONROE
COUNTY. FLORIDA (Lessor) and 'Conch Cruisers Incorporated, (Lessee),
the option to renew is hereby granted.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY I FLORIDA
By:
Mayor/Chairman
Dated:
2000
CHAMBER
CHOWDER
- --------_,__,__.' __I
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APPEARANCE COMMITTEE SALUTES SALUTE RESTAURANT AT HIGGS BEACH
S;lhIlC.;lt }(lOO '\tl;lntic Blnl., offers dinCls
;In unl11;1tchcd ,'iew of the ocean frol11
their uniqlle heachfrolll location, Owners
~al and D3wn Parrinclhl arc proud to be hon-
ored wilh the Key \Vesl Chamber of
Coml11erce Appearance Coml11illee award
aher cOl11pleting ;I fj"e-nlllnth renovation pro-
ject on the restaurant. lmpro\'ements include a
new air-conditioning system. jllst in til11e for
Slll11l11er. lhough many regular patrons will
still prefer al fres((1 dining in the famolls "nat-
urally cooled" patio, Salutc also fealures a full
ser\'ice bar in addition to a well-rounded and
growillg wine list. The bar fits into the breezy,
casual dewr with a hand-p:lillled finish in
tropical colors, Specializing in Italian cuisine.
S:llutc's menu includes ilems [or e\'CT)' I:lSle
:lnd each dish is prepared with ca,dully select-
ed fresh ingredients. Open from II :30 AM 10
10:00 PM e\'CT)' day (l[ the year, il is :I greal
place to enjoy a delicil'us lunch or dinner in a
scenic location.
S:ll brings his exlensh'C experience to the
business. h:lving operated nine popular [ine
reslaurallls in the Chicago area. I lis simple [or-
mula [(lr success is gnod food nffered at a fair
price in a friendly atmosphere. The beach
restalll:lnt has de\'eloped a strong and loyal
10c:lI clientele, and the P:lrrinellns lire proud 10
he ahk to consider so many of Iheir customers
as personal friends. ^ look :It the mementos
and photos onlhe restauralll walls shows how
man)' valued associations Sal has fnrmed in 28
years as ;I reslaurateur. The Higgs beach loca-
I ion has seen :I number of different food ser-
\'ice eSl:lhlishments over Ihe years, bUI none
have corne close 10 the SUCLess of. Salute. In
spite o[ t\\'o hurricanes and last 'sull1mers
he:lch closings, business enntinues to grow.
Parrinello sa)'s he h:ls been constant I}' busy
since Sept em her. and he gives MOllloe County
a Suhsl:llllial part of the eredit. The restamant
property is in :I unique silll:ltion. lying within
cily limils, hilt owned hy the eoullly. Sat
ll1:1kes a point of saying what a good landlord
the county has been. genuinely wanting to see
lhem succeed and working with thel11 through
last year's tough times.
~:l1 first visited Key West while slill in mil-
itary sCl\'ice in 1965, He and Dawn visited fre-
quently, enjoying the famed Pier I louse hospi-
tality. unlilthe)' decided to move here perlna-
nenlly in 1991. He is originall)' from New
"Ylll k and Dawn was horn in Chicago, The cou-
ple h;ls lived in both cilies blll now prefer the
keys' casual styk and perfect weather. The)'
II1\'e their island style home on Ri\'iera C:lnal.
As his work day was beginning reccntl)'. Sal
said ''I'm silting outside here. looking at the
water. I lohie cats arc sailing h)' and people arc
pl:1)'ing volleyhall. I low ((luld it be any bel-
ter?" ..,
RECEIVED ,6--..io.,oo
Mayor Shirley Freeman
,I r
/'
Appearance Commillee Chairman Jack Martin,
left, presents award 10 Dawn Parrinello of Salute
Restaurant
MONROE COUNTY
PUBLIC FACILITIES MAINTENANCE
MEMORANDUM
TO:
FROM:
Suzanne Hutton
Assistant County Attorney G)
Ann Mytnik, Contract Mon' or /lv{..../
Public Facilities Maintenan e /'
DA TE:
June 8, 2000
RE:
Lease Agreement - Salute Ristorante SuI Mare
Attached you will find a memo from Mayor Freeman regarding extending the current
lease with Salute for approximately eight (8) years to enable the restaurant owner to
make improvements to the property, while securing his investment.
The current lease expires August 12,2003, with an option to renew for an additional five
(5) years.
Please review the attached lease for the feasibility of exercising the renewal option now,
as opposed to the year 2003. Is there any reason why the BOCC would be prevented
from extending the lease?
Your comments will be greatly appreciated. The possible renewal option would be
presented to the BOCC at their July 26, 2000 meeting.
Thank you for your time in this matter. If you have any questions or need additional
information, I can be reached at ext. 4549.
cc: Carlos Zarate
O~~r:~~~E
(305) 294~'
BOARD OF COUNTY COMMISSIONERS
MAYOR Shirley Freeman, District 3
Mayor Pro tem George Neugent f District Z
Wilhelmina Harvey, District 1
Nora Williams, District 4
Mary Kay Reich, District 5
Office of the County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
305/292-3470 - Phone
305/292-3516 - Fax
TO:
FROM:
Ann Mytnik, Contractor Monitor
Public Facilities Maintenance / ;J II,
Suzanne A. Hutton, Assistant County Attorney~ i4{/
June 12, 2000
DATE:
RE:
Lease Agreement - Salute Ristorante SuI Mare
I am in receipt of your June 8, 2000 memorandum in which you requested if
there is any reason why the County Commission cannot extend the existing
lease which expires on August 12, 2003 for approximately eight years to secure
an investment on proposed improvements to the property. You have attached
Mr. Parrinello's letter to Mayor Freeman requesting that the option for an
additional five years (which, according to paragraph 3, would be exercised by a
written notice no later than June 13, 2003) be exercised at this time to extend the
lease through August 11, 2008. I see no reason why this cannot occur.
It is always permissible to amend an agreement when conditions change as
long as it is done pursuant to the terms of the existing agreement, or, if there are
no terms which address changes to the contract or lease, in a lawful manner.
Most leases and contracts have a provision which says that they will not be
amended except in writing and with signatures of all parties. In this case, the
most relevant paragraph, no. 7, only addresses subleases and assignments and
that the terms of the agreement would bind any sublesees and assigns. There
being no specific language regarding amendment of the lease, it is lawful for the
County and the lessee to enter into amendments through a written document
signed by both parties. A proposed lease agreement is attached for your
convenience.
Please call if you have any questions.
SAH/ak
Enclosures
~~~~
fI \!
MONROE COUNTY
PUBLIC FACILITIES MAINTENANCE
MEMORANDUM
TO: Mayor Shirley Freeman
FROM: Carlos Zarate, Sr. Director
Public Facilities Maintena c
DATE: July 5, 2000
RE: Salute Ristorante SuI Mare
Regarding your inquiry dated May 30, 2000, with respect to the lease extension of the
above mentioned restaurant at Higgs Beach, the [oIlowing information is rendered
A The lease has been reviewed by our County Attorney's office, and meets legal
sufficiency far extension, (Please see attached spreadsheet indicating revenue
generated throughout the proposed lease term,)
B. Recommend language be inserted in the amendment to provide provisions Ic)r any
future relocation of the restaurant with respect to the ovcraIl Mastcr Plan currently
being considered
Lease extension will appear on the July 26 BOCC agenda for consideration and approval
If you have any questions or need additional information, please call me at ext. 443 I.
cc: Commissioncr ) 1arvey
Commissioner Neugent
Commissiolll'r Williams
Commissioner Reich
James L. Roberts
C. Dent Pierce
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T'~ OF LIABILITY INSLrA. .CEi~~~l D~~~~~
THIS CERTIFICATETs ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE -
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
ACORCt
CERTIFIC
PRODUCER
The Johnsons Insurance Agency
13361 OVerseas Highway
Marathon FL 33050
Jonathan H. Diamond
Ph,-'!.'!..No 305-289-0213 Fax No
INSURED
-
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Conch Cruisers Inc DBA Sa1ute
1000 At1antic B1vd .
KEY WEST FL 33040
,
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I COMPANY
: A
COMPANY
B
National Insurance Company
COMPANY
C
summit Consu1ting
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW AAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION
LTR ! OATE (MMlDDIYY) I DATE (MMlDOIYY)
A
GENERAL UABILITY
I---
X COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE ~ OCCUR
X OWNER'S & CONTRACTOR'S PROT
-
-
AUTOMOBILE LIABILITY
-
-
ANY AUTO
I---
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
f-
f-
f-
f-
GARAGE UABILITY
f-
Am AUTO
f-
i--
B THE PROPRIETOR(
PARTNER~CUT1VE
OFFICERS ARE.
OTHER
I
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nlNCLI
II EXCL I
I
I
EXCESS LIABILITY
I UMBREllA FORM
I OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION ANO
EMPLOYERS' LIABILITY
CLP00008589000
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08/28/99 08/28/00
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01/25/00 i 01/25/01
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LIMITS
GENERAL AGGREGATE IS 1,000,000
PRODUCTS-COMPIOPAGG IS 1,000,000'
PERSONAL&ADVINJURY S 1,000,000
EACH OCCURRENCE $ 1,000 ,000
FIRE DAMAGE (Anyone fire) S 100,000
MEDEXP(Anyone~on) S 5,000
I
COMBINED SINGLE LIMIT I s
BODILY INJURY $
(Per person)
BODILY INJURY S
(Per accldant)
PROPERTY OAMAGE 1$
AUTO ONLY- EA ACCIDENT 1$
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE I $
EACH OCCURRENCE i $
AGGREGATE I S
1$
I WC STATU- I 10TH-'
TORY LIMITS ER I
EL EACH ACCIDENT 1$500000
ELDISEASE.POLICYLIMIT ! $ 500000
I EL DISEASE. EA EMPLOYEE is 500000
I
OESCRIPTlON OF OPERA nONSlLOCA nONSlVEHICLESlSPECIAL ITEMS
Restaurant with liquor 65% food/25% liquor / Monroe county Board of County
Co~ssioners is an additiona1 insured and certificate ho der
CERTIFICATE HOLDER
052021787
MONRO 15
Monroe County Board of
County Commissioners
5100 Co11ege Rd
Key West FL 33040
ACORD 25-5 (1195)
'-) \. I _ '\ ';.-"
. -)f "<....l. . J...._
--~
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-,
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CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POL f!F~~f/'~~q,~~~ tHE
EXPIRATION OATE THEREOF. THE ISSUING CO 1o/'!'~'1I"'LENoeAVQIUC:....~~
~ OAYS WRnTEN NOTICE TO THE CERl1FI ....rJE/oo TO rd ' E
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIL
OF AN~ON ~ANY ITS AGENTS OR REPRESENTATIVES
AUTHORIZED ~PRESENTArVEj. _ \
I,.. ') ',' l,-..:>" '- .. L
JonathanLH. Di~ond
.. ACORD CORPORATION 1988
I
\ \'
:,'/ Ij i -. ",
/ "L(,
-- EVIDENCE OF PROPERTY INSURANCE DATE (Mf,W0IVY1
ACORD. CSR ItC fJ8/27/9a
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED. IS IN FORCE, AND CONVEYS ALL THE
RIGHTS A~lO PRIVILEGES AFFORDED UNDER THE POLICY, -
PliOlXJCER I=::~ 30S-2Sg-021]' COMPANY
The Johnsons Insurance Agency Nova Casualty Company
13361 Overae~3 Highway POBOX 520953
Marathon FL 050 Miami FL 33152-0953
LINDA HOLMES
CODE: 1 sue CODE:
~~R 10 I: CONCH-6 --
INSURED LOAN NUM8ER I POLICY NUMBER
Conch Crui.ers Inc
Mr. Sal Parrinello EFFEC~tM DATE I EXPIRATION DATE I n CONTINUED UNTIL
~ 08/28/98 08/28/99 TERMINATED IF CHECKED
THIS REPlACES PRIOR EVIDENCE DATED:
I
~ROPERT'! INFORMATION
.000TIONiDESCRIPTION
J01
1 story, CBS, Mercantile Building
1000 Atlantic Blvd occupied a. a re.taurant I
~ey Weat FL 33040
:OVERAGE INFORMATION -
COVERAG~ER~~ORMS AMOUNT OF INSURANCE OEOUCTl8lE
building improvement. and betterments (Special ) 25,000 I 1000
:on ten ts coverage in Restaurant (Special) 50,000 1000
3usiness Interruption (25\) 50,000 25\ 1000
3uilding coverage (Special) 150,000 1000
~orm Excludes Theft and Windstorm and Flood
~overages
,
~EMARKS (Including Speclal Conditions)
:ANCELLA TlON
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW DAYS
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
,DDlTIONAllNTEREST
AME AHD ADDRESS ---1 MORTGAGEE ~ ADDITIONAL INSURED
LOSS PAYEE
MONROE COUN'l'Y BOARD 01' LON" -
COUN'l'Y COHHI88IONZRS
5100 COLLEGE an AUTHORIZEO Rli.PRESENTATIVE
~ey West FL 33040 ..., 'hi ..
I LINDA HOLMES ~~~--~-
,CORD 27 (3193) .. ACORD CORPORATION 1993
-.- -