Item S05
.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Division: County Attorney
Bulk Item: Yes No
Department: County Attorney
AGENDA ITEM WORDING:
I. Approval of abatement of rent.
2. Determination of amount of abatement.
ITEM BACKGROUND:
Lessee, Conch Cruisers, Inc., has requested abatement of rent during the time periods when Higgs
Beach has been closed due to poor water quality. Higgs Beach was closed June I through August
17,2000. Monthly rent was $4,583.33 June and July. In August, the monthly rent increased to
$4,910.00. Note: Although the contract amendment was prepared for 100% abatement, Lessee
notes that business was never off by more than 90%.
PREVIOUS RELEVANT BOCC ACTION:
Abatement of rent from October 1998 inception of rent payment obligation to January 21, 1999,
due to closure for repairs after Hurricane Georges. Abatement of rent from June 11, 1999
through December 28, 1999 due to beach closing. Consideration and tabling of Lessee's request
to exercise the additional five year lease option although lease still had, at time of request, 3 1/2
years to run in order that Lessee be assured of lease before investing in improvements.
STAFF RECOMMENDATION:
Not available at this time.
TOTAL COST:
BUDGETED: Yes_ No_
Cost to County:
APPROVED BY: County Attorney _ OMB/Purchasing_ Risk Management_
DIVISION DIRECTOR APPROVA~~
James T. ~ Attorney
DOCUMENTATION: Included_ To Follow_ Not Required_
AGENDA ITEM #
I-S6
SECOND AMENDMENT TO LEASE AGREEMENT
(Higgs Beach Concession /Restaurant)
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) in order to amend that certain
Lease Agreement entered into between the parties dated August 12, 1998.
WHEREAS, the Lessee leases the Higgs Beach Restaurant and Concession from
Lessor; and
WHEREAS, Lessor has previously abated rent for loss to business resulting from
Hurricane Georges damage and prior beach closing; and
WHEREAS, Lessee has requested an abatement of rent for the period from
June 1, 2000 through August 17, 2000, due to poor business while Higgs Beach was
closed; now, therefore,
IN CONSIDERATION of the promises contained herein, the lease dated August
12, 1998, as previously amended, is hereby amended as follows:
I. The Lessor hereby grants an abatement of rent.
O~ (..Gfr.f
2. The rent paid by Lessee for the period of June 1, 2000 through August 17,
2000 shall be applied to rent due for subsequent months. The sum of rent
already paid for the period June 1, 2000 through August 17, 2000 is
f $11,859.24. This amount shall be applied as follows:
September
October
November
$4,910.00
$4,910.00
$2,039.24
3. Lessee shall pay to Lessor by November 1,2000, the sum of $2,870.76 for
the month of November.
4. Regular monthly rent payments will resume effective December 1, 2000,
and continue each month thereafter through the end of the five-year lease
term.
.~ ~.) ~~all other respects, the original lease agreement between the parties dated
',,_' ~.. # A'lgust 12, 1998, as previously amended, remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this amendment to be
executed as of the day and year first above written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Witness
CONCH CRUISERS, INe.
Witness
By
Sa! Parrinello
rj leaseamendconchcruisers
FROM : MOTOR
PHONE NO. : 7440023
Sep. 04 2000 09: 16RM P2
. ... 1
.t.4'~ ·
* RISTORANTE.SUl.MARE ..
July 7, 1999
Jim Hendrick
Monroe County Attorney
502 Whitehe4d Sfreet
key West, Florida 33040
Re: Conch Cruisers Inc.
Oeclr Mr. Hendrick
As you know, we h<M: a wry serious problem with WQter pollution on Higgs 8eGch. The Beclch
has been posted since June 1.t, arid attendance is at an all time low.
This drastic drop in activity on the beach has resulted in dewstation to our busiheS$. to the
point that I .m have to lay off runerous staff members or not pay rent or utilities.
Other concessions on the beach, wheh there is no bu$iness, ~ a right to close. Salute
must remain open from 7am to lOpm, 365 days a year, under the terms of our 'f!QSe.
TheI ~(ME I om asking that you be kind enough to sponsor I"eht abatement during periods of
beach closure. We experieneed Q severe and immediate drop in business when the publici1y
surrounding the contamination was released. Sales contirwe to be off by Q$ much as 9O'X,.
~ent abatement would enable Salute to retain OUr staff and continue operoting during this
period of minimal income.
PIe4se be kind enough to bring this up at the next Commission meeting since time is very
critical. Any consideration that 1ite Board woukl9i~ Salute would be greatly apprec;iated.
Sincerely yours,
Sal J. Parrinello
Ene.: Proposed Amendment
One Thousand Atlantic Boulevard Key West Florida 33040
305.292.1117