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Item C14BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Februan• 2 L 2001 Bulk Item: Yes: X No: Division: Public Works Department: Facilities Maintenance Agenda Item Wording: Approval authorizing Conch Cn►iscr's Inc. (Higgs Beach), to make site improvcmcnts as outlined under sections 17. 18 & 19 of the Lease Agreement. contingent upon obtaining all applicable City. County. Stale and Federal permits. I. Installation of a Tiki Hut to sell beverages (NO ALCOHOLIC BEVERAGES PERMITTED); 2. Installation of a fence around the back door, restrooms. ice machine and liquor storage of the restaurant: 3. Reinstall front door canopy. (Sec site plan attached.) Item Background: On August 12. 1998. Mourne County entered into a Lease Agreement with Conch Cruisers. Inc. Accordingly. Section 18 of the Lease Agreement stales "All site improvcmcnts shall be prcapproved by the Monroe County Board of Counly Commissioners". Previous Relevant BOCC Action: None Staff Recommendation: Approval contingent upon Lessee abiding by all sections of Lease Agreement and obtaining all applicable Cit}', County, State & Federal pcnnits as required. Total Cost: $0.00 Budgeted: Yes: N/A No: N/A Cost To Counh: $0.00 Cost Center: Revenue Producing: Yes: _No _ Amount per Month: $ Year: Approved By: County Ally: OMB/Purchasing: Risk Mgmt: Item Prepared By: iflwK los Zarate. Directory of F ct►es Maintenance Division Director Approval: Dent Pierce. Director of Public Works Documentation: Included: X Disposition: To Follow: Not Required: • Agenda Item #: January 4, 2001 Mr. Carlos Zarate Monroe County Public Works Key West FL 33040 Dear Mr. Zarate, I would like to request permission to upgrade the property at 1000 Atlantic Boulevard in the following three areas: 1. A tiki bar to better accommodate the beach patrons with the services of our restaurant. (See Orange section of diagram) 2. Place a fence around the back door, restrooms, ice machine and liquor storage of the restaurant. This will give us more control of the comings and goings to the building, ice machine & restrooms, along with more security for the storage area. (See Blue section of attached diagram) 3. Reinstall front door canopy destroyed during Hurricane Georges. (See Pink section of attached diagram) I would like to complete these projects by April 15th, 2001. With your approval I will obtain the necessary permits. Please let me know should you require additional information. I appreciate your assistance. Sincerely, Dawn M. Parrinello One Thousand Atlantic Boulevard Key West Florida 33040 305.292.1117 O IS'1t.FT - • � 0 P L 4 - p►,�►►�Cs- A(�A q`t0• i D►«��wXs / N sq --. 4- ID ooA�L �,H SYo, 8 sQ• FT. g-o 8•0 � � N- Mt� ►s. o•� ,,,�K-tom t 5R• FT �• FT. © ® G® I , i:+`0, . O O . o o Fit(�GS B�Ae�1 y� 0 5.3, 1 � � 3,�a�_ 3 c.o,.�C� SS �v►-� �Ac�VT.� Cs►t�s �>aLtza .�07 tNet�►o+�D� sttt. Stzx tt,�� 1/$�t R j�-ot� sCALL. SECTION TBREE NEGOTIATED LEASE AGREEMENT THIS lease, entered into on the I= day of AliP,usL-1998, by and between the BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and Conch bruisers Ind,, Sal Parrinello (Lessee), whose address is 1601 Bahama Driv�KWey West. Florida 33040. The parties to this lease hereby agree to the following. 1. This lease evidences the grants, covenants and agreements made between the parties with reference to the following described premises and as further identified in Exhibit "A". Clarence S. Higgs Memorial Beach, Key West, Florida - including 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 and provide janitorial services to the public rest rooms inclusive of opening and closing and supplying paper products at Clarence S. Higgs Memorial Beach and maintain all equipment necessary for the operation of these facilities. 2. The Lessor hereby grants 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, said concession/restaurant to be located at the concrete building now situated upon said beach, and in as is condition. Square footage allocations shall be limited to the interior and enclosed patio area as referenced in Exhibit "A". The Lessee may exercise an option to renew this lease for an additional five (5) years with written consent of the Board of County Commissioners, by giving Lessor written notice of their intention to exercise said option within sixty (60) days previous to the expiration of the original five (5) year term. 4. The Lessee, in consideration of the foregoing rights and privileges, does hereby covenant with the Lessor to pay rental fees as follows: Year one (11: Monthly rent S4,583.33 ($55,000.00 per year) years nvo l2LLthru five (51: Monthly rent S4,910.00 ($58,920.00 per year) The contract/agreement (lease) amount agreed to herein maybe adjusted ara4uually in accordance with change in the Consumer Price Index (CPI), National Index for Wage Earners and Clerical Workers, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. A. Upon execution of this lease and prior to"the Lessor's delivery of the premises to Lessee, Lessee shall deliver to the Lessot• the sum of S5083.33, for the first month's rent and damage deposit of $500.00 and an irrevocable letter of credit from a local bank in the amount of S4,910 for the last month's rent. Lessor shall not be required to post bond securing said advance rent or deposit. B. The first month's rent, paid in advance, shall be for the month of October. 1998, Rent shall be due on the first day of each and every month thereafter, rent being payable in advance during the term of this lease. Lessee may assume occupancy as of August 13 1998 for the purpose of coordinating demolition and renovation improvements, conditioned upon his full compliance 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 utility charges, including but not limited to electric, water, sewer, and solid waste 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 conditioned on Lessee's performance and observar-cc 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 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 7:00A M-10:00PM, and shall not exceed the established beach hours in as specified in Monroe County Ordinance 13.5-3 (2)(E).. Public rest rooms shall be opened at 7:00AM and closed at sunset, Monday -Sunday, including holidays, 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 furnishingJ'shaIIfe aim, the property of the'Lessee and maybe removed from thepremises by Lessee' at the termination' -of this lease agreeinent,'with Lessor's consent"If Lessee fails"$+ remove said moveable equipmentor furnishings within ten (10) days after ` termination of this lease, said item�'shall then become the property of the Lessor. C. Lessee shall provide full janitorial services for the public rest rooms inclusive of providing all janitorial supplies and paper products. Janitorial service frequency shall be on a daily basis to ensure rest rooms are maintained clean and sanitary. Rest rooms are to be inspected during theiiegular business day to ensure supplies are available and facility is clean and properly sanitized. D. Lessee shall maintain a City and County Occupational License during the period of this lease. E. Lessee agrees to keep the leased premises in a safe, clean, and well -maintained 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. 2 7. It is agreed by the parties hereto that Lessee may elect to sub -lease or assign the lease, agreement only upon previous written consent of the Board of County Commissionersl,.M Monroe County. The terms of this agreement shall be binding on the heirs, executors, administrators, sub -lessees and assigns of Lessee, which shall not be unreasonably withheld. S. It is hereby covenanted, stipulated and agreed by and between the parties hereto that there shall, during the said demised term, be no mechanic's liens upon the concession/restaurant or improvements thereto; in case of any attempt to place a mechanic's lien on premises.' the -Lessee must pay off the same; and that if default in payment thereof shall continue fdr thirty (30) days after written notice, said Lessor shal11 l have the right and privilege, at its; option, to pay off 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 additional rent due from said 'Lessee at the next rent due after such payment, with interest at the rate established by the Comptroller under Sec. 55.03, F.S.; for the year in which the payment became overdue. Nothing in this paragraph 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. 9. '1Xlcbh6lic beverages may be sold withiir the enclosed restaurant and patio only, upon acquisition and maintaining proper licenses from local, state, and federal agenctes� o 'carry -out sales of alcoholic bcvcrages'is permitted Sales and consumption of alcoholic 7 beverages must cease by 10:30 P.M. , 10. Enteriainment may be provided only in the enclosed restaurant and patio area. Any entertainment must be acoustic soft background music and must cease by 10J0 P.M. 11. Lessee shall be responsible for and provide all licenses required by all local, state and federal agencies, including Department of Health. 12. 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 said demised property, nor any portion thereof, for purposes calculated to injure the reputation of the premises or of the neighboring property, nor for any purpose or use in violation of the laws of the United States, or of the State of Florida, or of the ordinances of ;.lonroe County, Florida and that the Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any said laws, whether occasioned by neglect of Lessee, and that said 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 propeq whomsoever or whatsoever, and due directly or indirectly to the use of the premises, or any pail thereof, by the Lessee. 13. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in this 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 3 he is so deprived of the possession of said property, and that said Lessor shall not incur any liability of such ouster. I 14. 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. 15. 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 said beach. 16. The Lessor reserves the right hereunder to enter upon the premises at any reasonable time during normal beach hours for the purpose of inspecting said premises, and the Lessee hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to 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. 17. 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 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 be responsible for obtaining any permits required by any, -'governmental agency. 18. The Lessee shall be responsible for maintaining the st ucture. The Lessee will keep the premises clean at all times and must meet all requirements for food handling as required by the Monroe County Department of Health;` -,)All site improvements'shall be pre - approved by the Monroe County Board of County Commissioners. 19. The'iressee shall be responsible for applying and obtaining all permits necessary by all 44 local; state, and federal agencie$:'" 20. Lessee covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners froth any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed by this lease/rental agreement. The extent of liability is in no %vay limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 21. All property of any kind that may be on the premises during the continuance of this Lease 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 to any person on the premises. 4 22. In the event that the demised premises, or the major part thereof are destroyed Iby fire, storm, or any other casualty, the Lessor at its option 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 rata 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 or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. 23. All written notices pursuant to this lease shall be forwarded to the following addresses: Lessor: Lessee: Monroe County Public Works Conch Cruisers, Inc. Facilities Maintenance Department Sal Parrinello 3583 South Roosevelt Boulevard I601 Bahama Drive. Key West, Florida 33040 Key West, Florida 33040 24. If any dispute concerning this lease should arise between the Lessor and Lessee and which results in litigation, the prevailing party shall be entitled to payment of its reasonable attorney's fees and costs associated with said litigation from the losing party. 25. The Lessee will be responsible for all necessary insurance coverage as indicated on the attached forms identified as GI?,, GL, WC1, VL, GLLIQ, ARP, and all other requirements found to be in the best interest of Monroe County, as may be imposed by the Monroe County Risk Management Department. All insurance required coverages shall actively be maintained during the lease term. 26. This lease shall be governed by the laws of the State of Florida. Venue for any disputes arising under this agreement shall be in a court of competent jurisdiction in Monroe County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents 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 APPROVED AS TO FORM AND L SUFFICIEN Y BY A �Y/TON DATE \ 5