Item C14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_ ,,1arch 21, 2001
Division:
Public Works
Bulk Item: Yes .-2\_
No
Department: Facilities Maintenance
AGENDA ITE VI WORDING:
At the request 0:' the Lessee, approval is requested to amend section #23 of Lease Agreement with
Conch Cruisers. I nc. to reflect:
All written notil ::s pllrsuant to this lease shall be forwarded to the following address:
Susan M. Cardc nas
Attorney at La",
221 Simonton Street
Key West, FL ~;3041)
ITEM BACKGROUND:
On August 1 ill 19()8, Monroe County entered into a Lease Agreement with Conch Cruisers, Inc. to
lease Higgs Beach R ~staurant.
PREVIOUS RI':VE LANT BOCC ACTION:
None
CONTRACT/J\.GR r':EMENT CHANGES:
Lessee Represcntati\ e/ Attorney as point of contact/documentation
STAFF RECOMMENDATIONS:
Approval as stated 8)Ove.
TOTAL COST:
nla
BUDGETED: Yes
No
COST TO COUNTY:.__ n/a_
REVENUE PRODf JCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DEPARTMENT H IcAD APPROV AL:~~."""
CARLOS ZARATE
fJd;C -
DENT PIERCE
DIVISION DIHECTOR APPROVAL:
DOCUMENTATI(lN:
Included
x
To Follow
Not Required
AGENDA ITEM #1i.L If
DISPOSITIOI\ :
Revised 2/27/0 I
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* RISTORANTE-SUL-MARE *
March 6, 2001
Mr. Carlos Zarate
Monroe County Public Works
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West FL 33040
Dear Mr. Zarate,
Please direct any issues with the Conch Cruisers, Inc. lease to its lawyer:
Susan M. Cardenas
Attorney at Law
221 Simonton Street
Key West FL 33040
305.294.0252
Thank you.
Sincerely,
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Susan M. Cardenas 1 -. ~
One Thousand Atlantic Boulevard Key West Florida 33040
305.292.1117
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SECTION THREE
NEGOTIATED LEASE AGREEl'tlENT .
THIS lease, entered into on the.llili day of h.u~ust. 1998. by and berween the BOA.RD OF
COUNTY COM:MISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and Conch
Cruisers. Ine.. Sat Parrinello....(Lessee), whose address is 1601 Bahama Drive. Key West.
ElDrida. 3304Q.
The parties to this lease hereby agree to the following:
I. This lease evidences the grants. covenants and agreements mad~ 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: includmg
exclusive use of all existing facilities, restaurant, bath house, and storage
areas, to have the exclusive right to provide and maintain a full servlce
concession/restaurant, such as furnish food and beach concession
anc provide janitorial services to the public rest rooms inclusive of opeOlng and closing and
surplying 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 operatmg and
maintaining a fun service concession/restaurant at Clarence S. HIggs Memonal Beach.
Key West. Monroe COlUlty. Florida. for a term offive (5) years. said concession/restaurant
to be located at ,the concrete building noW situated upon said beach. and in as is condition.
Square footage anocations shan be limited to the interior and enclosed patio area as
referenced in Exhibit "A".
3. The Lessee may exercise an option to reneW this lease for an addinonal flYe (5) years with
wrinen consent of the Board ofColUlty commissioners. by giving Lessor wrinen 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:
Y<;lLQn~ (1 ~ Monthly rent $4.583.33 ($55.000.00 per year)
X<W l>vo (2) thrp five (5): Monthly rent $4.910.00 ($58.920.00 per year)
The contractlagreement (lease) amolUlt agreed to herein may be adjusted annually in
accordance with change in the Consumer Price Index (CPl). NatIOnal Index for Wage
Earners and Clerical Workers. and shall be hased upon the annual average CPI
computation from January I through December 31 of the previous year
A. U pan execution of this lease and prior to the Lessor's de Ii very of the premises to
Lessee. Lessee shan deliver to the Lessor the sum of $50~3,n. for the first
month.s rent and damage deposit of $500.00 and an irrevocable 1 erter of credit
from a i ocal bar": in the amount of $4.910 for the lest month's rent. Lessor shall
not be required to post bond securing said advance rent or deposit
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The first month's rent, paid in advance, shall be for the month of October.
l22B.. 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 observance of Lessee's covenants herein, Lessee
shall have quiet enjoyment and peaceable possession of the premlses during the term of
this lease. In the event the county elects to maintain andlor improve its propertJes in the
vicinity oftne leasehold herein, either by necessity, or by choice, such activIty \vill 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 7:00AM-1 0:00PM, 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 l3.5-3(2)(C).
B. To furnish the necessary equipment, furnishing 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
remove said moveable equipment or furnishings within ten (10) days after
termination of this lease, said items shall then become the property of the
B.
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 the regular 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.
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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 Comm' .-
. ,. Issloners lor
Monroe County. The terms of this agreement shall be binding on the heirs, executors
admlnlstralors, sub-lessees and asSignS ofLessee, which shall not be umeasonably ,
withheld.
It IS hereby covenanted, stipulated and agreed by and between the partles hereto that there
shall, during the said demised tenn, be no mechanic's liens upon the concesslOnJrestaurant
or improvements thereto; in case of any attempt to place a mechanic's hen on premIses,
the Lessee must payoff the same; and that if ~efault inpayment thereof shall continue for
thIrty (30) days after written notice, said Lessor shall have the right and pnvilege, at its
option, to pay off the same or any portion of the same, and the amount so paJd, including
expenses, shall, at the option of the said Lessor, be so much additlOnal rent due from said
Lessee at the next rent due after such payment, with interest at the rate establ1shed by the
Comptroller under Sec. 55.03, F.S., for the year in which the payment oecame overdue
~othmg m thIS paragraph is to be read as a waiver or authorization "oy the CO"Jnry or lts
constitutlonal and statutory immunity and right to have its property free of st.'ch liens
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9. Alcoholic beverages may be sold within the enclosed restaurant and patlo only, upon "
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acquisitlon and maintaining proper licenses from local, state, and federal agencies. No
carry-out sales of alcoholic beverages is pennitted. Sale!i and consumption of alcoholic
8.
!. beverages must cease by 10:30 P.M.
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1 O. Entertamment m~ybe provided only in the enclosed restaurant and patlO area ?...'1)'
entenamment must be acoustic soft background music and must cease by 10 30 P,M
11. Lessee shall be responsible for and provide all licenses reqUIred by oll iocal, state and
federal agencIes, including Department of Health,
I 2, It IS ex pressly covenanted between rhe parties hereto that the Le ssee w:!! not use, suffer
nor pennit any person to use m any manner whatsoever rhe said demIsed property, nor any
porn on t1!ereof. for purposes calculated to injure the reputation of the premises or of the
n"ghbonng property, nor for any purpose or use in violation of the laws of the United
SIO"5 0, of the Srate ofFlonda, or ofth~ ordinances of Monroe County, Flonda and that
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,oe Lessee WIll keep and save the Lessor forever hannless from any per,alty or damage 0'
charges lmposed for any vlOlanon of any sald laws, whether occaslO"ed by neglect of
Lessee, and that said Lessee will mdemnify and save and keep hannless the Lessor agamst
and f;om 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 premises, or any part thereof, by the Lessee.
It is further agreed that in no case shall the Lessor herein be liable, under any express or
Implted covenants in rhislease agreement, for any damages whatsoever to the Lessee
beyond the rent reserved by tile Lease agreem'"" accruing, for the act, or breach of
covenant, for whlch damages may be sought to be recovered agamst said Lessor, and that
m the event saId Lessee shall be ousted from the possession of sald 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 whlle
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he IS SO deprived oithe possession of said property, and that said Lessor shall not incur any
liability of such ouster..
,.:), It IS further mutually covenanted and agreed between the parties hereto that no waiver of a
breach of any of the covenants of tills 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 otherwlse shall
observe and obey all lawful rules and regulations which may from tlme to tlme during th.e
tenn 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 nonnal 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 condnion, and not to
mamtain or keep upon said premises any properties or equipment not used In connection
with the operation of said busmess, unless authorized by the Lessor to do so
I - The Lessee agrees not to make any major alterations to the building located 0;; saId
premises, without first obtaining vmtten consent of the Lessor to do so, WhiCh w1l1 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 constnlction. 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 w111 keep the
premIses clean at all times and must meet all requirements for food handltng as required
by the Monroe County Departmerlt of Health. All site improvements shall be pre-
approved by the Monroe County Board of County Commissioners.
19. The Lessee shall be responsible for applying and obtaining all pennns necessary by all
local, state, and federal agencies.
20. Lessee covenants and agrees to indemnify and hold harmless Monroe Coenty Board of
County Commissioners from any and al1 claims for bodily injury (inclllding death),
personal Injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attomey's fees) whICh arise out of, in
connec:!on w!th, or by reason of the Less~e utilizing the property governed by this
IM",ental agreement. The extent of liability is in nO way limned to, reccced, or lessened
by the msurance requirements contained elsewhere within this agreeme:;:.
2\. X I property of any kind that may be on the premtses during the con nn canee 0 f thIS Lease
shall be at the sole risk of the Lessee, the Lessor shall not be liable to the Lessee or any
0"" person for any mJury, loss, or damage to property to any person on the premises.
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22. In the event that the demised premises, or the major part thereof are destroyed by 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 fonvarded to the following addresses:
Lessor: Lessee:
Monroe County Public Works Conch Cruisers, Inc.
Facilities Maintenance Department Sal Parrinello
3583 South Roosevelt Boulevard 1601 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 !ts reasonable
anorney's fees and costs associated with said litigation from the losmg parry
25. The Lessee will be responsible for all necessary insurance coverage as mdlcated on the
anached fonus identified as GIR, 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
main tamed during the lease tenu.
26. This lease shan be governed by the laws of the State ofFlonda. Venue for any dISputes
arising' under this agreement shall be in a court of competent jurisdiction in Monroe
County, Florida.
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