Item C31
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY (ADD ON)
Meeting Date: May 16 & 17
Division:
Public Works
Bulk Item: Yes -L
No
Department: Facilities Maintenance
AGENDA ITEM WORDING:
Approval of the Third Amendment to the Lease Agreement between Monroe Comity Board of County
Commissioners and Conch Cruisers, Inc., to increase the rent by $1,162 per month to cover the cost of
the County providing janitorial services and opening and closing the public restrooms.
ITEM BACKGROUND:
The First Amendment to the lease was approved on February 10, 1999. The Second Amendment to the
lease was approved on September 20,2000. .
PREVIOUS REVELANT BOCC ACTION:
August 12, 1998, Monroe County entered into a Lease Agreement with Conch Cruisers, Inc. to lease
Higgs Beach Restaurant.
CONTRACT/AGREEMENT CHANGES:
Paragraph 4 shall be amended to provide, as of the date this Agreement, that monthly rent shall be
increased by the sum of $1,162.00 per month to cover the cost of the County providing janitorial
services and opening and closing the public restrooms. Paragraph 6(a) shall be amended to delete the
second sentence, such that the subgraph provides only:
To keep open such concession/restaurant Monday through Sunday, including holidays,
from 7 AM to 10 PM, and shall not exceed the established beach hours specified on
Monroe County Code, Sec. 13.5-3 (2) (e).
Paragraph 6 (c ) shall be deleted.
STAFF RECOMMENDATIONS:
Approval as stated above.
TOTAL COST: n/a
BUDGETED: Yes
No
COST TO COUNTY: n/a
$4.910.00 (Current Rent)
+$1. 162.00(Janitorial Serv.)
AMOUNT PER MONTH $6.072.00 Year $72.864
REVENUE PRODUCING: Yes -K- No
-
DIVISION DIRECTOR APPROVAL:
OMBw~XX
DENT PIERCE
APPROVED BY: County Atty. XX
DOCUMENTATION:
Included
x
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # / -C3 /
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Conch Cruisers, Inc.
Contract #
Effective Date: April 12, 2001
Expiration Date:
Contract Purpose/Description:
Approval of the Third Amendment to the Lease Agreement between Monroe County
Board of County Commissioners and Conch Cruisers, Inc., to increase the rent by
$1,162 per month to cover the cost of the County providing janitorial services and
opening and closing the public restrooms.
Contract Manager: Beth Leto
(Name)
4560
(Ext.)
Stop # I
(Department/Stop #)
for BOCC meeting on
May 16, 2001
Agenda Deadline: May 2, 2001
CONTRACT COSTS
, $1 0\, <i(P~
Total Dollar Value of Contract: $60,082-
Budgeted? YesD No D Account Codes: _-_-_-_
Grant: $
County Match: $
Current Year Portion: $
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e . maintenance, utilities, 'anitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Needed /' /J R~~
YesDNoQ ~~ ~
.r/ll/.I YesDNo~~, W~~ S'
5/1 (/01 YesD Now~-1~ a ~
Date Out
Date In
County Attorney
YesD NoD See Attached
Risk Manage~nt
~.lPur&~
Comments: Pv.~ i/lJJJ C' Oyv/y C',-<!...---t 4- ,a--<....V./! '6 /.UY ail 0.. m I' /1.c:&-
ItU L.-h hi ati tt ('tt! .17 I
.
OMB Form Revised 2/27/01 MCP #2
THIRD AMENDMENT TO LEASE AGREEMENT I
(Higgs Beach Concession/Restaurant)
THIS LEASE AMENDMENT entered into the day of , 2001, by and between
the Board of County Commissioners, Monroe County, Florida (Lessor) and Conch Cruisers, Inc., (Lessee).
WHEREAS, the parties did enter into a lease on August 12, 1998; and
WHEREAS, said Lease has been amended twice; and
WHEREAS, said Lease provides in Paragraph 6(a) to open public restrooms from 7 AM to sunset
seven days a week year round, including holidays; and
WHEREAS, paragraph 6(c) of the Lease provides for Lessee to provide full janitorial services for the
public rest rooms including providing all janitorial' supplies arid paper products; and
WHEREAS, said janitorial services are to be provided on a daily basis to ensure restrooms are clean
and sanitary; and
WHEREAS, said Lease makes no separate provision for a.djustments or action other than termination
of the Lease for breach of covenants under Paragraph 5, which conditions Lessee's possession upon
performance and observance of Lessee's covenants; and
WHEREAS, said Paragraph allows the County to maintain the property but does not provide any
penalty for Lessee's failure to do so; and
WHEREAS, numerous complaints and bad inspection reports have been generated as a result of
Lessee's failure to keep the restrooms open the requisite number of hours and failure to keep the public
restroom clean and sanitary; and
WHEREAS, the County deems it necessary to the sanitation of the public restrooms, thereby
affecting public health and safety, to clean the restrooms; and
WHEREAS, Lessee is willing to relinquish responsibility for the public restrooms and increase the
:monthly rental fee to cover the County's cost of assuming such responsibility; now, therefore
IN CONSIDERATION of the promises contained herein, the lease dated August. 12, 1998, as
previously amended, is hereby amended as follows:
1. Paragraph 1 is amended to read:
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 restaurant
facilities and storage areas, to have the exclusive right to provide and maintain a full service
concession/restaurant such as furnishing food and beach concession at Clarence S. Higgs
Memorial Beach and maintain all equipment necessary for the operation of these facilities.
2. Paragraph 4 shall be amended to provide, as of the date of this Agreement, that monthly rent
shall be increased by the sum of $1,162.00 per month to cover the cost of the County providing
janitorial services and opening and closing the public restrooms.
3. Paragraph 6(a) shall be amended to delete the second sentence, such that the subparagraph
provides only:
To keep open such concession/restaurant Monday through Sunday, including holidays, from
7 AM to 10 PM, and shall not exceed the established beach hours specified in Monroe County
Code, Sec. 13.5-3(2)(e).
4. Paragraph 6(c) shall be deleted.
5. The remaining provisions of the original lease agreement between the parties dated August
12,1998, as previously amended, not inconsistent herewith, 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 COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
CONCH CRUISERS, INC.
B~a~M~
~am('ah/~
Witnesses
J dleaseconch3
2
SECIlON THREE
NEGOTIATED LEASE AGREEMENT
TI.IlS lease, entered into on the llth day of August. 1998, by and between the BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and Qmcl1
Cruiscrs. Iue.. Sal Parrincllo (Lessee), whose address is 1601 Bahama Drivc. Kcy Wcst.
Florida. 33040.
111e parties to this lease hereby agree to the following:
I. 111is lease evidences the grants, covenants and agreements made between the parties with
referencc to the following described premises and as further identilied in Exhibit "An.
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 facilitics.
2. Thc Lcssor hercby 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 tenn of five (5) years, said concession/restaurant
to be locatcd at the coneretc 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 "An.
3. The Lessee may exercise an option to renew this lease for an additional live (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 live (5) year tenn.
4. The Lessee, in considerati~n of the foregoing rights and privileges, does hereby covenant
with the Lessor to pay rental fees as follows:
Ycar onc (1): Monthly rcnt $4,583.33 ($55,000.00 per year)
Years two (2) thrnlivc (5): Monthly rcnt $4,910.00 ($58,920.00 per ycar)
The contract/agreement (lease) amount agreed to herein may be adjusted annually in
accordance with change in the Consumer Price Index (CPI), National Index [or Wage
Earners and Clerical Workers, and shall be based upon the annual average CPI
computation [rom January I through December 31 of the previous ycar.
A. Upon cxecution of this lease and prior to the Lessor's dclivcry of the premises to
Le~see. Lessee shall deliver to the Lessor the sum of $illJJ1, for the lirst
month's rent and damagc deposit o[ $500.00 and an irrevocable leller o[ credit
[rom a local bank in the amount o[ $4,910 [or the last month's rcnt. Lessor shall
not be required to post bond sceuring said advance rcnt or dcposit.
n.
TIle first month's rent, paid in advance, shall be for the month of De tober,
l.22& Rent shall be due on the first day of each and every month thereafier, rent
being payable in advance during the term of this lease. Lessee may assume .
occupancy as of Angnst 13. 1998 for the purpose of coordinating demolition and
renovation improvements, conditioned upon his full compliance with all ternlS 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, irany, and all utility charges, including but not limited
to electric, water, sewer, and solid waste at said eoneession/restaurant, which
shall be a rcsul! of Ihe operation of the facilities granted under Ihis lease. The
Lessor reserves the right to terminate this lease for non-payment of rent by the
Lessee for a period of fi neen (15) days or more.
5. In conllection with thc above dcmiscd properties, the Lessor covcnants with the Lessee that
conditioned on Lessee's performance and observance of Lcssee 's covenants herein, Lessee
shall have quiet enjoyment and peaceablc possession of the prcmises during the (erm of
this lease. In the cvent thc county elects 10 maintain and/or improve its properties in the
vicinity of thc leasehold herein, either by necessity, or by choice, such activity will not be
considered as a breach of any covenant of this lease.
G. Lessee further eovenants and agrees as follows:
^. To keep open such eoncession/restaurant Monday-Sunday, including holidays,
/i'om 7:00^M-IO:00PM, and sh311not exceedlhe established be3eh 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.S-3(2)(C).
n. To furnish the necessary equipment, furnishing and fixtures needed to operate
thc concession/restaurant. ^"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 eonsent. If Lessee fails to
remove said moveable equipment or furnishings within ten(1 0) days aner
tennination of this lease, said items shall then become the property of the
Lessor.
C. Lessee slmll provide full janitorial services for the public rest roOI11S inclusive of
providing all janitorial supplies and paper products. Janitorial scrvice frequency
shall be on a dally basis to ensure rest rooms arc maintained clean and sanitary.
Rest rooms arc to be inspected during the regular business day to ensure supplies
arc available and facility is clean and properly sanitized.
I). Lessee shallmainlain a City and County Occupational License during the period
of this Ieasc.
E. Lessec agrees to keep the leased premises in a safe, clean, and well-maint3incd
ordcr at no expen~e to thc Lessor. 111is provision is to be monitored hy the
Director of Puhlic Facilities Maintenance or his representative.
F. Lessee agrees to oper3(e 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
ngreement only upon previous written consent of the Doard of County Commissioners for
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.
8. 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/restaura~t
or improvements thereto; in case of any attempt to place a mechanic's lien on premises,
thc Lessee must payoff thc same; and that if dcfault in payment thereof shall continue fol'o.
thirty (30) days after written notice, said Lessor shall 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
expcnses, shall, at the option of the said Lessor, be so much additional rent due from said
Lessee at the ncxt 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 frce of such liens.
9. Alcoholic beverages may be sold within the enclosed restaurant and patio only, upon
acquisition and maintaining proper licenses from local, state, and federal agencies. No
carry-out snIcs of nlcoholic bcvcrages is permitted. Sales and consumption of alcoholic
beverages Illust ccase by 10:30 P.M.
10. Entertainmcnt may be provided only in the enclosed restaurant and patio area. Any
entertainment must be acoustic soft background music and must cense by 10:30 P.M.
11. Lessee shall be responsible for and provide all licenses required by all local, state and
federal agencics, including Department of HeaIth.
12. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer
nor pemlit 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 oCthe laws of the United
States. or of the State of f1oridn, or of the ordinances of Monroe County, f10rida and that
the Lessee will keep and snve the Lessor forever harmless from nny penalty or damnge or
charges imposed for nny violntion of any said Inws, whether occasioned by neglect of
Lessee, nnd that said Lessee will indemnify and save and keep hamlless the Lessor against
nnd from nny loss, cost, damage and expense arising out of any accident or other
occurrence, cnusing 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.
I J. It is further ngreed thnt in no ense shall the Lessor herein be liable, under any express or
implied eovennnts in this lease agreement, for any damages whatsoever to the Lessee
beyond the rent reserved by the Lease agreement accruing, for the act, or breneh of
covennnt, for whieh dnmnges mny 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
ngreelllent, 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.'
14. It is further mutually covenanted and ;~reed 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. 111e 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.
I c.. 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 withhelJ. Such alterations shall be based on plans approveJ by the Director
of Facilities Maintenance and shall be subject to all City and County Code provisions
goveming construction. Lessee shall be responsible for obtaining any permits required by
any govemmental agency.
I S. The Lessee shall be responsible for maintaining the structure. 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. 111e Lessee shall be responsible for applying and obtaining all permits necessary by all
local, state, and federal agencies.
20. Lessee covenants and agrees to indemnify and hold harnlless Monroe County Board of
County Commissioners fro'm 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. 111e extent ofliability is in no way limited to, reduced, or lessened
by the insurance requirerilents 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 pC)rson on the premises.
4
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 stnlcture 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 destnlction. 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 foJlowing 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 its reasonable
attorney'sfees and costs associated with said litigation from the losing party.
25. The Lessee will be responsible for all necessary insuranc~ coverage as indicated on the
attached forms identified as ~IR, GL. WC1, VL, GLLlQ. 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 shaJl actively be
maintained during the lease term.
26. This lease shall be governe~ 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.
v' WHEREOF, the parties hereto have caused these presents to be ex,:cuted as of the
~1;' Irst above written.
.:.r)/
. ,.c."
.-
'//~-;ujJ~
5
\-rt (;,c-s, BI>..\u\
Qo>->C-'l:. .s~/l~ (-1\e:,uTl
""'\\. t.','V<. Il'~ I')" 'I 'I I I'
.su.tA 11'0 .. 1- 0
001,,") ~\ \0 ~ .::x\"'" ~~
( Ke<~~=;~/11/~~ )
... :~.:~:~
....... ~ . .,.~:':'.<:~~i.~~g~~~~;::~~..~~:.~_.::~,. .~'.;
.....:
""'-~ C'
b'..d,u~ '''\~.."G..A. ~:.;t:.~ +
, '3 ~..., . 2.. I
. 0, It . , <::()
31 -[0 __.......__ , ..
. . ~c
~=-~- -1-
b',,,,',...,c.,... A It!!..1\. 0
i
~/
\ i.. .
)
~
&
i4
I. '1/
i
!.
......
7q. '- sa.F'.
00
'.
"-.
I',
t>~I;"(,- A \1J!: 1\
q'"lo, I S.\?, Fl.
:I^!lt.-o.J.I
b ',..>.,,,)(,-
It ~/S.'l I:'
-' .
SQ. fT.
\ .
I' 17'
I
i
[] 0
0'1.
, '
l-'
v ,"^.U;~'" \"10-,,.........
: }
;,,-/ \\.
I ~. I;~
[ ~Tr..
~:F.r
- -0:0'" Ii-o' . ~
'... ~r,\c~ I Wo!l\t:.~ ~.rn
..... .': ~,S"~olt
J 11'1 /?1 -:l Ofr-:t..l!.
. '_ .~. Fr. ~, \-T. .:.. \I '-(. C. ~Q. 'fT'.
rD 899
r---T~.~rM-1
~5.10"
000 0
~ilc.l\~ IW.."r!/\
5"'10. g ~q. FT.
t.
\
-rc,1..L v.s.....1\v,~ S~hC.L ~I'-T
3/12rt ~ %
.:t.?= ..
6"""- ,",,1'l(<. 0.>0\ 1-:'L.~i,...P)
o
o
't-(/"9(1
SIJ..r- Tc. II ~'i .J. Y"':'.>oJ'..,..
\
,.
,,'" '.;'" ..' I
..~.i::~<:,:.::...:::.:.... ". "
. ". ,,:.::"'::', ....=.." ".
':. -:-~::,': . ....
. ,....:..~:.....~. '.
.:..:....::..:: :~:.. ....I~~. _'.
. ':1' '''.' . ....
~. ~ ~.'
. ~'.~~'~;:~':~. '., :. ':
'-:.,
'.:.::, '. .'.
......
.. .'
'. . .....':..~:... .: '.:::
~:~:. .~:. ":
(,)
""
, -
()
,
+
j:i
,.
G)
J
.', ,...
.....l.. ~ .r
....
. ,
-:..:.......
'. ,,'
.' '~'. .
.. :.... .....,. .'
.... '.
'.' 7,.......
',. ".
.' .
...,.,.... . .
- .
........
..... "
,..,~:...:. .
.....~... .. .
. .....
.. ....~ .
."" ......... ........ .I-I:ul'l.j'IU"'''UL l..UUN1"'>' All'>' Ul-"J-"IL:l:; IU,3052823516
AMENDMENT TO LEASE AGREEMI:NT
(Higgs Beach Concession/Restaurant)
This amendment to Lease Agreement is tnade and l~ntered into this 10+1\
day of .~ 1999, by and between the BOARD' OF COUNTY
COMMIS~ MONROE COUNTY, FLORIDA (Lessor) and CONCH
CRUISERS, INC., Sal Parrinello, (Lessee) in order to al1\end that certain Lease
Agreement entered into between the parties dnted August 12,1998.
WHEREAS, the Lessee leases the Higgs Beach Restaurant and Concession
from Lessor, and Lessor allowed the Lessee to occupy the restaurant beginning
August 13, 1998, for the purpose of coordinating demoliticln and renovation of said
facility; and
WHEREAS, the Lessee planned to complete renovations and open the
restaurant for business beginning November 28, 1996; however, due to Hurricane
Georges, the lessee waS not able to commence: full operation of said business until
January 21, 1999; and
WHEREAS, paragraph 22 of the lease.between the parties allows the Lessor
to grant an abatement of rent until such time as the damaged facility is restored;
WHEREAS, Lessee paid October's rent. of $4,563.33 and November's rent
of $4,583.33, which should be applied to rent due for January 21, 1999, to
February 20, 1999, and February 21.1999, to March 20, 1999, respectfully:
NOW, THEREFORE, the lease agreement dated August 12, 1998, is he.reby
amended as follows:
1. In accordance with paragraph i~2 of the I~ase, the Lessor hereby
grants an abatement of rent for' Lessee's loss of business caused by
damage to the facility from Hurricane Georges.
2. Because the restaurant did no l' open until January 21, 1999, rent
payments made by the Lessee 'for Octobel', 1998, and November,
1998, shall be credited to the first two month's of operation as
follows: January 21, 1999 - F(~bruQry 20, 1999, and February 21.
1999 - March 20, 1999.
3. Pro-rated rent to be paid by Le:isee for March 21, 1999 - March 31.
1999, is due on March 21, 1999, in the amount of $1,808.16.
PACE
2/3
MI-I'I'-IQ-IoJI II IJj j~Ul'ld.ll.)NkuJ:: CUUNTY ATTY OFFICI.: 10,3052923516
4. Regular monthly rent paymalts of $4,583.:l3 will commenc~ April 1.
1999, and c:ontinue each month thereafter through the end of the
first year's term ending September 30, 1999.
5. In all other respects, the original lease. agreement between the
parties dated August 12,1998, remains in full force and effect.
.......IN WITNESS WHEREOF, the PQrtje~: have hereunto set their hands and
~/;; :!\e day ondr;"'r first written aba.e.
n~ ",""" ",
. .... .....
.. " . ~....;1': .t ,'.
,,- "... -,. f . I
A .....".::.~~Ny.L KOLHAGE, CLERK
BOARD OF COlJNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 'Y.. rD ~"^-
epu lerk
B~~Il)."-=---~~~
M4Yor/Chairman
AfJt3
/ Witness
~~lAC. b'\)~~
Witness
~~~~
Sui Parrinello
AP~ROVED AS TO~ fR 'I / '--
:N~' ~.
C? NN. HI~~N7
DArE y-u-
PAGE
3/3
1'1,,"-1-1 101 1:2,'i~ I-I,UI-I,NUNI,UL COUNTY ATTY OFFICE ID,3052923516
.
PAGE
1/1
seCOND AMENDMENT TO LEASE AGREEMENT
(Higgs Beach Concession/Restaurant)
THIS LEASE AMENDMENT entered into the 20th day of September, 2000 by and be.1ween the.
Board of County Commissioners, Monroe County, Florida (Lessor) and Conch Cruisers, Inc.. Sal Parrinello
(L.essee) in order to amend that certain Le.ase 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 previously abated rent for loss to business resulting from Hurricane Georges
damage and prior beach c1osi~: 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; naw therefore
IN CONSIDERA TlON of the promises contained herein, the lease doted August 12. 1998. as
previously amended. is hereby amended as follows:
1. The Lessor hereby grants an abatement of rent.
2. One half of the rent paid by Lessee for the period of June I, 2000 through August 17, 2000
sholl 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 $11,859.24. This $5,929.62 credit shall be applied as follows:
September $4,910.00
October $1.019.62
3. Lessee shall pay to Lessor by October 1,2000 the sum of $3,890.38 for October.
Regular monthly rent payments will resume effective November 1, 2000 and continue each
ter through the end of the five-year lease term.
Co
e.r respects. the original lease agreement between the parties dated August 12, 1998,
remains in full force and effect.
WHEREOF, the parties hereto have caused these presence to be. executed as af the
ave written.
(SEAL)
Attest: DANNY L. KOLHAGE. Clerk
B~0.kJ2C.. ~aMJi.J
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
::~~
Mayor/Q,airman
Post-It'. brand fax lransmi"al memo 71
TD