Item C05
,
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 14. 2004
Division:
Public Works
Bulk Item: Yes -X- No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval of Contract Amendment fOf Conch Cruisers, Inc.
ITEM BACKGROUND: Approval to apply l.~A ConsumerPrlce Index (CPI) rent increase to the
$1,162.00 monthly cost for County janitorial services and opening and closing of the public restrooms
at Higgs Beach.
PREVIOUS RELEVANT BOCC ACTION: On August 12, 1998, the Board approved a 5-year
Lease Agreement with Conch Cruisers, Inc. to operate the Higgs Beach Restaurant/concession. On May
16,2001, the Board approved to increase rent by $1,162.00 per month to coVer the cost oftbe County
providing janitorial services and opening andclosing the public restrOOms. On July 15, 2003, the Board
approved to renew Lease Agreement for the first of two additional five-year tenus commencing August
12, 2003, and ending on August 11, 2008, and to increase the rentto $5,230.71 in accordance to the
CPI of2.4%. On May 19, 2004, the Board granted approval to increase the monthly retrtalto $5,330.09
in accordance to tbeConsumer Price Index (CPO of 1.9%.
CONTRACf/AGREEMENTCHANGES:.Apply 1.9%.CPI . increase for County janitorial services of
$1,162.00 mo. + 1.90.4=$1,184.08 + $5,330.09, for a total monthly retrtalamoUlltof$6,514.17 (before
sales tax).
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
Revenue-prqducing
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUEPRODUCING: Yes.JL No
Year $78.170.04
AMOUNT PER MONTH $6.514.17
APPROVED BY: County Atty _ OMB/Purcbasing _ Risk Management_
DMSION DIRECTOR APPROVAL:
~~/~
Dent Pierce, Director Public Works
'l(
DOCUMENTATION:
Included X
To Follow
Not Required_
DIsPosmON:
AGENDA ITEM # C~
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Conch Cruisers, Inc Contract #
Effective Date: August 11, 2004
Expiration Date: August 12,2005
Contract Purpose/Description:
To correct the monthly rental amount to include janitorial services with CPI increase
Contract Manager: Miguel Carbonell 4385 Facilities Maintenance #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 07/14/04 Agenda Deadline: 06/29/04
Total Dollar Value of Contract: $
Current Year Portion: $ N/ A
Budgeted? YesO No 0
Grant: $
County Match: $
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In J Needed
Division Director ~ -I' YesO NoO
Risk Management ,{/!'f/o 1 Y esO No~
O.M.B.IPurcbas~ Yes[]No~
County Attorney b./.1J.I.or Y esO No~
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT AMENDMENT
Salute Restaurant at Higgs Beach
This Contract Amendment is made and entered into this July 14, 2004, between the
COUNTY OF MONROE and Conch Cruisers, Inc. in order to amend the agreement
between the parties dated August 12, 1998, as amended May 16, 2001, as amended on
July 17, 2002, and Renewal Agreement dated July 15, 2003, and Contract Amendment
dated May19, 2004, copies incorporated hereto for reference, as follows:
1. To correct action of May 19, 2004, to include 1.9% CPI rent increase to the monthly
sum of $1,162.00 per month to cover the cost of the County providing janitorial
services and opening and closing the public restrooms at Higgs Beach.
2. Monthly rent, therefore, shall be payable to Monroe County in the amount of
$6,514.17, which shall include both the $5,330.09 rental fee and the $1,184.08
maintenance fee.
In all other respects, the original agreement between the parties dated August 12, 1998,
as amended May 16, 2001, as amended on July 17, 2002, and Renewal Agreement
dated July 15, 2003, and Contract Amendment dated May 19, 2004, remains in full force
and effect.
IN WITNESS WHEREOF, the parties have hereunto seftheir hands and seal the day
and year first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
CONCH CRUISERS, INC.
Witness
Witness
By:
CONTRACT AMENDMENT
Salute Restaurant at Higgs Beach
This Contract Amendment is made and entered into this May 19, 2004, ~tween the
COUNTY OF MONROE and Conch Cruisers, Inc. in order to amend the agreement
between the parties dated August 12,1998, as amended on July 17, 2002, and
Renewal Agreement dated July 15, 2003, copies incorporated hereto for reference, as
follows:
1. In accordance with Article 2. of the July 15, 2003' Renewal Agreement: 'The Lease
amount shall increase by the Consumer Price Index (CPI), National Index for Wage
Earners and Clerical Workers, and shall be based upon the Annual Average CPt
computation from January 1 through December 31 of the previous year. The CPI
increase shall be calculated for each additional year for the five-year period.
2. Rent, therefore, payable to Monroe County, ,shall increase by 1.9% from $5230. 71
per month to $5330.09 per month ($99.38 per month additional).
In all other respects, the original agreement between the parties dated August 12, 1998,
as amended on July 17, 2002 and Renewal Agreement dated July 15, 2003, remains in
full force and effect. ,.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year first written above.
(Seal)
Attest: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Witness
By:
Witness
;.:;UZANNE . HUTTON
"~t;tSrAN~I~" ~NT ATTORNEY
. _..... t'rhU
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RENEWAL AGREEMENT
(Salute' Restaurant at Higgs Beach)
This Renewal Agreement is made and entered into this July 15, 2003, between the
COUNTY OF MONROE and Conch Cruisers, Inc. in order to renew the Lease
Agreement between the parties dated August 12, 1998,as amended on July 17, 2002,
copies incorporated hereto for reference, as follows:
1. In accordance with Article 1. of the July 17, 2002 Lease Amendment, the Lessee
exercises the option to renew the leaseJor the first of two (2) five-year terms; the first
to commence on August 12, 2003, and'terminate on August 11, 2008.
2. The Lease amount shall increase by 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. The CPI increase shall be calculated for each additional year for the fIVe-year
period.
3. Rent, therefore, payable to Monroe County shall increase by 2.4% from $5108.12
per month to $5230.71 per month.
In all other respects, the original agreement between the parties dated August 12, 1998,
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year fi~twritten above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
By: Qnl~{) ~\g~
Deputy Clerk
~ ~CV1t7~~
, Witness
~__Ik ~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:~i# m~
Conch Cruisers, Inc.
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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 f~r Lessee to provide full janitorial services for the
public restrooms including providing all janitorial~s[Jpplies 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 adjustments 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 $I, 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)jM;Q~M~
~am(~
Witnesses
. J dleaseconch3
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SECTION THREE
NEGOTIATED LEASE AGREEMENT
THIS lease, entered into. an the llih day o.f Allillst. 1998, by and between the BOARD OF
coUNTY, COMMISSIONERS, MONROE COUNTY, FLORIDA (Lesso.r) and ~
frulsers. Tne.. Sal Parrinello (Lessee), who.se address is .l.601 Rahgma Drive. Kev West.
florlda. 33040.
The parties to. this lease hereby agree to the fo.llo.wing:
1. This lease evidences the grants, co.venants and agreements mad~ between the parties with
reference to. the fo.llo.wing described premises and as further identified in Exhibit "AU.
Clarence s. Higgs Memo.rial Beach, Key West, Flerlda: including
exclusive use o.f all existing facilities, restaurant, bath hause, and sto.rage
areas, to. have the exclusive right to. previde and ma.intain a full service
co.ncessien/restaurant, such as furnish fo.ed and beach cencesslen
and previde janiterial services to. the public rest ro.o.ms inclusive ef opening and clesing and
supplying paper pro.ducts at Clarence S. Higgs Memo.rial Beach and mamtain all equipment
necessary far the o.peratio.n o.f these facHities.. '"
2. The Lesso.r hereby grants to. the Lessee the exclusive right and privilege ef pperating and
maintaining a full service co.ncessio.n/restaurant at Clarence S. Higgs Memo.rial Beach,
.
Key West, Mo.nro.e Co.unty, Flo.rida, far a tenn ef five (5) years, said co.ncessio.n/restaurant
.
to. be lo.cated at the co.ncrete building no.w situated Upo.n said beach, and iJ;! as is co.nditio.n.
Square.fo.o.tage allo.catio.ns shall be limited to. the interi?r and enclo.sed patio. area as
referenced in Exhibit "A".
The Lessee may exercise an aptian to renew this lease far an additio.n~1 five (5) years with
written co.nsent o.f the Boar.d of Co.unty Co.mmissio.ners, by giving Lesso.r written no.tice o.f
their intentio.n to. exercise said aptian within sixty (60) days previous to' the ~xpiratio.n o.f
the eriginal five (5) year tenn.
The Lessee, in co.nsiderati~n o.f the fo.rego.ing rights and privileges, dees hereby Co.venant
with the Lesso.r to. pay rental fees a~ fo.llo.ws:
~ar one (1)..:. Menthly rent $4,583.33 ($55,000.00 per year)
~..nvo (2) thru flve (5.)l Monthly rent $4,910.00 ($58,920.00.per year)
The contract/agreement (lease) amo.unt agreed to. herein may be adjusted annually in
acco.rdance with change in the Co.nsumer Price Index (CPI), Natio.nal Index for Wage
Earners and Clerical Wo.rkers, and shall be based upon the annual average cpr
co.mputatio.n from January 1 thraugh December 31 af the previo.us year.
A. Upo.n executio.n o.ftliis lease and prio.r to. the Lesso.r's delivery afthe premises to.
Lessee, Lessee shall deliver to. the Lesso.r the sum o.f $~' far the first
rnonth's rent and damage depasit af $500.00 and an irrevo.cable letter af credit
from a lo.cal bank.~' the amo.unt af $4,910 far the last mo.nth's rent. Lesso.r shall
3.
A(L 1, 4.
not be required to. post band securing said advance rent.ordepo.sit.
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B,
The first month's rent, paid in advance, shall be for the month of October.
l22a. Rent shall be due on the first day of each and every month thereafter, rent
being payable in advance during the term of this le~se, 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, ifany, and all utility ch~rges, 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 fpr 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';covenants herein, Lessee
shall have quiet enjoyment and peaceable possession ofthe,prelllJses during.the term of
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this lease, In the event the county elects to maintain and/or imp;ove its properties In the
vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be
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considered as a breach of any covenant of this lease. '
6. Lessee further covenants and agrees as foIlows:
A. To keep open such concession/restaurant Monday-Sunday, including holidays,
from 7:00AM-I 0:00PM, and shaIl not exceed the' estab,lished beac;h hours in as
specified in Monroe County Ordinance 13,5-3 (2)(:E). . Public rest ;ooms shall
be opened at 7:00AM and closed at sunset, Monday-Sunday,'inc1udtng holidays,
In accordance with Monroe County Ordinance 13 ,5-3(2)(~), .' .
B. To furnish the necessary equipment, furnishing and, fixtures needed'to operate
the concession/restaurant. AIl moveable equipment anti 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
Lessor.
C, Lessee shall provide fuIl 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 shaIl 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 weIl-maintained
order at no expen~e 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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It IS agreed by the parti~s hereto that Lessee may eject to sub-lease or assign the lease
agreement only upon previous written consent of the Board of County Commissioners for
:>'10nroe County. The terms oftbis agreement shail be binding on the heirs, executors
administrators, sub-lessees and assigns of Lessee, v,'i;ich shall not be ur.reasonabiy ,
withheld.
It IS hereby covenanted, stipulated and agreed by and between the parnes'hereto t~at there
shall, during the said demised term, be no mechanic's hens upon the concession/restaurant
or improvements thereto; in case of any attempt to place a mechanic's hen on premises,
the Lessee must pay off the same; and that if ~efault in payment thereoi shall continue for
thmy (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 ~Ii~ 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.~ate established by the
Comptroller under Sec. 55.03, F.S., for the year in which the payment b~came overdue
?-iothlng m thiS paragraph is to be read as a waiver or authori~atiottbY the Co~nty oj its
constitutlonal and statutory iffi!l1unity and right to have its propeI1Y free of such hens.
AlcoholiC beverages may be sold within the enclosed restaurant a,nd patio only, upon
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acquisition and maintaining proper licenses from local, state, and fed4r~ agencies. No
carry-out sales of alcoholic beverages is pennitted. Sales and consumption of alcoholic
beverages must cease by 10:30 P.M.
Entertainment may be provided only in the enclosed restl1ur~nt anq patio area. Any
enter;alnment must be acoustic soft backgroUnd mUSIC and must cease by \0:30 P.M.
Lessee shall be responsible for and provide all licenses required by al116cal, st~te and
federal agencies, including Department of Health.
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It IS expressly covenanted between the parties hereto that the hessee will not use, suffer
nor permll any person to use in any manner whatsoever the said d'emised property, nor any
portlon thereof, for purposes calculated to injure the reputation of the premises or of the
nelghbonng property, nor for any purpose or use in Violation of the laws of the United
State5. 0, of the State of Florida, or of the ordinances of Monroe County, Flonda and that
~he Le5,ee wlil keep and save the Lessor forever harmless from any penalty or damage or
charges !mposed 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
8.
9.
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and from 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 p'art thereof, by the Lessee.
It IS further agreed that in no case shall the Lessor herein be liable, under any express or
lmpiled covenants in this lease agreement, for any damages whatsoever to the Lessee
beyond the rent reserved by the L",ase 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
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he is so deprived of the possession ofsaid 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 this lease agreement shall be construed to be a waiver pf
any succeeding breach of the same covenant
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The Lessee hereby covenants and agrees that he, his agents, employees or otherwrse shall
observe and obey all lawful roles and regulations which may from time to time dunng the
tenn 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
durmg 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
mamtam 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 co so.
The Lessee agrees not to make any major alterations to the building.loc,aled on said
premises, without first obtaining written consent of the Lessor to do so, WhIC~ Will not be
unreasonably withheld. Such alterations shall be based on plans ;pproved by' the Director
of Facilities Maintenance and -shall be subject to all City and COlIDty Code p;ovisions
governing construction. Lessee shall be responsible for obtaining ilny perm* required by
any governmental agency.
18. The Lessee shall be responsible for maintaining the strUcture. The tessee will keep the
premises clean at all times and must meet all requirements f?r food handling a,s required
by the Monroe County Department of Health. All site i~provements shall be pre-
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approved by the Monroe County Board of County Commissio.ners. . .
19. The Lessee shall be responsible for applying and obtaining all permits necessary by all
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local, state, and federal agencies. .' .
20. Lessee covenants and agrees to indemnify and hold harmless Monroe Coun(y Board of
Count)' Commissioners froln 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 anorney's fees) which arise out of, in
connec::On wah, or by reason of the Lessee utilizing the property governed by this
lease/rental agreement. The extent of liability is m no way limited to, reduced, or lessened
by the msurance 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 ?erson for any injury, loss, or damage to property to any person on the premises.
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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 expen'se. The rental thereon shall cease until the
completJon of such repairs and the Lessor will immediately refund the pro rata part o~ 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.
All \Vlitten notices pursuant to this lease shall be forwarde~ to the followmg addresses:
Lessor: Lessee:
Monroe County Public Works Conch Cruisers, Inc.
Facilities Maintenance Department Sal Parrinello
3583 South Roosevelt Boulevard 160L.Bahama Drive.
Key West. Florida 33040 Key West:Florida 33040
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23.
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24. If any dispute concerning this lease should arise between.the Ussor and Lessee and which
results in litigation, the prevailing party shall be entitled to paYment of it~ reasonable
attornev's fees and costs associated with said litigation from th~ lOSing pahy.
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25. The Lessee will be responsible for all necessary insurance coverage as indicated on the
attached forms identified as GIR. GL, WC1, VL, GLLIQ. ARP, and all other requirements
found to be in the best interest of Monroe County, as may 'ele imposed by the Monroe
County Risk Management Department. All insurance req~ired coverages sQall actively be
maintamed during the lease term.
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26. This lease shall be governe? by the laws of the State of Florida. Yenuefor any disputes
arising under this agreement shall be in a court of competent jurisdiction in Monroe
County, Florida.
\\iHEREOF, the parties hereto have caused these presents to be executed as of the
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