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1st Amendment 02/10/1999 ,.."....,"""'A.;ao.:...,..~:;";..'I._....~.,~.. 1Dannp 1... I\olbage BRANCH OFFICE 3117 OVERSEAS mGHWA Y MARA mON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Dent Pierce Director of Public Works Ruth Ann Jantzen, Deputy Clerk ~, FROM: DATE: March 4, 1999 -____ J. ___ ,. --------- ----------------------------------- On Febroary 10,1999, the Board of County Commi~ioners granted approval and authorized execution of an Amendment to the Lease Agreement between Monroe County and Conch Croisers, Inc., Sal Parrinello, concerning operation of the Higgs Beach Restaurant/Concession, in order to abate rent payments for delayed opening of the restaurant due to damage from Hurricane Georges. Enclosed please rmd a fully executed duplicate original of the above named contract amendment for return to Mr. Parrinello. H you have any questions concerning the above, please do not hesitate to contact this office. Enclosure cc: County Attorney Fmance County Administrator, ",/0 document File AMENDMENT TO LEASE AGREEMENT (Higgs Beach Concession/Restaurant) This amendment to Lease Agreement is made and entered 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 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 Lessor allowed the Lessee to occupy the restaurant beginning August 13, 1998, for the purpose of coordinating demolition and renovation of said facility; and WHEREAS, the Lessee planned to complete renovations and open the restaurant for business beginning November 28, 1998; 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 $4,583.33 and November's rent of $4,583.33, which should be applied to rent due for January 21,~999, q, .." fa 0 \D - February 20, 1999, and February 21, 1999, to March 20, 1999, respectful~.(")~ .i! ~ o r- 2~ ::::0 0 ""::r; -~. NOW, THEREFORE, the lease agreement dated August 12, 1998,gfJw:ere~ 6 amended as follows: ~?O S -0 ~ -in. :x fT1 :< :-i :I: ..r:- (") 1. In accordance with paragraph 22 of the lease, the Less91! hireb~ 0 grants an abatement of rent for Lessee's loss of business aaus~d ~ ~ damage to the facility from Hurricane Georges. 2. Because the restaurant did not open until January 21, 1999, rent payments made by the Lessee for October, 1998, and November, 1998, shall be credited to the first two month's of operation as follows: January 21, 1999 - February 20, 1999, and February 21, 1999 - March 20, 1999. 3. Pro-rated rent to be paid by Lessee for March 21, 1999 - March 31, 1999, is due on March 21, 1999, in the amount of $1,808.16. 4. Regular monthly rent payments of $4,583.33 will commence April 1, 1999, and continue 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 WIiNESS WHEREOF, the parties have hereunto set their hands and lit. ;.~'.sea..I, the dayc;an. d year first written above. ~')~.' ~ ,....~ <,.!,:~. '. '. I.". , ....\ '. , ..~ \T~al) ,. ~NY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~~_~Q~ eputy lerk G . ... col\ By \..U . tI~.J ~" - ~~ ~ Mayor/Chairman /~~ / f!;/~ (/ Witness ;) Q rA ll.UA(L (l ~J. J./'rJ'r..JV) Witness By APPROVED AS TO FOR AND !GAL SUFFICIE BY DATE