2nd Amendment 07/21/1999
~NDMENT TO LEASE AGREEMENT
FILED FOR REq~Ms Beach Concession and Restaurant)
This Amend~ ~sAl.l.mltent is made and entered into this c/ / ~f day of July, 1999, by
and betweeD:r. R~ f?~ ~NTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Lessor) and
CONCH CRU . . .I~~nello, (Lessee) in order to amend that certain Lease Agreement
entered intotlmR1fe!rt . .Ip,:rlits~ated August 12, 1998.
WHEREAS, the Lessee leases the Higgs Beach Restaurant and Concession from Lessor; and
WH EREAS, the Lessee has experienced a catastrophic and devastating loss of business due to
the pollution and contamination of the waters around Higgs Beach; and
WHEREAS, tire publicity surrounding the aforementioned has drastically reduced the amount of
visitors to Higgs Beach, and
WHEREAS, paragraph 22 of the Lease between the parties allows the Lessor to grant an
abatement of rent; and
WHEREAS, Lessee has paid rent in full through June of 1999, respectfully
NOW, THEREFORE, the lease agreement dated August 12,1998, is hereby amended as follows,
1. In accordance with paragraph 22 of the Lease, the Lessor hereby grants an
abatement of rent due to the closure of Higgs Beach caused by the pollution and contamination of
adjacent waters as determined by The State of Florida, Department of Health.
2. Rent abatement will commence on June 11, 1999, and continue for a period of two
weeks after the date the State of Florida, Department of Health declare the aforementioned waters
once again safe for public use. Pre-paid rent will be applied to the next months rent due and owing
under the terms of this amendment.
3 . In an other respects, the original Lease Agreement between the parties dated August
12, 1998, remains in full force and effect.
ESS OF, the parties have hereunto set their hands and seals, the date and year first
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Mayor/Chairperson
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Witnesses
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