The URL can be used to link to this page

Miscellaneous O"~~rY ~o<2.,~~E , (305) 294-4641 BOARD Of COUNTY COMMISSIONERS Mayor Shirley Freeman, District 3 Mayor Pro-tem George Neugent, District 2 Wilhelmina Harvey, District 1 Nora Williams, District 4 Mary Kay Reich, District 5 Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, Florida 33040 Phone (305) 295-4386 Fax (305) 295-3672 ~ V' lC~ C.c __ Ov~5 ~~ Certified Receipt #Z 396 280 896 January 5, 2000 i Mr. Sal Parrinello Conch Cruisers, Inc. Higgs Beach 1000 Atlantic Boulevard Key West, FL 33040 Dear Mr. Parrinello: Due to the previous contamination of water surrounding the Higgs Beach area, the Monroe County Board of County Commissioners at their regular July 21-22, 1999 meeting, granted an amendment to your lease agreement. An abatement of rent was granted, commencing on June 11, 1999 and continuing for a period of two weeks after the date the State of Florida, Department of Health declared the aforementioned waters to be safe for public use. The State of Florida, Department of Health declared the waters to be safe for public use on December 14, 1999. ~ccording to your Amendment, abatement was in effect thru December 28th, 1999 (to compensate for the qpditional period of'two weeks) and pre-paid rent from June 11th, 1999 thru June 30th, 1999 has been credited to your January 2000 rent due. The total amount of rent due for January 2000 is $1,986.14 (due upon receipt of this Jeffery. Rental fee will continue as originated beginning February 1, 2000, If you should have any questions or require further information please feel free to contact me at your convenience. Sincerely, ~~~ Carlos Zarate, Sr. Director Faci lities Maintenance Department Cc: James L. Roberts Dent Pierce Finance Department County Attorney's Office File (':\WIN 1)( )\\'S\l'mlik,\r\'loll,,,I\'atg~-I.i,,,\P~r'tll1,,IIP"rh & lk~'.lligg' Ik"ch_'al-r~l1t dll~-Ctllll"millatioll lilILd.doL BREAKDOWN OF CREDIT/RENT DUE CREDIT - June Rent Paid $4,583.33 RENT DUE (June ..1-11, 1999 & 'iDecember 29-31. 1999) - $1.986.14 REMAINDER OF CREDIT FOR JUNE 1999 RENT PAID $2,597.19 JANUARY 2000 RENT DUE $4,583.33 LESS REMAJNDER OF CREDIT FROM JUNE 1999 RENTAL PAYMENT ~ $2,597.19 ,. TOTAL RENT DUE FOR JANUARY (DUE UPON RECEIPT) $1,986.14 (,:\WI ND( )WS\l'rnliks.!'donsall'algc-I.lSa\l'c'r"",al\l'arks & l~cc\lljggs Ilcad"sal-rcnl dllc-,'onlaminalion lillcd.doc ~k OUNTYofMONROE KEY WEST ~ :~ORIDA 33040 ~ BOARD OF COUNTY COMMISSIONERS MAYOR Wilhelmina Harvey, District 1 Mayor Pro Tern Shirley Freeman. District 3 George Neugent, District 2 Nora Williams, District 4 Mary Kay Reich, District 5 County Attorney's Office 502 Whitehead Street Third Floor, Rear Key West, Florida 33040 (305) 292-3478 ~L~.,-(qrl)~(;.., m'~lRr ,~ . /" \,'J ~l \'~~,'~ ~~',-~1h July 14, 2000 Mr. Sal Parrinello Conch Cruisers. Inc. 1 601 Bahama Drive Key West, FI 33040 Dear Mr. Parrinello: Enclosed is a self-explanatory letter from Assistant Finance Director Lisa Albury, together with supporting documentation Please contact the undersigned with respect to this arrearage. Sincerely, J es T. Hen rick ounty Attorney JTH:rj cc: County Administrator '" Clerk of the Circuit Court 119annp lL. kolbage BRANCH OFFICE 3117 OVERSEAS I-nGHW A Y MARATHON. FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF lHE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL, (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS I-nGHW A Y PLANTATION KEY, FLORIDA 33070 TEL, (305) 852-7145 FAX (305) 852-7146 0.. ~ ':--;:;) <;7 'Vf,' '1QJ lli\~ \ 'J" : (', J \,',1 L~ ! "~:: c._~ .,.~ i , ,. Memo '\\i' To: Jim Hendrick, County Attorney oJ Lisa Albury, Assistant Finance DirectorJ From: Date: July 13,2000 Re: Conch Cruisers, Inc. ,. " . JUL 1 4 2000 -----------... On August 12, 1998, Monroe County entered into a lease with Conch Cruisers, Inc, Sal Parrinello for Higgs Beach concession/restaurant. In this lease, it states that "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." To date, the last month of rent we have received is for the month of May 2000. Also, on May 27, 1999 a letter was mailed to Mr, Sal Parrinello from our office, asking him to remit sales tax on four months of rent in the amount of $1,166.86. According to our records, this money has never been received. When reviewing the file, we realized that the letter of May 27th didn't include the month of October 1998 for the collection of sales tax in the amount of $343,75. The following summarizes the monies that are due to Monroe County from Mr. Parrinello: June 2000 Rent June 2000 Sales Tax July 2000 Rent July 2000 Sales Tax October 1998 Sales Tax November 1998 Sales Tax March 1999 Sales Tax April 1999 Sales Tax May 1999 Sales Tax Total: $4,910.00 368.25 4,910.00 368,25 343,75 343.75 135.61 343.75 343.75 $12.067 11 I've enclosed the lease agreement and their two amendments along with some correspondance that may helpful when reviewing, If you have any questions, please contact me at extension 3528, CONCH CRUISERS, INC. HIGGS BEACH CONCESSION Descriotion Rent Sales Tax Total Deposit Check # Date Last month's rent 4,910.00 1019 08/28/98 Security Deposit 500.00 1017 08/28/98 October 98 4,583.33 1018 08/28/98 November 98 4,583.33 0091 11/01/98 March 99 1,808.16 1474 03/20/99 April 99 4,583.33 1557 04/09/99 May 99 4,583.33 2079 05/11/99 June 99 4,583.33 343.75 4,927.08 2255 06/14/99 January 00 2,047.08 2929 01/03/00 January 00 153.53 2930 01/03/00 February 00 4,910.00 3281 03/31/00 February 00 368.25 3282 03/31/00 March 00 4,910.00 3177 03/04/00 March 00 368.25 3178 03/04/00 April 00 4,910.00 3328 04/10/00 April 00 368.25 3330 04/10/00 May 00 4,910.00 3425 05/05/00 May 00 368.25 3426 05/05/00 Notes to the file: 1. Rent is due the first day of each month payable in'advance beginning October 98. 2. Due to Hurricane Georges an abatement of rent was granted. Therefore, October 98 rent of $4,583.33 & November 98 rent of $4,583.33 should be applied to rent for January 21, 1999-February 20, 1999 and February 21, 1999-March 20, 1999 respectfully. Pro-rated rent for March 21, 1999- March 31, 1999, is due on March 21, 1999, in the amount of $1,808.16. Regular monthly rent pay- ments will commence April 1, 1999 and continue through the end of the first year's term ending September 30, 1999. 3. Due to pollution & contamination of Higgs Beach an abatement of rent was granted commencing on June 11, 1999, and to continue for a period of two weeks after the date the State of Florida, Dept of Health declare the waters safe for public use. Pre-paid rent will be applied to the next months rent due: The Department of Health declared the waters to be safe for public use on December 14, 1999, Two weeks after this date would take the abatement through December 28, 1999, Pre-paid rent from June 11, 1999-June 30, 1999 is to be applied for rent due for January 2000. j!lannp lL. itolbagt BRANCH OFFICE 3117 OVERSEAS I-UGHW A Y MARA mON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 May 27,1999 CLERK OF lHE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST. FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS I-UGHW A Y PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAX (305) 852-7146 Mr. Sal Parrinello Conch Cruisers, Inc. 1601 Bahama Drive Key West, FL 33040 Dear Mr. Parrinello: With regard to the recent correspondence from Suzanne Hutton, the Assistant County Attorney, listed below are the rents remitted to the County pursuant to the Lease Agreement dated August 12, 1998 and the Amendment to Lease dated February 10, 1999 for the restaurant/concession at Clarenee E. Higgs Memorial Beach and the Sales Tax amounts due on those rents remitted: MONTH RENT SALES TAX , November 4,583.33 343.75 March 1,808.16 135.61 April 4,583.33 343.75 May 4.583.33 343.75 TOTAL 15,558,15 1,166.86 In order to bring the Sales Tax up-to-date, please remit $1,166.86 to us for submission to the Florida Department of Revenue. In the future, please remit monthly payments of $4,927.08 ($4,583.33 rent and $343.75 sales tax). If you have any questions, please don't hesit~te to eon tact me, Sincerely,. 01\ ,~. ~A~ C~~eline A. Clynes Treasury Management Supervisor cc: Danny L. Kolhage MEMORANDUM TO: FROM: Danny L. Kolhage. Clerk of Courts Suzanne A. Hutton. Assistant County Attomey y...ff' DATE: May 19. 1999 RE: Remission of Sales Tax on Property Rental. Subsequent to our telephone conversation of May 18. 1999. regarding the collection and remission of the sales tax on rental of the Higgs Beach Restaurant/Concession. I reviewed Section 212.031 Florida Statutes and Norieaa v. Shnurmacher Holdina. Inc.. 528 So.2d 28 (Fla. 3rd DCA 1988). quashed. 542 So.2d 1327 (Fla. 1989). While the case law can be interpreted to allow for the lessor to transfer to the lessee the responsibility for collecting and remitting sales tax on the rental amount. the case law can also be interpreted to the contrary. I discussed this matter with Vi Yost at the Department of Revenue local office. She then discussed this with her superior and reported back to me that the department's position is that the County has the responsibility to collect and remit the sales tax regardless of the language used in the lease. She did state that we were welcome to seek a revenue ruling if we wish to contest this. Since the County would be on the hook for the remission of sales tax if it was not paid and the lessee defaulted on the Jease and absconded. the County should probably prefer to follow the D~art!l1ent of Revenu~ position any _~~ AccordingIY.L~ am hereby advising you that the .sales tax on the renfalOfll1eHiggs Beach Restaurant should be collected by the County and remitted to the Department of the Revenue. I am enclosing a letter which I propose to send to Mr. Parrinello to advise him of the County's intent to collect and remit sales tax and to advise him that someone from finance will be contacting him shortly. Please let me know if you have any problems with me sending out this letter. If you have any question. please feel free to call. SAH/ak enclosure OUNTYoLMONROE . KEY WEST ~ :~ORIDA 33040 Sal Parrinello Conch Cruisers. Inc. 160 1 Bahama Drive Key West. FL 33040 ~ BOARD OF COUNTY COMMISSIONERS MA YOR Wilhelmina Harvey, District I Mayor Pro Tern Shirley Freeman, District 3 George Neugent, District 2 Nora Williams. District 4 Mary Kay Reich, District 5 County Attorney's Office 502 Whitehead Street Courthouse Annex. 3rd Floor Key West. Florida 33040 (305) 292-3470 May 21. 1999 RE: Sales Tax Collection and Remission. Dear Mr. Parrinello: I have discussed with the Department of Revenue and the Clerk's Office the issue you raised concerning the collection and remission of the sales tax on the monthly rental of the Higgs Beach Restaurant facilities. It has been concluded that the County will be collecting and remitting the sales tax. You should hear shortly from someone in the Finance Department regarding the procedures to be followed. Please call if you have any questions. SAH/ak J;=d/L~ Suzanne A. Hutton Assistant County Attomey cc: Danny Kolhage Carlos Zarate. Facilities Maintenance AUG j 1 REC'O 1l9annp 1l. !tolbagt BRANCH OFFICE 3117 OVERSEAS J-nGHWAY MARA mON, FLORIDA 33050 lEL (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 lEL, (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANT A nON KEY: FLORIDA 33070 lEL (305) 852-7145 FAX (305) 852-7146 I TO: MEMORANDUM Dent Pierce 00 I tJ 00 7 Director of Public Works Ruth Ann Jantzen, Deputy Clerk ..6241. August 31, 1998 FROM: DATE: ....---------- On August 12, 1998, the Board of County Commissioners granted approval and authorized execution of a negotiated Lease ,(gree~ent between Monroe County and Conch Cruisers, Inc., Sal Parrinello, for the restaurant/concession at CI~rence E. Higgs Memorial Beach. Enclosed please find a fully executed duplicate original for return to Conch Cruisers. H you have any questions concerning the above, please do not hesitate to contact this office. Enclosure cc: County Attorney Ymance County Administrator, w/o document File , ill ~ 1J9annp 1. !tolbagt BRANCH OFFICE 3117 OVERSEAS mCHWA Y MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 PAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLAi'fTAll0N KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Dent Pierce Director of Pubnc Works Ruth Ann Jantzen, Deputy Clerk ~, FROM: DATE: Mardi 4, 1999 On February 10, 1999, tbe Board of County Commissioners granted approval and authorized execution of an Amendment to the Lease Agreement between Monroe County and Conch Cruisers, Inc., Sal Parrinello, concerning operation of the Higgs Beach RestauranUConcession, in order to abate rent payments for delayed opening of the restaurant due to damage from Hurricane Georges. Enclosed please find a fully executed duplicate original of tbe above named contract amendment for return to Mr. Parrinello. H you bave any questions concerning tbe above, please do not hesitate to contact this office. Enclosure cc: County Attorney Fmance , County Administrator, wlo 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 H'J)('A.M~ . 1999, by and between the BOARD OF COUNlY COMMISSIONERS F MONROE COUNlY, 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 tjme 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, 19~9. 'to February 20~1999, and February 21.1999. to Mbrch ZO, 1999, respectfully; I ' 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 for Lessee's loss of busineSS caused by 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 WITNESS WHEREOF. the parties have hereunto set their hands and ~r!~~e day and.~y~r first written above. f.....''''''~.. . -- . L i-.- ~-__ . tol}-." .; . A':.'"~*- M1N .{. KOLHAGE. CLERK "-'-~-~~ BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY. FLORIDA By ~,r-D ~~ ep lerk B~'.'''-.'': .~\- ....~ Mayor/Chairman ftJa / ~~~ Sal Parrinello Witness of~",\c... \)1l)"~ Witness 99/258 South Florida Employment and Traininq Consortium for the Summer Youth Proqram. COMMISSIONERS' ITEMS Commissioner Freeman updated the Board on the TDC meetinqs concerninq tourist impacts and indicated that the final report would be brouqht before the Commission at its Auqust, 1999 meetinq in Key Larqo. Commissioner Williams discussed improvements to the curve at State Road 905. Motion was made by Commissioner Neuqent and seconded by Commissioner Freeman qrantinq approval and authorizinq execution of an Amendment to the Lease Aqreement between Monroe County and Conch cruisers, Inc. - Sal Parrinello for the Hiqqs Beach Concession and Restaurant, dated August 12. 1998~ Roll call vote was unanimous. O'"I~ (.QoOl5e dc:l:t-e PUBLIC HEARINGS A PUblic Hearinq was held concerninq appLoval of & Workers' Compensation Settlement in the amount of ~51,OOO inclusive of attorney's fees. There was no pUblic input. , was made by Commissioner Reiel) and seconded by Commissio?'",, Freeman qrantinq approva~ of the item. Motion carried unanimously. A Public Hearinq was held concerninq adoption of a Resolution to consider a budqet amendm~nt to the Clerk's Revenue Note-capital Fund 1306. There was no pUblic input. Motion was made by Commissioner Freeman and seconded by Commissioner Reich to adopt the followinq Resolution. Roll call vote was unanimous. RESOLUTION NO. 345-1999 See Res. Book No. 143 which is incorporated herein by reference. There beinq no further business to come before the Board, the meetinq was adjourned. Clerk to the Board of County Commissioners of Monroe County ~...h.LC. ~~ Isabel C. DeSant~s Deputy Clerk ./.- 10-20-1999 10,06AM -r- . \ ~'\ibtON FRO' 10NROE CTY F AC MA I NT 305 295 '2 P.2 BOARD OF COom.-r CCHaSSIONERS AGENDA ITEM stHmRY ~~ f>o1. ~;1~ ~ ~S Rev 2/95 Meeting Date: 07/21-22/99 Division: DISTRICT I Bulk Item: Yes No x Department: MAYOR HARVEY AGENDA I~ WORDXNG: To have Board of County Commissioners, the Lessor, approve an Amendment to Lease Agreement of Higgs Beach Concession and Restaurant to Lessee, Conch Cruisers, Inc., Sal parrinello dated August 12, 1998. ITEM BACKGROUND: Because of the Higgs Beach closing, Hr. Parrinello of Conch Cruisers has experienced a significant loss in revenue by as much as 90%. Due to the terms of his lease he is required to remain open from 7 a.m. to 10 p.m. 365 days a year. He is requesting a rent abatement during the period of beach closure to allow him to be able to retain his staff and continue operating during this period of minimal income. PREVIOUS ~. BOCC ACTION: Lease Agreement dated August 12, 1998, between the two parties ab0ve. STAFF RECOMMENDATION: Amendment to Lease Agreement for r~nt abatement from June 11, 1999 and continue for a period of two weeks after the date the State of Florida, Department of Health, declares the aforementioned w~ters again safe for public use. Prepaid rent ~L-hp. applied to the next month's rent due and owing under the terms of this amendment. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: YES NO AMT. PER MONTH YR APPROvED BY: County Atty _____ OMB/Purchasing Risk Hgmt. _ DIVJ:SION DIRECTOR: , To Follow: D~ION: Incld: DISPOSITION: Aqenda Item. I:-.D& 'LL,Cg .r~s:€'~-' ~?,1 . 7~~ '~tt{\J> {:/~.::. -' . 10-20-1999 10,06AM FRO' 10NROE CTY FAC MAINT 305 295 .2 P.3 ... 08 09 010 ~ PI P2 COMMISSIONER WILLIAMS - Report on Toad 905A curve, FOOT is helping out on this issue. FOOT is also looking at a redesign of a toll facility. MAYOR HARVEY/COUNTY ATTORNEY - Approval ofa resolution of the BOCC requesting that Florida Keys Aqueduct Authority delay construction of a storage building on Old State Road 4A in Marathon bulk approved. ---. . MAYOR HARVEY. To have Board of County Commissioners, the Lessor, approve an Amendment to Lease Agreement of Higgs Beach Concession and Restaurant to Lessee, Conch Cruisers, Inc" ~al Parri~lo dated August 12, 1998 5.0 motion to approve, ('(.t.tJ- ~~ ) COUNfY ATTORNEY/STAFF - Public hearing on an or lDance amending the Library Advisory Board residency requirements for membership 5-0 motion to approve. COUNTY ATTORNEY - Public hearing on an ordinance in order to add law enforcement as a district purpose for the Municipal Service Taxing District encompasSing the unincorporated area of Monroe County 3-2 (R. W) motion to deny ordinance. . I' .. ','. P3 COUNTY ATIORNEY - Public hearing on an ordinance amending vacation rental ordinance to clarify ~he word "realtor" 5.0 motion to approve. Ql HUMAN RESOURCES - Public hearing on a Workers' Compensation Settlement in the amount of $51,000, inclusive of Attorney's fees 5.0 motion to approve. . Q2 OMB - Public hearing to consider a budget amendment to the Clerk's Revenue Note-Capital Fund #306 5-0 motion to approve. 11 ~NDMENT TO LEASE AGREEMENT FILED FOR REqM~b's Beach Concession and Restaurant) This Amend~QM JJbs~t!G~~ent is made and entered into this c/ / ~f day of July. 1999. by and betweerrlA1>>flR~IM?fl ~NTY COMMISSIONERS OF MONROE COUNTY. FLORIDA (lessor) and CONCH CR~~~~ jre~~~nello. (lessee) in order to amend that certain lease Agreement entered intotllmme~t '1p9:rtits~ated August 12. 1998. WHEREAS. the lessee leases the Higgs Beach Restaurant and Concession from lessor. and WHEREAS. 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By ~t.'~~_,--~ Mayor/Chairperson A/:L, Y7 L~^~_ ~cJ...J. (!,~.M~ Witnesses jleosecnkcruz O.\(~T." ~2:!!:2E (Jrr.;)2'i4.4f,41 BOARD OF COUNTY COMMISSIONERS Mayor Shirley Freemon, District 3 Mayor Pro-tem George Neugent, District 2 Wilhelmina Harvey, District 1 Nora Williams, District 4 Mary Kay Reich, District 5 Faciloties Maintenance Department 3583 South Roosevelt Boulevard Key West, Florida 33040 Phone (305) 295-4386 Fax (305) 295-3672 January 5, 2000 'l Mr. Sal Parrinello Conch Cruisers, Inc. Higgs Beach 1000 Atlantic Boulevard Key West, FL 33040 '.q :.I'! ~~. Certified Receipt #Z 396 280 896 Dear Mr. Parrinello: Due to the previous contamination of water surrounding the Higgs Beach area, the Monroe County Board of County Commissioners at their regular July 21-22, 1999 meeting, granted an amendment to your lease agreement. An abatement of rent was granted. commencing on June 11, 1999 and continuing for a period of two weeks after the date the State of Florida, Department of Health declared the aforementioned waters to be safe for public use. The State of Florida, Department of Health declared the waters to be safe for public use on December 14, 1999. According to your Amendment. abatement was in effect thru December 28th, 1999 (to compensate for the ~ditional period of'two weeks) and pre-paid rent from June 11th, 1999 thru June 30th, 1999 has been credited to your January 2000 rent due. The total amount of rent due for January 2000 is $1,986.14 (due upon receipt of this Jeffery. Rental fee will continue as originated beginning February I, 2000. If you should have any questions or require further information please feel free to contact me at your convenience, Sincerely. ~~L:=- Carlos,Zarate, Sr. Director facilities Maintenance Department Cc: James L. Roberts Dent Pierce Finance Department County Attorney's Office File ('."\\'INI)( )WS\I't(llil,,'s',1\iIHISill\';IIJ~I.:-I.'S;I-"l..'f'S&lll;II\J';lrls & H....~,lliK.~" Ikil..:h.s..l-h."lll lIlh,,-,,',mt;lllliI10l1i,ltllilk,l,tl"l\: BREAKDOWN OF CREDIT/RENT DUE CREDIT - June Rent Paid $4,583.33 RENT DUE (JuneJ-ll, 1999 & 'lDecember 29-31, 1999) - $1.986.14 REMAINDER OF CREDIT FOR JUNE 1999 RENT PAID $2,597,19 JANUARY 2000 RENT DUE $4,583.33 LESS REMAJNDER OF CREDIT FROM JUNE 1999 RENTAL PAYMENT $2.597.19 TOTAL RENT DUE FOR JANUARY (DUE UPON RECEIPT) $1.986.14 (' ''''INIX )\VS\I'f"c,lik'S\P\i"IIs.;II\';llgl,.'.I.i~I\I'CrxtN"lf\lllIrl\s &. It".,-'-',lli,_~:s Ikih..h\,,:lI....:"llhlt...-\,.tnll~ul1il);ltitll1lifl~,l.dtl\: " SECTION THREE NEGOTIATED LEASE AGREEMENT THIS lease, entered into on the Uth day of Aueust. 1998, by and between the BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and ~ j:ruisers. Ine.. Sa] Parrinello (Lessee), whose address is J601 Bahama Drive. Key West. Florida. 33040, The parties to this lease hereby agree to the following: I. 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 "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 facilities, 2. The Lessor hereby 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 located at the concrete 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 five (5) years with written consent of the Boar.d 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 five (5) year tenn. 4. The Lessee, in consideration of the foregoing rights and privileges, does hereby covenant with the Lessor to pay rental fees as follows: )::ear one (1): Monthly rent $4,583.33 (555,000.00 per year) years two (Z) thrn five (5)~ Monthly rent 54,910.00 (558,9Z0.00 per year) The contract/agreement (lease) amount agreed to herein may be adjusted annually in accordance with change in 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 I thro)lgh December 31 of the previous year. A. Upon execution of this lease and prior to the Lessor's delivery of the premises to Lessee, Lessee shall deliver to the Lessor the sum of $~. for the first month's rent and damage deposit of $500,00 and an irrevocable letter of credit from a local bank in the amount cf$4,910 for the last month's rent. Lessor shall not be required to post bond securir.g said advance rent or deposit. B. The first month.s rent, paid in advance, shall be for the month of October. 1m. 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 premises during the term of this lease. In the event the county elects to maintain and/or improve its properties in the vicinity of the leasehold herein, either by necessity, or by choice, such activity will 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-IO: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 13.5-3(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 Lessor. C. Lessee shall provide full janitorial services for the public rest rooms inclusive of providing all janitorial supplies 8Il.d 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 ~e 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 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 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 ther~ shall, during the said demised term, be no mechanic's liens upon the concession/resta~t or improvements thereto; in case of any attempt to place a mechanic's lien on premises, the Lessee must pay off the same; and that if default inpayment thereof shall continue for thirty (30) days after written notice, said Lessor shall have the right and privilege, at its option, to payoff the same or any portion of the same, and the 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 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 free 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 sales of alcoholic beverages is permitted, Sales and consumption of alcoholic beverages must cease by 10:30 P.M. 10. Entertainment may be provided only in the enclosed restaurant and patio area. Any entertainment 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 all local. state and federal agencies, including Department of Health, 12, It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the said de~ised 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 of the laws of the United States, or of the State of Florida, or of the ordinances of Monroe County, Florida and that the Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed 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 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 part thereof, by the Lessee. 13. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in this lease agreement, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease agreement accruing, for the act, or breach of ~"v~"~nt for which damages may be sought to be recovered against said Lessor, and that 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 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 of any succeeding breach of the same covenant. 15. The 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 tlu: term 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 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 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 construction. 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 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, The 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 harmless Monroe County Board of County 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 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. The extent of liability is in no way limited to, reduced, or lessened by the insurance 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 person for any injury, loss, or damage to property to any person on the premises. 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 forwarded to the following addresses: Lessor: Monroe County Public Works Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, Florida 33040 Lessee: Conch Cruisers, Inc, Sal Parrinello 1601 Bahama Drive. 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 25. The Lessee will be responsible for all necessary insuranc~ coverage as indicated on the attorney's fees and costs associated with said litigation from the losing party. attached forms identified as GIR, GL, WCl, 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 shall actively be 26. This lease shall be goveme~ by the laws of the State of Florida. Venue for any disputes maintained during the lease term. arising under this agreement shall be in a court of competent jurisdiction in Monroe County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents 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 1 I .... >-. -.: '.~-;.:. '_a.,'- -:-_.-. --.- ~ ~ & ri7 i \. , " .,:~.?~:::~;i;i~~~;.~~::::. ~;'. :. . . '-...(-~ L.7' b'..I,u!:r .,.."o;;.J;, ~id:~ + , ~~"'.'2.. I . .. II . <::0 31-10 ------ ,- ~ . c ~==>~~ + b......,....<r AP-'e...A. .- ~ ~/ '" i. . 7'~. c. SQ.fT. 00 '. 101..L 0,s-.:.1\~ SCi."'JlltL hs:.T 3,<1:2.~ % . ~~b<l.~1ll4 o->oT I_~~b) \ \ t 17 I \ 0- .... ~/ 1- 8'..0' f'\e~ I~~ 1 :fT- :".-r. ."" I!J eee 000 0 'i-n-Cla Sll.r.T~" B~ -I. ~,o.b- '" .......... t>~\4 ^~A. q'iO.1 SC? l"\'. T^~-o.J,,\ b'...;.\..>(,. L\ ~,s.'* \ .' SQ. FT, o 0 []~. t..l == V.....~'{...L 1'1"-',...... v q,. . - C> , " .....,.......r.7!1-. I .. ~6-IO i!.i"\c..t\'E:t-> AP-'E F\ S''{o. Q S.Q. FT. ,,: 10" ~- ;:> " co J . " ". \-\'1 be. > B\S:.M..t\ QOI-.>c..'lO.SS'I~ 'Fl\c1Li\1 ~\, ~',"V<. li~ 1'7' :/ c( I (\ 6L.A l.J3. II ~ .. I - 0 .. .. .. . . e..~""') ~\ \0 !.u>J,.L. ~~ ~~ . ~ai~ ( '1Zt: VISe'Do/ll/o,g ') o o