3rd Amendment 05/16/2001
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DA TE:
June 7, 2001
TO:
Dent Pierce, Director
Public Works Division
ATIN:
Beth Leto, Administrative Assistant
Public Works Division
Pa~ela G. Hanco~
Deputy Clerk
FROM:
At the May 16, 2001, Board of County Commissioners meeting the Board granted
approval and authorized execution of the Third Amendment to Lease Agreement between
Monroe County 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.
Enclosed is a copy of the above mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File /
THIRD AMENDMENT TO LEASE AGREEMENT \
(Higgs Beach Concession/Restaurant)
THIS LEASE AMENDMENT entered into the , bth day of MCA Y , 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 restrooms including. providUag aU janitOl"iet~es and 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 $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 WIINESS WHEREOF, the parties hereto have caused these presence to be executed as of the
first above written.
~
BOARD OF COUNiY COMMISSIONERS
/F MONROE COUNiY, FLORIDA
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Mayor/Chairman
CONCH CRUISERS, INC.
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