Item D21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16. 2006
Division:
Public Warks
Bulk Item: Yes ~
No
Department: Facilities Maintenance
Staff Contact Person:
John W. King
AGENDA ITEM WORDING: Approval of a Lease Amendment with Francis J. Oonzon, Owner,
Salute Restaurant, to waive rent for 54 days during the months of July, August, September, October
and November, 2005, when Atlantic Boulevard was closed due to Hurricane activity and the restaurant
was not able to be open.
ITEM BACKGROUND: Mr. Oonzon pays Monroe County monthly rent in the amount of$6,913.92
for Salute located on Atlantic Boulevard at Higgs Beach. He is requesting help from the County by
waiving the rent for 54 days during the months that his restaurant was not able to operate due the
hurricane activity in 2005.
PREVIOUS RELEVANT BOCC ACTION: N/ A
CONTRACVAGREEMENTCHANGES: N~
ST AFF RECOMMENDATIONS: Approval to waive rents as stated above.
TOTAL COST:
N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes A No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing
Risk Management _
DIVISION DIRECTOR APPROVAL:
(j)ent Pierce
DOCUMENT ATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MEMORANDUM
DATE:
July 26, 2006
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sr. Director
Lower Keys Operations
RE:
Agenda Item - August 16, 2006 BOCC Meeting
Key Largo ~ GonzonlSalute Restaurant
Mr. Gonzon pays Monroe County monthly rent in the amount of $6,913.92 for Salute
located on Atlantic Boulevard at Higgs Beach. He has requested help from the County by
waiving the rent for 54 days during the months that his restaurant was not able to operate
due the hurricane activity in 2005.
I hereby request approval of a Lease Amendment with Francis J. Gonzon, Owner, Salute
Restaurant, to waive rent in the amount of$227.31 per day for a total of$12,274.74 for 54
days during the months of July, August, September, October and November, 2005, when
Atlantic Boulevard was closed due to Hurricane activity and the restaurant was not able to
be open.
JWK/jbw
Enclosures
Dec. 8, 2005
John King
Public Utility Supervisor
Monroe County
Dear John,
This letter is regarding the recent impact that the hunicanes have had on my business. I
am requesting possible rent relief and possible compensation for the building repairs due
to the hmricanes and the road being closed. Our records show we were closed for 54
days. If you could offer any relief: it would greatly be appreciated. .
Sincerely,
ran Gonzon
President/CEO
Key West Hospitality LLC
".., ~
1000 Atlantic Blvd, Key West FL 33040
305.292.1117
To: Monroe County Commissioners
From: Salute' Restaurant; Fran Gonzon
RE: Closure Dates
Salute' Restaurant was closed due to the 4 hurricanes and the road closure
of Atlantic Boulevard on the following dates.
· "Dennis"
· "Katrina"
. "Rita"
· "Wilma"
July 8-14th
August 25-2Sth
September 17-29th
October 20th - November 18th
If there are any questions, please feel free to give me a call. Thank you.
Sincerely,
./
.'
,//
//
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Francis J. Gonzon, Owner Contract
..
Salute Restaurant Effective Date:
Expiration
Date:
Contract PurposelDescription:
The purpose of the agenda item is to abate rent for 54 days during the months of July,
August, September, October and November, 2005 due to closure of Atlantic Boulevard caused
by hurricanes and the inability to operate
Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 08/16/06 Agenda Deadline: 08/01/06
CONTRACT COSTS/REVENUE
Total Dollar Valuc of Contract: $ ~ Current Year Portion: $ N/ A
Budgeted? YesD No 0 Acc~ . _-_-_-_-_
Grant: $ N/ A
County Match: $ N/A
- - - -
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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 Needed
Division Director _ YesD NoD
Risk Managemen\~-) J' Db YesO NokS -1'::' "/- .,J,..
o.AlPur~~ _ YeSDNce:(
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Date Out
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County Attorney 7/J-ttjot?
OMB Form Revised 2/27/01 Mep #2
LEASE AMENDMENT
This Lease Amendment is made and entered into this _ day of ,
2006, between the COUNTY OF MONROE, and FRANCIS J. GONZON in order to
amend the Negotiated Lease Agreement, hereinafter referred to as "Lease" between the
COUNTY COMMISSIONERS OF MONROE COUNTY and CONCH CRUISERS,
INC., SAL PARRINELLO, dated August 12, 1998; as amended February 10, 1999; as
amended Ju1y 21, 1999: as amended September 20, 2000; as amended May 16, 2001; as
amended October 17, 2001; as amended July 17, 2002; as renewed July 15, 2003; as
amended May 19,2004; as amended July 14,2004; and as assigned on April 20, 2005, as
follows:
1. Rental payments in the amount of $6,913.92 (Six Thousand Nine Hundred
Thirteen and 92/100 Dollars) monthly or $227.31 (Two Hundred Twenty-
Seven and 311100 Dollars) per day shall be abated for 54 days equaling a total
amount of $12,274.74 (Twelve Thousand Two Hundred Seventy-Four and
74/100 Dollars) due to the closure of Atlantic Boulevard because of hurricane
damage as follows:
a. Hurricane Dennis: July 8 through 14,2005;
b. Hurricane Katrina: August 25 through 28, 2005;
c. Hurricane Rita: September 17 through 29,2005; and
d. Hurricane Wilma: October 20 through November 18, 2005
2. In all other respects, the original agreement between the parties dated August
12, 1998; as amended February 10, 1999; as amended July 21, 1999: as
amended September 20, 2000; as amended May 16, 2001; as amended
October 17, 2001; as amended July 17, 2002; as renewed July 15, 2003; as
amended May 19,2004; as amended July 14,2004; and as assigned on April
20,2005 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
~y
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By:
Deputy Clerk
Witness
FRANCIS J. GONZON, Owner
SALUTE RESTAURANT
By:
Witness
CONSENT TO ASSIGNMEItT OF LEASE
This Consent to Assignment is entered into this 20th day of April, 2005. by and
between Monroe County, a political subdivision of the State of Florida, hereafter
County, Conch Cruisers, Inc., hereafter Assignor, and Francis J. Gonzon, hereafter
Assignee, the parties agreeing as follows:
1. The County leases approximately 3,928 s.f. of restaurant space at Higgs
Beach, Key West, Florida, through an Agreement dated August 12, 1998,
hereafter the original agreement, and renewed on July 17, 2002 for one five-
year term commencing August 12, 2003, with an additional five-year
extension commencing August 12.2008, at the Lessee's option. The original
agreement has been modified to reflect changes in rent obligations on July
15, 2003, May 19. 2004. and July 14, 2004. The original agreement,
modifications and renewal agreements are attached and incorpomted into
this Consent to Assignment.
2. Paragraph 7 of the lease provides that the Lessee may elect to sub-lease or
assign the lease agreement only upon the previous written consent of the
Board of County Commissioners for Monroe County.
3. The Assignor and Assignee have entered into a contract for sale/purchase of
the restaurant business which contract includes an assignment to Assignee
of all the Assignor's rights, title and interest in the lease.
4. In considemtion for such consent, the Assignee agrees to be bound by all
the terms and conditions of the original agreement, as previously amended.
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~~~~~OF, the parties have set their hands and seals as of the date first
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AT'rEsT: nANNY L. KOLHAGE. CLERK
ByJh~ C. LW)!~
Deputy Clerk
BOARD OF COUNIY COMMISSIONERS
OF MONl)O} ~9IDQ.:YJ. FLO~~ ,
BY: L/4/" //7. ~a-1../
Mayor Dixie M. Spehar
LESSEE CONCH CRUISERS. INC.
BY~lI~~:i
Dawn Parinello
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MONROE COUNTY ATTORNEY
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ZANN A. HU
Dale ASSISTANTf!~qORNEY
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% CPJ 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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CONCH CRUISERS, INC.
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CONTRACT AMENDMENT
Salute Restaurant at Higgs Beach
This Contract Amendment is made and entered into this May 19, 2004, between the
COUNTY OF MONROE and Conch Cruisers, tnc. 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: uThe Lease
amount shall increase by the Consumer Price Index (CPl), 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.
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.
,/~:;[fl~~:::".,>' , W~EREOF, the parties have hereunto set their hands and seal the day
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BOARD OF COUNTY COMMISSIONERS
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This Renewal Agreement is made and entered into this July 15, 2003, betw~M~ ~ 0
COUNTY OF MONROE and Conch Cruisers, Inc. in order to renew the Leas~~. r c.n 6
Agreement between the parties dated August 12, 1998,as amended on July g~02t"U ::::0
copies incorporated hereto for reference, as follows: =-d~~ :: Fg
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1. In accordance with Article 1. of the July 17, 2002 Lease Amendment, theg.essee'::- :::0
exercises the option to renew the lease.for the first of two (2) five-year te"nns; the fuSt 0
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 first written above.
(Seal)
Attest DANNY L KOlHAGE, CLERK
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Deputy CI
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Witness
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Conch Cruisers, Inc.
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LEASE AMENDMENT
(Salute' Restaurant at Higgs Beach.)
TIllS Amendment is made and entered into this 17th day of July 2002, between the
COUNTY OF MONROE and CONCH CRUISER'S INC. in order to amend the Agreement
dated August 12, 1998, (a copy of which is incorporated hereto by reference) as follows:
] . Revise paragraph 3 of the Lease to provide Lessee the option to renew the lease for two
additional five (5) year terms; the first to commence, at Lessee's option, on August 12,
2003 (as presently provided in the lease); and the second term to commence, at Lessee's
option, on August 12,2008.
2. Revise paragraph 6(A) of the lease to provide: (1) Lessee shall be entitled to close the
restaurant for three (3) weeks, between the dates September 16 and October 15 of each
year; and (II) Public restrooms shall be opened at 7:00 a.m. and close at 11:00 p.m.,
Monday - Sunday, including holidays, pending change in County Ordinance #13.5-
3 (2)(C).
3. In all other respects, the original agreement between the parties dated August 12, 1998,
remains in full force and effect.
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BOARD OF COUNTY COMMISSIONERS
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CONTRACT AMENDMENT
( Salute' Restaurant at Higgs Beach)
This Contrad Amendment is made and entered into this 17th Day of October, 2001,
between the COUNTY OF MONROE and Conch Cruisers, Inc. in oreler to amend the
agreement between the parties dated August 12, 1998, copies incorporated hereto for
reference, as follows:
1. Revise payment schedule for September through December 2001, from being
payable on the first day of the month, in advance, to submitting September's
payment by October 15lh, 1/3 of October's payment by October 31st, 213 of October's
payment and 1/3 of November's payment by November 15th, 1/3 of November's
payment by November 30lh, and the balance of November and all of December's
payment by December 15th, 2001.
2. 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 seat the day
and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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THIRD AMENDMENT TO LEASE AGREEMENT I
(Higgs Beach Concession/Restauront)
THIS LEASE AMENDMENT entered into the I bth day of fV\tly . 2001, by and between
the Boord 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 providiAg aU jonitul M <ft~t..~ 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
WHE~AS, 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 agreel11ents 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 hove 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, os 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 doted 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
irst above written.
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BOARD OF COUNlY COMMISSIONERS
/ MONROE COUNlY, FLORIDA
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SECOND AMENDMENT TO LEASE AGREEMENT
(Higgs Beach ConcessionlRestaurant)
THIS LEASE AMENDMENT entered into the 20th day of September, 2000 by and between the
Board of County Commissioners, 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
WHEREAS, Lessor previously abated rent for loss to business resulting from Hurricane Georges
damage and prior beach closing; and
WHEREAS, Lessee has requested an abatement of rent for the period from .Tune 1, 2000 through
August 17, 2000, due to poor bUSiness while Higgs Beach was closed: now therefore
IN CONSIDERA nON of the promises contained herein, the lease dated August 12, 1998, as
previously amended, is hereby amended as follows:
1. The Lessor hereby grants an abatement of rent.
2. One half of the rent paid by Lessee for the period of June 1,2000 through August 17, 2000
shall be applied to rent due for subsequent months. The sum of rent already paid for the period .June I,
2000 through August 17, 2000 is $11,859.24. This $5,929.62 credit shall be applied as follows;
September $4,910.00
October $1,019.62
3. Lessee shall pay to Lessor by October I, 2000 the sum of $3,890.38 for October.
4. Regular monthly rent payments will resume effective November 1, 2000 and continue each
month thereafter through the end of the five-year lease term.
5. All other respects, the original lease agreement between the parties dated August 12, 1998,
ded, remains in full force and effect.
~~
S WHEREOF, the parties hereto have caused these presence to be executed as of the
ve written.
: D_ , ,. -:L. KOLHAGE, Clerk
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~NDMENT TO LEASE AGREEMENT
FILED FOR REq~1{s Beach Concession and Restaurant}
This AmendnU-A IJtsAltmDtent is made and entered into this c! I ~I day of July. 1999, by
and betwee~{?f. ~NTY COMMISSJONERS OF MONROE COUNTY, FLORIDA (lessor) and
CONCH CRU .... .~~ello. (Lessee) in order to amend that certain lease Agreement
entered intoJlfmift"eet .,,:rlit~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.
Witnesses
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
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AMENDMENT TO LEASE AGREEMENT
(Higgs Beach ConcessionfRestaurant)
This amendment to Lease Agreement is made and entered into this 10tI\
day of ~ 1999, by and between the BOARD OF COUNTY
COMMIS5iONERSOF MONROE COUNTY, flORIDA (lessor) and CONCH
CRUISERS, INC., SaJ 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.:Jl.999, q, .."
February 20,1999, and February 21, 1999, to March 20,1999, respectfulta ~ ; r=
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NOW, THEREFORE, the lease agreement dated August 12, 1998'2f~ 6
amended as follows: ~;:oo ." ~
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1. In accordance with paragraph 22 of the lease, the Lesspl! hireb~. 0
grants an abatement of rent for Lessee's loss of business caus~d bIp ~
damage to the foci! ity 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 I,
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
IJ. "Seal. the cJaY'l;lfId year first written above.
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~y L KOLHAGE, CLERK
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Witness
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
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By \..U-\.~..,.,_._.~~~
Mayor/Chairman
By
SECTION THREE
NEGOTIATED LEASE AGREEMENT
TIITS lease, entered into on the U1h day of AUfVlst 1998, by and between the BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA (Lessor) and Qmro
!=rnlsers. Ine.. Sal Parrinello (Lessee), whose address is J 601 Bahama Drive. Key West.
E1orida. 33040.
The parties to this lease hereby agree to the following:
1. 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 oiall 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 eoncession!restaurant at Clarence S. Higgs Memorial Beach,
Key West, Monroe County, Florida, for a term offive (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 "A".
3. The Lessee may exercise an option to renew this lease for an additional five (5) years with
written consent of the Board 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 term.
4. The Lessee, in consideration of the foregoing rights and privileges, does hereby covenant
with the Lessor to pay rental fees as follows:
year one (1): Monthly rent $4,583.33 (555,000.00 per year)
~ars two (2) thru five (5): Monthly Tent S4,910.00 ($58,920.00 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 1 through 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 shan deliver to the Lessor the sum of $s.QH3.ll, 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 of$4,910 for the last month's rent. Lessor shall
not be required to post bond securing said advance rent or deposit.
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B. The first month's rent, paid in advance, shall be for the month of October.
l2.2.8. Rent shall be due on the first day of each and eve!)' 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 (I5) 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-l 0:00PM, 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 selYices 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 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.maintaincd
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.
2
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 concessionlrestaur~t
or improvements thereto; in case of any attempt to place a mechanic's lien on premises,
the Lessee must payoff the same; and that if default in payment thereof shall continue for
thirty (30) days after written notice, said Lessor shall have the right and privilege, at its
option, to pay off 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 statutOI)' 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 alllicenses required by alllaca!. 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 pennit any person to use in any manner whatsoever the said demised property, nor any
portion thereof, for purposes calculated to injure the reputation of the premises or of the
neighboring property, nor for any pwpose or use in violation of the laws of the United
States, or of the State of Florida, or of the ordinances ofMomoe 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 injwy 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
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
3
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 shaH
observe and obey all lawful rules and regulations which may from time to time during the
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 oithe Lessor to do so, which willl10t 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 pennits 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 frohl any and al1 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 ofliability 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 so Ie 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.
4
22. In the event that the demised premises, or the major part thereof are destroyed by fire,
stonn, 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 advane<: 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 notie<:s pursuant to this lease shall be forwarded to the following addresses:
Lessor: Lessee:
Monroe County Public Works Conch Cruisers, Inc.
Facilities Maintenane<: Department Sal Parrinello
3583 South Roosevelt Boulevard 160 1 Bahama Drive.
Key West, Florida 33040 Key Wcst, 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
attorney's fees and costs associated with said litigation from the losing party.
25. The Lessee will be responsible for all necessary insuranc~ coverage as indicated on the
attached forms identified as Gm, GL, WCl, VL, GILIQ, AU, 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
maintained during the lease term.
26. This lease shall be goveme~ by the laws of the State of Florida. Venue for any disputes
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
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