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07/19/2023 Agreement Kevin Madok, cpA Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: July 20, 2023 TO: Jahn Allen Director ol'Parks & Beaclies ATrN: Naonii Nyidas Executive Assistant FROM: Pamela G. Hanco(O-C. SUBJECT: July 19" BOCC N4ec6ng Attached is an electronic copy of the following item fOryour liandling: D4 Lease Agreement with 1000 Atlantic Blvd. LLC for Higg's each Food and Beverage Concession Services. Sliould you have any questions please feel Free to contact ine at (305) 292-3550. cc: County AttonicN, Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Lease Agreement LEASE AGREEMENT FOR HIGGS BEAQLJ CONCESSION KEY WEST,M )_NRQE COUNTY, FLORIDA THIS LEASE AGREEMENT is made and entered into on the 19th day of July , 2023, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred,to as"County"or"Lessor", whose address is 1100 Simonton Street, Key West, Florida 33040, and 1000 Atlantic Blvd LLB`, a Florida Limited Liability Company, who mailing address is 729 Thomas Street, Key West, Florida 33040, hereinafter referred to as"'Lessee"or"Tenant". WHEREAS, Lessor is the owner of the Clarence S. Higgs Memorial Beach, Park, hereinafter"Higgs Beach",and WHEREAS, County advertised via the competitive solicitation process a Request for Proposals ("RFP") for Food and Beverage Concession Services Concession at Higgs Beach, through which Lessee was deemed the highest ranked responsive, conforming proposer; and WHEREAS,Lessor desires to grant to Lessee a non-exclusive right to maintain and operate a Food and Beverage concession(s)at Higgs Beach at Key West, Florida, and WHEREAS, the Lessee desires to enter into such a lease and represents to the Lessor that it is qualified to operate a concession(s) and has the financial resources to undertake such an, operation; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained,the parties do hereby agree as follows: 1. Premises. The COUNTY as LESSOR does hereby lease unto LESSEE and the LESSEE does hereby accept from the COUNTY, in its "as is" condition, the Premises identified and shown on Exhibit "X, hereinafter the "Premises", for use as a Concession, situated at 1000 Atlantic Boulevard,Key West,Monroe County, Florida. Exhibit""A"is attached to this agreement and made a part hereof and incorporated by reference. 2. Lease Documents. The lease documents,of which this agreement is a part,consists of the lease documents, which are as follows: This agreement and any amendments executed by the parties hereafter,together with the RFP and any addenda,the response to the RFP,and any attached exhibits thereof, and all required insurance documentation. In thee event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. Page 1 of 21 3. 'Scope of Work and Reeulations. The Lessee shall maintain and operate a concession business for the purpose of food and 'beverage concession and/or any other enterprise appropriate for the location(s), currently located on that certain portion of Higgs Beach as evidenced on the attached Exhibit"A". (a)The Lessee shall provide a list of food and beverages to be provided with pricing. The County reserves the right to reject any items or services it finds inappropriate, objectionable, or not in the best interests of the County, Lessee is permitted to employ entertainment with the written consent of the Director of Parks and Beaches or his designee. (b) The Lessee must comply with all the applicable requirements of the statutes,rules, ordinances, regulations, orders, and policies of the federal, state, county, and city governments including but not limited to LWCF regulations, in effect on the effective date of this Lease or later adopted. (c) Lessee shall be required to obtain and maintain Monroe County and City of Key West Occupational Licenses before beginning operations. Lessee shall also be responsible for obtaining and maintaining any additional licenses which may be required by Lessee's operations at Higgs Beach before beginning operations. A copy of all licenses must be provided to the County Parks and Beaches Sr. Budget Manager within,fifteen (15)days of contract award. 4u TerLn., This Lease Agreement shall commence on the 12th day of August, 2023, and will terminate on the 12th day of August, 2028, unless terminated earlier under another paragraph of this agreement, 5. Renewals. This Lease may be renewed, at the County's discretion, contingent upon written approval of the Board of County Commissioners,for five(5)additional five(5)year terms upon written request by the Lessee, provided at least sixty 60) days prior to termination of the Lease or any renewal thereof. 6. Rentah,Maintenance Fee and Tax. (a) RENT: The minimum base rental payment (hereinafter collectively known as collectively known as "Base Rent'''), shall include rent, and applicable tax. The Rent for the Premises is a minimum of $7,500.00 Dollars per month, beginning on August 12, 2023, and thereafter payable in advance on or before the first business day of each and every month. LESSEE SHALL PAY SALES,USE,or EXCISE TAXES and any and all other sums of money or charges required to be paid by Lessee pursuant to the provisions of this lease. Rental Amount Page 2 of 21 To: Monthly Rent: $7,500.00 (Minimum) Monthly Applicable Use tax: $ 525.00 TOTAL Rent: $8,025.00 "Current rate as of 01/0 1/2023:7%(State and Local)subject to change and rent amount due shall be adjusted accordingly. (b) PERCENTAGE (%) GROSS TAXABLE SALES: In addition to the monthly rental payment, Lessee agrees to pay Lessor Two and One-half Percent(2.5%) of the monthly gross taxable generated by Lessee's operation of the food and beverage concession space as shown on Exhibit "A", with a guaranteed combined total minimum of Fifteen Thousand Dollars ($15,000.00) per month. Stated differently, the percentage portion of the rent shall be equal to a minimum of Seven Thousand Five Hundred Dollars($7,500.00)per month, in addition to monthly base rent of Seven Thousand Five Hundred Dollars ($7,500.00) per month. Monthly gross revenues are determined on a monthly basis. A calendar year shall run from January Ist through December 31st inclusive. Payment of charges under this subparagraph shall be made in monthly installments. A statement, including proof of monthly revenue and a log documenting days and hours of operation, shall be provided by the Lessee to the Lessor each month along with an accurate and complete copy of the State of Florida Department of Revenue, Sales and Use Return DR-15 (or such forms as the State of Florida shall hereafter substitute for said form) showing,the full amount of Lessee's Gross receipts from the Demised.Premises during the previous month. 'The Statement must be in affidavit form. Lessee shall remit monthly on an arrears basis the greater amount of either 2.5% of gross taxable sales or the monthly guaranteed minimum ($7,500.0�0). Payment shall be made no later than the 25th day of the month payment is due, i.e. January payment by February 25, February by March 25,etc. The Lessee must provide the County with the sales tax records for each month or quarter depending on Lessee's filing requirements and remit the difference. Lessee is subject to a fifty-dollar($50.00) late submission penalty should Lessee not furnish to Landlord copies of Form DR-I 5 by the twenty-fifth(25th) day of each month. "Gross Sales" shall mean the amount of sales of all merchandise, food or services sold or rendered at or derived from the use of the Demised Premises by Lessee or any sub-Lessee, licensee, etc. Lessee may deduct from Gross Sales: (i) any refunds to customers, provided they have been included in Gross Sales; and (ii)the amount of any sales, use or similar tax levied upon retail sales and payable over to the appropriate governmental authority. (c)An annual rental payment adjustment shall be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CP,I-U) for the prior calendar year ending on December 3,1 st. The increase will take effect on the anniversary month of the month Page 3 of 2 t when the operation opened for business. In the event of'a deflationary CPI-U,no adjustment in the lease arnowit will be made. All payments should be made payable to the Monroe County BOC'C and directed to the Monroe County Parks and Beaches Department, Contract Monitor, 10205O Overseas Hwy., They Largo, FL 33037. (d) Lessee must open the operation for business within thirty (30)days of'the effective date of this Agreement. (e) Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes,during the term of the Agreement and for four(4)years following the termination of this Agreement. An annual operating statement prepared and certified by a Certified Public Accountant (C.P,.A). must be provided to the Lessor on or before February 28 of the following year and shall include with reasonable detail the amount of Gross Sales made by Lessee from the Demised Premises during the preceding Lease Year. (f) The Lessee must pay all assessments, taxes, including sales, taxes, levied by any governmental body with the power to impose assessments or taxes. The Lessee must provide the County with the sales tax records for each month or quarter depending on Lessee's filing requirements as set forth in Paragraph 5(b)hereirt, (g) The amounts due under sections 5(a), 5,(b), and 5(f) shall constitute the total monthly rent. Notwithstanding any grace period herein, total, rent not paid when due shall bear interest from the date due until paid at the highest rate permitted by law. (h) The Lessee must provide all, items and equipment needed for the operation including, but not limited to: kitchen equipment, shelving, display cases, tables, chairs, refrigeration units, cooking apparatus etc. Lessee's items and equipment must be removed from the outside of the Premises at the end of each day or secured in a location within Lessee's concession space, as agreed upon with the Lessor, in such a manner as to not interfere with any, daily beach cleaning operations. All property of any kind that may be on the premises during the term of this Lease Agreement 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 or person on the premises. (i) Notwithstanding anything set forth in paragraph 10 of this agreement,if the Lessee fails to pay any rents or fees due under this,Lease within fifteen(15) days after the Lessor notifies the Lessee in writing that the rent or charge is overdue,then the Lessor may,in its discretion,either immediately or later, expel the Lessee and any persons claiming the Premises by or through the Lessee, and remove any of the Lessee's effects without being guilty of trespass and without Page 4 of 21 prejudice or waiver to any other available remedy the Lessor might have for the recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease will terminate. However, the Lessee's obligation to pay the rent or charges due: will survive the termination. Overdue rent and charges will accrue interest beginning on the 10 h day after the Lessee was notified in writing by the Lessor that the renter charges were overdue. 'The interest rate will be that established by the Comptroller under Sec. 55,03, Fla. Stat,, for, the year in which the rent or charge first became overdue. 7. ForeeMaieure. Neither party shall be liable for any failure or delay in the performance of its obligations under the Lease Agreement to the extent such failure or delay necessarily results from the occurrence of a Force Majeure Event beyond the control or reasonable anticipation of either party, including, but not limited to, compliance with any unanticipated government law or regulation not otherwise in effect at the time of execution of this Agreement, acts of God, unforeseeable governmental acts or omissions, flood, fires, earthquakes, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Premises, strikes,natural disasters, wars, terrorist threats,riots,or other civil unrest in the geographic area of the Premises, transportation problems, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other public or employee restrictions, and/or any other unforeseeable cause whatsoever beyond the reasonable, control of the parties(and such cause being referred to as a"Force Majeure Event"). (a) Upon the occurrence of a Force Majeure Event, the iron-performing party shall be excused from any further performance of those,obligations under this Agreement that are of by the Force Majeure Event for as long as(a)the Force Majeure Event continues;and(b)the non- performing party continues to use commercially reasonable efforts to recommence performancc whenever and to whatever extent possible without delay. (b) Upon the occurrence of a Force MaJeure Event, the non-performing party shall notify the other party of the occurrence of'such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within two(2)business days following the failure or delay caused by the Force Majeure Event,or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing party from providing notice within such time period. (c) In the event of a Force Majeure Event, the, time for performance by the parties under the applicable scope of work shall be extended for a period of time equal to the time lost by reason of such cause through,execution of an amendment pursuant to the terms of the Agreement. 8. Personnel. Page 5 of 21 (a) The Lessee will be responsible for the supervision, hiring, and firing of their own employees and shall be solely responsible for the pay, worker's compensation insurance, and benefits. (b) Communication between the County Representative and the concession personnel is very important. Therefore,the Lessee must assure that at least one(1)concession personnel can communicate well with the County Representative. Any employee hired by the Lessee will be the Lessee's employee and in no way has any association with the County. The Lessee shall insure that its employees are trained in all appropriate safety regulations, and comply with all such applicable laws and regulations and comply with all other local,State, and Federal regulations. (c) The parties further agree that failure by Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no ffirther responsibility to make payment or perform any other duties described herein. 9. Hours of QUeration. The Lessee agrees W furnish good, prompt and efficient service and/or merchandise to meet all demands for concession service at Higgs Beach. Lessee shall offer quality products at competitive prices at least consistent with similar goods and services presently being offered locally in other local facilities. All pricing for all goods and services are to be posted and visible for all customers. The operation must be open for service a minimum of six (6) days a week as a concession/restaurant Monday-Sunday,including holidays,anytime between 7:00 A.M. - 11:00 P.M., and shall not exceed the established beach hours as specified in Monroe County Ordinance 18-26(e), as may be amended from time to time. Hours of operation may be modified by mutual agreement. 10. Use and Conditions. (a) The Lessee must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation.Lessee shall provide separate containers for waste and for recyclables. Lessee must deposit all trash, waste, and recyclable s in those containers for proper disposition of the waste and recyclables at the place designated by the Lessor. (b) No signs, advertising, or awnings may be erected by the Lessee, unless they are approved by the Director of Parks and Beaches or his designee in writing. (c) Smoking shall be prohibited in accordance with Monroe! County Code of Ordinances Sec. 194,as may be amended from time to time. (d) As a protection, Monroe County takes many precautions to preserve the beaches and natural environment.The County commits to protecting Sean Turtles,other coastal wildlife and their habitat. The Lessee shall also coordinate and cooperate with State Agencies and sea turtle Page 6 of 21 conservation groups during turtle nesting season,April 15 through October 3 1,when Save-a-Turtle representatives and/or Certified Turtle Inspectors, are walking the beaches. It is important that the Lessee understand these environmental regulations., (e) Lessee must furnish the necessary equipment, furnishings 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 Lessoes consent. If Lessee fails to remove said moveable equipment or furnishings within five (5) days after termination of this lease, said items shall then become the, property of the Lessor. The Lessee is responsible for the sole costs and expenses and any maintenance of the Lessee's operation, including any utilities required for its operation and the equipment used by Lessee andlor offered for rental. All accessories and equipment applicable to Lessee's concession operation shall be clean and in good working condition at all times. All, rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk,shall be removed immediately. The Lessee will be responsible for insuring equipment is safe and meets all regulated safety requirements. During the term of this lease, Lessee is responsible for all maintenance and repairs, including major repairs such as structural work and roof replacement and replacement of the building if destroyed. All repairs and replacement must be of the same or better quality as,the original work and conform to all applicable building codes.Lessee shall be responsible for and shall properly maintain the leased premises,and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. The Lessee will keep the premises clean at all times and must meet all requirements for food handling as required by the Mo+ nroe County Department of Health., (f) In the event that the demised premises,or a major part thereof are destroyed by fire, storm,or any other casualty,the Lessor at its option and without assuming Lessee's responsibilities, may forthwith repair the damage to such structure at its own cost and expense. The rental thereon shall ecase 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 completion of such repairs,the full rental shall commence and the Lease shall then continue the balance of the term. If Lessor exercises its option to repair the premises, Lessee agrees to assign its right to the insurance proceeds to the Lessor. If insurance proceeds exceed the costs of repair,the,Lessor will, at its option, either remit the excess funds to the Lessee or apply the excess funds as a credit towards Lessee's next due monthly rental payment. If repair costs exceed the insurance proceeds, Lessee agrees to pay Lessor within 30 days for any and all costs of repair not covered by insurance proceeds. (g) Lessee agrees to keep the leased premises in a safe,clean and well-maintained order at no expense to the Lessor.This provision is to be monitored by the Director of Parks and Beaches or his representative. (h) Lessee agrees to operate its business in a businesslike manner, Page'7 of 2t (i) 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. 0) Alcoholic beverages may be sold within the enclosed restaurant and patio area only upon acquisition and maintenance of'p�roper licenses and approvals from local, state and federal agencies. No carry-out sales of alcoholic beverages is permitted. Sales and consumption of alcoholic beverages must cease by I I:00 P.M. (k) Entertainment may be provided only in the enclosed restaurant and patio area. Any entertainment must be acoustic soft background music and must cease by 11:00 P.M. (1) Rights not specifically granted to the Lessee by this Lease Agreement are reserved to the Lessor. 11. Lessor's Termination. Except as otherwise provided herein, the Lessor may cancel this agreement when, after giving the Lessee thirty (30) days' written notice that an act of default has occurred, the Lessee fails or cannot cure the following: (a) The appointment of a receiver of the Lessee's assets. (b) The divestiture of the Lessee's interest in the lease by court order or other operation of law, (c) The Lessee's abandonment of the operation. Failure to open,the operation and keep it open during the business hours described in this agreement for six (6) consecutive days shall constitute abandonment. (d) The failure of the Lessee to timely perform any of the obligations required of it wider this agreement. No waiver of default by the Lessor of any of the obligations required of the Lessee under this agreement may be construed as a waiver of any subsequent default of any of the obligations that are required to be performed, kept,or observed by the Lessee. The Lessor's waiver of an act of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement because of the Lessee's failure to subsequently perform an obligation or obligations under this Lease Agreement. 12. Lessee's Termination. If the Lessee is not in default of its obligation to pay the rent and the charges, the Lessee may cancel this agreement when, after giving the Lessor sixty (60) days written notice of an act of default, the Lessor fails or cannot cure,or fails to timely perfann, the obligations required of it under this Lease Agreement. 13, Insurance. Page 8 of 21 (a) Lessee shall obtain and maintain at its own expense the insurance coverages listed in Exhibit C. (b) The Lessee must keep in full force and effect the insurance described during the term of this agreement. If the insurance policies originally purchased that meet the requirements are canceled, ten-ninated, or reduced in coverage, then the Lessee must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Parks and Beaches Contract Manager,as appropriate,whenever acquired,amended,and annually during the term of this Lease. (c) The insurance required of the Lessee in this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because of an act or omission of the Lessee. The insurance requirements of this paragraph do not make any specific injured member of the general public a third party beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph,or evict the Lessee if the Lessee becomes uninsured or underinsured, is not a breach of any duty or obligation owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents,or estate,or heirs. (d) Notwithstanding anything set forth in paragraph 10 of this agreement, the Lessor may treat the Lessee in default if the Lessee, after entering the premises but before beginning its operation, does not have the insurance required by subparagraph 12(a). Before the County may terminate the agreement in this situation, the County must give the Lessee a written notice of the default stating that, if the required insurance is not obtained within ten (10) days of the Lessee's receipt of notice, then the County will cancel this agreement. The County may treat the Lessee in default and cancel this agreement if the Lessee, after starting the operation, fails to keep in full force and effect the insurance required by subparagraph 12(a). Before treating the Lessee in default and terminating the agreement in this situation,the County need only provide the Lessee 24-hour notice by E-Mail or overnight courier, The County may, but need not, provide Lessee with an opportunity to cure the default. 14. Non-Exclusive lei fiats. Notwithstanding anything herein contained that may Ibe, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of Higgs Beach. 15. Rights Ugon Termination. At the end of this agreement (or any renewal), the Lessee's right to the Premises, the, use of Higgs Beach facilities, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Lessee at the Premises are personal to the Lessee and remain the property of the Lessee and must be removed by him/her, The Lessee must also restore the Premise to its original Page's of 21 condition, ordinary wear and tear and damage by causes beyond the control of the Lessee, excepted. 16. County's Right of EnLa. Lessor reserves the right hereunder to enter upon the Premises at any reasonable time, during normal operating hours for any purpose connected with the performance of the Lessor's obligations under this agreement or in the exercise of its governmental functions.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, Leasehold Improvements.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 Parks and Beaches and shall be subject to all City, County, State and Federal code provisions governing construction. Lessee shall be responsible for obtaining any permits required by any government agency. All site improvements shall be pre-approved by Monroe County in accordance with its policies, procedures,ordinances and/or regulations. 18. Use Restrictions. The leased/concessioned area is to be operated by the lessec/concessioner for public outdoor recreation purposes in compliance with provisions of the Land&Water Conservation Fund Act(LWCF)and implementing regulations(36 C.F.R. Part 59) as may be amended from time to time. As such, the Itemised Premises must be publicly identified as publicly owned and operated as a public outdoor recreation facility in all signs, literature and advertising,, while acknowledging that the Demised Premises is operated by a lessee/concessioner, to eliminate the perception the area is private. In accordance with LW regulations, compliance with all Civil Rights and accessibility legislation (e.g., Title VI of Civil Rights Act, Section 504 of Rehabilitation Act, Americans with Disabilities Act) is required, and compliance will be indicated by signs posted in visible public areas, statements in public information brochures, etc. All fees charged by the lessee/concessioner to the public, must be competitive with similar private facilities. Property acquired or developed with LWCF assistance shall be retained and used for public outdoor recreation. Currently, the LWCF program is administered by the National Park Service(NPS). The County is in the process of requesting approval or acquiescence to the operation of the Restaurant from the NPS as it operates today. The NPS has the authority to disapprove requests and/or to reject proposed property substitutions if not in accordance with the provisions of the LWCF Act. Should the request be disapproved or denied, Lessee acknowledges that the Restaurant must cease operations. Page 10 of 21 MONROE COUNTV, ITS AGENTS, AFFILIATES, SUCCESSORS-IN- INTEREST, IN NO WAV, SHAPE, OR FORM GUARANTEE LESSEE'S ABILITV TO OPERAT"JHE PREMISES. /Lessee s yeixally,#&nowledges receipt of this section. I itiaals 19, Rights Reserved. Rights, not specifically granted to Lessee by this Lease Agreement C�l are reserved to the Lessor. 20. Rights of C'ounty. The Lessor shall have the absolute right, without linlitation, to repair, reconstruct, alter oradd to any structure or facility at Higgs Beach, or to construct new facilities at Hig.gs Beach. The Lessor shall, in the exercise of'such right, be free froill, any and all liability to the Lessee for business darnages occasioned dUrillL7 0 the making Of Such repairs, alterations and additions. except those occasioned by the sole act ofneolioence of the Lessor, its L, L7 employees or agents, 21. Assianment. The Lessee may not assign this agreement, or any part cal"it, or sublease the Premises, or any f,)ortion of the Prcillises, without the written approval of the Lessor, The change of the Lessee's status from an individual to as partnership or corporation is all assignment under this paragraph requiring the Lessor's approval. I fthe Lessee is approved to do business ill the corporate 1`orrn, any assigninent of a controlling interest in the corporate stock is also all ,assignment under this paragL�raph that requires the Lessor's approval, All the obligations ofthis agreenient, will, extend to the legal representatives, successors, and assigns of the Lessee and Lessor, 22, Indem nification/111 old Flarmless/Defense. The Lessee covenants and agrees to defend, indemnity and hold harrnless Monroe County Board Of County Commissioners., and its elected and appointed Officers, officials, agents, servants, and employees froril any and all clairns, demands., or causes of action fior bodily injury (including death). personal injury, and property damage (including property owned by, Monroe County) and any other losses, datriages, costs, penalties, and expenses (including attorneys 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 wav limited to, reduced. or lessened by the insurance requirements contained elsewhere within this agreement. 23, Nondiscrimination. Lessee agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of' competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action oil the part of any party, effective the date of,the, Court order, Lessor and Lessee agree to comply with all Federal and I'llorida statutes, arid all local ordinances, as applicable, relating to nondiscrimination. These include but are not firnited to: 1) Title V11 of the Civil Rights Page I I of 21 1 � '�u�" �i i� w r r w �, 1 � � � r� jai r w ti � ww .�4 i � 'w iw, ! 9u � 4 � i M. M q�� N 11 � A ��'. �..:� ;.I' � � i', it -. i w 9F'. 4� Ml e� -. IN w 9u �, N N i _• 11 +� .r ��i N � w i 4• r y'.. +» . „ * , �� -� - � � _ _ � � wry � � � �� w "' � A �M � � r " . r M r� r r> � �i � w wry Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any beating on or pertain to any matters, rights,duties,or obligations under or covered by any contract document (all foregoing hereinafter referred to as"Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees, at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be, kept for ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this,Agreement. 27'. Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) for a period of seven (7') years from the termination of this Agreement or for a period of five(5)years from the submission of the final expenditure reportas per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7)years following the termination of this Agreement. 28. Relationship of Parties. The Lessee is, and shall be, an independent contractor and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and supervision over the means and manner that its employees,agents,or volunteers perform the work for which purpose this Lease is entered. The Lessee shall have no,authority whatsoever to act on behalf and/or as agent for the Lessor in any promise,lease,or representation other than specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any negligence on the part of the Lessee, its employees,agents,or volunteers resulting in either bodily or personal injury or property damage to any individual,property, or corporation. 29, Subordination. This Lease is subordinate to the laws and regulations of the United States, the State of Florida,and Monroe County,whether in effect on commencement of this Lease or adopted after that date. Page 13 of 21 30,. Premises to be Used for Lawful Purposes, It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to ase in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property 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, or the City of Key West, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Lessee and 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 leasehold Premises or any part thereof by Lessee.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 the term hereby promulgated and enforced by the Lessor at the beach. 31. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease 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, said Lessee shall not be required to pay rent under this Lease while it is so deprived of said property,and that said Lessor shall not incur any liability as a result of such ouster. 32. No Waiver of Breach. 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 shall be construed to be a waiver of any succeeding breach of the same covenant. 31 Severabilill. If any term,covenant, condition,or provision of this Agreement or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by, a court of competent jurisdiction,the remaining terms,covenants,conditions,and provisions, of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. Lessor and Lessee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 34. Binding Effec , The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective legal representatives, successors,and assigns. Page 14 of 21 35. Authority, Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action,as required by law. 36. Claims for Federal or State Lessor and Lessee agree that each shall be,and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 37 AdiudicationofD,ispuLesor.Disagreements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shad have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 38. Cooperation., In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance,or breach of this Agreement, Lessor and Lessee agree to participate,to the extent required by the other party,in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. Lessor and Lessee specifically agree that no party to this Agreement shall be required to enter into, any arbitration proceedings related to this Agreement, 39. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest,and shall not acquire any interest,which would conflict in any,manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 40. Code of Ethics, County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.,313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts;doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 4 1. No Solicitation/Payment. Lessor and Lessee wan-ant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it,any fee,commission,percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this Page 15 of 21 provision, Lessee agrees that Lessor shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,commission, percentage, gift, or consideration. 41 Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of,all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter H 9, Florida Statutes, and made or received by the Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to unilaterally cancel this Lease upon violation of this provisions by Lessee,,, 43. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,Florida Statues,the participation of the Lessor and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 44. Privileges, and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Agreement within the territorial limits of the Lessor,shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents,volunteers,or employees outside the territorial limits of the Lessor. 45. Legal Obligations and Responsibilities. Non-Delcgation of Constitutional or Statutory Duties. This Agreement is not intended to,, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be, construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida Constitution, State Statute,and case law. 46. Non-Reliance by Non-Parties. No person or, entity shall be entitled to rely upon,the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Page t6 of 21 47'. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require,to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement,and a Vendor Certification Regarding Scrutinized Companies List., 48. No Personal Liabilill. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of'the execution of this Agreement, 49, Execution in Counterparts This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of'the parties hereto may execute this Agreement by signing any such counterpart. 50. PCher Use. Lessee shall not use or permit the use of the Premises, or any part thereof for any purpose or use other than an authorized by this Agreement. 5L Paragraph Headings— Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph or section. 52. Notices. Any notice or other communication from either party to the other pursuant to this Agreement shall be sent by United States Mail, certified return receipt requested, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses- For Lessor: For Lessee; Monroe County 1000 Atlantic Boulevard, LLC Parks and Beaches Contract Monitor Richard Hatch, Managing Member 102050 Overseas Hwy. 729 Thomas Street Key Largo, FL. 33037 Key West, Florida 33040 And And Monroe County Attorney Wayne LaRue Smith,The Smith Law Finn Post Office Box 1026 509 Whitehead Street Key West, FL 33041-1026 Key West, Florida 33040 53. E-Verift SlEtem. Beginning January 1, 2021, in accordance with F.S. 448.095' the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize Page 17 of 21 the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 54p Rights Reserved. Rights not specifically granted to Lessee by this, Lease are reserved to the Lessor. 55. Governing Law, Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease Agreement,the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate, administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terins,or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 56. Attorngj's Fees,and Costs, The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees,court costs, investigative,and out-of-pocket expenses,as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 57. Mutual Review, This Agreement has been carefully reviewed by the Lessee and the Lessor, Therefore, this Agreement is not to be construed against either party on the basis of authorship, 58. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings,oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 59� Final Understanding.,This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written,and signed agreement. Page IS of 21 Q) 7ITNESS WI IFRE F. each party has caused this Lease Agreement to be executed by t a ut d representative. r�\ LESSOR: BOARD OF COUNTY COMMISSIONERS N MADOK. CLERK OF MONROE COUNTY, FLORIDA a u Ile .w As Deputy Clerk By: ayor Pry Tem 'i nesses fo 1.ES ' pI LESSEE:: _ l t Si nature of person authorized to Sig i e legally bind ®ration Date: int N n Date Print Name Title Address: Signature t "Telephone Number Print Name Bate ®® CD Z- _. APPROVED AS TO FORM & LEGAL SUFFICIENCY t tt a >l t t tAttorney Page 19 of'21 Exhibit "A" HIGGS BEACH CONCESSION RE' SEDM MAY 17, 023 MONROE COUNTY OUTSIDE DINING PARKS AND BEACHES ;',. . *DINING AREA 387,2 SF ° _bt�r. � .'AF•w�YF'�p�s bm°q.,w` ♦ � MA}�"• Fm"w4.jhx ,. ........ .r mow. „ DINING AREA 7 SF 146 8F OUTSIDE DS NIL G`G W7TAKEO T P ININ MN AREA W SF � 71 SF I �r ,°� ,.,,� �r` �^"w"".;° •` ors •wG a,xI �'�" mom, W r �,,,,�.. � a mW�,•� mr KITCHEN AREA 54,0,8 SF ti { xWtl ma e » n w a STORAGE MEN NOMANS 177 SF 177SF OFFICE 114,6 SFELR 1F " 18.E SF IZ Page 0 Cif' 1 EXHIBIT "Bil l� e%% a OR:5 16 u F r V ' Ig y � rAl < l EE v'M S w' F�, ,,�,".',,�" ,w '',;,�1 �� .5^fir�tlt .�'�, "°•��"� li�� /%„ �I The Higgs Beach Master Plan may be found at the following 1117.l: P a„oe 21 aaN' 1 PROPOSAL V E 1 UI BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O I I H I DEPARTMENT GATO BUILDING II - 1 -1100 SWONTONSTREET IIKEY WEST, FLORIDA The undersigned, having carefully examined the work, specifications, RFP documents, and addenda thereto, and other Contract Documents for the services of- FOOD AND BEVERAGE CONCESSIONI T HIGGS BEACH MONROE COUNTY, FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself wit material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with specifications, and other contract documents including addenda issued thereto. Company Information and Signature Page Company E1 t '..k._. l�w ... Company Name: ---w Company Ownership: �� w .... i�° Years in Business: Company Address: ... rz,,s tj �w„u . 13 v I a /A . Company Phone Number: 111 7 Fa Company web address: �f/A uViet Number of Employees: Company E-mail: + ,, t �r , Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: t Title: ,.,. Phone Number: � 1 nnhture of Authorized Pepresentative.. ..0 ea . ��.n ate � ��.� ��o�. ._............ Type or Print Officer's Name and itlp..`. �..t A,..oAL Bags 23 of 65 Bid Type of Concession: Continuation of restaurant operation that entity has been operating at this location since 2008 Bid Price for Concessions ace at Higgs Beach will e paid to Monroe County at the following rate; Monthlye t of $7,500.00 for retail concessions ace. plus 2.5% percentage of Cross Taxable Sales or a guaranteed minimummonthly fee of $` 0 . m, whichever is greater, generated by Lessee's operations at retail or food concession space. 1 acknowledge receipt of Addenda No.(s) too. latecl lfc�. bated No.........................Dated................................................................................................................. No. bated Page 24 of 65 Proposer,states by his/her check mark in the blank beside the forrn and by his/her signature that he/she has provided the following forms: a. Proposal Form with proposed sample list of items or services ' with pricing to be offered for sale ,...__ b. Non-Collusion Affidavitvit C. Lobbying and Conflict of Interest Clause d. Drug-Free Workplace Form C. Proposer's Insurance and Indemnification Statement f: Insurance Agents Statement(signed by agent) g. Local Preference Form and requirements(if applicable) h. Public Entity Crime Statement 1. C ,m cation g crutinized Companies List � '. Oree3�c er re n t (3) references k. Three(3 i Statements in to email m C D �, In addition, Proposer states that he/she has included a current copy of all required professional and/or License. k mark items above.as a reminder that a io Proposer/Company: , 1kTt.A 0 -R.! .... v 1. Mailing Address: Pho�neNumber: Email Address: Date: �" Signed. Vakoi,P-A AA Urgi (Name) IL (Title) Witness: Print Name: 7 Page 25 of 65 NON-COLLUSION I ..µ,._.� of the ct of according to law on my oath,and under penalty of perjury,depose and say that: o the f i of . � 7 I TM ",. ,. ,W, a� ( .. s L L .., ._ the bidder making the Proposal for the project described in the �Request for Proposals fon uo -0 I �s"C G— c. ,r.r S� a .� 'a � :e 5 7 � t .. _.5 'e k ...... mm, . ...... . ......... .,,.., and that I executed the said proposal with full authority to do so: 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting,competition,as to any matter relating to such prices with any other bidder or with any competitor;and 3, Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosedy the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and No attempt has been made or will be made byte bidder to induce any other person,partnership or corporation to submit,or not to submit,a bid forte purpose of restricting competition;and 5. The st tepian -e o e in this dit are true and correct,and made with full knowledge of sajd project and hit VI<onr relies upon the truth of the sta>lernents contained in t i wit i i conreject. , ,. ;� 2 �,. . (Signature of Respondent) Fate) STATE OF ��ro. COUNTY OF The [ Physical presence or instrument was sworn to [ ] online (or this affirmed)W and subscribed w me by means of 20A.p by 1<9 ' Signature of Notagublic-Stag of l `i a e of R0_ ry Personally Known O Produced I e ti ca ion 6 yp ,,,,, � commission ex tres � � Type of Identification Produced GLORIA JOAN MILLER CAREY Notary Public,State of Florida Commission#HH 035069 °•.,0W day Comm.Expires Aug 23.2024 Bonded through National Notary Assn. Page 26 of 6 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ETHICS CLAUSE o CYO A-Ti-/\ d —It C 6)0 U'L-e VA-P—h L,L— C (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer oremployee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the fall amount of any fee, commission, percentage, gift, or con ideration paid to the fon-ner County officer or employee". .............. ............ ................... (Si nature) Da ........ ......... ... STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this day of . ........... 20,?;� by ............... Signature of Notary Public-State E orida GLORIA JOAN MILLER CAREY Notary Pubac.Sri te of F(orjda Cornmjssioft�Hi 035060 C My Comm.Expires Aug 23,2024 ........ Bonded through National Notary Assn. Name of Notary My commission expires: Personally Known OR Produced Identification ........... Type of Identification Produced Page 27 of 65 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087, hereby certifies at: ., °„ ...... ,.. .......... .... ._ (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. . Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). . In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by e terms of the statement and will notify the employer of any conviction o , or plea of guilty or nolo conten ere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. . Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance o rehabilitation program if such is available in theemployee's community, by, any employee who is so convicted, 6m Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized U sign he statement,I certify that this firm complies ful with e above r � ,ieni Contractor/Respondent's , ignature Date STATE F x . COUNTY OF e foregoing instrument was sworn to (or affirmed) and subscribed before me by means of physical presence or [ online notarization this day of .W , 20, , y a, r t6 . Signature of Notary Public-State of Florida/ 6, "° GLORIA JOAN MILLER CAREY Notery lc-State of Comrnfstr0 4HO035069ca Jr'a1r d ' , iriek �'. re�..., Comm.Expires Aus 23,2024 Bonded through Nattonak Notary Assn. Name of Notary y commission expires: , s e w Personally Known- OR Produced Identification Type of Identification Produced Page 28 of 65 LOCAL PREFERENCE FORM A. Vendors clairning a local preference according to Ordinance 023-2 0 , as amends by Ordinance No. 01m01.5 raga 025-201.5, must complete this form. Ott rt 0 7 ow f� ° ate: Name ofBidder/Responder_............ - ....... ,., .� . l. Does the vendor have a valid receipt forte business tax paid to th Monroe County Tax Collector dated at least one (1)year prior to the notice of request for proposals. 1 (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or perfonns business on a dayday basis that is a substantial component oft e goods or services being offered to Monroe County? W W W W W W (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for proposals.) l ; ,�. 2 .: ........... List Address: � '. ... c., �.. ,,,,...... "..o m....._ Telephone Number f . �000. o �..... �_._.... "dw�dwdwdw.�. ma. �� ,�oe�o� ay."...dwe�� . . �.... B. Does the vendor/prime contractor intend to subcontract 50% or ore of the goods, "ervices�or construction to local businesses meeting the criteria above as to licensing and location. If yes,please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(1)year prior to the notice or request for proposals. . Subcontractor's physical business address within Monroe County from which e subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1) year rior tote notice of request for bids orproposals) Tel.Number Addr Signature and Title ofAuthorized Signatory for Bidder/Responder STATE . ,�` COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[�-J`gahysical p i nce [ -;,�f notarization this day of �d��w.�� 20 "3 , by presence or �� online �. r GLOR fA J Signature of Notary Public o FIo�IT da �NotaryCawy �rorr . c Ps�b61c•��MILLER CAREY -•State State of FCAr��ta , ..r ComCommission 0 HH 035069 � �r d l c� � co�Yldr9 Notary �. � Name of�lotary y ion expires:,_,,,A w Personally Known OR Produced Identification ' Type of Identification Produced Page 36 of 6 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither 'A 11--l- -------....laced -- (Contractor/Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six(36)months. (Sign: re}, Date: STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this day of (vIttg 20,A.3, by =4 RMGLORIA JOAN MILLER CAREY Signature of Notary Public-State of I lion a p4otary Public�State Of F�Orlad HH 035069 My Comm.jx;�re%A,14 21.2024 sotAry AW� Sonde4 thrOugh"'c"11 Name of Notary My commission expires:, ........... Personally Known 'A OR Produced Identification ............. ............ Type of Identification Produced ,__- .......... Page 37 of 65 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): XW f............. .............................Respondent Vendor Name: ............. Vendor FEIN: ,, Vendor's Authorized Representative Name and Title: ........tee..........................................................W co............. Address: /,V00 ......................................................... city: —le-4, ............. State: ........................................................................................................................................................... Phone Number- Email Address ,Ja�144 Section 287.135, Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated,at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By, ........ who is authorized to sign on behalf of the above refcro ipany. Authorized Signatur .................. Print Name:, 42? "7 Ac kk-1 � .............. Title: W zke Note: The List are available at the following Department of Management Services Site: bttp:/,)www.dms mvflodd;1.cg usin ss operations/state p rchasinglyendor information%cony ed su d di criminatory complaints vendor lists ........................................................................................................................................................... Page 38 of 65 PHILADELPHIANFIP Policy Number: 8704327227 INS(l RANCF, COXIPANIES Company Policy Number: 87043272272021 Agent: -INSURANCE OFFICE OF AMERICA INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 Payor: INSURED LONGWOOD,FL 327505069 Policy Term: 10/16/2022 12:01 AM-10/16/2023 12:01 AM Policy Form: GENERAL PROPERTY Agency Phone: (305)289-0213 To report a claim https://phlynood.manageflood.com visit or call us at: (888)200-5603 RENEWAL FLOOD INSURANCE POLICY DECLARATIONS NATIONAL FLOOD INSURANCE PROGRAM DELIVERY ADDRESS INSURED NAME(S)AND MAILING ADDRESS 1000 ATLANTIC BLVD LLC 1000 ATLANTIC BLVD LLC 729 THOMAS ST 729 THOMAS ST KEY WEST, FL 330407334 KEY WEST, FL 330407334 COMPANY MAILING ADDRESS INSURED PROPERTY LOCATION PHILADELPHIA INDEMNITY INSURANCE COMPANY 1000 ATLANTIC BLVD PO BOX 200584 KEY WEST, FL 330404852 DALLAS,TX 75320-0584 BUILDING DESCRIPTION: OTHER NON-RESIDENTIAL TYPE BUILDING DESCRIPTION DETAIL: RESTAURANT RATING INFORMATION BUILDING OCCUPANCY: NON-RESIDENTIAL BUILDING REPLACEMENT COST VALUE: $596,250 NUMBER OF UNITS: N/A DATE OF CONSTRUCTION: 01/01/1949 PRIMARY RESIDENCE: NO PROPERTY DESCRIPTION: SLAB ON GRADE(NON-ELEVATED),1 FLOOR(S),MASONRY CURRENT FLOOD ZONE: VE CONSTRUCTION FIRST FLOOR HEIGHT(FEET): 1.1 PRIOR NFIP CLAIMS: 0 CLAIM(S) FIRST FLOOR HEIGHT METHOD: FEMA DETERMINED MORTGAGEE/ADDITIONAL INTEREST INFORMATION FIRST MORTGAGEE: LOAN NO: N/A SECOND MORTGAGEE: LOAN NO: N/A ADDITIONAL INTEREST: MONROE COUNTY BOCC LOAN NO: N/A TOURIST DVLPMNT COUNCIL 1100 SIMONTON STREET KEY WEST,FL 330403110 DISASTER AGENCY: CASE NO: N/A DISASTER AGENCY: N/A RATE CATEGORY— RATING ENGINE COVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DUE BUILDING: $200,000 $5,000 BUILDING PREMIUM: $6,336.00 CONTENTS: $150,000 $5,000 CONTENTS PREMIUM: $3,351.00 COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. INCREASED COST OF COMPLIANCE ICC PREMIUM: $75.00 Please review this declaration page for accuracy.If any changes are needed,contact your agent. ( ) Notes: The"FULL RISK PREMIUM"is for this policy term only. It is subject to change annually if there is any MITIGATION DISCOUNT: ($0.00) change in the rating elements.Your property's NFIP flood claims history can affect your premium,for questions COMMUNITY RATING SYSTEM REDUCTION: ($19.00) please contact your agency."MITIGATION DISCOUNTS"may apply if there are approved flood vents and/or the machinery&equipment is elevated appropriately.To learn more about your flood risk,please visit FULL RISK PREMIUM: $9,743.00 FloodSmart.gov/floodcasts. ANNUAL INCREASE CAP DISCOUNT: ($0.00) Ir " STATUTORY DISCOUNTS: ($0.00) I DISCOUNTED PREMIUM: $9,743.00 Y„ RESERVE FUND ASSESSMENT: $1,754.00 Ai M HFIAA SURCHARGE: $250.00 FEDERAL POLICY FEE: $47.00 W' PROBATION SURCHARGE: $0.00 TOTAL ANNUAL PREMIUM: $11,794.00 IN WITNESS WHEREOF,we have signed this policy below and hereby enter into this insurance aqreement. John Glomb/ resident and CEO Edward Sayago/VP&Deputy CLO This declarations page along with the Standard Flood Insurance Policy Form constitutes your flood insurance policy. Zero Balance Due -This IS Not A Bill Policy issued by: PHILADELPHIA INDEMNITY INSURANCE COMPANY Insurer NAIC Number: 18058 IIIIIIIIIIIIIIIIIIIIIIIII File: 21284047 Page 1 of 1 IIIIIIIIIII IIIIIIIIIIII DOCID: 177187089 Printed 10/10/2022 CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS POLICY NUMBER: 00039887-9 POLICY PERIOD FROM 10/16/2022 TO 10/16/2023 at 12:01 a.m.Eastern Time Transaction: RENEWAL CNR-W Pay Plan: Citizens Full Pay Bill: Insured Billed Named Insured and Mailing Address Agent FI.Agent Lic.# 1000 ATLANTIC BOULEVARD, LLC SHEILA ANN SERRANO W032348 729 THOMAS ST EAGLE AMERICAN INSURANCE AGENCY, KEY WEST, FL 33040 LLC 1855 W.STATE ROAD 434 LONGWOOD, FL 32750 Telephone:305-296-8666 Telephone:407-998-4276 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENTS. i T PREMIUM By COMMERCIAL PROPERTY COVERAGE DATEe —j 0, $19,005.00 Required Additional Charges: WAN I1 — - 2022 Florida Insurance Guaranty Association(FIGA)Regular Assessment $133.00 2022-B Florida Insurance Guaranty Association(FIGA)Regular Assessment $247.00 Catastrophe Financing Surcharge $2,851.00 Tax-Exempt Surcharge $333.00 TOTAL: $22,569.00 See Form CDEC-FE-SCH—Commercial Policy Forms And Endorsements Schedule Countersigned: 08/17/2022 Authorized By: SHEILA ANN SERRANO BY: Issued Date: 08/17/2022 Barry J.Gilway President/CEO and Executive Director Citizens Property Insurance Corporation CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00039887-9 Effective Date: 10/16/2022 to 10/16/2023 Insured Name: 1000 ATLANTIC BOULEVARD,LLC LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO. 1 CSP Code: 0542 BUSINESS DESCRIPTION: Restaurants-With cooking DESCRIPTION OF PREMISES 1: 1000 ATLANTIC BLVD ONE STORY MASONRY RESTAURANT BLDG NOT INCLUDING FABRIC CANOPY Location Address Group I Construction Group II Construction Protection Class BCEGS Grade 1000 ATLANTIC BLVD N/A Masonry N/A Ungraded KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units N/A N/A Monroe-86 1 COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance Is Shown. Covered Total Replacement Limit Of Causes Cost/BPP Actual Coverage Insurance Of Loss Cash Value Rates Premium First Loss Building(Bldg) $761,000 Wind $761,000 Class $14,587.00 No Business Personal Property(BPP) $150,000 Wind $150,000 Class $2,636.00 No Your coverage limits have been adjusted for inflation. OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below Coverage Premium Replacement Cost Building Business Personal Property Yes No DEDUCTIBLE Hurricane,Other Windstorm or Hail Percentage Deductible Deductible Percentage(Deductible Amount) Bldg:3%($22,830) BPP:3%($4,500) WINDSTORM MITIGATION FEATURES Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR C 1949 N/A N/A Connection N/A N/A Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N/A N/A Protective Devices N/A N/A None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $17,223.00 CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission. CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00039887-9 Effective Date: 10/16/2022 to 10/16/2023 Insured Name: 1000 ATLANTIC BOULEVARD,LLC LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO.2 CSP Code: 0542 BUSINESS DESCRIPTION: Fully Enclosed Restroom DESCRIPTION OF PREMISES 1: 1000 ATLANTIC BLVD ONE STORY MASONRY RESTROOM BLDG Location Address Group I Construction Group II Construction Protection Class BCEGS Grade 1000 ATLANTIC BLVD N/A Masonry N/A Ungraded KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units N/A N/A Monroe-86 N/A COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance Is Shown. Covered Limit Of Causes Total Coverage Insurance Of Loss Replacement Cost Rates Premium First Loss Building(Bldg) $93,000 Wind $93,000 Class $1,782.00 No Your coverage limits have been adjusted for inflation. OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below Coverage Premium Replacement Cost Building Business Personal Property Yes DEDUCTIBLE Hurricane,Other Windstorm or Hail Percentage Deductible Deductible Percentage(Deductible Amount) Bldg:3%($2,790) WINDSTORM MITIGATION FEATURES Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR C 1949 N/A N/A Connection N/A N/A Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N/A N/A Protective Devices N/A N/A None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $1,782.00 CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. 1000ATL-01 REGANL DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F1/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NTT CT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)537-2782 (A/C,No): Marathon,FL 33060 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Trisura Specialty Insurance Company 16188 INSURED INSURER B:FHM Insurance Company 10699 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C: 729 Thomas Street INSURER D: Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR OSU100615600 1/13/2023 1/13/2024 DAMAGE TO RENTED 100 000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PELT � LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: LIQUOR LIABILIT $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X OSU100616600 1/13/2023 1/13/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC30600058172023A 1/1/2023 1/1/2024 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is additional insured with respect to general liability and auto liability APPROVED BY RISK MANAGEMENT .�M DATE 1/18/2023 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street?? � Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD