Resolution 239-1986
Kermit H. Lewin
County Administrator
RESOLUTION NO. 239 -1986
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE
A LEASE AND AN ADDENDUM TO SAID LEASE BY AND
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLOR IDA, AND SUNSET
WATERSPORTS, INC., CONCERNING THE LEASING OF
A PORTION OF THE EXISTING PIER AT CLARENCE S.
HIGGS MEMORIAL BEACH.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
The Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease and an Addendum to said Lease by and between the
Board of County Commissioners of Monroe County, Florida and
Sunset Watersports, Inc., a copy of same being attached hereto,
concerning the leasing of a portion of the existing pier at
Clarence S. Higgs Memorial Beach.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of Aug. , A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~","~V~- ~r
ayor a1rman
(Seal) .i
A ttes t: DANNY L. KOLHAGE, Clerk
A;ZJVE'D ii.'; "()Fi'!'!1 .
A~~, Ai. .s,",UI:"(i~O :
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Key West, Florida
LEASE
This lease, entered into on the day of
1!l86, by and between the Board of County Conunissioners, Monroe
County, Florida (Lessor) and Sunset Watersports, Inc., a Florida
Corporation, 604 Whitehead Street, Key West, Florida (Lessee),
which expression shall include the heirs, executors.
administrators and assigns of the Lessee when the context so
admits. This lease evidences the grants, convenants and
agreements made between the parties with reference to the
following described premises:
A portion of the existing pier at Clarence S. Higgs
Memorial Beach located at the end of present boardwalk
at seaward end of pier for approximately forty (40)
feet, full width of pier including loading stairway,
small ticket booth adjacent to beach and/or on pier at
newly constructed site.
Customers will be embarked at a to-be-constructed st.airway on the
western side of the pier and all activities will be conducted
away from swimming areas.
This lease has been reviewed and approved by the County
Administrator as directed by the Board of County Commissioners at
their regularly scheduled meeting held at Key West, Florida on
Friday. June 20, 1986. after the proposal had been duly opened
and found to have conformed to the solicitation for offers made
by the Board.
1. Demise of Premises -- Period
Being the owner in fee of the premises, Lessor does hereby demise
and lease to Lessee for a term of Five (5) years with un option
to renew on the same terms for an additional five (5) years at
the option of the Lessee. The Lessee may exercise this option by
sending a written notice to the County Administrator at least
ninety (90) days before the end of the original lease period.
This lease shall commence on the 1st day of July 1986.
2. Covenants and agreements of Lessor.
In connection with the above demise, Lessor covenants with Lessee
that, conditioned on Lessee's performance and observance of
Lessee's covenants herein, Lessee shall have the quiet t i tie and
peaceable possession of the premises during the term of the
lease.
3. Covenants and Agreements of Lessee.
a. Payment Lessee shall pay to the Lessor. Monroe County, the
sum of eight percent (8%) of gross sales with a guaranteed
monthly minimum payment of $400.00 per month, paymeilt~ to be made
to Lessor not later than the 15th day of each successive month of
this lease. The Lessor may terminate this lease for non-payment
of rent by the Lessee in fifteen (15) days, after written notice.
b. It is agreed thut records of the gross revenues of the Lessee
will be available for audit by the County at all reasonable
times.
e. The Lessee will maintain a County occuputional license during
the period of the lease.
d. The Lessee agrees to keep the leased premises in u safe,
clean and well muintained order at no expense to the Lessor.
Page 1 of 2 Pages
e. Lessee shall be permitted, in accordance with all applicable
codes, to construct loading platform attached to the end of the
existing pier approximately 300 feet seawnrd from the beach. The
approximate length of this platform platform is 40 feet.
Construction shall be at Lessee's expense. Lessee shall be
permitted to erect a small information and ticket booth on the
easternside of the beach adjacent to the pier. A drawing of the
areas to be utilized is attached. (See enclosure 1).
f. The Lessee agrees to maintain its equipment in good working
order and appearance and at all times to conduct its operations
in a business-like manner.
g. Lessee will not sublet this lease without the written consent
oft he Le s so r .
4. All terms of that Offer Proposal dated June 4, 1986 submitted
by Sunset Watersports, Inc., are incorporated herein as terms of
this lease, by reference.
/
Signed and sealed at Key West, Florida, this 2711ld-ay of June,
1986.
Ri~~~(j dJelvfi
President and Sole Incorporator
Sunset Watersports, Inc.
Approved:
Kermit Lewin
County Administrator
June 1986
Wilhelmenia Harvey, Mayor
Board of County Commissioners
Monroe County, Florida
June 1986
Attest:
Danny Kolhage, Clerk
Board of County Commissioners
Monroe County, Florida
June 1986
Page 2 of 2 Pages
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EXHIBIT II
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Insure All Of Florida
6441 Biscayne Blvd.
Hiami, Fl 33138
Linctl11 Insura1l<.e (,()[np;JT/
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Effective 1~01"r"1. ,1986
Expires _.~12:0~_:~.~~___~~~2.:!..._8-4 ,1986 _'_
o This billcer is issu€'d i[)l~:end Cc.v9rage in the above named
compalY per expirng J( Ii 'y # ____.
NAME AND MAiliNG ADDIlE5S OF INSU,;r::J
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Doscrlption 01 Operallon/Vallicie Si Proper! y
(excepI as nOled below)
Sunset Water Sports Inc.
18 Hil tall Haven Road
Key West, FI 33040
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Type and Location of Property
Coverag 81 Perils/Forms
AIT,t 01 Insurance Oed.
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Higgs Beach, City of Key West, Monro'
County
Type 01 Insurance
Coverage/ Forms
L1mll s of Liability
Each Occurrence Aggregate
$ $
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SChHduled Form 0 Cornpretlen~"((1 Form
KJ Pwrnises/Opuat ions OL&T
o Products/Completed Operaticlns
o Contractual
Oltwr (specify below)
Med Pay. $
Personallnjl;ry
Bodily 111)1,;11
Proper! " Dim at;,] S
$
Bodil~ ,illju' { ~
Propert I' IJ ,trC a(, tl
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o Lidl>i1ity 0 Non.owneo
o Comprehenslve.DeeJuctible
o Colli~;ion.Deductible
o Modica' Payments
o Uninsured Motorist
o No Fault (spl~cify)
o Other (specify):
o WORKERS' COMPENSATION - Statutory Limit" (~ipeclfy state~i below)
$.300,000
$ 300,000
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Limits of Liability
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Hired
Bodily Injur y (!:; .:h PerSe'l)
BodilY Injury (I:8"h ACCiO'lnt)
$
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Pmpertj DC] III Ib
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Bodily Injury (~ "ropen I Damage
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C EMPLOYEflS' L/,\b1L1Tl'- Limit
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.,.. SPECIAL CONDITIONS/OTHER COVERAGES
Excluding Punitive & Exemplary dama(;es, Pollution, including asb€!stoil and .l1dependent
Contractors. $1.500 deductable B. L & PD ineluding 10sl: adjustment (XpelW',~S subject
,c to satisfactory inspection. Warran Lies: 1 Parental conf.ent form nod \val.vers are signed.
2. Life jackets an! worn. 3. Minimum age allowed 10 Y1S old.
o LOSS PAYEE
NAME AND ADDlllSS OF 0 MORTGAGEE
o ADD'L INSURED
'..OAN NlJM'lEA
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Signatuo of Au!hori1.11d Ruple, ontalivt!
Date
ACORD 75 111/;'7<1
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ADDENDUM TO LEASE
THIS ADDENDUM, entered into this
day of
1986, adds paragraphs number five (5) through ten (10) to that
certain lease entered into on the 27th day of June, 1986, by and
between the Board of County Commissioners of Monroe County,
Florida, (Lessor), and Sunset Watersports, Inc. (Lessee). Said
paragraphs five (5) through ten (10) to read as follows:
5. Indemnity.
Lessee agrees fully to indemnify and save and hold harmless the
Lessor from and against all claims and actions and all expenses
incidental to the investigation and defense thereof; based upon
or arising out of damages or injuries to third persons or their
property, caused by the negligence of Lessee, its agents or
employees, in the use or occupancy of the said lessed premises,
and all activities connected therewith. The Lessee shall not be
liable for any injury or damage or loss occasioned by the
negligence of Lessor, its agents or employees; and provided
further that Lessor shall give to Lessee prompt and reasonable
notice of any such claims or actions and Lessee shall have the
right to investigate, compromise and defend the same.
Lessee agrees to carry and keep in force such insurance with
a minimum combined limit of liability for bodily injury and
property damage of no less than $300,000. The Lessor shall be
named an additional insured and will be furnished with a
Certificate in evidence of the insurance providing for no less
than thirty (30) days notice in the event of material change or
cancellation. Lessee shall carry this insurance coverage with an
insurance company authorized to do business in the State of
Florida.
6. Construction and Use of Pier Extensions
Lessee agrees to utilize one half of the south side of the pier
extension. The north side of said pier extension shall be
available for public ingress and egress.
7. Period of Lease.
This Lease will be in effect for a period of ten (10) years
commenc i ng on Augus t 1, 1986. After five (5) years, the minimum guaranteed
rental will be $600 per month.
and will not be moved without the consent of the Lessor.
The ticket booths will not exceed 64 square feet,
(Jf
8. Public Address systems.
Lessee agrees not to use any means of Public Address systems in
the operation of his business.
9. Solicitation.
The Lessee agrees there will be no solicitation except upon the
approval of the Board of County Commissioner or County Staff
Personnel.
10. Professional Operation.
Lessee agrees to operate his business in a professional fashion.
All other provisions of said agreement are to remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
addendum to lease to be executed as of the day and year first
above written.
BOARD OF COUNTY COMM IS S lONERS
OF MONROE COUNTY, FWRIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
By
(SEAL)
,A t t est : /1
~!Jt:: dtJ.eittA
APPROVED AS TO FORM ')'
AN~';GAL SUFFIC/~~7: / /
BY '~'(h. (;;;-<->,,,1
Anome"', Office t.