Resolution 240-1986
Kermit H. Lewin
County Administrator
RESOLUTION NO. 240 -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, FLORIDA, AND TROPICAL
SAILBOATS, INC., CONCERNING THE LEASING OF A
PORTION OF 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
Tropical Sailboats, Inc., a copy of same being attached hereto,
concerning the leasing of a portion of 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 8th day of Augo_, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor Chairman
(Seal)
At tes t: DANNY L. KOLHAGE, Clerk
APPRo/ED AS TO FORM
Ar.fJ.. JIE. .Cf CfAAL SUFFICIE.NCY.~:/, . . .
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Attorney's Office (
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Key West, Florida
LEASE
This lease, entered into on the day of
1986, by and between the Board of County Commissioners, Monroe
County, Plorida (Lessor) and Tropical Sailboats, Inc., a Florida
Corporation, 1414 Von Phister 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 Clarence S. Higgs Memorial Beach, Key
West, Florida as evidenced by the attached drawing
marked Exhibit "A" for the purposes set forth in that
Offer Proposal submitted by Lessee on June 4, 1986 to
the Board of County Commissioners.
This location is further described as the area which the Lessee
is currently utilizing on the beach in front of the present
restaurant concession stand, the beach area of approximately 125'
X 30' commencing at the westerly end of the existing seawall and
adjacent to the easternmost existing pavillion, and the existing
sailboard storage room located adjacent to the present restaurant
concession. These areas are those currently being used by this
Le sse e .
This lease has been reviewed and approved by the County
Administrator as directed by the Board of County Commissioners at
their reglllarly 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 an 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 affreements 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 title and
peaceable possession of the premises during the term of the
lease.
3. Covenants and Agreements of Lessee.
a. Payment In return for the privilege of using the de.signated
portion of Clarence S. Higgs MemoriBl Beach, Tropical Sailboats,
Inc., will make monthly payments of rent to Monroe County equal
to ten percent (10%) of its total gross proceeds on the beach.
It is estimated that the minimum rental payable to the County
(which occurs during the off-season in the Fall) will be
three-hundred dollars ($300.00) a month which this Lessee shall
pay to the County as a minimum each month. Payment to the County
will be made on or before the 15th day of each successive month
of the lease period.
Page 1 of 2 Pages
b. It is agreed that records of the gross revenues of the Lessee
will be available for audit by the County at all reasonable
time s .
c. The Lessee will continue to maintain both a current City and
County occupational license during the period of the lease.
d. The Lessee agrees to recondition and maintain the line of
floats which extends from near the beach to the ocean end of the
Reynolds Street Pier to help keep the sailboats and sailboards
separated from the swimming area for the period of the lease.
e. The Lessee will conduct its operation in a business-like
manner at all times. It will keep the area free of disabled
boats and discarded boat equipment, and will pick up, on a daily
basis, the trash and debris left in the area by the public. All
equipment will be maintained in good working order.
4. All terms of that Offer Proposal dated June 4, 1986 submitted
by Tropical Sailboats, Inc., are incorporated herein as terms of
this lease, by reference.
Signed and sealed at Key West, Florida, this -[.;~i-i-t day of June,
1986.
Attest:
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JOfl Gregory
Se~retary/Treasurer
Tropical Sailboats, 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 "A"
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'''''~'''~~--~!~.,c,,-:;-, ,~c'~","I!"'1iM GENERAL LlABILlTY.AUTOMOBILE POLICY
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STOCK COMPANY
WESTERN WORLD
INSURANCE COMPANY, INC.
KEENE. NEW HAMPSHIRE
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POLICY PROVISIOHS - PART A
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WESTERN WORLD INSURANCE COMPANY, INC.
KEENE, NEW HAMPSHIRE
IA Stock insurance company, herein called the company)
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy
agrees with the named Insured as follows: ,
DEfiNITIONS
When used in this policy (including endorsements forming a part hereon:
"automobile" means a land motor vehicle. trailer or semi.trailer designed for
,hvel on public roads (including any machinery or apparatus attached thereto',
does not include mobile equipment;
~Odil1 Injury" means bodily injury, sickness or disease sustaj~ed by any person
which occurs during the policy period, Including death at any time resulting
therefrom; ,
"collapse hazard" includes "structural property damage" as defined herein and
property damage to any other property at any time resulting therefrom. "Structural
property damage" means the collapse of or structural injury to any bUilding or
structure due to III grading of land, excavating, borrowing, filling, back.filling,
tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring,
underpinning, raising or demolition of any building or structure or removal or
rebUilding of any structural Support thereof. The collaps. hazard does not include
property damage III arising out of operations performed for the named insured by
Independent contractors, or 121 included within the completed operations hazard
or the underground property damage hazard, or (3) for which liability is assumed
by the insured under an inCidental contract;
"completed operations hazard" includes bodily injury and property damage arising
out of operations or reliance upon a representation or warranty made at any time
with respect thereto, but only if the bodily injury or property damage OCcurs after
such operations have been completed or abandoned and occurs away from premises
owned by or renled to the named insured. "Operations" include materials, parts
or equipment furnished in conneclion Iherewith. Operations shall be deemed com.
pleted at the earliesl of the following times:
III when all operations 10 be performed by or on behalf of the named Insured
under the contract have been completed,
(2) when all operations to be performed by or on behalf of the named insured at
the site of the operations have been completed, or
(3) when the portion of the work out of which the injury or damage- arises has
been put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal
as a part of the same project.
Opera lions which may require further service or maintenance work, or correc-
tion, repair or replacement because of any defect or deficiency, but which ar.
otherwise complete, .shall be deemed completed.
The co,,!pleted operations hazard does not include bOdily Injury or property
~;',-?,oiIge aflSmg out of
'- j. operations in connection with the transportation of property, unless the bodily
"'v. Injury or property doilmage arises out of a condition in or on a vehicle created
by the loading or unloading thereof,
Ib) the existence of tools, uninstalled equipment or abandoned or unused ma.
terials, or
JP6JOO.1.G
16-19)
Ptd. In U.S.A.
Ic) operations for which the classification stated in the policy or in the company's
manual specifies "including completed operations";
"elevator" means any hoisting or lowering device to connect floors or landings.
whether or not in service, and all appliances thereof including any car, platform,
shaft, hOistway, stairway, runway, power equipment and machinery; but does nol
include an automobile servicing hoist, or a hoist without a platform outside a
building if without mechanical power or if not attached to building walls, or a
hod or material hoist used in alteration, construction or demolition operations, or
an inclined conveyor used exclusively for carrying property or a dumbwaiter used
excluSively for carrying property and having a compartment height not exceeding
four feet;
"explosion .hazard" includes property damage arising out of blasting or explosion.
The explOSion hazard does not include property damage III arising out of the ex.
plosion of air or steam vessels, piping under pressure, prime movers, machinery
or power transmitting equipment, or (2) arising out of operations performed for
the named insured by indepe'ndent contractors, or (3) included wilhin the com.
pleted operations hazard or the underground properly damage hazard, or (4) for
which liability is assumed by the insured under an incidental contract;
"incidental contract" means any written III lease of premises. (2) easement
agreement, except in connection wilh construction or demo/iIion o~erations on or
adja~e.nt to a railroad, (3) undertakin~ to indemnify a municipality required by
mUniCipal ordinance, except in connecllon with work for the municipality, (4) side.
track agreement, or 15) elevator maintenance agreement;
"insured" means any person or organization qualifying as an insured In the "Per.
sons Insured" prOVision of the applicable insurance coverage. The insurance
afforded applies separalely to each insured against whom claim is made or suit
is brought, except with respect to the limits of the company's liability;
"mobil. equipment" means a land vehicle /including any machinery or apparatus
attached thereto), whether or not self.propelled, III not subject to motor vehicle
registration, or (2) maintained for use exclusively on premises owned by or rented
to the na,,!ed. insured, Inclu,ding the ways imm~diately adjoinin~, or (3) designed
tor use pnnc,pally off public roads, or (4) deSigned or maintamed for the sole
purpose of affording mobility to equipment of the fOllowing types forming an in.
tegral par~ of or permanently attached to such vehicle: power cranes, shovels,
loaders, diggers and drills; concrete mixers (other than the mix.in.transit type);
graders, scrapers, rollers and other road construction or repair equipment; air.
comPressors,. pumps and generators, including spraying. welding and building
cleanmg equipment; and geophysical exploration and well servicing equipment;
"named Insured" means the person or organizalion named in Item 1. of the decla.
rations of this policy;
"na,!,ed Insured's products" means gOOds or products manufactured, sold, handled
or dlstnbuted by Ihe named insured or by others trading under his name, inClUding
any ~~ntainer thereof lother. than a vehicle), but "named insured's products" shall
not mclude a vending machine or any property other than such container, rented
to or locat.d for use ot others but not sold;
WESTERN WORLD 1f',15URANCE <XH'l?ANY,
KEENE,-lEW HAMPStWH
PART B GENERAL l ,IBllITY-AUTOMCBill P lUCY
DE : LARATlONS
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R.n.wal 01 Number
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No. GLA 225272
Item 1. NiIIJJ~d.lgsur.e.d ,.ard A~r.es,sL.D O' A (tI<c.o Str~~!1 1,own or City, County, Stal t)
IhU lL.,... -.lrI! I.... l'~L
. 1414 VON PHIsrER STREET
KEY WEST, FL 33040
Item 2. POlj{;y Period: ,(Mo. Day Yr.)
1.::- l :J-8:i
from to
12:01 A.M., standard time at the address of the named insured as stated herei I.
12-15-E,~
The named insured is:
o Individual 0 Partnership
Business 01 the named insured is: (EHn" .ELOwj
O:Corporation
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o Joint Vlml u 'e 0 Olh.: ______
Audit Period: ,~I nu,i1 ulless olher, e stated, 1'~TI~ ULOw)
Item 3. The insurance afforded is only with respect to the following Coverage P Iftls) indicated bfijlt'l il premium I,rgeis).
Advance Coverage Covera&e Partls)
Premiums Part Ho(s).
S Automobile Medical Paymenls Insurance
S Automobile Physical Damage Insurance
(Dea lers)
$ Automobile Physical Damage Insurance
(fleet Automatic)
S Automobile Phrsical Damage Insurance
'~~ (Non.fleel '. .
Basic Automobile liability Insurance I
S Completed Opera lions and Products liability
Insurance
$ Comprehensive Automobile liability Insurance
S Comprehensive General liability Insurance
S Comprehensive Personal Insurance
S Contractual Liability Insurance
S Druggists' liability Insurance
S Elevator Collision Insurance
S farm Employers' liability and farm Employees'
Medical Payments Insurance I
S farmer's Comprehensive Personal Insurance
$ Farmer's Medical Payments Insurance ,..
S Garage Insurance
S lV FL. STATE TAX L9109 L9141
S .J ( Total Advance Premium far this policy. I
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Premiums Part HG:l
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Caveraie Partls)
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Hospital Professionalliabilily Insurance
.J Manufacturers' and Contractors' liability
lnsurar:ce
Owner's and Contractor's Protective Liability
Insurance
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Owners', landlurds' and Tenants' liability
Insurance
.
.- Personal Injury liability Insurance
Physicians', SLrgeons' and Dentists' Professional
liabilil~ Insurance
- Premises Medical Payments Insurance
Spec ial Pro It c IIJe and Ii ighwa y liabilil y Insurance
New YurK Deparlment of Transportation
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- Storekeeper's IlIsurance
Ulllnsured Mu lor I sls Insurance
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11ISC. [JOATS
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ADDL. LOCATIONS
,. forn,-ilunlbers orendornmelilS:
ather than those entered on
. ...-.-. Coverage Partls), attached at issue
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. If the Policy Period is more than one year and the premium is to be paid in installrr enls, premium is pay,i1H on:
Effective Date 1 st Anniversary 2nd Anniversary
S S $
Item 4. During the past three years no insurer has cancelled insurance, issued 10 the n ~med insured. similar It t lat afford,! ,ereunder, unless otherwise stated herein:
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THIS PART B, WITH "POLICY PROVISIONS-PART A", ANO COVERAGE PARTeS) ANO IljOORSEMENT(S)" (IF j,/," SSUED TO 'V'M A PART TliEREOF, COMPlETE(S)
THE ABOVE NUMBE i ED POLICY
~ 'mters/gned:
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. Not applicable In Texas
CONI-lECTICUT UNDEfHJIHTERS,
02-06-86
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ADDENDUM TO LEASE
TIllS ADDENDUM, entered into this IJ'/L.y of G.~~)..t+-.
1986, adds paragraphs number five (5) through ten (10) to that
certain lease entered into on the 18/~ay of ~ 1986, by and
between the Board of County Commissioners of Monroe County,
Florida, (Lessor), and Tropical Sailboats, Inc. (Lessee). Said
paragraphs five (5) through ten (10) to read as follows:
5 . " I nd emn i t y .
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 $1,000,000. 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. Obstruction of Piers.
Lessee agrees not to obstruct the pier in any manner.
7. Period of Lease.
This Lease will be in eff~ct for a period of ten (10) years
commencing on August 1, 1986.
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 COMMISSIONERS
OF MONROE COUNTY, FWRIDA
By
-
( SEAL)
Attest:
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Clerk
TROPICAL SAILBOATS, INC.
By
(SEAL)
Attest:
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