3rd Amendment 3/18/2015 AMY HEAVILIH CPA
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CLERK OF CIRCUIT COURT & COMPTROLLER
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. MONROE COIIRIY,FLORIDA
DATE: March 26, 2015
TO: Beth Leto, Assistant Director
Public Works Division
ATTN: Alice Steryou
FROM: Lindsey Ballard, D.
At the March 18, 2015 Board of County Commissioner's meeting the Board granted approval
and execution of Items:
C.
22. Renew the contract with Master Mechanical Services, Inc. on a month to month basis until a Bid
Agreement is awarded for the central air conditioning maintenance and repair for the Upper Keys
Facilities.
23. A Business Lease with Ships Way, Inc. for Commissioner Neugent's office space on Big Pine Key.
24. amend and renew (3 year) Lease Agreement with Tropical Watersports, LLC, a water sports
V equipment rental concession on Clarence S. Higgs Memorial Beach adjusting for the CPI-U for the prior
12 months ending December 2014.
Enclosed is a duplicate original of the above mentioned executed on behalf of Monroe County for your
handling. Should you have any questions,please feel free to contact me.
cc: County Attorney
Finance
File/
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
THIRD LEASE AMENDMENT AND RENEWAL AGREEMENT
HIGGS BEACH CONCESSION
TROPICAL WATERSPORTS, LLC
This Third Lease Amendment and Renewal Agreement is made and entered into on the 18'h day of
March, 2015 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 TROPICAL WATERSPORTS, LLC., hereinafter referred to as "LESSEE" or
"TENANT" whose address is 3635 Seaside Dr. #301, Key West, Florida 33040.
WHEREAS, on the 15th day of April, 2009, the parties entered into an agreement for the use of
property more particularly described in exhibit "A", hereafter original agreement. A copy of the original
agreement is attached to this renewal agreement and made a part of it; and
WHEREAS, on the 21st day of October, 2009, the parties entered into the first amendment to the
agreement for purposes of providing additional booth areas for LESSEE and amending exhibit "A"which
depicted the leased areas; and
WHEREAS, on the 20th day of January, 2012, the parties entered into the second amendment to
the agreement reducing and relocating the leased area, amending the rental and fees; and
WHEREAS, the original agreement as amended was for a term of three years with an optional (1)
three year renewal option, the parties desire to renew the original agreement as amended for one (3) year
term; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. The term of this renewal agreement is for three (3) years commencing on
April 15,2015.
2. Paragraph 3 of the original agreement is amended to read:
3. Rental and Fees. In return for the privilege of using the designated portions of
Clarence S. Higgs Memorial Beach, LESSEE shall make monthly payments of rent to
LESSOR as follows:
a. 10%of its total gross proceeds or$1,008.00 per month plus sales and usage tax,
whichever is greater, for the beach chair and umbrella rentals; and
b. 10% of its total gross proceeds or$1,008.00 per month plus sales and usage tax,
whichever is greater, for the kayak, sailboat, daysailer, snorkel equipment,
longboard, aqua ball, paddle board, paddle board and other water related
equipment rentals; and
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c. 10% of its total gross proceeds or $100.80 per month plus sales and usage tax,
whichever is greater, of the locker rental proceeds.
d. Rental and fees shall be adjusted annually in an amount equal to the CPI-U for
the preceding 12 calendar months.
e. LESSEE shall, in arrears, include a copy of LESSEE's previous month's
Florida Department of Revenue Sales and Use Tax Form DR-15 with
LESSEE's monthly payments evidencing LESSEE's gross proceeds for the
previous month.
Payments shall be made on or before the fifteenth day of the month following the
month payment is due. Payment should be directed to the Monroe County Finance Dept.,
P.O. Box 1980, Key West, Florida 33040. Rent shall be paid in equal monthly installments,
all of which shall be due and payable on or before the fifteenth day of each calendar month
during which this lease is in effect. Upon the failure of LESSEE to pay any installments
when due, the LEESOR will be entitled to charge and collect, and LESSEE will be
obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty
(30) days of the date due, and five percent (5%) of any such amount, not paid within thirty
(30) days of the date due. Such late fees will be in addition to the amount of rent due. The
acceptance by the COUNTY of the overdue rental installment plus applicable late fees
shall cure what would otherwise constitute a default by LESSEE under the terms of this
lease. The COUNTY, at its option, however, may refuse a proffered overdue rental
---- --installment and late fees, declare a default, and proceed according to paragraph 4 of this
lease. In the event that any check, draft, or negotiable instrument by which LESSEE has
tendered any rent payment is returned to the COUNTY and not honored, whether for
insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in
addition to any applicable late payment fees as provided above, a fee of Twenty-five
Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also be in addition
to the amount of rent due. The acceptance by the COUNTY of the rental payment plus any
applicable late fee and penalties following the receipt of a dishonored instrument shall cure
what would otherwise constitute a default under the terms of this lease. The COUNTY, at
its option, however, may refuse any proffered rental installment and applicable late fees
and penalties, declare a default, and proceed according to paragraph 4 of this lease.
Except as set forth in paragraphs one and two of this Third Lease Renewal and Amendment Agreement,
in all other respects, the terms and conditions of the April 15, 2009 original agreement, October 21, 2009
and October 19, 2012 renewal, not inconsistent herewith remain in full force and effect.
•
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized
representative.
'2-15T BOARD OF COUNTY COMMISSIONERS
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February 24,2015
Monroe County Board of Commissioners
Key West, FL 33040
Ladies and Gentlemen,
Pursuant to the Lease Agreement dated 1/20/2012 between Monroe County and Tropical Watersports,
LLC(the"Lease") I am notifying the Board that I will be renewing the Lease pursuant to the terms
outlined in Lease.
December 31,2014 CPI adjustment of.08%
Thank You,
Christopher J. Lembo, Managing Member
Tropical Watersports, LLC