4th Amendment 3/23/2016 ..,
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7
AMY HEAVILIN, CPA
. , CLERK OF CIRCUIT COURT & COMPTROLLER
'=_- AI MONROE COUNTY,FLORIDA
DATE: May 26, 2016
TO: Doug Sposito, Director
Project Management FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller C i
At the March 23, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Items:
C23 Approval of Fourth Amendment to Lease Agreement with Tropical Watersports, LLC (Tropical),
a water sports equipment rental vendor on Clarence S. Higgs Memorial Beach, to adjust for the CPI-U
for the prior 12 months ending December 2015 of.7%.
C24 Approval of corrected Third Amendment to Agreement with Stockton Maintenance Group, Inc.
(SMG), for janitorial services, to correct two scrivener's errors in the written amount of monthly fees.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
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:852-7195 Fax:305-852-7146
FOURTH AMENDMENT TO LEASE AGREEMENT
HIGGS BEACH CONCESSION
TROPICAL WATERSPORTS, LLC
This Fourth Amendment to Lease Agreement is made and entered into on the 23rd day of March,
2016 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 1620 Rose Street, Key West, Florida 33040.
WHEREAS, on April 15, 2009, the parties entered into a Lease Agreement for the LESSEE's use
of LESSOR's property in return for monthly payment fees ("Lease Agreement"); and
WHEREAS, on October 21, 2009, the parties entered into a First Amendment to the Lease
Agreement to provide LESSEE additional concession booth areas; and
WHEREAS, on January 20, 2012, the parties entered into a Second Amendment to the Lease
Agreement to reduce the leased area and booths, and amend the rental and fees amounts; and
WHEREAS, on March 18, 2015, the parties entered into a Third Lease Amendment and Renewal
Agreement to extend the terms of the Lease Agreement for three years and amend rental and fees with an
annual GPI_rU adjustment; and
WHEREAS, the parties desire to amend the Lease Agreement to adjust annually the CPI-U as of
December 31, 2015 in the amount of.7%.
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. Paragraph 3 of the Lease 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$1,015.06 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 $1,015.06 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
c. 10% of its total gross proceeds or $101.51 per month plus sales and usage tax,
whichever is greater, of the locker rental proceeds.
Except as set forth above, in all other respects, the terms and conditions of the Lease Agreement as
amended not inconsistent herewith remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Fourth Amendment to Lease Agreement to be
executed by its duly authorized representative.
(SEA AA BOARD OF COUNTY COMMISSIONERS
AT:'7`"T 1.. • VILIN, CLERK OF MONROE COUNTY, FLORIDA
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WITNESSES Tropical Watersports, LLC
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U//tfs e,y--s MONROE COUNTY ATTORNEY
Printed Name APPROVED AS TO FORM
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Signature IRIS AMBROSIO
ASSISTANT CQUNTY ATTORNEY
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