5th Amendment 10/19/2016AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
IdONROE COUNTY, FLORIDA
DATE: December 13, 2016
TO: Doug Sposito, Director
Project Management
ATTN.• Kevin Wilson
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller cL
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item C30 Approval of Fifth Amendment to Lease Tropical Watersports. The
parties now desire to reduce the Lessee's leasehold area by discontinuing the use of Area 3,
("Concessions Storage") and Area 2, ("Sailboat Storage Area"), as depicted on Exhibit "A" dated
September 27, 2011 and increase the Lessee's leasehold area by designating an area for the parking of a
road ready mobile storage container ("Mobile Storage Trailer"), in the Higgs Beach parking area, as
depicted on Exhibit `B" as Area 2, ("Concession Storage Trailer"); and Lessee agrees to keep the
Mobile Storage Trailer licensed, registered, and in a road ready condition. Revenue payments made to
the County remain at $2,131.63/month plus sales and usage tax, or 10% of gross revenue, whichever is
greater.
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
3117Overseas 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
FIFTH LEASE AMENDMENT
HIGGS BEACH CONCESSIONS
TROPICAL WATERSPORTS, LLC
THIS FIFTH LEASE AMENDMENT ("Amendment") is made and entered into on this iWI
day of October, 2016 by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as
"COUNTY" or "LESSOR" and TROPICAL WATERSPORTS, LLC., whose address is 3635 Seaside
Drive #301, Key West, Florida, 33040 hereinafter referred to as "TENANT "or "LESSEE".
WHEREAS, the parties hereto did on April 15, 2009 enter into a Lease Agreement for Higgs
Beach Concessions ("Lease"); and
WHEREAS, the parties hereto did on October 21, 2009 enter into a First Lease Amendment to
the Lease for purposes of providing additional booth areas for LESSEE and amending Exhibit "A"
which depicted the leased areas ("First Amendment"); and
WHEREAS, the parties hereto did on January 20, 2012 enter into a Lease Renewal Agreement
providing for an initial term of 3 years, beginning on April 15, 2012, with a 3 year renewal period,
reduced and relocated the Lessee's leased area and replaced Exhibit "A" with a revised Exhibit "A"
dated September 27, 2011 ("Revised Exhibit "A") depicting the updated leased areas and renumbered to
be Areas 1, 2, and 3 ("Lease Renewal"); and
WHEREAS, the parties hereto intended to enter into a Second Lease Amendment which was
never fully executed ("Second Amendment"); and
WHEREAS, the parties hereto did on March 18, 2015 enter into a Third Lease Amendment and
Renewal Agreement providing for the renewal of the Lease, an additional (3) three year term, an
increase in Rental and Fees and the requirement that the Lessee shall provide a copy of Tax Form DR-
15 along with his monthly payments ("Third Amendment"); and
WHEREAS, the parties hereto did on March 23, 2016 enter into a Fourth Amendment to Lease
Agreement providing for an increase in Rent and Fees ("Fourth Amendment"); and
WHEREAS, the parties now desire to reduce the Lessee's leasehold area by discontinuing the
use of Area 3, ("Concessions Storage") and Area 2, ("Sailboat Storage Area"), as depicted on the above
referenced Exhibit "A" dated September 27, 2011, a copy of which is attached hereto and made a part
hereof; and
WHEREAS, the parties now desire to increase the Lessee's leasehold area by designating an
area for the parking of a road ready mobile storage container ("Mobile Storage Trailer"), in the Higgs
Beach parking area, as depicted on Exhibit "B" as Area 2, ("Concession Storage Trailer"); and
WHEREAS, Lessee now agrees to keep the Mobile Storage Trailer licensed, registered, and in a
road ready condition; and
Page 1 of 3
WHEREAS, the parties now desire to make Higgs Beach Site Plan, Revised September 15,
2016, Exhibit "B", a part of this Fifth Lease Amendment, a copy of which is attached hereto and made a
part hereof; and
WHEREAS, the parties have found the Lease to be mutually beneficial; and
WHEREAS, both parties desire to amend the Lease,
NOW, THERFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,
the parties agree as follows:
Section 1. Paragraph 1, Premises, of the Lease is amended to read as follows:
1. Premises. The COUNTY does hereby lease to LESSEE, and LESSEE does hereby lease
from the COUNTY a portion of Clarence S. Higgs Memorial Beach, Key West, Florida as
evidenced by the Areas numbered 1 and 2 on the HIGGS BEACH SITE PLAN, Revised
September 15, 2016 ("Exhibit "B"), a copy of which is attached hereto and made a part
hereof.
Section 2. In all other respects, the Lease dated April 15, 2009, the First Amendment dated
October 21, 2009, the Lease Renewal dated January 20, 2012, the Third Amendment March 18,
2015, and the Fourth Amendment dated March 23, 2016, remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Fifth Lease Amendment to be executed
this day of October, 2016.
BOARD OF CO TY OMMISSIONERS
VILIN, CLERK OF MONROE
By
Clerk Mayor/Ch irper , Heather Carruthers
j2-13•/gyp
WITNESSE'S:: TROPICAL WATERSPO TS, LLC.
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Page 2 of 3 �-
This document was prepared and approved as to form by:
C. Rend Rogers, Esq. Date
Assistant County Attorney
Florida Bar No.: 0101178
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
Page 3 of 3
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EXISTING CONC.
VOLD
PIER SUPPORTS
ATLANTIC BLVD.
FLOAT LINE
EXHIBIT
HIGGS BEACH SITE PLAN
REVISED SEPTEMBER 15TH 2O16
MONROE COUNTY PROJECT
MANAGEMENT
#1 BEACH CHAIR CONCESSIONS
#2 CONCESSION STORAGE TRAILER
RENTAL EQUIPMENT SHALL
NOT BLOCK BEACH CLEANING
EQUIPMENT FROM REMOVING
PEE SEAWEED FROM THE
SHORELINE
SEAWALL