6th Amendment 03/15/2017KEVIN MAW& CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: March 21, 2017
TO: Alice Steryou
Contract Monitor
VIA: Tammy Sweeting
Administrative Assistant
FROM: Pamela G. Hancock, D.O
SUBJECT: Ma rch 15th BOCC Meeting
Enclosed is a duplicate original of each of the following items for your handling:
JC20 Sixth Amendment to Lease Agreement with Tropical Watersports. LLC, a water
sports equipment rental vendor on Higgs Beach, to adjust for the CPI -U for the prior 12 months
ending December 2016 of 2.1 %.
C21 Approval of a CPI -U adjustment ending on December 31, 2015 of .7% to the
Business Lease with Ships Way, Inc. for Commissioner Neugent's office space on Big Pine Key.
The lease will increase from $1,238.21 per month to $1,246.88 per month commencing on
December 15, 2016.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File ,/
IL
SIXTH LEASE AMENDMENT
HIGGS BEACH CONCESSIONS
TROPICAL WATERSPORTS, LLC
THIS SIXTH LEASE AMENDMENT ( "Amendment ") is made and entered into on this 15th
day of March, 2017, 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 1607 Laird
Street, 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 three (3) years, beginning on April 15, 2012, with a three (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 for an additional three (3) 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 hereto did on October 19, 2016, enter into a Fifth Amendment to Lease
Agreement to reduce the Lessee's leasehold area by discontinuing the use of Area 3, ( "Concessions
Storage ") and Area 2, ( "Sailboat Storage Area ") 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
WHEREAS, the parties now desire, to enter into a Sixth Amendment to Lease Agreement
providing for an increase in Rent and Fees to adjust annually the CPI -U as of December 31, 2016, in the
amount of 2.1 %; and
WHEREAS, the parties have found the Lease to be mutually beneficial; and
WHEREAS, both parties desire to amend the Lease,
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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:
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
LES as follows:
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a. IQ% of its total gross proceeds or $1,036.38 per month, plus sales and usage
_ =tax, whichever is greater, for the beach chair and umbrella rentals; and
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b. r40-% of its total gross proceeds or $1,036.38 per month, plus sales and usage
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whichever is greater, for the kayak, sailboat, daysailer, snorkel equipment,
1k#►gboard, aqua ball, paddle board, and other water related equipment rentals;
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and
c. 10% of its total gross proceeds or $103.64 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.
WHEREOF, each party has caused this Sixth Amendment to Lease Agreement to be
duly authorized representative.
MADOK, CLERK
Deputy Clerk
WITNESSES
A
Printed Name and Date
Signat e
Printed Name and Date
'A
Signature
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B
Mayor /Chairman
TROPICAL WATERSPORTS, LLC
Signatu
Printed Name and Title
3////7
Date
MONROE COUNTY ATTORNEY'S OFFICE
A ROVEq AST F
ti l�.d,ri.
PATRICIA EAGLES
ASSISTANT COUNTY AIT RNEY
DATE:
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EXISTING
�OLD PIER SUPPORTS
�FLOATLINE
E��BR
HIGGS BEACH SIT PLAN
REVISED SEPTEMBER 15TH 2016
MONROE COUtM PROJECT
MANAGEMENT
#1 BEACH CHAIR CONCESSIONS
#2 CONCESSION STORAGE TRAILER
NOTE:
RENTAL EQUIPMENT SHALL
NOT BLOCK BEACH CLEANING
EQUIPMENT FROM REMOVING
P&E SEAWEED FROM THE
SHORELINE
SEAWALL
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