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7th Amendment 06/21/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: June 29, 2017 TO: Alicc Steryou Contract Monitor FROM: Pamela G. Hacckk n C. SUMECI': June 21st BOCC Meeting Attaclied is a duplicate original of Item C12, 7th Amendment to Lease Agreement with Tropical Watersports. LLC., a water sports equipment rental vendor on Higgs Beach, to replace existing concession huts and storage box trailer in designated parking area with a 20' x 8' "Tiny House" style trailer licensed, registered, and in a road ready condition to be placed on existing concrete pad, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. 'Thank you. cc: Facilities t�ia c i»ail County Attorney rla email Finance rla email Filc SEVENTH LEASE AMENDMENT HIGGS BEACH CONCESSIONS TROPICAL WATERSPORTS, LLC THIS SEVENTH LEASE AMENDMENT ( "Amendment ") is made and entered into on this 21st day of June, 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 hereto did on March 15, 2017, enter into a Sixth Amendment to Lease Agreement providing for an increase in Rent and Fees ( "Sixth Amendment "); and WHEREAS, the parties now desire, to enter into a Seventh Amendment to Lease Agreement providing for replacing existing three (3) registered trailer and concession huts with one (1) 20' x 8' "Tiny House" Style registered trailer to be located onto the existing concrete pad as depicted on the Higgs Beach Site Plan, Exhibit "B" as Area 1 (Existing Conc. Slab), dated revised September 15, 2016, a copy of which is attached hereto and made a part hereof; and Page 1 of 3 WHEREAS, the parties now desire to decrease the Lessee's leasehold area by discontinuing use of the area designated for the parking of a road ready mobile storage container ( "Mobile Storage Trailer "), in the Higgs Beach parking area, depicted on Exhibit "B" as Area 2, ( "Concession Storage Trailer "); and WHEREAS, Lessee now agrees to keep the 20' x 8' "Tiny House" Style Trailer licensed, registered, and in a road ready condition; and WHEREAS, the parties now desire that the Higgs Beach Site Plan, revised September 15, 2016, Exhibit `B ", which is a part of this Seventh Lease Amendment, a copy of which is attached hereto and made a part hereof, be replaced with a revised Exhibit "B ", designated as revised June 6, 2017, to reflect the modifications herein to the leased area, 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 dated April 15, 2009, is amended to read as follows: 3 0 -_n 0 z =+ r- 1. Premises. The COUNTY does hereby lease to LESSEE, and LESSEE�s hekSy hse from the COUNTY a portion of Clarence S. Higgs Memorial Beach, Ke�?�est, 14ridanas evidenced by the Area numbered 1 on the HIGGS BEACH SITE PLreviseTJulm 6, 2017 ( "Exhibit "B "), a copy of which is attached hereto and made a part fj '�► Section 2. In all other respects, the Lease dated April 15, 2009, the Firsf Amendrp*S*nt jaed October 21, 2009, the Lease Renewal dated January 20, 2012, the Third "AmendmElat, Rted March 18, 2015, the Fourth Amendment dated March 23, 2016, the Fifth Amendment dated October 19, 2016, and the Sixth Amendment dated March 15, 2017, remain in full force and effect. 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. WJESS WHEREOF, each party has caused this Seventh Amendment to Lease Agreement to be txecute 'd'$ / .-its duly authorized representative. BOARD OF COUNTY COMMISSIONERS VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By By VIA- - -A le e*d� Deputy Clerk XTyorld irman MONROE COUNTY ATTORNEY'S OFFICE PPROV�D AS TO FARM Page 2 of 3 0 >P PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: -(�'�7 WITNESSES: Two 6, 7 Printed &ame and Date 1 Signatu c Pr' d N e Date Signature TRO / PIC ` AL_WATER ORTS, LLC l.� Signature N .offjlte- -J. Lew.,6 rYOWZ Printed Name and Title 1-7 // Date Page 3 of 3 r. 0 r r I" In rr r� r n , on .w� Cl A ci -I W 3. 0� e- n c n To. `l .1 i Le i f f rr , • r e • s ; 1 ° a• . A � .: '• •� ,� •� •/� :r'� •�� f` •. EXISTING OLD PIER SUPPORTS ��.oArLINE c BIT HIGGS BEACH SIT PLAN REVISM SEPTEMBER 15TH 2016 MMOE COUNTY PROJECT MANAGEMENT It BEACH CHAIR CONCESSIONS 62 CONCESSION STORAGE TRAILER NOTE: RENTAL EQUIPMENT SHALL NOT BLOCK BEACH CLEANING EQUIPMENT FROM REMOVING PEE SEAWEED FROM THE SHORELINE SEAWALL ��OC'0 EXHIBIT B HIGGS BEACH SI TE PLAN REVISED JUNE 6TH 2017 MONROE COUNTY PROJECT MANAGEMENT #1 BEACH CHAIR CONCESSIONS #2 CONCESSION STORAGE TRAILER ATLANTIC BLVD. EXISTING CONC. SLAB OLD PIER SUPPORTS S CURRENT MEAN HIGH WATER ORIGONAL MEAN HIGH WATER NOTE: RENTAL EQUIPMENT SHALL NOT BLOCK BEACH CLEANING EQUIPMENT FROM REMOVING P &E SEAWEED FROM THE SHORELINE EXISTING SEAWALL ACORNa Ill CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: David Sheppard Keys Insurance Services a C Ext: (305) 294 -4494 A/C No: (305)743 - 0582 E ADDRESS: insurance. com, 805 Peacock Plaza INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Covi Specialty Ins. Key West FL 33040 INSURED INSURER B: CLAIMS -MADE X❑ OCCUR INSURER C: Tropical Watersports, LLC INSURER D: 1607 Laird St INSURER E: $ 100,000 INSURER F: $ 5,000 Key West FL 33040 COVERAGES CERTIFICATE NUMBER Master GL 17 -18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD /YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,000 A CLAIMS -MADE X❑ OCCUR DAMAGE ( RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 VRA510372 -00 1/22/2017 1/22/2018 PERSONAL & ADV INJURY $ 500,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 500,000 GEN'L X POLICY PRO ❑ LOC JECT PRODUCTS - COMP /OPAGG $ 500,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Monroe County Florida Board of County Commissioners is an additional insured for General Liability when required by written contract, subject to policy terms, conditio4 clus' ns. 1 BY M I�-���`L .a G.. tor-M I II - II.:A I t r7ULUr-H C:AN1. tLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Florida Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Stree Key West, FL 33040 AUTHORIZED REPRESENTATIVE David Kincaid /DSHEP ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)