8th Amendment 02/21/2018GOURr
Kevin Madok, cPA
4
+o .....•. Clerk of the Circuit Court & Comptroller — Monroe County, Florida
cOV ^'
DATE: March 2, 2018
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hanco�a.C.
SUBJECT: February 21n BOCC Meeting
Attached is a duplicate original of Item C29, 8 Amendment to Lease Agreement with
Tropical Watersports, LLC to extend the current lease on a month -to -month basis, for your
handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 - 294 -4641 305- 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 -852 -7145
EIGHTH LEASE AMENDMENT
HIGGS BEACH CONCESSIONS
TROPICAL WATERSPORTS, LLC
This EIGHTH LEASE AMENDMENT ( "Amendment ") is made and entered into on this 21st
day of February, 2018, by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1 100 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, on September 21, 2016, the County approved the transfer of 115 square feet of
storage area from Tropical Watersports, LLC to 1000 Atlantic Boulevard, LLC, a/k/a Salute Restaurant,
by approval of a First Lease Agreement Amendment to the Lease of Atlantic Boulevard, LLC; 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 hereto did on June 21, 2017, enter into a Seventh Amendment to Lease
Agreement providing for replacing existing three (3) registered trailer and concession huts with one (1)
Pagel of 3
20' x 8' "Tiny House" style registered trailer to be licensed, registered, and in a road ready condition,
and 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; and 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 that the Higgs Beach Site Plan, revised September 15, 2016,
Exhibit "B ", which was a part of the Seventh Lease Amendment, be replaced with a revised Exhibit
"B ", designated as revised June 6, 2017, to reflect the modifications indicated to the leased area in the
Seventh Amendment; and
WHEREAS, the "Tiny House" was delivered and became operational at the Higgs Beach site on
or about October 18, 2017; and
WHEREAS, the parties now desire to extend the current term of the Lease Agreement, as
amended, on a month -to -month basis, not to exceed six (6) months, pending the advertising of a
Request for Proposals (RFP) and award of a contract, and abate certain rental payments for September
2017 due to Hurricane Irma; 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 2, Term, of the Lease dated April 15, 2009, as amended, is amended to
read as follows:
2. Term. The term of this lease extension shall commence on April 15, 2018, and continue
on a month -to -month basis for a period of time not to exceed six (6) months pending the
advertising of an RFP and award of a contract.
Section 2. Lessee pays a total monthly rental payment in the amount of Two Thousand One
Hundred Seventy -six and 401100 ($2,176.40) Dollars, plus sales and usage tax, or ten per cent
(10 1 /6) of its total gross proceeds per month for beach chair and umbrella rentals, and ten percent
(10 %) per month for the kayak, sailboat, daysailer, snorkel equipment, longboard, aqua ball,
paddle board, and other water related equipment rentals, and ten per cent (10 %) of locker rental
proceeds, whichever is greater. The County agrees to abate the total monthly rental payment for
September 2017 in the amount of Two Thousand One Hundred Seventy -six and 401100
($2,176.40) Dollars and accept only ten per cent (10 %) of Lessee's total gross proceeds for each
of the aforementioned rentals as the rental payment for September 2017 due to the closure of
Higgs Beach as a result of Hurricane Irma damage.
Section 3. 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, dated
March 18, 2015, the Fourth Amendment dated March 23, 2016, the Fifth Amendment dated
October 19, 2016, the Sixth Amendment dated March 15, 2017, and the Seventh Amendment
dated June 21, 2017, remain in full force and effect.
Page 2 of 3
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.
ylN`WI- TNESS; WHEREOF, each party has caused this Eighth Amendment to Lease Agreement to be
ezec'uted,by'.its1duly authorized representative.
°a •;-:-(SEAL)
.-
r n.; :ATTEST; <KaE-VIN MADOK, CLERK
By
Deputy Clerk
WITNESSES:
Printed Name and Date
Signature
0A �8
Printed Name and Date
Signature
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN Y, FLORIDA
By
Mayor /Chairmai
TROPICAL WAT,ERSP LLC
.1 3, / 7
Printed Name and Title
Date
MONROE COUNTY ATTORNEY'S OFFICE
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1 ASSISTANT COUNTY AORNEY
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' ° CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPC N E CERTIFICATE HOLDER 1S
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE CO ED IES
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(les) must have ADDITIONAL INSURED provisions or 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
52 Regan
Keys Insurance Services a Division of IOA
P.O. Box 500280
Marathon, FL 33050
PHONE FAX
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INSURE AFFORDING COV ERAGE_ _
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13027
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INSU A: COVIn Specialty Insurance Company
INSURED
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GENERAL AGGREGATE I
1807 Laird St
Key West; FL 33040
INSURER E
INSURER F:
AUTOMOBILE
CAVFRAnFA BFRTIPICATF NI IMRFIi• V"1Q1n1J aJnMQCO.
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.
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3 500,000
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3 500,000
PERSONAL 8 ADV INJURY 1
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DESCRIPTION OF OPERATIONS I LOCATKINS I VEHICLES IACORD 101, AddrJeW Ramuks Schedt , may be attached It move space is mqudred)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Florida Board of County Commissioners
1100 Simonton Stree
ACORD 25 (2018103)
AUTHORED REPRESENTATIVE
m 1988 -2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD