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2nd Amendment 03/21/2018GJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe Count Florida •R OE COUN DATE: October 26, 2018 TO: Alice Stervou Contract Monitor FROM: Pamela G. Hancock, D.C. SUBJECT: March 21" BOCC Meeting Attached is an electronic copy of Item C11, Second Amendment to Lease Agreement with the Key West Art and Historical Society for its lease of East Martello to extend the current term on a month - to -month basis and increase the insurance requirements, pending execution of a new multi -year lease for the property and updating all terms and conditions, for your handling. Should you have any questions, please feel free to contact me at ext. 3550. Thank you. cc: Facilities Supervisor County Attorney_ Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 SECOND AMENDMENT TO LEASE AGREEMENT KEY WEST ART AND HISTORICAL SOCIETY MONROECOUNTY THIS AMENDMENT (hereafter Amendment) is made and entered into this 21 th day of March, 2018, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY" or "LESSOR "), and Key West Art and Historical Society, a non - profit corporation organized and existing under the laws of the State of Florida, whose address is 3501 S. Roosevelt Blvd., Key West, FL 33040 (hereinafter "TENANT" or "LESSEE "). WHEREAS, on the 8 111 day of April 1998, the LESSEE and the COUNTY entered in to a twenty (20) year lease (hereinafter "Original Lease ") for the premises known as the East Martello Tower; and WHEREAS, under the terms of the Original Lease LESSEE is required to maintain insurance on the premises and pay for any and all charges for ordinary maintenance and care of the premises; and WHEREAS, the term of the Original Lease expires on April 7, 2018, and LESSEE has requested anew Lease with the COUNTY for an additional multi -year term; WHEREAS, the COUNTY pursuant to Fla. Stat. Sec. 125.38 may enter into a lease of County owned property with a not- for - profit organization, which is organized for the purposes of promoting community interest and welfare, and the property is not needed for County purposes; and WHEREAS, the COUNTY and LESSEE now desire to amend Exhibit "8" to the Original Lease to provide for the current insurance and hold harmless and indemnification requirements; and WHEREAS, the COUNTY and LESSEE now desire to enter into a new Lease of the East Martello Tower property and are in negotiations to finalize the terms of a new Lease to include, but not limited to, current laws and regulations, updated insurance requirements, historic property considerations, and other such terms and conditions; and WHEREAS, the parties now desire to extend the current term of the Original Lease, as amended, on a month -to -month basis, pending the execution of a new multi -year Lease for the property; NOW, THEREFORE, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: 1 SECTION I. The Original Lease is amended to reflect that upon the expiration of the Original Lease on April 7, 2018, that the term of the Lease shall be extended to continue on a month -to- month basis until the execution of a new Lease by all parties. SECTION 2. Paragraph 2 f. of the Original Lease, as amended, is hereby amended to read as follows: 2. It is further understood and agreed by and between the LESSOR and LESSEE that the LESSEE will: f. During the extended term of this lease take out the necessary liability automobile, and workers' compensation insurance described in "Revised Exhibit B ", which is attached and incorporated into this Lease Agreement to save and keep the LESSOR harmless against any and all liability resulting from injuries to person or property on or about the leased premises by reason of its occupancy or use thereof. SECTION 3. In all other respects, the Original Lease dated April 8, 1998, and the Amendment to Lease Agreement dated August 20, 2014, not inconsistent herewith, remain in full force and ..LN �ect.C{ ((„,, X1]1\ iM SS WHEREOF, each party has caused this Second Amendment to Lease to be 4 4 exec t d ` ;i, _"ii y authorized representative. ,,qSE ) � ': ' BOARD OF COUNTY COMMISSIONERS ,s. - w T: { , r IN MADOK, CLERK OF MONROE COUNTY, FLORIDA ��h��� LESSOR BY "^"" BY: Deputy Clerk Mayor /Cha �s on 3: fir- 0_ .t (CORPORATE SEAL) KEY WEST ART AND HISTCAL '"+ l► ATTEST: SOCIETY, INC. _c:.�.,. cry. : c: LESSEE �`""= By: %s. - -� -W BY: Q. �!��� Print Nam `� Print Name: M,� C M �kEL . t C Ue gw Witness Title eXEGt.•lrt1Vt 17. tricCT0 2 Date: 3 - (0 2D I5 MONROE COUNTY ATTORNEY'S OFFICE P O 1pppR01{ED AS TO� • t ASSIST GO NTY LE I d'Zy✓t� 2 DATE: _ "� "REVISED EXHIBIT B" 3 2018 Edition General Insurance Requirements for Organizations/Individuals Leasing County-Owned Property Prior to the Organization or Individual taking possession of the property owned by the County, or commencing its concessionaire operations, the Organization /Individual shall obtain, at his /her own expense, insurance as specified in the attached schedules, which are made part of this lease /rental agreement. The Organization /Individual will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Organization /Individual shall maintain the required insurance throughout the entire -term of this lease /rental agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the lease /rental agreement and the return of all property owned by the County. The Organiation/Individual will be held responsible for all deductibles and self insured . retentions that may be contained in the Organization /Individual's Insurance policies. The Organization/Individual shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole. option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Organization /Individual's insurance shall not be construed as relieving the Organization /Individual from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administrative Instruction 7500,7 28 2018 Edition ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY -OWNED PROPERTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization /Individual taking possession of the property governed by this lease /rental agreement, the Organization /Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the Iife of the Lease /Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Failing Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners will be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Administrative Instruction 7500.7 29 2018 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization /Individual taking possession of the property governed by this lease /rental agreement, the Organization /Individual shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Fire Legal Liability (with limits equal to the fair market value of the leased property.) The minimum limits acceptable is: $1,000,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the Lease /Rental Agreement. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction 7500.7 30 2018 Edition BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY -OWNED PROPERTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization /Individual taking possession of the property governed by this lease /rental agreement, the Organization /Individual shall purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Lease /Rental Agreement and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles • Physical Damage Protection (if the leased property is a County -owned vehicle) The minimum limits acceptable is: $300,000 Combined Single Limit (CSL) ACV for Physical Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the lease /rental agreement involves County -owned vehicles, the Monroe County Board of County Commissioners will be named as "Loss Payee" with respect to the physical damage protection. Administrative Instruction 7500.7 31 201 B Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the State of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WCI Administrative Instruction 7500.7 87 2018 Edition Indemnification, Hold Harmless and Defense for Organizations/Individuals Leasing County - Owned Property The Organization /Individual covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalities, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Organization /Individual utilizing the property governed by this lease /rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. PROP Administrative Instruction 7500.7 102 1 y-1 KEYWEST -29 CAPWELLC AC-ORGY CERTIFICATE OF LIABILITY INSURANCE DATE(MM / 10/23/22018 018 ) 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 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 CONTACT Jolene Allen NAME: Johnsons Insurance Agency a Division of IOA PHONE I FAX 13361 Overseas Hwy (A/c, No, Ext): (A/c, No): Marathon, FL 33050 E-MAIL Jolene.Allen @ioausa.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :-Travelers INSURED INSURER B : • Key West Art & Historical INSURER C : 281 Front Street INSURER D : Key West, FL 33040 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM /DDIYYYYI (MM /DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X 16607396H097PHX17 11/19/2017 11/19/2018 PREMISES (Ea occ r ncel $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8, ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY FARE LOC PRODUCTS - COMP /OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ANY AUTO X 16607396H097PHX17 11/19/2017 11/19/2018 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X AUTOS ONLY X A UUTOS ONLY PROPERTY accident) DAMAGE $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE w • AGGREGATE $ Al •• uVED:Y •I9K • G T DED RETENTION ` $ WORKERS COMPENSATION BY I STATUTE I E AND EMPLOYERS' LIABILITY Y/ N _ , j � ANY YIPRO E ECUTIVE N / A DATE 11 11 V ) 1 E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under WAIVER N/ L I YE$ 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) East Martello Location, 3501 S. Roosevelt Blvd., Key West FL 33040 When required by written contract Blanket Additional Insured applies as respects: General Liability on a primary and non - contributory basis for ongoing and completed operations per form CG D1 86 11 03; and for Automobile Liability on a primary and non - contributory basis per CG D1 86 11 03. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County Board of County Commissoners • 1100 Simonton Street IKey West, FL 33040i ti° ?- � 1` ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • 2013 (Amon MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of insurance Requirements, be waived or modified on the following contract. Contractor: .-..-..\k.. \ . ..keT, ir Mk scLR-kcA.L 60G tea% / Contract for. Address of Contractor: Phone: .SPEFF 'ciiit5 ' Co (.0 i LQ Y...tc..) Scope of Work: _t_LE.S kAct,t)e., Ca_ :row v e• 1-\,_ .., Reason for Waiver Qc1b-r_a__ Wet4,\LDIA ?eta. .ectet,ib_.AvattAkAthil: , or Modification: - 0..‘ (- C--._..C9',/...._e-V 'col' A.,...__k) a , V ■ 0A e,s-Se.J ck 0 u-fcbvv\iv\.) nevs) 1,-__()Se_ i Policies or Coverages Waiver si, HI apply to: ---- OPig r i ) Eil. - N 1...4§VP,Ort3CC Signature of Contractor: Approved Not Approved Risk iviantigement County Administrator appeal: Approved: _ Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: _ Meeting Date: Administratite Instruction 750.0.5 t 13