2nd Amendment 09/19/2018GJ 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: September 19' BOCC Meeting
Attached is an electronic copy of Item C11, Second Amendment to Agreement to abate
the rent for September 2017 for 1000 Atlantic Boulevard, LLC (Salute Restaurant) due to the
closure of Higgs Beach from Hurricane Irma in amount of $8,671.81, for your handling.
Should you have any questions, please feel free to contact me at ext. 3550. Thank you.
cc: Facilities Supemsor
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
SECOND LEASE AGREEMENT AMENDMENT
HIGGS BEACH CONCESSION/RESTAURANT
THIS SECOND LEASE AGREEMENT AMENDMENT is made and entered into on
this 19th day of September, 2018, by and between Monroe County, a political subdivision of the
State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040
( "County" or "Lessor ") and 1000 Atlantic Boulevard, LLC, a Florida Limited Liability
Company, whose mailing address is 729 Thomas Street, Key West, Florida 33040 ( "Tenant" or
"Lessee ").
WHEREAS, on May 21, 2008, the County and Key West Hospitality, LLC, the
predecessor in interest, entered into a Lease Agreement with a five (5) year term, which Lease
included a Revised Exhibit "A" dated June 11, 1998, identifying the leased Premises ( "Lease ");
and
WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its
rights, title, and interest in the Lease to 1000 Atlantic Boulevard, LLC, pursuant to an Agreement
for Purchase and Sale of Assets dated September 28, 2008 ( "Assignment "); and
WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to
Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard,
LLC ( "Tenant" or "Lessee "); and
WHEREAS, the parties hereto did on October, 20, 2010, enter into a Lease Extension
Agreement extending the Term for ten (10) years with a termination date of August 11, 2023
( "Extension "); and
WHEREAS, the parties hereto did on September 19, 2016, enter into a First Lease
Agreement Amendment which increased the Lessee's leasehold Premises by including in the
Premises a previously excluded 115 square feet of storage area that had previously been leased
to another entity, Tropical Watersports; and
WHEREAS, the Lessee has requested and the County has agreed to abate Lessee's
monthly rental payment for September 2017 due to Hurricane Irma closures; and
WHEREAS, the parties have found the Lease to be mutually beneficial; and
WHEREAS, both parties desire to amend the Lease,
NOW, THEREFORE, 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. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, Lessee
paid Eight Thousand Six Hundred Seventy -one and 81/100 ($8,671.81) Dollars per month,
effective as of August 12, 2017, for rent, applicable tax, and a maintenance fee, which included
the cost of the Lessor providing janitorial services and the opening and closing of the public
restroorns. The County agrees to abate the total monthly rental payment for September 2017 in
the amount of Eight Thousand Six Hundred Seventy -one and 81/100 ($8,671.81) Dollars due to
1
4
the closure of Higgs Beach as a result of Hurricane Irma damage. This total rental abatement
amount set forth herein may be applied as a credit towards the future monthly rental payment due
by Lessee.
Section 2. In all other respects the terms and conditions of the Lease, as amended,
shall remain in full force and effect.
, ;c5eT W1 NESS WHEREOF, the parties hereto have set their hands and seals the day and
yar�first a ritten
, ) (,S EA L) f :4 BOARD OF COUNTY COMMISSIONERS
\, Attest„ KEWI = CLERK OF MONROE COUNTY, FLORIDA
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By. T: By:
Deputy /Clerk Mayor /Chairperson __.
WITNESSES: 1000 A ' C BOULE ' ARD, LLC
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Signature
Title: Managing Partner
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Print Name Date
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Signature
2.1,VZ- ,49. 'f'' MONROE COUNTY ATTORNEY'S OFFICE
Print Name Date ?APPROVED AS TpF94_ 12
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ASSISTANT COUNTY gTTORNEY
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„........, 1000ATL -01 CAPWELLC
A. '`,� R� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)
10/16!2018
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 iICONT CT Linda Regan
Keys Insurance Services a Division of IOA PHONE I FAX
P.O. Box 500280 (A/C, No, Est): (A/C, No):
Marathon, FL 33050 [_g001a$3 Lir @ioausa.com
I INSURER(S) AFFORDING COVERAGE NAIC #
I INSURER A: Tokio Marine Specialty Insurance Company 23850
INSURED l INSURER 8 : ..
1000 Atlantic Blvd LLC INSURER C: .
729 Thomas Street 1 INSURER 0 :
Key West, FL 33040 --
. INSURER E : _
I INSURER F : I
COVERAGES CERTIFICATE NUM 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 I TYPE OF INSURANCE ADDL SUBR pOUCY. NUMBER I POLICY EFF POLICY EXP LIMITS
LTR INSD WVD /MMIDD/YYYY) (MM/DDIYYYY)
A I X COMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCE , $ 1,000,000
AGE RENTED
CLAIMS-MADE X OCCUR X RES10087 -00 10/16/2018 10/16/2019 PRE
DAM I� F, TO r $ 100,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY I 5 ff I LOC PRODUCTS - COMP /OP AGG $ 1,000,000
I OTHER: LigourLiabilit $ 1,000,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO E� S • MK MAR ENT -(EL SI .Widens - $ ill
OWNED SCHEDULED App BODILY INJURY (Per person) S.'
AUTOS ONLY 'AUTOS p - BODILY INJURY /Per accident) I $
- AUTOS ONLY �._ AUTO ONLY BY D ` ` ` � ?ra � Rt DAMAGE I
DATE i
UMBRELLA LIAB I I OCCUR VdAiV”" `" EACH OCCURRENCE I $ �__� -_
EXCESS LIAB CLAIMS -MADE AGGREGATE I $
DEDI I RETENTION$ I $
WORKERS COMPENSATION I PER I OTH-
AND EMPLOYERS' UABWTY YIN $TAME ER
ANY PROPRIETOR/PARTNER/EXECUTIVE r EACH ACCIDENT
(IVlandato�ry In NHj EXCLUDED? E.L. I 1 �—
E.L. DISEASE - EA EMPLOYEE $
It yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $
1
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required)
The certificate holder Is a named additional Insured on the general Ilablity policy.
•
- 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 Commissioners
1100 Simonton Street ,�n
IKey West, FL 33040 /� --? �!�
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