Loading...
3rd Amendment 08/21/2019 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: September 25, 2019 TO: Alice Stervou Contract Monitor FROM: Pamela G. Hancock, D.C. SUBJECT: August 21" BOCC Meeting Attached is an electronic copy of the following item for your handling: C38 3rd Lease Agreement Amendment for 1000 Atlantic Boulevard, LLC (Salute Restaurant) for a 1.9% CPI-U adjustment of the monthly rent and a Use Tax Credit. Should you have any questions,please feel free to contact me at (305) 292-3550. cc: Facilities Supervisor Countv Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 THIRD LEASE AGREEMENT AMENDMENT HIGGS BEACH CONCESSION/RESTAURANT THIS THIRD LEASE AGREEMENT AMENDMENT is made and entered into on this 21st day of August, 2019, 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 21, 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 parties hereto did on September 19, 2018, enter into a Second Lease Agreement Amendment 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 the closure of Higgs Beach as a result of Hurricane Irma damage. This total rent abatement amount was applied as a credit towards the future monthly rental payment due by Lessee; and WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly maintenance fee will be adjusted annually by a percentage equal to the increase in the Consumer Price Index for all Urban Consumers("CPI-U") for the calendar year immediately preceding the anniversary date of the lease term;and WHEREAS, the parties hereto have agreed to make the annual CPI-U adjustment of 1.9% percentage for the calendar year ending December 31, 2018, and to clarify that the applicable use tax rate may change in the future;and WHEREAS,the parties have found the Lease to be mutually beneficial;and WHEREAS,both parties desire to amend the Lease, 1 • 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. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended to read as follows: 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter collectively known as "Rent"), shall include rent, applicable use tax, and a maintenance fee to include the cost of the Lessor providing janitorial services and the opening and closing of the public restrooms. The Rent for the Premises is $9,001,28 per month, beginning on August 12, 2019, and thereafter payable in advance on or before the first business day of each and every month. The monthly Rent and Maintenance Fee will be adjusted annually beginning with the first anniversary of the commencement of the lease term, and at every anniversary thereafter, by a percentage equal to the increase in the Consumer Price Index for all urban consumers ("CPI-U") for the calendar year immediately preceding the anniversary date. Monthly Rent: $6,955.36 c -rr Monthly Maintenance Fee: $1,545.13 = g. r" Monthly Applicable Use Tax: $ 500.79* a e -�'a i N. -Tl ct TOTAL Rent: $9,001.28 :,r,.c x' (*Current use tax rate as of 01/01/2019: 7.2%subject to change) :�:` — o _� c o Section 2. Pursuant to Paragraph 4, Rent. Maintenance Fee, Taxi the 'total monthi'jti • rental payment, known as "Rent" shall include the applicable use tax in the percentage amount - set forth herein. Any overpayments may be applied as a credit towards the future monthly rental payment due by Lessee. The applicable use tax rate may change periodically, and if so,the Rent amount due shall be adjusted accordingly. Section 3. In all other respects the terms and conditions of the Lease, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and first above written. fei,6 , .. `, F \' et- ii f' ,L' BOARD OF COUNTY COMMISSIONERS ' ;:. IN MADOK, CLERK OF MONROE COUNTY,. FLORIDA r CJ' / ` 4+Y OCT COYNT+ , . By : By: • / Deputy/Clerk Mayor/Chairperson , MONROE COUNTY ATTORNEY'S OFFICE 2.4a= Ot7M PATRICIA EABLES ASSISTANT OUNTY 4-TORNEY DATE: a-1`1 •u, WITNESSES: 1000 ATLANTIC BOULEVARD, L C A F1 ' 'lity Co loan, 1,. _.-:- ---------d fAk _____Al\ (C.I.'klA7 By �- • Signature Title: Managing Partner Su ai neK-Fd a / Print Date :„.olt- Sign.ture ID TryIllo . Printlame Date ' 3 1. 1QOM P'WF TL-01 CAi t ACOR" DAMDE tIDDIMY) i,_,� CERTIFICATE OF LIABILITY INSURANCE e/211r2019 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 INSURERS),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 condtions of the policy,certain policies may require an endorsement A statement on this eertifieate+does not confer rights to COrt ifceIe'holder in fen of such.endbrsentent(s). _ PRODUCHl fir,Rick Alien tnsivance Office otAnieri_ca,Inc. vMONE - - I RDt. 13361.Ovorseat H, ray lb E*- --- ,NC,U0k Minathon,FL33tt50 - iulken@keysinsurance com riiaisRaritiAFAUMO COvERAoE :NALCO eNsrarar t:Toklo Marine S u_'eclalty Insurance Company 23850- I -INSURER B: -_ 1000 Atlantic Blvd LLC -INSURER c: - _ - . 729 Thomas Street • Key West,FL 33040 INSURER : AR USER E: _ INSURER F: COVERAGES ... CERTFF ICATE NUMBER: - - RE ISION.aIMI ER:•. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN ISSUBJECTTO AU.THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS... _ .. - DER TYPE OFI INSURANCE POUCYNUIBBt . . -Chars .A X carmaicWL.GitrisuLUABarrr .EACHOCCURREdCE .,I 1,000,0 (CLAIMS-MADE n OCCUR X RES10087-00 • 1011612018 10/1612019 DAMAGE-TO m- nems 100.000 MED EXP NW one persan) i 5,000 1,000,000 . PERSONAL&ACV IMAM. s G11AGGGAEWAPLES.PR GENERAL AGGREGATE 'S 2,000,000 1POUR!Q :: D.IOC: .- PRDDi)CTS-CDJrofDPAss S 1•�, 1 LigeurLi abtl-Ity s 1.000,000' A _AUTOMOBILELYLBI LABILITY - - lEaaccIderTSisGlEIAUr 's.--- - -- ANY AUTO RES10087-00 1011612018 1011612019 -BDDILYELIURYIPerpason) .S - -- — OWED - SCHEDULED - _ AUTOS ONLY _ AUTOS yyyyN�EDp ,pBOOpDILYe'LWRY(Per emidera)'S -- .. X AUTOS ONLY X, AUTOSONLY (RerP Y -E _f . _ ... I - UMBR9IA LIAR OCCUR - - .. r EACH OCCURRENCE S ___ EXCESSIJAB _. .H CLAIMS-MADE R16l�' - -- -AGGREGATE I ._ D®.I .I RETENTIONS _ _ _ _ - - _ WIAKERStOLIFENIII B>p1.0YH1SLAt$TYJN ,.`� I3T�ATUiE-I ANY PROPRIETOR/PARTNER/EXECUTIVEI a N J w DATE-_ _ swidcgrarg .� - _ � El- .__ S - WAiVER !U�!� `-.YES.— ,El_DISFLRP-EA EMPLOYX$ ITY0�efCSLlbo Mder-•-. - - DISCRIPTIONOFOPEtATIONSbe4aa - _- ELD_ISEASE-POLICY LIMIT ,S . DEscRornDNOFOPERAILONSfLOCATIONS/VEHICLES(ACORD101,AddglmilRaatddSdrcdra4rmrbe?DAMN I mom,apaeelere red) The eo,tulcate holder is•a named additional insured on the general Iiablity:policy The General Liability Policy has Hired&Non.Ovmed_Auto Fomlt PIC-0taF008(10113)iun 81,000900 Each Occurrence Limit and$1,000,000 Aggregate Limit 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. 'AUTHORED REPRESENTATIVE Monroe'County Board of County Commissioners i100•Simonton Street �(/�J ' Key-West,FL 33949 /l/ �LI.C.L 7t/Jdi!'( ACORD 25(201tif03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD