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3. Consent to Assignment 12/21/2005 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 31,2006 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Administrative Assistant Public Works Division Pamela G. Hanc~ Deputy Clerk FROM: At the December 21, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Consent to Assignment of Lease between Monroe County and Tropical Sailboats, Inc., Assignor, and Tropical Watersports, LLC, Assignee, to lease a portion of Higgs Beach for the purpose of renting beach chairs and umbrellas to the public. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File ./ DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 3, 2006 TO: Dent Pierce, Director Public Works Division FROM: Beth Leto, Administrative Assistant Public Works Division Pamela G. Hancrl~ Deputy Clerk 'C;P ATTN: At the December 21, 2005, Board of County Commissioner's meeting the Board granted approval and authorized execution of two Consent to Assignment of Leases between Monroe County and Tropical Watersports, LLC. Due to an oversight on my part I processed both documents; however, I did the Clerk's Memorandum referring to the rental of beach chairs and umbrellas thinking this was the only one I had received. It was brought to my attention when I was looking for the document referencing th~ watersports business that I had inadvertantly processed both sending you the renting of beach chairs and umbrellas and me retaining the watersports business lease in the Clerk's record. In order to clear the record you have provided me with the original renting of beach chairs and umbrella lease from Mr. Gonzon. Attached are certified copies of both leases for Mr. Gonzon's records. Thank you for your assistance in this matter. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File J III. l.. CONSENT TO ASSIGNMENT OF LEASE This Consent to Assignment is entered into this 21st day of December, 2005, between the COUNTY OF MONROE, a political subdivision of the State of Florida, hereafter County, and TROPICAL SAILBOATS, INC., hereafter Assignor, and TROPICAL W A TERSPOR TS, LLC, hereafter Assignee, the parties agreeing as follows: 1. The County leases a portion of Clarence S. Higgs Memorial Beach, in Key West, Florida, for the purpose of renting beach chairs and umbrellas to the public, through an Agreement dated June 15, 2005, hereafter the original agreement, and as amended on October 19,2005 abating rent payable due to hurricane damage to the beach. 2. The Assignor and Assignee have entered into an Asset Purchase Agreement dated November 28, 2005, which includes an Assignment of Lease and Licenses to Assignee of all the Assignors rights, and obligations in the lease. 3. In consideration for such consent, the Assignee agrees to be bound by all the terms and conditions of the original agreement, and as amended. 4. The Lessor County agrees to the assignment of the lease from Tropical Sailboats, Inc. to Tropical Watersports, LLC. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date fiXs.t ~tten above. '; ~j \,\1<" ~~ (SEAt.r/ A'f'mST:f>ANNY L. KOLHAGE, CLERK ,,;"<:..' \.,:;- /: >;~ ASSIGNOR LESSEE: TROPICAL SAILBOATS, INC. BOARD OF COUNTY COMMISSIONERS OF MONROE CO TY, FL?f1DA ~ C> 0 c:::t Z )> ~ ~C")~ ~ BY: ['fi1r- -< :::0 hai~ ~ (..,) c:-:A: z?Uc :z>> -1 (") ~:;:: :% -< --i -.- ASSIGNEE ~. ~ 9 LESSEE: TROPICAL W ATER~R'il L~ By:?r~ Joan Greg LL\JO -n r- JTl o "T1 (':) ::;;0 :::0 1"'11 n o ::0 o ACORD. CERTIFICATE OF LIABILITY INSURANCE DAlE (MMIDDIYYYY) TROPI-5 05 19 06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Loqan Insurance Aqency, Inc. 3801 North 9th Avenue Pensacola FL 32503 Phone:850-438-1449 Fax:850-438-0 85 REG NAICs INSURED MAY 2 Insurance Co a~ TROPICAL 1IATERSPORTS, 1002 FLI!:Ml:NG ST 0 IIEY WEST FL 33040 COVERAGES LLC INSURER c: MONROE RIS~ MAN RE: THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LT" NSIl TYPE OF INSURANCE POUCY NUMBER ~ DATE IIMlDDIYV LIMiTS ~MI!ML LIABILITY EACH OCCURRENCE .1000000 A X X COMMERCiAl GENERAL LIABILITY 3CS7988 12/27/05 12/27/06 I =~~S (Ea occurence) .50000 I ClAIMS MADE ~ OCCUR MED EXp (Anyone person) $ 1000 ~ PERSONAL & ADV INJURY .1000000 ~ GENERAL AGGREGATE $1000000 h'l AGG~En ;:: APnS PER: PRODUCTS - COMP/OP AGG . INCLUDED POLICY JECT LaC ~TOM08ILe LIABIlITY COMBINED SINGLE lI~T . ANY AUTO (Ea8CCldent) e-- ~ e-- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) . '-- I-- HIRED AUTOS BODILY INJURY NON-OWNED AUTOS !\P\";f!\ mbct.~ (Peraceident) . - ~,: - {~ . PROPERTY DAMAGE . ..." (Peracciclent) .,~ =rE LlOmLITY I. ~.. ~~ AUTO ONLY - EA ACCIDENT . AAY AUTO 'NlTf' Y- OTHER THAN EA ACC $ AUTO ONLY: AGG . ::5~SSlUMBRELLA UABlLlTY TpA~;_ EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE Cfr(s '. AGGREGATE . (.':1. ~O . ~ ,DEDUCT'BLE ( ~,/ . . RETENTION $ . WORKERS COMPENSATION AND I Tb',\'/lI~ifs I IU~Ii" EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT . OFFfCfRIMEMBER EXCLUDED? EL DiSEASE. EA EMPLOYEE S g~~:pr~~6'"NS below E.L DISEASE. POLICY LIMIT . OTHER DESCRIPTION OF OPERATtQNS' LOCAl1ONSI VEHICLES I EXCLUSIONs ADDED BY ENDORSEMeNT' SPECIAL PROVISIONS Beach Chairs UIIlbrellaa rented to others CERTIFICATE HOLDER MONROE COUNTY BOAlU) OF CO. CCH<<o RISK MGT. 1100 SIMONTON ST. IIEY WEST FL 33040 CANCELLATION MONROEC SHOULD MY OF THE ABOVE DESCRIBED POUCtES BE CANCELLED BEFORE THE EXptRA. DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HQLDER NAMED TO THE LEFT, BUT FAILURE: TO DO so SHALL IMPOSE. NO OBLtGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTAT1VEs. AUTHORIZED REPResENTAnvE Michael E Susltind At"'nDn ')c '''M1!,,~~ .. . Cc..o~ (f\ .6.r.nRn r.nDPnA.6.TlnW 1QAR ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID'5~ DATE (MMIDDIYYYY) TROPI-5 12/08/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Logan Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 3801 North 9th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pensacola FL 32503 REG I~Q,GRS AFFOR Phone: 850-438-1449 Fax: 850-438-00 ~5 ING COVERAGE NAICtI INSURED ---'.----.- INSURER A IEsse Insurance Company INSURER B: TROPICAL WATERSPORTS, LLC DEe 1 '~SURe" 0 1002 FLEMING ST. INSURER 0: KEY WEST FL 33040 ~. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED "M" 100 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF rNSURANCE POUCY NUMBER 'lli~~ DATE MM~ LIMITS ~NERAL lIABIlITY EACH OCCURRENCE .1000000 A X ~ COMMERCIAl GENERAL LIABilITY 06-0208 12/27/06 12/27/07 PREMISES (Ea ~~nce) .50000 - :=J ClAIMS MADE ~ OCCUR MED EXP (Any one person) .1000 - PERSONAl & KJV INJURY .1000000 -. GENERAl AGGREGATE . 1000000 ~'~ AGG~En LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG . INCLUDED PRO- n POLICY JEcr LOC AUTOMOBILE UABlLITY ,,:;fb COMBINED SINGLE LIMIT - f{lS~ . ANY AUTO (Eaaccident) I- ,. I- ALL OWNED AUTOS BODILY INJURY .Q,:Qr (Per person) . I- SCHEDULED AUTOS r:; f- HIRED AUTOS BODILY INJURY 1'.. (Per accident) . I- NON..QWNED AUTOS .... I- rM,:'.G "b1J~ PROPERTY DAMAGE . (Per accident) GARAGE LIABILITY [ ~ <);-0" AUTO ONLY - EA ACCIDENT . R'ANYAUTO L ,.:.- OTHER THAN EA ACC . , AUTO ONLY: AGO . ~ESSlUMBRELLA UABlLITY V: '" EACH OCCURRENCE . OCCUR D CLAIMS MADE AGGREGATE . . R DEDUCT'BLE . RETENTION . . WORKERS COMPENSATtON AND ITO"\W,;)fi!s I I'ER EMPLOYERS" LIABILITY E.L. EACH ACCIDENT . ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE S ;~~~~Sbetow EL. DISEASE - POLICY LIMIT . OTHER DESCRIPTION OF OPERATIONS I LOCATIONS' VEHtcLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS Beach Chairs Umbrellas rented to others cc: f; "lOon C"~..... CERTIFICATE HOLDER' MONROE COUNTY BOARD OF CO. CClMM. RISK MGT. 1100 SDHONTON ST. KEY WEST FL 33040 CANCELLATION 1<<>NROEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ NOTICE TO THE CERT1FJCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LlAElUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR. REPRESENTATtVES. AUTHORtZED REPRESENTATIVE Michael E Suskind ra 6rnAn r.nADnA6TlnN 1QAA 61"nDn ?t::. I?M1IftR\ /l / I -;0-- ~miA