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3rd Amendment 06/17/2020 i;'+" w\_9'$0 Kevin Madok, CPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida " " DATE: July 13, 2020 TO: Alice Steryou Contract Monitor Atir FROM: Pamela G. Hanc�d$,LC. SUBJECT: June 17"' 130CC Meeting Attached is an electronic copy of the following item for your handling: Q3 3rd Amendment to Lease Agreement with Pam!islander for a mobile food concession at Higgs Beach to abate rent and percentage commission for March, April and May 2020,due to COVID-19 preventive measures in the amount of$630.20; and to extend the lease term which terminates on June 20, 2020;on a month-to-month basis pending the issuance of an RFP and award of a contract. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PWROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Rorida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 THIRD AMENDMENT TO LEASE AGREEMENT FOR HI+GGS BEACH CONCESSION THIS"CHID AMENDMENT TO LEASE AGREEMENT is made and entered into on the 17th day of June 2020, by and between MONROE COUNTY, a political subdivision ofthe State of Florida, hereinafter referred to as "County" or `Lessor," and PAMELA USLANDER, hereinafter referred to as "Lessee"or"Tenant;" WHEREAS,the Lessor is the owner of the Clarence Higgs Beach Park,hereinafter"Higgs Beach,"that has spaces) available for mobile concessions; and WHEREAS, on the lath day of December 2014, Lessor entered into a Lease Agreement for Hies Beach Concession("Original Agreement")with Lessee being granted the right to operate a concession at Higgs Beach in Key''west, Florida, for a terra of one(1) year commencing January 1 2015, and terminating on December 31,2015; and WHEREAS, the Original Agreement allowed the .Lessee to renew the lease for two (2) additional two=year terms upon providing a request, in writing, at least sixty (60) days prior to termination of the Original Agreement; and WHEREAS, on January 20, 2016, the County extended the lease for six (6) months to evaluate the Lessee's performance after the Lessee had fallen behind on the payment of the required rental and fees; and WHEREAS,Lessee became current can all payments and continued to perform well during the evaluation period; and WHEREAS, on May 18,2016, the BOCC approved the first of two(2)optional two-year terrn renewals; and WHEREAS,on May 16,2018, the BOCC approved a Second Lease Agreement Renewal, which approved the second of two (2) optional two-year term renewals, revised the on- Discrimination language, and the County agreed to abate the total monthly rental payment for September 2017 in the amount of One Hundred and 001100(` 1 OQ.tlfl) Dollars and accept only five per cent(5°�)of Lessee's total gross proceeds as the additional percentage payment for that month, due to the closure of Higgs Beach as a result of Hurricane Irma damage; 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 t WHEREAS, the County desires to abate certain monthly rental payments for the months of March, April, and May 2020, and Lessee's percentage payments, due to the COVID-19 Higgs Beach closures; and WHEREAS, the parties have found the Lease to be mutually beneficial-, and WHEREAS,the parties desire to amend the Lease; NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants and agreements hereinafter contained,the parties hereto do hereby agree as follows: Section 1. Paragraph 4 of the Original Agreement is amended as follows: 4. Term - This lease agreement renewal shall take effect on the I" day of July, 2020, and continue 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, unless tenninated earlier under another paragraph of the Original Agreement. Section 2. Paragraph 5 (b), Rental and Fees, of the Original Agreement is amended as follows: Paragraph 5 (b) , In addition to the monthly rental payment in the amount of One Hundred and 00/100 ($100.00) Dollars per month, Lessee agrees to pay Lessor five per cent (5%) of its total gross revenues per month, plus sales and usage tax, or One Hundred and 001"100 ($100.00) Dollars, whichever is greater. The County agrees to abate Lessee's monthly rental payments for the months of March, April, and May 2020, in the amount of One Hundred and 00/100($100.00)Dollars per month for a total amount of Three Hundred and 00/100 ($300.00) Dollars for the three (3) months. The County also agrees to abate the five per cent(5%)of Lessee's total gross revenues for the month of March 2020 in the amount of One Hundred Thirty and 20/100($130.20) Dollars, for the month of April 2020 in the amount of One Hundred and 00/100 ($100,00) Dollars; and for the month of May 2020 in the amount of One Hundred and 00/100 ($100.00) Dollars, all due to the closure of Higgs Beach during those three (3) months as a result of COVID-19 preventative measures.The total abatement for the rent and percentage of gross revenues is Six Hundred Thirty and 20/100($630.20) Dollars. Except as set forth in Sections I and 2 hereinabove, all other provisions of the December 10, 2014, Original Agreement, as amended, not inconsistent herewith, shall remain in full force and effect. II IN WITNESS WHEREOF, each party has caused this Third Amendment to Lease -f'.'.,\ - nt to be executed by a duly authorized representative. ► vt�� iteAr"' ,, BOARD OF COUNTY COMMISSIONERS '� KEVIN MADOK,CLERK OF MONROE COUNTY FLORIDA, \��ii�3ii LESSOR By: By: aS Deputy Clerk Ma r LESSEE: PAMELA USLANDER \ Witnesses: gyp" : Pamela Ushmder Br a t Signature Title: Title: Owner , -/CeOor 4nn /4�An,c, G-B -.20a0 Print Name // Date N Signature - c /ie a 11-I i s Ah 68aa w L Print Name 'Date _ s r N n • O CO PA Emus Ma Pa IV 0 1 PAMEL-1 DATE(MM/DD/YYYY) CERTIFICATE 4F LIABILITY INSURANCE 01/08/2020 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 endorsements . PRODUCER 630-782-1717 COAT CT Michael J. Petrus,CIC Dimond Bros,Insurance LLC 71 ` - PHONE 630-782-1717 FAX 630-782-1797 188 Industrial Dr,#133 (A/C,No Ext}: _ (Ate Na}r Elmhurst,IL 60126 E-Maa mi e. etrus Imondbros.com Michael J.Petrus,CIC -AAJ3I3ESS: _ INSURER(S)AFFORDING COVERAGE . NAIC 0 _INSURERA:Liberty Mutual Insurance Group19544 NSUR D INSURER B: a e a Uslander .. 102 E Crest Avenue INSURER C: Bensenville,IL 60106 -- -._-_-_ INSURER D: _ I INSURER_E: _ ..------- 1 INSURER F: COVERAGES CERTIFICA E NUMB 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 DDL UBR POLICY EFF POLICY EXP TYPE OF INSURANCElNSD WVD POLICY NUMBER IDfYYYYJ LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 300,000 € MADE OCCUR CLAIMS- X BKS56478695 _f X 01/01/2020 01/01/2021 ?REMISE5O(E RENTED nce)_........ $ 300,000 — -MED.W tAPY.onepwwri)_ $ 15,000 PERSONAL 8,ADV INJURY $ 300'000 GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 300,000 POLICY I PE LOC PRODUCTS-COMP/OP AGG-_$ 300,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT fFaat�•I_denI1 . S. ANY AUTO BODILY INJURY Peersan) $ ____._.... OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident)I$ _ AUTOS ONLY AUUTOS ONLY (?RaT pcCiden SAGE $ UMBRELLA LIAB OCCUR N , "T ,EACH OCCURRENCE ,$ EXCESS LIAB CLAIMS-MADE SY n'SE: AGGREGATE DED RETENTION$ avF L $ WORKERS COMPENSATION I t"�- I � PER OTH- AND EMPLOYERS'LIABILITY YIN r�,,,„. -- - _STATUTE .,. .ER ANY PROPRIETOR/PARTNER/EXECUTIVE `J�d1 EL EACH ACCIDENT __ $ E1 FFICER/MEMBE EXCLUDED? ..I N/A * ,*} I�4/> t'� Yl$ Mandato E.L DISEASE-EA.EMPLOY $ If yes,describe under ____. ......... ..... DESCRIPTION OF OPERATIONS below E.L-DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Higgs Beach Park,Key West, FL 33040 CERTIFICATE HOLDER CANCELLATION CTYCOMM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2018£dnion MONROE COUNTY, FLORIDA REQUEST FOR WAIVERE INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waivlikMEQ-A fied on theAfollowing contract. ContractorlVendor: Project or ervice: (7tJ ... �t. ... ._ .. ... __ Contractor/Vendor Q�v rr j Address&Phone ft: l.l . - 1 S-' 1"1 l General Scope of Work: Reason for Waiver or �� C51 }T ITT� LEM . Modification- -_.�)-0P 51 Le o L 1[G 1 ch- ob 6 Ada e, -( W d AJ tit" Policies waiver or t)V-t6 i PAL- A& C i Modification will apply to. Signature of Contrac.tou'Vendor; Date:. (0_ Uj1� Approved r Not Approved ri Risk Management Signatu e: Bate: County Administralorappeal: Approved: Not Approved: Date: Board of County Commissioners appeal, Approved: _ _ ..._ . Not Approved: Meetin Date: Administrative Instruction 7500.7 $t99