2nd Amendment 06/17/2020 -; wW' s, Kevin Madok, CPA
' ''/ Clerk of the Circuit Court& Comptroller—Monroe County, Florida
°a.
DATE: July 11, 2020
TO: Mice Steryou
Contract Monitor
FROM: Pamela G. Hanc,C4e .C.
SUBJECT: June 17"BOCC Meeting
Attached is an electronic copy of the following item for your handling:
Q6 2nd Amendment to Agreement with Salute Watcrsports, LLC, for the Mobile
Retail Merchandise or Service Concession at Higgs Beach to abate rent for March,April and May
2020; and 7.5%commission due to COVID-19 in the amount of$2,172.35 revenue loss to
Monroe County.
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 PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Horida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
SECOND AMENDMENT TO LEASE AGREEMENT FOR
HIGGS BEACH CONCESSION,KEY WEST,MONROE COUNTY,FLORIDA
THIS SECOND AMENDMENT TO LEASE AGREEMENT is made and entered into
this 17th day of June, 2020, between MONROE COUNTY, FLORIDA ("COUNTY"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, and SALUTE WATERSPORTS, LLC ("CONTRACTOR"), a Florida limited liability
company,whose address is 1000 Atlantic Blvd,Key West, Florida 33040.
WHEREAS,the parties hereto did on October 17, 2018,enter into a Lease Agreement with
Tropical Watersports, LLC, for the operation of a mobile concession on the Clarence S. Higgs
Memorial Beach Park, Key West,Monroe County,Florida,(hereinafter"Original Agreement");and
WHEREAS, on July 17, 2019, the BOCC approved a Lease Assignment, Assumption and
Consent ("Assignment") of the Original Agreement from Tropical Watersports, LLC, to Salute
Watersports, LLC, for the operation of a mobile concession on the Clarence S. Higgs Memorial
Beach Park, Key West, Monroe County, Florida.; and
WHEREAS, on December II, 2019, the BOCC approved the First Amendment to the
Original Agreement to renew the term for the first of five (5) optional one-year periods with the
term to commence retroactive to October 16, 2019, and terminate on October 15, 2020, and to
adjust the CPI-U increase of 1.9%retroactive to October 16,2019 and;
WHEREAS,the County desires to abate certain monthly rental payments and the payments
for the 7.5% of the monthly gross taxable sales due by Lessee for the months of March, April, and
May 2020, due to the COVID-19 Higgs Beach closures as a preventative measure; and
WHEREAS, the parties have found the Original Agreement, as amended, to be mutually
beneficial and;
WHEREAS, the parties find that it would be mutually beneficial to enter into this Second
Amendment to Lease Agreement;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, it is agreed as follows:
I. In accordance with Paragraph 6 (a), (b), and (c) of the Original Agreement, as
amended, Lessee pays rent in the amount of Five Hundred Nine and 50/100 ($509.50) Dollars per
month plus applicable use tax, for retail merchandise or service concession space, with said rental
payments due by the la day of the month for which the rent is due. Lessee additionally pays to
Lessor 7.5% of its monthly gross taxable sales, and a guaranteed minimum annual fee of 10.125%
of its annual gross taxable sales, or the annual monthly rental of Five Hundred Nine and 50/100
($509.50) Dollars, plus the total of the 7.5% of the monthly gross taxable sales, whichever is
greater.
2. The County agrees to abate the total monthly rental payments for March, April, and
May 2020, in the amount of Five Hundred Nine and 50/100($509.50) Dollars per month,due to the
closure of Higgs Beach as a result of COVID-19 preventative measures, for a total rent abatement
amount of One Thousand Five Hundred Twenty-eight and 50/100 ($1,528.50)Dollars.
3. The County additionally agrees to abate the 7.5 %of the monthly gross taxable sales
payment for the months of March, April, and May 2020, in the total amount of Six Hundred Forty
Three and 85/100 ($643.85) Dollars, due to the closure of Higgs Beach as a result of COVID-19
preventative measures,based on Lessee's taxable sales records.
4. The total abatement amount for the three (3) months of rent abatement of One
Thousand Five Hundred Twenty-eight and 50/100 ($1,528.50) Dollars and the percentage
abatement of Six Hundred Forty-three and 85/100 ($643.85) Dollars, is Two Thousand One
Hundred Seventy-two and 35/100($2,172.35) Dollars.
5. Except as set forth in Paragraphs I through 4 of this Second Amendment to Lease
Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as
amended, shall remain in full force and effect.
tit "•J.r ) IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
bove written.
'I 4. �Adli
BOARD OF COUNTY COMMISSIONERS
Iy,
1 VIN MADOK,CLERK OF MONROE COUNTY,FLORIDA,
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� LESSOR
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-- -0-5 Deputy Clerk Ma r
Date: 94A, ill 20 u Date: 17, » z o
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SALU WATERSPORTS, LLg. _.
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Witnesses for LESSEE: S E , o
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Signature 305- 30cfs— 668 7
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Printed Name and Date AONROE COUNTY ATTORNEY'S OFFICE
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A`�R� CERTIFICATE OF LIABILITY INSURANCE DABriD2oTE �SO YI
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(les)must have ADDITIONAL INSURED provisions or be endorsed.
M 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 endorsenlent(s).
PRODUCER ACT Linda Ragan
Insurance Office of America PHONE FAX
13381 Overseas Highway (NC.NP,E'"1: IAIO,Nol:
Marathon,FL 33050 5214168.Linda.Regan@loausa.com
MEURER'S)AFFORDMo COVERAGE I RAW/
- _ dimmest A:Covington Specialty Insurance Company 113027 __
INSURED INSURER a:
Salute Wetersports,LLC INSURER C:
729 Thomas Street INSURER O:
Key West,FL 33040 INSURER E: •
INSURER F:
COVERAGE$ 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 POLICYTYPE OF INSURANCE ADEL SUER POLICY POLICY ERE PO
LICY UP
LIR MUD WVD INMIDRHYYYI IMWpOM'YY1 LIMITS
A X IICOMMERCILL GENERAL MELT' EACH OCCURRENCE $ S00,000
, CLAIMS-WOE IX I OCCUR X VBA70978500 e12/2019 8/2/2020 DAMAGE TOFRENTED nui�1 $ 100,000
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_PERSONAL&ADV INJURY __ 500.000
GENT AGGREGATE LIMIT APPLIES� PER. GENERAL AGGREGATE $___ 5500,000X POLICY n jpOT I LOC PRODUCTS-COMPIOP AGO E 500,000
OTHER: • $
A COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY Fe .MdA _ _. ._ _L____.
ANY AUTO VBA70978500 8/2/2019 8/2/2020 BODILY iwuRyjPerr.nonL $
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AUTOS ONLY AUTOS BODILY INJURY(Pr evdenlj L.
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I IQV�y� T Hlred,Non.Owned $ 500,000
I UMBRELLA LIAa OCCUR 1VrYrrlr 1 EACH OCCURRENCE $
I EXCESS LIAR CAMS-MADE AGGREGATE _ $
DED RETENTIONS By s
WORKERS COMPENSATION SPEER OUL
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AND EMPLOYERS'LIABILITY Ylx 7/1a �7 — -
ANYPROPRETmIpMTNFECXEWTIVE I NIA DATE...... .
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DESCRIPTOR OF OPERATORS I LOCAT1NSI VEHICLES (ACORO101.Adesaul Remarks Schedule,miry be Mach If more space M requiem')
Named A0 CO 2011 0413-Landlord
The certificate holder Is a named adddMonal Insured on the general IleMlity policy per foruM CG 2011 0413.
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 ���
1 West.
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Key West FL 33040 �l/
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