4th Amendment 06/17/2020 fiawM, �1
t"`°'', 'a Kevin Madok, CPA
a• ., .. Clerk of the Circuit Court&Comptroller—Monroe County, Florida
-
DATE: August 6, 2020
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hancoe.C.
SUBJECT: June 17'B0CC Meeting
Attached is an electronic copy of the following item for your handling:
Q4 4th Amendment to Lease Agreement with 1000 Atlantic Boulevard, LLC (Salute
Restaurant) to abate the rent for March,April and May 2020 due to closures resulting from
COVID-19 preventive measures in the total amount of$26,962.11; and to adjust the monthly
rental amount due to a decrease in the use tax.
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,Florida 33040 Marathon,Florida 33050 Plantation Key,Ronda 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FOURTH AMENDMENT TO LEASE AGREEMENT
HIGGS BEACH CONCESSION/RESTAURANT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into
on this 17th day of June, 2020, 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 I I, 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 I I, 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 1 15 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 parties hereto did on August 21, 2019, enter into a Third Lease
Agreement Amendment for an annual CPI-U adjustment of 1.9%and a Use Tax Credit;and
WHEREAS, the County desires to abate certain monthly rental payments for the months
of March, April, and May 2020, due to the COVID-19 Higgs Beach closures as a preventative
measure;and
WHEREAS, the monthly applicable Use Tax was adjusted on January I, 2020, from
7.2% to 7% and the parties now desire to amend the monthly rental payment amount to reflect
the decrease in the monthly applicable Use Tax; and
WHEREAS,the parties have found the Lease to be mutually beneficial; and
1
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, as
amended, Lessee paid Nine Thousand One and 28/100 ($9,001.28) Dollars per month effective
as of August 12,2019,for rent,applicable tax, and a maintenance fee,which included the cost of
the Lessor providing janitorial services and the opening and dosing of the public restrooms. On
January I, 2020, the monthly applicable Use Tax was adjusted from 7.2% to 7%, from
$500.79/month to $486.88/month. The current monthly rental amount is set forth below in
addition to the new monthly rental amount with the reduced Use Tax of 7%, which is subject to
change periodically and therefore adjusted accordingly.
From:
Monthly Rent: $6,955.36
Monthly Maintenance Fee: $1,545.13
Monthly Applicable Use tax: $ 500,79
Current rate as of 01/01/2019: 7.2%subiect to change
TOTAL Rent: $9,001.28
To:
Monthly Rent: $6,955.36
Monthly Maintenance Fee: $1,545.13
Monthly Applicable Use tax: $ 486.88
Current rate as of 01/01/2020: 7%subiect to change
TOTAL Rent: $8,987.37
Section 2. Paragraph 4, Rent. Maintenance Fee. Tax, of the Lease, as amended, is
therefore, 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 $8,987.37 per month,
beginning on March I, 2020, 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.
Section 3. As of March 1, 2020, the total monthly Rent would be Eight Thousand
Nine Hundred Eighty-seven and 37/100 ($8,987.37) Dollars. The County, therefore, agrees to
abate the total monthly rental payments for March, April, and May 2020, due to the closure of
Higgs Beach, as a result of COVID-19 preventative measures, for a total abatement amount of
Twenty-six Thousand Nine Hundred Sixty-two and 11/100($ 26,962.11) Dollars.
2
Section 4. Except as set forth in Sections 1, 2,and 3 hereinabove,all other provisions
of the Lease, as amended,not inconsistent herewith,shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
r, p• rst above written.
•
BOARD OF COUNTY COMMISSIONERS
� IIVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA,
! LESSOR
By: y77
--J .. By:
s Deputy/Clerk Mayor/Chai o eather Carruthers
WITNESSES: LES E: 100 !antic ul ard, LLC,
A orida Li Lia ' ' Co ny
\1. �/ti1 0� By: .
Signature Title: anaging Partne
IV2/faathe- Co•907 - o
Print Name Date
Signature "
CtJ 11A L . UALt— c —q - auad o g
Print Name Date 0
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MONROE j�M. T TTORNEYS OFFICE
f1 casPi•o As Et1W
ASSISTPANT ATRICI COUNEAB Y AITORNEY
DATE: to- 2_oZo
3
i--1 1000ATL-01 RFAAMJ
ALRO CERTIFICATE OF LIABILITY INSURANCE DA ;N Dn
W28/2020
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 POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTRUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDRIONAL INSURED,the policy(Iss)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain poIICMs may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER =ROT Linda Regan
Insurance Office of America PHONEPH
13361 Oven eas Highway (AC,,I EMI: µc,No)
Marathon,FL 93050 Wane Llnda.Reganggloausa.com
INSUREmn AFFORDING COVERAGE NAIC a
INSURER A:Toklo Marine Specialty Insurance Company 23850
INSURED INSURER a:FHM Insurance Company 10699
1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C:
729 Thomas Street INSURER 0:
Key West,FL 33040
INSURER E:
INSURER F:
COVERAGES 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.
RCM TYPE OF INSURANCE ADOL SUER POLICY EFF MUM,ESP
LIR MSD WLL POLICY NUMBER mstnoyen NWOdYWYI LIMITS
A X 'COMIERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000
CLAIMS-MADE X OCCUR X RES10335.00 10/16/2019 10/16/2020 DPnAF acF„ENTED
c,,,mmul 100,000
I
MED EXP(Am person)ps, l 5,000
PERSONAL&ADY INJURY 1.600,000
GENL AGGREGATE LIMIT APPLIES PER. 2,000,000
GENRicAGGREWTE
X POLICY I. _uorRR6p LCC PRODUCTTS-COMP/OP AGG 1,000,000
X OTHER:Liquor Liability LIQUOR UABIUT 1,000,000
•
AUTpIDBIF LIABILITY
COMBINED LIMIT 8,000,000
ANY AUTO X RES10S3SD0 10/161201g 10/16/2020 BODILY INJURY Per OWNED SCHEDULED -- 1 DF,c^1 -..
I AUTOS ONLY AUTOS - -
Xp� NON�pVm p pBgOCDIILLEY INJURY LPN exIEwID
I71%ONLY X_ MJTOSOe Ilb,umgdrene i4"13E
UMBRELLA LIAe OCCUR
—
EACH OCCURRENCE
EXCESS LIAR CLAIMS-MADE
AGGREGATE
DED RETENTIONS
B n OAT X pR HMO EMPLOYERS BTAWTE
ANY PRaPJETOR,vARTn=o.xsclnlYE YIN WC30600058172020A 1/1/2020 1H/2021 100,000
OFFI�CER/MEMBER EXCLUDED? N F A
EL.EACH ACCIDENT
ny[i N9aMNH) E L.DISEASE.EA EMPLOYEE 100.000
Und
DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT500,000
DESCRPTION OF OPERATIONS/LOCATIONS I VEHICLES IACORO 101.Additional tench SWISS*.min be MNNFd N more space Is rowing!)
Monroe County BOCC is additional Insured with respect to general liability and auto liability
APPR 16f(NW ENT
ev
8/5/2020
CERTIFICATE HOLDER CANCELLATION wAN� �`1Yal`�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC AUTHORIZED REPRESENTATIVE
Insurance Compliance
PO Box 100085FX /' l
IDuluth GA 30096 21//),t,u (1(-11T1-0N/(
ACORO 25(2016/03) 019884015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD