3rd Amendment 11/17/2020 6N° '°°'°41'• Kevin Madok, CPA
' Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: December 15, 2020
TO: Alice Steryou
Contract Monitor
FROM: Pamela C. HancoC.
SUBJECT: November 17Th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
F9 3rd Amendment to Lease Agreement with Salute Watersports, LLC, for die
Mobile Retail Merchandise or Service Concession at Higgs Beach for a one-year renewal with a
CPI-LJ adjustment of 2.3%.The monthly rent amount will increase to $521.22 per month,
retroactive to October 16, 2020, plus 7.5%of the monthly gross taxable sales. Revenue 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,Rorida 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 AMENDMENT TO LEASE AGREEMENT FOR
HIGGS BEACH CONCESSION,KEY WIST,MONROE COUNTY,FLORIDA
THIS THIRD AMENDMENT TO LEASE AGREEMENT is made and entered into this
17th day of November, 2020. between MONROE COUNTY, FLORIDA
4-COuNTY7rLESSOR"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street. Kcy West, Florida 33040, and SALUTE WATERSN)RTS, LLC
( CONTRACTOR"rLESSEE"), a Florida limited liability company. whose address is 1000
Atlantic Blvd.Key West Florida 33040.
WHEREAS,the parties hereto did on October 17, 2010,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 Canty,Florida(hereinafter"Original Agreement':and
WHEREAS,on July 17.2019,the BOCC approved the Lease Assignment Assumption and
Consent rAssignmeno) of the Original Agreement from Tropical Watersports, I.LC, to Salute
Watersports, I.LC. for the operation of a mobile concession on the Clarence S. Higgs Memorial
Beach Park, Key West. Monroe County.Florida and
WHEREAS. on December I I, 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
tern to commence retroactive 0o October 16, 2019, and terminate on October 15. 2020. and to
adjust the CP1-IJ increase of 1.9%retroactive to October 16,2019;and
WHEREAS, on June 17, 2020, the 130CC approved the Second Amendment to lease
Agreement to abate total monthly rental payments and the 7.5% monthly gross taxable sales
payments due by Lessee for the months of March, April. and May 2020. due to Higgs Beech
COVID-19 closures: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 Third
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 5 of the Original Agreement the County exercises the
option to renew the term of the agreement for the second of the five (5) optional (I) one-year
periods. This renewal term shall commence retroactive to the le day of October 2020, and ends
upon October 15.2021.unless terminated earlier under another paragraph of this Agreement.
2 In accordance with Paragraph 6(d)of the Original Agreement, the County exercises
the option to amend the Agreement and the rental amount shall be adjusted in accordance annually
with the percentage change in the f I.S. Department of Commerce Consumer Price lit (CPI-U)
fir all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the
previous year of 2.3%. with payments increasing from Five Haadred Nlae and 50/100(S509.50)
Dollars per month to Five Ilodred Tweaty-ere and 22/100 ($521.22) Damn per month.
pursuant to Paragraph 6(a) of the Agreement. with an effective date retroactive to October 16,
2020.
3. Except as set forth in Paragraphs I and 2 of this Third Amendment to Lease
Agreement, in all other respects, the terms and conditions set forth in the Original Agreement
remain in full force and effect.
��o IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year
4o •. ve written.
BOARD OF COUNTY COMMISSIONERS
6
- VIN MADOK,CLERK OF MONROE COUN r ' r A
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Bv: a (�/J 4 By:
As Deputy Clerk .{/ Mayor
Date: V I Y gA t l7, 1 3" Date: V ✓Wvvvti+t I7
ONTRACTO SEE: -_
SALUTE W RS
Witnesses for CONTRACTOR: - rn
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Signature legally bind Corporation
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Printed Name to Prim Name and Title
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Signature
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Printed Name and Date / Telephone Number
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i. ...1 SALUWAT-01 RERAN!
a�izo CERTIFICATE OF LIABILITY INSURANCE WBnT o"
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: it the cerdllcate holder l en ADDITIONAL INSURED,the policy(1es)must have ADDITIONAL INSURED provisions or M endorsed.
If SUBROGATION IS WAIVED, subject to the terms and candMons of the policy.certain poi1W may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu cif such apdornnwnUs).
PRODUCER MOLT Linda Regan
Insurance Office of America
13381 Overseas Rahway WL,N,EAU: I Fit .HcF
Marathon,FL 33050 p;Unde.Regangloausa.com
NWRMIIa1 AFFORDING COVERAGE NAM•
_. _. . .. _ 1 MBAR A:Century Surety Company _. 30951
INSURED I MNRm B'
Sahib Watanports.LLC i SISURERc:
no ThomasINSURER
Key West,
,FL FL 3901 3904 0 NEUMER E: -.
INSURER
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. NOTWDHSTNIDING 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.
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Named M CO 2011 0413-Landlord
Memo County BOCC is additional Insured with respect te General Liability
CERTIFICATE HOLDER CANCELLATION
SHOULD PAY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EAIMTpN DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC * MOWED REPRESERTATNE
Insurance Compliance
PO Box 1000550X ,
Duluth GA MOSSA+'��L<Lt
ACORD 25(2016/031 O 19502015 ACORD CORPORATOR. All rights reserved.
The ACORD name and logo are registered marks of ACORD
From: Linda.Regan@ioausa.com
To: monroecountyfi monroecountyfi@Ebizcom
CC:Rick.Aiken@ioausa.com
Subject:Salute Watersport-Revised Certificate
Date:8/17/2020 1:38:12 PM
Attacbment(s):
Please see attached revised certificate.
Thank you.
Linda Regan I Commercial Lines Account Manager
Insurance Office of America/Eagle American Insurance
Tel:305-537-2782 Fax:305-453-I438
twin.Rannn@iminomm
www.loatco.com
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