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6th Amendment 09/15/2021 _�JRcougrQ��,1 Kevin Madok, CPA la*"= Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: October 27, 2021 TO: Alice Steryou Contract Monitor I FROM: Pamela G. Hanc i( ) C. SUBJECT: September 15t BOCC Meeting Attached is an electronic copy of the following item for your handling: Cl 6th Amendment to Lease Agreement with 1000 Atlantic Boulevard LLC (Salute Restaurant), for a CPI-U increase of 1.4%,with a new monthly rental amount of$9,322.80 commencing retroactive to August 12, 2021. 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,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SIXTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS SIXTH AMENDMENT TO LEASE AGREEMENT is made and entered into on this 15th day of September, 2021, 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 11, 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 11, 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 115 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 parties hereto did on June 17, 2020, enter into a Fourth Amendment to Lease Agreement for the County 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 to reflect the decrease in the monthly applicable Use Tax; and WHEREAS,the parties hereto did on September 19, 2020, enter into a Fifth Amendment to Lease Agreement to clarify several matters, including that the monthly applicable Use Tax, composed of State and County Use Tax, was to be adjusted on the corrected date of January 1, 2020, from 7.2% to 7% and corrected the date to January 1, 2020, for the new rental amount to 1 commence based on the adjusted use tax rate. The Fifth Amendment further provided that the County had previously agreed to three (3) Monthly Rental Fee abatements due to COVID-19, which would commence on March 1, 2020, and with the March 2020 rental payment having already been paid by Lessee in the amount of Eight Thousand Nine Hundred Eighty-seven and 37/100 ($8,987.37) Dollars, it was to be refunded to the Lessee, and adjusted the monthly rental fee for an annual 2.3% CPI-U adjustment, effective on August 12, 2020, with the new monthly Rent being Nine Thousand One Hundred Ninety-four and 07/100 ($9,194.07)Dollars; and WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly maintenance fee will be adjusted annually 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 of the lease term; and WHEREAS, the parties hereto have agreed to the annual CPI-U adjustment of 1.4% percentage increase for the calendar year ending December 31, 2020, with an effective date retroactive to August 12, 2021; and WHEREAS,the parties have found the Lease to be mutually beneficial; and 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: 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended, retroactive to August 12, 2021, to reflect the new rental amount based on the current CPI-U increase of 1.4%, and shall 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 Nine Thousand Three Hundred Twenty-two and 80/100 ($9,322.80) Dollars per month, retroactive beginning on August 12, 2021, and thereafter payable in advance on or before the first business day of each and every month. The Rent and 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 ("CPP') for all urban consumers ("CPI-U")for the calendar year immediately preceding the anniversary date. New Rental Amount commencinz retroactive to 8/12/2021, includes a 1.4% CPI-U increase To: Monthly Rent: $7,214.95 Monthly Maintenance Fee: $1,602.80 Monthly Applicable Use tax: $ 505.05 ** TOTAL Rent: $9,322.80 **Current rate as of 01/01/2020: 7% (State and Local) subject to change and rent amount due shall be adjusted accordingly 2 7. Except as pet:,frittkirt.1,,P4740ph I,IIFF04bAVO'i 01.0herr lirt.TiOdO ,Of theLopt-e-;l_ris. ,..,#)ilet&cli,iioi inconsistent in full force and ..c r-c\ _.,-- .•-,\e,, . . . . ,,,/froe,,,,-„, SI WHER,F0F;'the partieslitrOto ha*Oetllien:hands and'S talS did day and # -:-d-y6r cfrittifi,ilir -, litto.. W1-2_,W ts4407,1,,,z BOARD 0Ei N. Ailiggy,IN MAI3.0k,' cI.:EgIC ' .- COUNTY COmig4s$19NERi .. .., .. ,...,,.... :._ .... ...,.. ..., . . . .12T.MoNgoto I. LEssoA: 44 a A ,-..—s"" 11110V ift,vv,4_4A41.44,4.4„vtL Ag.D *Ci(rk.- •1:Nlaydr/Chaitp-&fstin _ „ . . - . . , , .- WITNESSES: , ',10I/OAT-LANTIc EGUI4EVAIMILC;, • ..:.. ,,. .... . „ _ .._. • 'A'•• -in40P41!ilitY'Company, _ „LF_SSEE- -''. .• - ,- ' : - • 1.." .• -•.j.e 114-4.1,--/ et,,, ' ':.(- .-271 SIgnattge 'Title:-:;_Mi.#4giijg'Partner,..' . 13 - ,Acat,.e:c.-!:e .'51.: ,./ Print Name " /,-.-;:p:00 - ' .--- -.• ",-:-.13:410t-Nijte'-: - ''- Date' . .. ----'-Signature' .7_ty-•&-,i' .,4 I/,-.y . •:_f.„. ./- . . . PrintNanie ' 'Date . _.. • mcsh9PEPDPtitY;`,14olle • __ 'PATRICIA EAMES AS-1AT. ANT CPUNTIATP*EY r D,gE: •fl117/21)21 ,---, . ...... - co. -s --- . ---i r.-.4 .-1,.. rn ----c-4 :ea (--) : _ :.-, -1-7 • r-- -- -'� 1000ATL-01 J OH NSONSO CERTIFICATE OF LIABILITY INSURANCE DATE 10/14/2021Y) �•� 10/14/2021 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 endorsement(s). PRODUCER CONTACT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (A/C,No): Marathon,FL 33050 a DD" RIESS:Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Tokio Marine Specialty Insurance Company 23850 INSURED INSURERB:FHM Insurance Company 10699 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER 7 729 Thomas Street INSURER D: 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR RES10335-02 10/16/2021 10/16/2022 rl DAMAGE TO RENTED 100 000 X PREMISES Ea occurrence $ MED EXP An one person) $ 5,000 Ap roved Risk Management 1 000,000 PERSONAL&ADV INJURY $ ' GEN'L AGGREGATE LIMIT APPLIES PER: � � � ��,� � GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- ❑ LOC 1,000,000 JECT OTHER: 10-20-2021 LIQUOR LIABILIT $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X RES10335-02 10/16/2021 10/16/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WC30600058172021A 1/1/2021 1/1/2022 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is additional insured with respect to general liability and auto liability 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. Monroe County BOCC AUTHORIZED REPRESENTATIVE Insurance Compliance PO Box 100085-FX Duluth GA 30096 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD