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4th Amendment 09/15/2021 4V�(CAURT4'1 Kevin Madok, CPA . Clerk of the Circuit Court&Comptroller—Monroe County, Florida. �`o . - DATE: December 7, 2021 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc eel.C. SUBJECT: September 15th BOCC Meeting Attached is an electronic copy of the following item for your handling: C2 4th Amendment to Lease Agreement with Salute Watersports LLC for the Mobile Retail Merchandise or Service Concession at Higgs Beach for a one-year renewal,with a CPI-U adjustment of 1.4%.The monthly rent amount will increase to $528.52 per month, commencing on October 16, 2021, 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,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 FOURTH AMENDMENT TO LEASE AGREEMENT FOR HIGGS BEACH CONCESSION,KEY WEST,MONROE COUNTY,FLORIDA THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into this 15th day of September, 2021, between MONROE COUNTY, FLORIDA ("COUNTY"/"LESSOR"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,Florida 33040, and SALUTE WATERSPORTS, LLC ("LESSEE"), a Florida limited liability company,whose address is 1000 Atlantic Blvd, Key West Florida 33040. WHEREAS, on October 17, 2018, the County enter into a Lease Agreement with Tropical Watersports, LLC, the predecessor in interest, 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 the Lease Assignment,Assumption and Consent ("Assignment") of the Original Agreement from Tropical Watersports, LLC, the predecessor in interest, 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 11, 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, on June 17, 2020, the BOCC 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 Beach COVID-19 closures; and WHEREAS, on November 17, 2020, the BOCC approved the Third Amendment to the Original Agreement to renew the term for the second of five (5) optional one-year periods with the term to commence retroactive to October 16, 2020, and terminate on October 15, 2021, and to adjust the CPI-U increase of 2.3%retroactive to October 16, 2020; and WHEREAS, the parties desire to renew the term for an additional one-year period and to make the annual CPI-U adjustment pursuant to the terms of the Original Agreement; 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 Fourth Amendment to Lease Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 5 of the Original Agreement, the County exercises the option to renew the term of the agreement for the third of the five (5) optional (1) one-year periods. This renewal term shall commence on the 16th day of October 2021, and ends upon October 15, 2022,unless terminated earlier under another paragraph of the Original Agreement, as amended. 1 • 2, In accordance with P0740i-k6(4);01th-20 Original Agreement,dier:Cauhipj*eioieg-. the option to amend the Agreement and the rental amount shall We adjusted in:a*rdatiO6-,animaily; with the percentage ofianie:iii,th ,t1 ,'Oetiatfinent,"rif Commerce Consumer Price itid (CP1-A".r) for all UrbahtOtisomers'Asi_VP6#04:0Y,t4c.;P,:k.,,horiti,..0'.143ppigi0i$(ics..._at:,15ecember 3,1".tif the"' previous ye4 pt-I:4%;ikriof.,:p4i*iit$;i00:ii14e,#4.-;!Vii*Hoioord.T*clotoneiinit-jinoti: ($521:22)-Dollars per month to Five iltintlked171en#7eight:aind:.52/100 O2844-ifoliarS.,pqc month,pursuant to Paragraph d(a)"Of the.uitanokwiiii-'grf.efiettiVe date of October"16;2021. , . .. .- . 3. Except as.set.fcTth in Paragraphs I: and..2 of this Fourth Amendment ,t6..Lease Agreement,in all Othei.i4Pit:ts,:the:.teS and'OinidiiitinS"Set forth in OriginalAgreement, amended,remain-in full force and . " : • " .-' - . . - 13 .S , , SS WHEREOPthe:partiesWereto ifai,e set,their hands and seals the clay and year ‘-';:-/A rstF4F. - , cri• '''. 4,-17A, \ ''"'•t4 .frq> ...„..- 0 4--- -;-- e . . _._._" . . , . ,. ... . : , . opor50F.',:CPWrY-0[4%wssIoNElts . ,,- - -M A D Q 1 4 1,CI.E14C - ttf„:140NOEItO - .....- - • . , vZif44 i '-'• . ..--- '- - As Deputy Clerk: Mayor , - ... , Date .1... .a ,._._ 0 i /i ...1,2_,;. --- r"--- ., i . aCi / 7--02-.1, . : IS 1 . , .- , • pi:-..;:. - . ..: .' ... . . ._ „... r,.. _ ,------ . . . 1.;.4s§ g :' : . - — --.:--A WitnesseS for CONTRACTOR: 1 ... 1 ' ' . .. , .46,i:.-40 ,-/.e.:. : , Signature:ilt person authorized • . Signature 'i. '. legally bind ;PTP3ratiOn t iate:, ••-•'1''' '. .' ...'-'r.i.. ,.,.... 1A1'11" .1 C --'' ' ."-4i/ / ..iknk,,,-) 4 !. - - -- - . '. Printed Name:and Date ' ' ' : _ ., Print Name and Title " 1 -3: . —7,2.: 7,-/N-leivt.5- Address:- .. - ` ' . . - .. .. . • Signature - - . - • „ .. ,/ ,..g.Vlia"'-‘, 9;1:41 .1 . ' 3Pc‘ •=:-:.22:96 $'616. Printed Name and Date . telephone'Nuniber- '2 MVIROE cOlINWATt01,qprS OfFIC; • L.J3fizcivEi "ifgVado-•. PATPX2Pi MIES 'A:sigsrmrcurgyjArroiaq6- true ?if 11/41t2 I SALUWAT-01 WAH LSTROM D ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 11/22/2021Y) 11/22/2021 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 Dean G.Wahlstrom NAME: Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext):(305)289-0214 (A/C,No): Marathon,FL 33050 ADDRIESS,Dean.Wahlstrom@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Century Surety Company 36951 INSURED INSURER B: Salute Watersports,LLC 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 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,000 CLAIMS-MADE X OCCUR CCP999592 8/2/2021 8/2/2022 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ Approved Risk Manageme it MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 500,000 �I, GEN'L AGGREGATE LIMIT APPLIES PER: ]f';, ..t,€'I •t K �.,,,td,C GENERAL AGGREGATE $ SOO,000 X POLICY PRO LOC Included OTHER: 12-1-2021 HIRED NON OWNED $ 500,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X CCP999592 8/2/2021 8/2/2022 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$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECU OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 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) Named A/I CG 2011 0413-Landlord Monroe County BOCC is additional insured with respect to General 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 From: Linda.Regan@ioausa.com To: monroecountyfl monroecountyfl@Ebix.com CC: Dean.Wahlstrom@ioausa.com,blueheaven729@gmail.com Subject: Salute Watersports - COI Date: 8/2/2021 1:39:16 PM Attachment(s): Good afternoon, Please see attached certificate as requested. Thank you. Linda Regan ( Commercial Lines Account Manager Insurance Office of America/Eagle American Insurance Tel: 305-537-2782 Fax: 305-453-1438 Linda.Regan a ioausa.com www.ioausa.com This electronic message is for the designated recipient only and may contain confidential, proprietary, or otherwise private correspondence. If you have received this message in error, please notify the sender immediately and delete the original. Any other use or distribution of this information is strictly prohibited. 2018 Union MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractoa'Vendor: Project or Service. ContractortVendor Address&Phone 9: General Scope of Work: Reason for Waiver or _ c e� eel �t _ Modification: Policies Waiver or Modification will apply to: _. .. ._. ,m . Signature of Conrractor'Vendor .... Date l Approved t Approved No Risk Management Signature. P � A Dale: County Administrator appeal: Approved: Not Approved: Dale: Board of County Commissioners appeal: Approved: LL, x Not Approved: Meeting Date: f rtdministr+tti ctnstnacr➢o 7500.7`J ` e� 104