Loading...
5th Change Order 01/21/2022 Kevin Madok, CPA .............. Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: January 29, 2022 TO: ,Mice Steryou Contract Monitor FROM: Pamela G. Hanc4-11) .c. SUBJECT: January 21" BOCC Mec6ng Attached is an electronic copy of'die following item for your handling: T3 5tb Amendment to Lease Agreement ividi Salute Watersports, I,I,C, for the Mobile Retail Merchandise or Scnlice Concession at Higgs Beach, for rent abatement due to beach closures and/or limited access (furling die Shoreline Restoration Project at Higgs Beach. The request is for a hall month of*October 2021, and die I'U11 inondi of'November 2021. The total requested abatement is $944.37 for rent and usage tax. Revenue to Monroe County. Should you liax,e any questions please feel 1'rcc to contact nic 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 FIFTI] AMENDMENT TO LEAS'E AGREEMENTFOR HIGGS BEACH CONCESSION, KEY WEST, MONROE,COUNTY1 FLORIDA 'THIS FIFT1,11 AMENDMENT TO LEASE AGREE MENTis made and entered into this 2 1 st day of January, 2022, between MO�NROE (,,'0IJN`I'Y, FLORIDA ("CO1.tNTY17"LESSOR"), a political subdivisioni of[lie State of Florida, whose addlres,s is 1100 Simonton Street, Key West, l"lorida 33040, and SALUfTE WATERSPORTS, L:LC (` "ON,r'RAC-I'(,)R"/"-[,ES,SEE"), a Florida linifted liability cornpany, whose address is 1000: Atlantic Blvd., Key West, Florida 33040. WHEREAS, on October 17, 2018, the Comity entered, into as Lease Agreement vVith 'I"ropical Waterspoils, LLC, the predecessor in interest, for the operation of a mobile concession on I the Clarence S,. Ffiggs Men-iorial Beach park, Key West, Monroe County, Florida, (hereinaller "(firiginal Agreenient"); and WHEREAS, on July l7, 201�9, the MonrOC COUnty Board of' (,,ounty (onirnissioners ("BOCC") approved the Lease Assignment, ASSUmption and Consent ("Assignment") ol" the Original Agrecaient flrorn l"ropical Watersports, 1,A,C, to Sainte Watersports', LIX, for the operation ofa mobile concession on the Clarence S. Fliggs Memorial Beach, park, Key West, Monroe County, Florida; and WHEREAS, on Decernber l 1, 20:19, the BOC,,C approved the First Amendment to the Original Agreement to renew the term for the first of live (5) optional one-year periods with the term to commence retro active to October l6, 2019, and terininate on October 15, 2020, and to attiust the CPC-U increase ofl.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 7.511N.) monthly gross taxable sales payments date by L.essee for the months of March, April, and May 2020, d1tile to 1--figgs Beach COVID-19: closures; and WHEREAS, on November 17, 2020, the BOCC approved the Third An'iendment to the Original Agreement to renew the term lor the second of live (5) optional one-year periods with the term to con,unence retroactive to: October 16, 2020, and teniiinate on October 15,, 2021, and to ad Just the ("Pl-U increase of 2.3%; and WHEREAS, on AUgLISt 18, 2021, Ilie BOCC approved the Fouilh Amendment to the Original Agreement to renew the terni ofthe Agreement I'or the third of the five (5) optional one- year periods with the term to coninience on October 16,, 202 1, and terminate on October 15, 2022, and the rental arnount Nvas ad'jUsted in accordance annually with the percentage change in the U.S. Department of'Goninierce Consurner Price Index (CPI-LJ) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 ofthe previous year of 1.41%,; and WHEREAS, the LESSF.E has requested for Monroe County/LESSOI to abate one-half (1/2) of the nionthly rental payment due by Lessee for as partial nionth cal October 20,21 arid the full month ot' November 2021, dUe to Higgs Beach shoreline restoration PM.jCCt CIOSLII-e.S, which was initiated by the (.",ounty; and WHEREAS, the parties have found the Original Agreenient, as aniended, to be fnUtuaHy beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Fifth Amendment to Lease Agreement; 611 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 Twenty Eight and 52/100 ($528.52) Dollars per month, plus applicable use tax, for retail merchandise or service concession space, with said rental payments due by the first (l') 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 Twenty Eight and 52/100 ($528.52) Dollars, plus the total of the 7.5% of the monthly gross taxable sales,whichever is greater. 2. The County agrees to abate one-half of the monthly rental payment for October 2021 and the full month of November 2021 due tote closure of Higgs each as a result of the shoreline restoration project.The October rent abatement is Two Hundred Sixty and 61/100($260.61)Dollars and the usage tax abatement is Eighteen and 24/100 ($18.24) Dollars. The November rent abatement is Five Hundred Twenty-eight and 521100($528.52) Dollars and the usage tax abatement is Thirty-seven and 00/100($37.00) Dollars.The total rent abatement is Seven Hundred Eighty-nine and 13/100($789.13) Dollars and the usage tax abatement is Fifty-five and 24/100($55.24)Dollars in the total amount of Eight Hundred Forty Four and 37/100($944-37)Dollars. 3. The October rent and usage tax was already paid by Lessee in the amount of Five Hundred Fifty-seven and 71/100 ($557.71) Dollars so the second half of the prepaid October 2021 rent shall be applied as a credit to the December 2021 rent and usage tax. 4. Except as set forth in paragraphs I through 3 of this Fifth Amendment Agreement, in all other respects,the terms and conditions set forth in the Original AgreemenL as amended, remain in full force and effect. ESS WHEREOF,the parties hereto have set their hands and seals the d4*and yea., TI BOARD OF COUNTY COMMISSIONERS i? MADOK,CLERK OF MONROE COUNTY, FLORILYA ra 0110� By.__ By: As Deputy Clerk Mayor Date: MOWME COUNTY ATTOFNEV'S 0MCE PATROKEA8M 2 ASSW TTOF#ky DIM: !Mhlm_�P"MNEY CONTRACTOR/LESSEE: IA 1,17E, 6PORTiS, A.0 p CONfi T1 Sfi-,nattm� of person authm to ._ _,�_ m.... _� r r atmrr le ally bind Corporation Date t. .. M Printed Name and Date Print Name aria Title Address:— 17c, Signature Printed Name and Date Telephone Number .,...�.. �.e....._ 3 SALUWAT-01 WAHLSTROMD ACORO CERTIFICATE OF LIABILITY INSURANCE D TE 11/22/2021Y) 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 E-MAIL Dean.Wahlstrom@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Century Surety Company 36951 INSURED INSURER B Salute Watersports,LLC INSURERC: 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 I 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 ff PERSONAL&ADV INJURY $ 500,000 GEN'LAGGREGATE LIMIT APPLIES PER: if, ,i�"�^x, P "F •q� GENERAL AGGREGATE $ SOO,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 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 CIS 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 �/ y_. .... PO Box 100085-FX (-�r .�u4 Duluth GA 30096 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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. Contmc(or.,Vendor- Project or Service: Aec,--eL ContractoriVendor Address&Phone 9- 154-et jos 7 General Scope of Work.- C-k""3 Reason for Waiver or o,— 10o -ec,.> o c Modification: Policies Waiver or Modification will apply to: Signature of Con(ractor.'VerWor: Dale: 4LL^l Approved Not Approved Risk Management Signature.... I I Dale, County Administrator appeal: Approved; Not Approved: Date: Board of County Commissioners appeal Approved: Not Approved: Meeting Dale: Administalliv Instrudio 7500.7 IJ ov 104