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Item C08 C.8 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting September 21, 2022 Agenda Item Number: C.8 Agenda Item Summary #10953 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 none AGENDA ITEM WORDING: Approval of Seventh Amendment to Lease Agreement with 1000 Atlantic Boulevard, LLC (Salute Restaurant) for a CPI-U increase of 7 %, with a new monthly rental amount of$9,975.38. commencing retroactive to August 12, 2022. ITEM BACKGROUND: 1000 Atlantic Boulevard, LLC, is the tenant at the Salute Restaurant on Higgs Beach. This Seventh Amendment to the Lease Agreement for the restaurant increases the lease monthly rental amount by the CPI-U increase of 7% and includes the applicable Use Tax of 7%. The monthly rental amount increases from $9,322.80 to $9,975.38, retroactive to August 12, 2022, and monthly thereafter. The current term of this Lease expires on August 11, 2023. PREVIOUS RELEVANT BOCC ACTION: May 21, 2008 BOCC approved Original Lease. October 15, 2008 BOCC approved the Consent and Assignment of Lease. October 20, 2010 BOCC approved a Lease Extension Agreement extending the Term for ten (10)years with a termination date of August 11, 2023. September 21, 2016 BOCC approved a First Lease Agreement Amendment with an increase to the Lessee's leasehold Premises by including in the Premises the previously excluded 115 square feet of storage area for the Higgs Beach restaurant (Salute) concession. September 19, 2018 BOCC approved a Second Lease Agreement Amendment to abate September 2017 rent due to Hurricane Irma in the amount of$8,671.81. August 21, 2019 BOCC approved a Third Lease Agreement Amendment for a CPI-U increase of 1.9% and a Use Tax credit. June 17, 2020 BOCC approved a Fourth Amendment to abate Lessee's (Salute Restaurant) rent for March, April, and May 2020 in the amount of $8,987.37 per month, for a total amount of $ 26,962.11 due to COVID-19 closure and to reflect a January 1, 2020, Use Tax reduction from 7.2%to 7%. September 16, 2020 BOCC approved a Fifth Amendment for clarification of commencement dates in the Fourth Amendment, approval of a refund of the pre-paid March 2020 rental payment abatement to the Lessee, and increases the lease amount by the Packet Pg. 160 C.8 CPI-U increase of 2.3% and including the applicable Use Tax of 7%, to a new monthly rental amount from $8,987.37 to $9,194.07, effective August 12, 2020, and monthly thereafter. September 15, 2021 BOCC approved a Sixth Amendment to increase the lease amount by the CPI- U increase of 1.4% and including the applicable Use Tax of 7%, to a new monthly rental amount from $9,194.07 to $9,322.80, effective August 12, 2021, and monthly thereafter. CONTRACT/AGREEMENT CHANGES: 7% CPI-U adjustment increasing the Lease rental fee from $9,322.80 to $9,975.38 per month retroactive to August 12, 2022. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 09-21-2022_Seventh Lease Amendment_CPI-U_Salute Restaurant_(Final legal stamped) 09-15-2021 Sixth Lease Amendment_Salute_Exec 5th Amendment 9-16-20 (fully executed) 4th Amendment 06_17_2020_Executed 3rd Amendment 08-21-2019 2nd Amendment 09/19/2018 Salute First Lease Agreement Amendment(9-21-16) SaluteLease Extension 102010 (executed) 10152008 Consent to Assignment of Lease 05212008 Lease Agreement COI GL-Auto-WC-2021-2022 Salute Exec FINANCIAL IMPACT: Effective Date: Retroactive with an effective date of 8/12/2022 Expiration Date: 8/11/23 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: CPI-U increase of$652.58 per Month Grant: N/A County Match: N/A Insurance Required: Yes—insurance provided after BOCC approval. Packet Pg. 161 C.8 Additional Details: The rental amount adjusts retroactive with an effective date to August 12, 2022, from $9,322.80 to $9,975.38,based on the 7% CPI-U increase. Revenue Increase of 7% REVIEWED BY: Patricia Eables Completed 09/06/2022 1:24 PM Kevin Wilson Completed 09/06/2022 2:40 PM John Allen Completed 09/06/2022 2:48 PM Purchasing Completed 09/06/2022 3:15 PM Budget and Finance Completed 09/06/2022 4:28 PM Brian Bradley Completed 09/06/2022 4:58 PM Lindsey Ballard Completed 09/06/2022 5:00 PM Board of County Commissioners Pending 09/21/2022 9:00 AM Packet Pg. 162 C.8.a SEVENTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS SEVENTH AMENDMENT TO LEASE AGREEMENT is made and entered E into on this 21st day of September, 2022, 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 ao ("Tenant" or"Lessee"). U 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 E 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 2 Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or "Lessee"); and i 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 U i 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 ,E 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 E 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 a� WHEREAS, the parties hereto did on June 17, 2020, enter into a Fourth Amendment to i Lease Agreement for the County to abate certain monthly rental payments for the months of N March, April, and May 2020, due to the COVID-19 Higgs Beach closures as a preventative N measure and to reflect the decrease in the monthly applicable Use Tax; and N 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, E 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 Packet Pg. 163 C.8.a 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 parties hereto did on September 15, 2021, enter into a Sixth Amendment to Lease Agreement for an annual CPI-U adjustment of 1.4% percentage increase for the calendar year ending December 31, 2020, with an effective date retro-active to August 12, U) 2021; and X 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 7% E percentage increase for the calendar year ending December 31, 2021, with an effective date U) retroactive to August 12, 2022; and a� WHEREAS,the parties have found the Lease to be mutually beneficial; and WHEREAS,both parties desire to amend the Lease, i 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: a� 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended, retro-active to August 12, 2022, to reflect the new rental amount based on the current CPI-U increase of 7%, and shall read as follows: c� i 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter collectively known as "Rent"), shall include rent, applicable use tax, and a maintenance E 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 Nine E Hundred Seventy-five and 38/100 ($9,975.38) Dollars per month, retro-active beginning on August 12, 2022, 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 > ("CPI") for all urban consumers ("CPI-U") for the calendar year immediately preceding Wi the anniversary date. c� New Rental Amount commencing on 8/12/2022, includes a 7% CPI-U increase To: Monthly Rent: $7,719.99 Monthly Maintenance Fee: $1,714.99 Monthly Applicable Use tax: $ 540.40 2 Packet Pg. 164 C.8.a TOTAL Rent: $9,975.38 **Current rate as of 01/01/2020: 7% (State and Local) subject to change and rent amount due shall be adjusted accordingly E as E 2. Except as set forth in Paragraph 1 hereinabove, all other provisions of the Lease, as amended, not inconsistent herewith, shall remain in full force and effect. i as IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. as (SEAL) BOARD OF COUNTY COMMISSIONERS co Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA, LESSOR E By. By. As Deputy/Clerk Mayor/Chairperson i WITNESSES: 1000 ATLANTIC BOULEVARD, LLC, A Florida Limited Liability Company, LESSEE as co i Signature Title: Managing Partner to i as Print Name Date Print Name Date E as E as Signature as Print Name Date > as 04 04 MONROE COUNTY ATTORNEY'S OFFICE CD 04 i ERA T �0' M PATRICIA EABLIE � as E U 3 Packet Pg. 165 C.8.b JRcougrQ. °o Kevin Madok, CPA �5,0.:c'uia�F�oyq : � �o ••• ��•�# ;0 �e�o�s " Clerk of the Circuit Court&Comptroller_Monroe County, Florida 0 DATE: October 27, 2021 TO: Alice Steryou Contract Monitor U FROM: Pamela G. Hanc*.C. SU$JF,CT: September 15'h BOCC Meeting 0 Attached is an electronic copy of the following item for your handling: C 1 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. c� Should you have any questions please feel free to contact me at(305) 292-3550. c� x i i E U) cc: Facilities Supervisor �I County Attorney CN Finance C14 LO File E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 38040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan packet Pg. 166 305-294-4641 305-289-6027 305-852-7145 305= C.8.b SIXTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT c� 0 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 U) WHEREAS, the parties hereto did on October 20, 2010, enter into a Lease Extension X 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 W another entity, Tropical Watersports; and WHEREAS, the parties hereto did on September 19, 2018, enter into a Second Lease i 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 �E a� 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 n Lease Agreement for the County to abate certain monthly rental payments for the months of V_ March, April, and May 2020, due to the COVID-19 Higgs Beach closures as a preventative N measure and to reflect the decrease in the monthly applicable Use Tax; and LO WHEREAS,the parties hereto did on September 19, 2020, enter into a Fifth Amendment 4, 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 Packet Pg. 167 C.8.b 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 0 fee for an annual 2.3% CPI-U adjustment, effective on August 12, 2020, with the new monthly 2 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 U) 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 E WHEREAS,both parties desire to amend the Lease, E 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: U) 0 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby g' 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 W 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 Wi 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 a) increase To: Monthly Rent: $7,214.95 Monthly Maintenance Fee: $1,602.80 Q Monthly Applicable Use tax: $ 505.05 ** LO TOTAL Rent: $9,322.80 **Current rate as of 01/01/2020: 7% (State and Local) subject to change and rent amount �E due shall be adjusted accordingly 2 Packet Pg. 168 C.8.b c� E 3. Except as set:,forth xii ParagtaPh I hereinahave, aU other provrstotis:of the-I ease;..-as_ U) ,emended not mconsisterit herenrdi;,:"sliall Terrain►n full'-force_ani3 hffect � S MER1 OF; he.Parttes:creto;have"set'thetr'tiands and seals the`day and z �? r first aiwv ritten. BOARD OE.COUNIY CONt';USSIONERS`. MADok CLERK OF MON1tOE CO.i. ', , �1 LESSOR- By = By: As.Depary Clcrk' MayorJChuitpessnn E cs WI IIVESSES: 1000 ATLANTIC'BOULE1rf1RD A 'mttad Liability Company; e) LESSEI< Signature j )) Title Managing Partner Pfirit Nairi Y Date_ Print Naine � .- ty x Signati►ii Print Name " Date ;M,4t�iEC818tiYwlTOfIN�Y50FFiCE. ASS ri MSrCIIIIliti7l:ATi# 7 g) 17) 1� NI $ w= cN uLO _ C E U Packet Pg. 169 -'� 1000ATL-01 J C.8.b 144co/Z0" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �•� 10/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 > BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEC j REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. O 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 of 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"D'RIESS:Linda.Regan@ioausa.com -� INSURERS AFFORDING COVERAGE NAIC# INSURERA:Tokio Marine Specialty Insurance Company 23850 INSURED INSURERB:FHM Insurance Company 10699 U 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER 7 o 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 $ 1,000,1 CLAIMS-MADE X OCCUR RES10335-02 10/16/2021 10/16/2022 DAMAGE TO RENTED 100,1 X PREMISES Ea occurrence $ MED EXP An one person) $ 511 Ap roved Risk Management 1,000 l PERSONAL&ADV INJURY $ ' GEN'L AGGREGATE LIMIT APPLIES PER: #�((' ` GENERAL AGGREGATE $ 2,000,1 X POLICY❑ PRO ❑ LOC 1` 1,000,1 JECT PRODUCTS-COMP/OPAGG $ OTHER: 10-20-2021 LIQUOR LIABILIT $ 1,000,1 COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY Ea accident $ 1,000,1 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 $ $ X 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 100,1 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A � (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,1 If yes,describe under 500,1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E U) 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 X I C14 C14 LO CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. E Monroe County BOCC AUTHORIZED REPRESENTATIVE Insurance Compliance PO Box 100085-FX Duluth GA 30096 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 170 ounsrs C.H.c Kevin Madok, cPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida C DATE: September 17, 2020 C TD: Alice Steryou Contract Monitor FROM: Pamela G. Hatic C, SUBJECT: September 16' BOCC Meeting U Attached is an electronic copy of each of die following items for your handling: C25 5th Amendment to Lease Agreement with 1000 Atlantic Boulevard,LLC 0 (Salute Restaurant) to clarify dates in the Fourth Amendment,refund the March 2020 partial rent abatement of$8,987.37, and a CPI-U increase of 2.3% commencing on August 12,2020. E Should you have any questions please feel free to contact.me at.(305) 292-3.5.50. E c� U) c� 5 CN W E ct: Facilities Supervisor County Attorney E Finance LO File E c� 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 Plan g. 171 305-294-4641 305-289-6027 305-852-7145 305 Packet P C.8.c FIFTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT U) THIS FIFTH AMENDMENT TO LEASE AGREEMENT is made and entered into on this 16th day of September, 2020, by and between Monroe County, a political subdivision of o the State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040 ("County" or "Lessor") and 1000 Atlantic Boulevard, LLC, whose mailing address is 729 Thomas Street, Key West,Florida 33040("Tenant" or"Lessee"). 0 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 U 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 0 Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard LLC ("Tenant" or"Lessee"); and E 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 U) 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 CPl-U adjustment of 1.9% and a Use Tax Credit; and 21 75 WHEREAS, the parties hereto did on June 17, 2020, enter into a Fourth Amendment to N Lease Agreement for the County to abate certain monthly rental payments for the months of iviarcn, 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, for clarification purposes, the monthly applicable Use Tax, which is comprised of State and County Use Tax, was adjusted on January 1, 2020, from 7.2% to 7%, E which is subject to change periodically, but the Fourth Amendment in Section 2, Paragraph 4, inadvertently stated that the new rental amount, with the reduced use tax rate, was effective as of March I, 2020, rather than the correct date of January 1, 2020; and E c� I Packet Pg. 172 C.8.c WHEREAS, in Section 3 of the Fourth Amendment, it also inadvertently stated in the first sentence of that paragraph the incorrect date of March 1, 2020, rather than the correct date of January 1, 2020 ; and WHEREAS, the March 2020 rental payment had previously been paid by Lessee so the partial rent abatement amount of$8,987.37, shall be refunded to the Lessee: and c� 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 E U) WHEREAS, the parties hereto have agreed to the annual CPI-U adjustment of 2.3% percentage increase for the calendar year ending December 31, 2019, with an effective date of August 12,2020; and U 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: E 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 closing of the public restrooms. On U) January 1, 2020, the monthly applicable Use Tax was adjusted from 7.2% to 7%, which includes State and Local tax, from $500.791month to $486.881month. The current monthly rental amount is set forth below in addition to the new monthly rental amount with the reduced Use Tax of 7% effective as of January 1, 2020, 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: 500.7975 ** TOTAL Rent: $9,001.28 ** Current rate as of 01/01/2019: 7.2% State and Local subject to change and rent amount due shall be adjusted accordingly , To: Monthly Rent: $6,955.36 Monthly Maintenance Fee: $1,545.13 Monthly Applicable Use tax: $ 486.88 ** TOTAL Rent: $8,987.37 ** Current rate as of 0110112020: 7% State and Local subject to change and rent amount due shall be adjusted accordingly 2 Packet Pg. 173 C.8.c U) Section 2. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended to read as follows: 0 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 January 1, 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. U A Section 3. As of January 1, 2020, the total monthly Rent was Eight Thousand Nine Hundred Eighty-seven and 371100 ($8,987.37) Dollars. The County, therefore, agrees to abate 0 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 111100 ($26,962.11) Dollars. Of this total abatement amount, the monthly rental amount of Eight Thousand Nine Hundred Eighty-seven and 371100 E ($8,987.37) Dollars already paid by Lessee for the month of March 2020, shall be refunded to Lessee. Section 4. The monthly Rent and Maintenance Fee will be adjusted annually pursuant to the percentage increase in the Consumer Price Index for the calendar year U) immediately preceding the anniversary date. The annual CPI-U adjustment rate is a 2.3% percentage increase for the calendar year ending December 31, 2019, with an effective date of August 12,2020, for Lessee's new rental amount as shown below: New Rental Amount Commencing on 08/12/2020 includes a 2 3% CPI-U increase To: (, Monthly Rent: $7,115.33 Monthly Maintenance Fee: $1,580.67 Monthly Applicable Use tax: $ 498.07 ** X 0 TOTAL Rent: $9,194.07 21 75 **Current rate as of 0110112020: 7% State and Local subject to change and rent amount N due shall be adjusted accordingly T e Section 5. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, including the changes herein, is hereby further amended as of August 12, 2020,to reflect the new e rental amount based on the CPI-U increase, and shall hereafter read as follows: E 4. Rent Maintenance Fee Tax. The total monthly rental payment (hereinafter LO 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 $9,194.07 per month, beginning on August 12, 2020, and thereafter payable in advance on or before the first 3 Packet Pg. 174 C.8.c business day of each and every month. The monthly Rent and Maintenance Fee will be U) adjusted annually beginning with the first anniversary of the commencement of the lease term, and at every anniversary thereafter, by a percentage equal to the increase in the Consumer Price Index for all urban consumers ("CPI-U") for the calendar year immediately preceding the anniversary date. Section 6. Except as set forth in Sections 1, 2, 3, 4 and 5 herein above, all other provisions of the Lease, as amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and t above written. BOARD OF COUNTY COMMISSIONERS' .VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA_. U LESSOR As Deputy/Clerk By.Lma r1C i ersan Heather Carruthers L Atlantic Boulevard, LLL', A Florida Lim' ed Li ompany Signature , - Cl) 71 g' f itle: Managing P er CD .. Print Name �ate M ['] ram- C igna Ire n ;:u 75 171,11a PrinLAarne Date CN MONME COUNTY ATTORMY'S OFFICE s PATROA CABLES ASS1$rATi�pHHEY E GATE: � E LO a� E U 4 Packet Pg. 175 C.8.d '• Kevin Madok, CPA Clerk of the Circuit Court&Comptroller_Manse County, Florida Ci U) 0 DATE: August 6, 2020 c� TO: Alice Steryou Contract Monitor ' FROM: Pamela G, Hanco• C. E E SUBJECT: June 17'13OCC Meeting Attaclied is an electronic copy of tlje following item for your liandling: U A Q4 4di Amendment to Lease Agreement widi 1000 Atlantic Boulevard, 1,LC (Salute Restaurant) to abate the rent for Marcli,April and May 2020 clue to closures resulting from 0 COVID-19 preventive treasures in the total arnount of$26,962.11; and to adjust the monthly rental amount due to a decrease in die use tax. E a 0 Should you leave any questions please feel free to contact me at (30.5) 292-3.5.50. E U) c� x i cN cN i cc: Facilities Supervisor County Attorney E Finance File E KEY WEST MARATHON PLANTATION KEY PKIROTH 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 Pla 305-294-4641 305-289-6027 305-852-7145 3051 Packet Pg. 176 C.8.d ci FOURTH AMENDMENT TO LE►5E&GREEMENT HIGGS BEACH CONCESSIONIRESTAURANT THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into e 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 Vilest, 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 U 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 0 WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to E Assignment of Lease,whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant"or"Lessee");and E 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 X 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 811100 ($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 i CN WHEREAS, the parties hereto did on August 21, 2019, enter into a Third Lease CNi Agreement Amendment for an annual CPI-U adjustment of 1.9%and a Use Tax Credit;and i 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 Jan E pP J nary 1, 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 c� Packet Pg. 177 C.8.d WHEREAS,both parties desire to amend the Lease, U) 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: e Section 1. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, Lessee paid Nine Thousand One and 281100 ($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 closing of the public restrooms. On January 1, 2020, the monthly applicable Use Tax was adjusted from 7.2% to 7%, from $500.79/month to $486.881month. 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- U Monthly Rent: $6,955.36 Monthly Maintenance Fee: $1,545.13 Monthly Applicable Use tax: $ 50039 0 Current rate as of 01/01/2019: 7.2%subject to change E TOTAL Rent: $9,001.28 E To: Monthly Rent: $6,955.36 _Monthly Maintenance Fee: $1,545.13 Monthly Applicable Use tax; S 486.88 Current rate as of 01/01/2020: 7%subject 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. Rents Maintenance Fee, Tax. The total monthly rental payment [hereinafter collectively known as "Rent'j, 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, i beginning on March 1, 2020, and thereafter payable in advance on or before the first N business day of each and every month. The monthly Rent and Maintenance Fee will be C14i 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 (`SCPI-U") for the calendar year immediately preceding the anniversary date. E Section 3. As of March 1, 2020, the total monthly Rent would be Eight Thousand Nine Hundred Eighty-seven and 371100 ($8,987.37) Dollars. The County, therefore, agrees to E abate the total monthly rental payments for March, April, and May 2020, due to the closure of Higgs Beach, as a result of COVID-19 prevcntative measures, for a total abatement amount of Twenty-six Thousand Nine Hundred Sixty-two and 111100($ 26,962.l 1) Dollars. E c� 2 Packet Pg. 178 C.8.d C V- 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. 0 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and rst above written. c� 0 BOARD OF COUNTY COMMISSIONERS VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA, LESSOR By: s By: -5 Deputy/Clerk Mayor/Chai*Mo&Xeathcr Carruthers 0 WITNESSES: LEqLio ntic ul ard, LLC, Aia ' ' Co ny E 1/ By Signature Title: anaging Panne 6flaav-14 - Print Name Date Cn ra Signature L CD Print Name Date C X MONROE COUNTY A URHEy M UFFICE CN 9WWAScN PATRICIA EA9l.ES ASSISTANT 00 AT7ipRNEy DATE: E E E c� 3 Packet Pg. 179 C.8.d �r1 1000ATL-01 A �Ro CERTIFICATE OF LIABILITY INSURANCE °"'�`7rz812020r2o�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: If the certificate holder Is an ADDITIONAL INSURED,the policy(iss)must have ADDITIONAL INSURED provisions or be endorsed. ff SUBROGATION 15 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 endorseme a. PRODUCER ACT Linda Regan Insurance Office of America FAX 0 13361 Overseas Highway AN:No Fars: UM,No; Marathon,FL 33050 Lind i.Regan@ioausa.com INSURE S AFFCIR0111G COVERAGE IYAIC/ INSURER A:Tokio Marine S ecia Insurance Corn an 23$50 R+SURED INSURER B:FHM Insurance Company 10ggg U) 1 D00 Atlantic Blvd LLC dba Salute Restaurant INSURER C 729 Thomas Street INSURER D Key West,FL 33040 INSURER E a INSURER F; OERAG9§ CERTIFICATENUMBER; RE N U 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. 0 IMSRLM TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,00 CLAIMS-A.WDE 0 OCCUR X RES10335-00 10/1612019 1011612D20 DAMAGE TO RENTED 100,00 MED EXP on PERSONAL& V INJURY 1� �� EP�'L AGGRE TE LIMIT APPLIES PER: GENERALAG RELATE 2�000,00 POLICY 'PER LI uarLiai]hif LDc PRODUCTS-COMPIOPAGG 1,D00,00 OTHER: ty LIQUOR UABILIT 1,000,00 ►'� AUTOMOBILE LIABRJTY COMBINED SINGLE LIMIT E 0N,00 M -- 0 ANY AUTO ]( ES10335-DO 1WIG12DIS 1011M020 BODILY INJURYLRwperwn) _... OWNED SCHEDULED — I AUTOS ONLY AUTOS 30DIL RTYURY fF*AMAOE_ d&k)XAO ONLY X ryO n S.. ..... - Per exMent UMBRELLA LIAR OCCUR EACH OCCURRENCE 0 EXCESS LIAR CLAIMS-MADE + AGGREGATE DED RETENTION f (O WO KERSEMPL COMPEP YEWLIA ft TION X PER TI-F ANY PROPRIETgOER�IPARTNER/EXECUTIVE Y r N 30600058172020A 111/2020 1/1/2021 IA _7 FIR 100,001 Q�FIC� EMBER EXCLUDED? C N 1 A E.L.EACH ACCIDENT 0 ll�w In NNl 100, D ESCRIPTION RATIONS E.L.DISEASE-EA EMPLOY OOI }ws daecribe undw 500,OOi D OF OPE below E.L.DISEASE-POLICY LIMIT LU C®I C14 DESCRIPTION OF OPERATHM I LOCATIONS I VEHICLES(ACORD 101.Addidonal Ranwft Schedule, be attachW It more apace is required] Monroe County BOCC Is additional Insured with respect to general liability and autoliability 6C,}( ey /2020 DATE— ma'IVCERTIFICATE HOLDER NCEL ON w&� Y , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELrvERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 0 Monroe County BOCC AUTHORIZED REPRESENTATIVE Insurance Compliance O PO Box 100085-Fx .�'I1Lft.c �rlAdr�{ ACORO 25(2016103) 01988.2015 ACORD CORPORATION. All rights reserved. The ACORb name and logo are registered marks of ACORD Packet Pg. 180 G GV�S COUR BOOy C.8.e Kevin Madok, CPA ' ��b �' Clerk of the Circuit Court& Comptroller— Monroe Count Florida o otiR .... s. p Y, E cOVN CN CN c U) pyqqpq W® DATE: September 25, 2019 0 TO: Alice Stervou 2 Contract Monitor 0 FROM: Pamela G. Hancock, D.C. 2 SUBJECT: August 21" BOCC Meeting E U) Attached is an electronic copy of the following item for your handling: C38 3rd Lease Agreement Amendment for 1000 Atlantic Boulevard, LLC (Salute U Restaurant) for a 1.9% CPI-U adjustment of the monthly rent and a Use Tax Credit. Should you have any questions,please feel free to contact me at (305) 292-3550. ,0 E c� V- N N 00 cc: Facilities Supervisor a� Countv Attornev E Finance File E c� 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 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 181 C.8.e C14 N THIRD LEASE AGREEMENT AMENDMENT N HIGGS BEACH CONCESSION/RESTAURANT U) THIS THIRD LEASE AGREEMENT AMENDMENT is rnade and entered into on this 21st day of August, 2019, by and between Monroe County, a political subdivision of the 0 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 c- rights,title and interest in the Lease,to 1000 Atlantic Boulevard, LLC,pursuant to an Agreement for Purchase and Sate of Assets dated September 28,2008 ("Assignment");and WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to 0 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 21, 2016, enter into a First Lease Agreement Amendment which increased the Lessee's leasehold Premises by including in the in Premises a previously excluded l 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 Inma damage. This total rent abatement amount was applied as a credit towards the future monthly rental payment due by Lessee; and e' N WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly N maintenance fee will be adjusted annually by a percentage equal to the increase in the Consumer 00 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 make the annual CPI-U adjustment of 1.9% percentage for the calendar year ending December 31, 2018, and to clarify that the applicable use tax rate may change in the future;and WHEREAS,the parties have found the Lease to be mutually beneficial;and WHEREAS,both parties desire to amend the Lease, Packet Pg. 182 C.8.e 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: ci U) Section 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended to read as follows: 0 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 $9,001.28 per month, beginning on August 12, 2019, 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 U) 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. U 4= Monthly Rent: $6,955.36 0 -rr Monthly Maintenance Fee: $1,545.13 coo rn Monthly Applicable Use Tax: $ 500.79* a -n TOTAL Rent: $9,001.28 (*Current use tax rate as of01/01/2019: 7.2%subject to change) Section 2. Pursuant to Paragraph 4, Rent. Maintenance Fee Tax the total montmf i rental payment, known as "Rent" shall include the applicable use tax in the percentage amount set forth herein. Any overpayments may be applied as a credit towards the future monthly rental payment due by Lessee. The applicable use tax rate may change periodically, and if so,the Rent amount due shall be adjusted accordingly. Section 3. In all other respects the terns and conditions of the Lease, as amended, shall remain in full force and effect. V- IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and Q first above written. ° It- CN 00 BOARD OF COUNTY COMMISSIONERS 7), 1N MADOK, CLERK OF MONROE COUNTY, FLORIDA YO�• -24L•- 47i T 'Ay~ouHY+ By: By; Deputy/Clerk Mayor/Chairperson MONROE COUNTY ATTORNE`d'S OFFICE !� AI!PROVED �li A g0�____ 11 i r j 2 PATRICIA EABLES ASBf5fiANr OUj�fTYt'tJRNEY DATE, fL��.. Packet Pg. 183 CN Q CN WITNESSES: 1000 ATLANTIC BOULEVARD, L C cq AR Fril ility Co an C—J. Signature Title: Managing Partner 0 --`Print L Date r) E U) Sign tune Print me Date I U 0 E E U) �E CN CN co E E cn E 3 Packet Pg. 184 C.8.e --1. 1QOMTL-01 CA. CN CN CN ACORO' DaTEtrBTIBOIrY;rn CERTIFICATE OF LIABILITY INSURANCE19 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 CONSTRUTE A CONTRACT BETWEEN THE ISSUING WSURER(S),AUTHORED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER O9 IMPORTANT: If the certificate twi&r Is an ADDITIONAL INSURED,the policy(Tes)must have ADDITIONAL INSURED lirovlskuns or be endorsed. If SUBROGATION IS WAIVED, aubjeet to fire temps and conditions of the policy,oertaul Polick s may require an endoraemenL A statamud on 0 this while to does not confer -his to ttwo chWeNtee0a'holder In lieu of such.endandme s PRODUCER LT RIgk Alim y tnsivance Office ufAmwi0rww_ca.lnc "vHoxE Fa13361.Overseas It Marathom FL33M - ralken - _ urance com 0 1NSUVGWMAFF8R0MCaWERAGE :teATCo f - - iN MMA:Toldo Madite Specift-Imaumce Cramnany 23M -INSlR Efts: _ - .- 1000 Atlantic Blvd LLC -INSURERC T29 Thomas Street IMSURERD. Key west,FL 33040 i 0911RSi E INSURER F: CO COVERAGES CERTIFtGATE UN19ER: RE1II510N. , 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 RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN ISSUWECTTO ALL THETERMS, U EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS...... � LTR WKCIZISURANCE POLICYNUIBER Pm=VEFF POLWEXP ,LlIO1S _ (0 A X COMMER 4LGOIEPA LUIBRM CHOCCUtaRl3{CE i 1.000,000 CLAIMS-MADE X OCCUR DAMAGETORENTED 100.000 0 ❑ x RES1ao87-00 10/16/2818 10116=19 - i _ _ MED ENP ore i 5,000 1 lip PW3aS0NAL a AOV IMAM. . 17cp A�iIEGATEUWTAPRUESFbt'' GBdERALAGGREGATE : 2AW,000POLICY❑ O I.O(: PRDlwcss-CO11tD10PAGG S 1.000,000 OTRot UgourLiaMl-dy s 1.000,OD0 A 'AUTOMOBILELIAIM Y - - - - COMBINEDSING1ELUPT ANrauro 1008T-00 IOIIGF2018 =1612019 BODILY KILRYfREWPOMM) S OVOID SCHEDULED AUpTUSONLY AA�UUpT��O.ppSyyyyN�E�pp IL LM S - x AUTOS ONLY x' AMM%NLY f. UMBRELLALWB OCCUR _ .r EACH OCCURRENCE S - I7lcessuAW3 _ cLalls*WaDE At6Y AGGREGATE i �r _ D®- RETENTIONS - VK HL6 [ - O — iwr PROPRIEV IJPAA rRiExE MVE Ya N,A UAT E _ - ELEACHACCIDENT S fl WAIVW YES. I=L DISEASE-EAEraPL i itY'0� uUrdu OESCRIP1I0N0FOP91AMONSbebw. _ -- I E,I-D-LSEASE-POLICYLART f C.TJ C f . (ACORD101.Ad�ImrlRaatdd.SCrcrt�agnalbeattegledCmomapaeclsta�reQ1 - - - Dl�IP710ROFOPF3iI17WliSf LOCAIiOIfsIYE}¢CLFS - - _ - ' The eertuicaft holder is a named additional TRButed on fire Soneral RebUty:Pollcy: c 4 The General Llabift Policy has Hired 8 NwANmed-Auto Fbrm#PIC-GLNA08(10H3)hqS f1,000.0W Each OccMence L IM and i1,000.000 Aggregate UrF t00 { � 4 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,BEFORE THE EXPIRATION DATE THEREOF, NOTICE VAL BE DEUVERED IN cn ACCORDANCE WITH ITH THE POLICY PROVISIONS. 'AwUORMED WRESENTATIUE E Mornoo'Courtty Beard of County Commissioners i a Simonton Street /n / �� ACORD 25(2016103) ©INS 20�16 ACORD CORPORATION. All fights reserved. The ACORD name and logo are registered marls of ACORD Packet Pg. 185 GJ�t couR"° 61.8.1 o: Kevin Madok, CPA .. �..� Clerk of the Circuit Court& Comptroller— Monroe County, Florida ozco U) DATE: October 26, 2018 0 TO: Alice Stervou Contract Monitor 0 FROM: Pamela G. Hancock, D.C. 2 SUBJECT: September 19' BOCC Meeting U) Attached is an electronic copy of Item C11, Second Amendment to Agreement to abate the rent for September 2017 for 1000 Atlantic Boulevard, LLC (Salute Restaurant) due to the CL closure of Higgs Beach from Hurricane Irma in amount of$8,671.81, for your handling. U A Should you have any questions,please feel free to contact me at ext. 3550. Thank you. 0 4- E c� cc: Facilities Supemsor County Attorney V- Finance N File T' E E N E c� 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 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 186 SECOND LEASE AGREEMENT AMENDMENT HIGGS BEACH CONCESSION/RESTAURANT CN CN ci THIS SECOND LEASE AGREEMENT AMENDMENT is made and entered into on U) this 19th day of September, 2018, 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"). 0 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 0 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 E ("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 Lessee has requested and the County has agreed to abate Lessee's monthly rental payment for September 2017 due to Hurricane Irma closures; and 00 WHEREAS,the parties have found the Lease to be mutually beneficial; and N 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 E is hereby acknowledged, the parties agree as follows: E Section 1. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, Lessee N paid Eight Thousand Six Hundred Seventy-one and 81/100 ($8,671.81) Dollars per month, effective as of August 12, 2017, for rent, applicable tax, and a maintenance fee, which included the cost of the Lessor providing janitorial services and the opening and closing of the public restrooms. The County agrees 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 1 Packet Pg. 187 the closure of Higgs Beach as a result of Hurricane Irma damage. This total rental abatement amount set forth herein may be applied as a credit towards the future monthly rental payment due CN by Lessee. Q cN Ci Section 2. In all other respects the terms and conditions of the Lease, as amended, shall remain in full force and effect. —7NESS WHEREOF, the parties hereto have set their hands and seals the,day and year�first abav ritten. a, )rAL) -�� ia BOARD OF COUNTY COMMISSIONERS IGEOVVIADOK, CLERK OF MONROE COUNTY, FLORIDA a By: By: Deputy/Clerk Mayor/Chairperson CL A 0 WITNESSES: 100 C BOULE ARD, LLC '�q Co- /tea/ By. Lj., E Signature Title: Managing Partner "Ica, Ile Print Name Date T Signature MONROE COUNTY ATTORNEY'S OFFICE Print Name Date APPROVED AST F R �� 00 PA RICIA EABUES ®-(4'1 cN ASSISTANT COUNTY&7TORNEY , t)ATE: ..::. E o v _CC -Z— w E it c CM4— UJCD LU p 4:-. w Q- N 2 Packet Pg. 188 1000ATL-01 CAPWELLC CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY) 10/16/2018 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- IZ AFFORDED BY POLICIES cCD al BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. c14 IMPORTANT: If the certificate.holderIs an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. U) 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 endorsements. PRODUCER 1 CE?cT Linda Regan Keys Insurance Services a Division of IOA PHONE FAX O P.O.BOX 600280 (A/C,No,Eat): (AIC,No): ' Marathon FL 33050 F:- Al Linda.Re an/�roausa.com �AoQIiEss: g @i ----- I INSURER(S)AFFORDING COVERAGE NAIC# i INSURER A:Tokio Marine Specialty Insurance Company 23850 0 INSURED INSURER B: _ 1000 Atlantic Blvd LLC INSURER C: 729 Thomas Street I INSURER D: Key West,FL 33040 -- E INSURER E: INSURER F: =-w 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, (CL L EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I -LTRTYPE OF INSURANCE ADDL UBR POLICY.NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL UABILITY I I EACH OCCURRENCE $ 1,000,001 CLAIMS-MADE F;;T1 OCCUR �( I RES10087-00 10/16/2018 10/16/2019 DAMAGE TO RENTED 100,001 49!E(�assPunenga $ _ ! MED EXP(Arn one parspnl 5,001 __— PERSONAL&ADV INJURY $ 1,000,001 GEN'L AGGREGATE LIMIT APPLIES_PER: GENERAL AGGREGATE $ 2,000,001 X POLICY j�T LOC PRODUCTS-COMP/OPAGG $ 1,000,001 OTHER: LlgourLiability $ 1,00mici( AUTOMOBILE LIABILITY T COMBINED SINGLE LIMIT (Es3��EJ�ent.ANY $ OWNED O SCHEDULED �p` EC) I�K BODILY INJURY Per arson $. AUTOS ONLY AUUTNO.S�//� p f BODILY INJURY(Per accident)I$ AUTOS ONLY AUTO ONLY �Y D P�tOa�R�YergE DATE j UMBRELLA LIAB I I OCCUR WAIV EACH OCCURRENCE I$ 0 EXCESS LIAB CLAIMS-MADE AGGREGATE $ ° DED RETENTION$ `$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABWTY YIN T E __ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT I —_ WaFn' ER'MEMgER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE$ t(yS,describe under ., We OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 00 CD DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace Is required) The certificate holder Is a named additional Insured on the general Ilablity,policy. CD E E - CERTIFICATE HOLDER CANCELLATION c1l 4i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF;- NOTICE WILL BE DELIVERED IN E ACCORDANCE WITH THE POLICY PROVISIONS. U AUTHORIZED REPRESENTATIVE Monroe County Board of County Commissioners 1100 Simonton Street rn ACORD.25(2016103) O 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 189 C.8.g AMY REAVILIN, CPA 0 CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA U) U DATE: October 28, 2016 TO: Doug Sposito, Director Project Management ATTN: Alice Steryou E FROM.• Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller c� At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item S 1 Approval to increase the Lessee's leasehold Premises by including in the Premises the previously excluded 115 square feet of storage area for the Higgs Beach restaurant (Salute) concession. N E Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. E E cc: County Attorney Finance File ✓ E 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax 305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 190 C.8.g FIRST LEASE AGREEMENT AMENDMENT HIGGS BEACH CONCESSION/RESTAURANT THIS FIRST LEASE AGREEMENT AMENDMENT is made and entered into on this day of September, 2016 by and between Monroe County, a political subdivision of the State of Florida, U) whose mailing address is 1100 Simonton Street, Key West, FL 33040 ("County" or "Lessor") and 1000 Atlantic Boulevard, LLC, 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, a copy of which is attached hereto and made a part hereof("Lease"); and ,0 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 E 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 W extending the Term for ten(10)years with a termination date of August 11,2023 ("Extension"); and zsr WHEREAS, Lessee has requested the use of an additional 115 square feet of storage area previously leased to Tropical Watersports; and WHEREAS, the parties now desire to increase the Lessee's leasehold Premises by including in the Premises the previously excluded 115 square feet of storage area, which is indicated with "hash marks" on the Revised Exhibit "A" dated June 11, 1998, a copy of which is attached hereto and made a part hereof and said storage area will now be included in the Premises as indicated on the HIGGS BEACH CONCESSION REVISED AUGUST 24th 2016, Exhibit `B",a copy of which is attached hereto and made a part hereof, and E WHEREAS,the parties have found the Lease to be mutually beneficial; and WHEREAS,both parties desire to amend the Lease, E NOW THEREFORE,in consideration of the mutual promises, covenants and agreements stated E herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Paragraph 2, Premises, of the Lease is amended to read as follows: 2. Premises. County does hereby lease to Tenant, and Tenant does hereby lease from County a portion of Clarence S. Higgs Memorial Beach, 1000 Atlantic Blvd., Key West, Monroe County, Florida, in it's as is condition. Square footage allocations shall be limited to the interior and enclosed patio area referenced in Exhibit `B" dated, August 24th 2016, a copy of which is attached hereto and incorporated herein. Section 2. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease is amended to read as follows: E c� I Packet Pg. 191 C.8.g 4. Rent,Maintenance Fee,Tax. The total monthly rental payment (hereinafter collectively 0 known as "Rent"), shall include rent, applicable 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 cu cu Rent for the Premises is $8,493.45 per month, beginning on October 1, 2016 and thereafter payable in advance on or before the first business day of each and every month. The monthly rent and monthly 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 ("CPI") for all urban consumers ("CPI-U") for the calendar year immediately preceding the anniversary date. Monthly Rent: $6,547.78 Monthly Maintenance Fee: $1,454.59 U Monthly Applicable tax: 491.08 TOTAL Rent: $8,493.45 0 Section 3. In all other respects the terms and conditions of the Lease, as amended, shall remain in full force and effect. E IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS 1 st: Y HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA 0 ff� B S/ 29 epu /Clerk �O L /� Mayor/Chairperson, s Gore ESSES: 76 1000 At nt Boulevard, Signature Title: Managing Partner GAL t?l4 , -� w. �a fJ, CN Print Name J pp Signature 3 0 _� (ct w,e IQ CS Ha �j G!L az t— E O fT1 Print Name C--) C N O C co CD This docum was pr ared and approved as to form by: z ! C- ,1 C. Rend Rogers, E . Date �- � Assistant County Attorney Florida Bar No.: 0101178 LL P.O. Box 1026 Key West, FL 33041-1026 (305)292-3470 E c� 2 Packet Pg. 192 C.8.g All b- r� (92 0 U) W-5.c SQ FT. CL 940.1 sq.FT. �i /; 37S.y I;: SQ FT v aAT .-L poa..✓ dao V TWrx 50�-10' 4-10' t� �9 E[ 1�i(ctAE+-. ARr Ft 8�0.' 8 JN s s(R.Fr. 1?fi 17? ti atf, ¢.,.Lxx e- 5Q.FT SQ.FT. li`i•G So.�Y. 18Y.6 sotT. 0 0 0 0 To(+� �15icA61 SGvAkR¢ I;ecT + o p l-It(�GS B�Acti � 3,q aQ �AclliT� Cab¢�ACt.s .ter 1.••ct..�utD' •yKT, y'�TY. I I*I?" �( , `i-n-95 SLAM a 1-0 aeT ro scAlr ,-a,w kcNq-l) v (SE U) _.� EXHIBIT Packet Pg. 193 C.8.g HIGGS BEACH CONCESSION REVISED AUGUST 24TH 2O16 ' MONROE COUNTY PROJECT • OUTSIDE DINING _ MANAGEMENT 192 SF �'?�� '°•}-'mot:: •�� i�„:j.•�'s °"-° EL "DINING AREA 387.2 SF�:;: ':.• •.. j.,"�fir' ••,•• • ... • •, • } � � 0 E DINING AREA 763 SF c� TAKEOUT 2m DINING DINING AREA 940 SF _ ' 375.4 SF �A�ti• I• fr* .Yjy..�. M �•�,•,' ;••�, y,L •.� .,,;::.rid.',• N ,ram• ,�p••••�•"t � 38'-10" '-10" ti KITCHEN AREA 540.8 SF is STORAGE MEN WOMANS 5' 115 SF O° 177 SF 177 SF cCOOLER OFFICE 114.6 SF o �184.6 SF ,��!�:•!."!'�t.. .-.,ram`•:�•...�. ADDITIONAL 115 SF zi TOTAL USABLE SF PREVIOUS: 3,928.3 TOTAL USABLE TO INCLUDE 115 SF OF ADDITIONAL STORAGE:4,043.3 SF c� EXHIBIT" ' b I Packet P . 1974 g C.8.h BOARD OF COUNTY COMM1SSIONERs O CGeMayor Sy 1via J.Murphy,District 5 i Mayor Pro l ern Heather Carruthers,District 3 UNTY MONROE � �.•rr' Kim Wigingts�n.District I KEY WEsr FLOR�aA 33W orgc Nrugcnt.District t305y 294.4641 Mario Di Gennaro. District 4 0 Public Works Division 0 Facilities Maintenance Department 1100 Simonton Street, #3-284 Key West, FL 33040 Phone: (305)292-4549 Fax: (305)295-4349 - U A November 1.5, 2010 0 Mr, Richard Hatch,Manager/Member 1000 Atlantic Boulevard,_ LLC E 729 Thomas Street Key West, FL 33040 c� RE. Lease Extension Agreement Higgs Beach Concession/Restaurant- Salute 3 Dear Richard: On October 3, 2010, the Monroe County Board of County Commissioners approved a Lease Extension Agreement for Salute at Higgs Beach Enclosed for your use is a fully executed Agreement. If you have any questions, please do not hesitate to contact me. Sincerely, c� r N .lohn W. King Senior Director. Lower Keys Operations cc: Dent Pierce, Division Director, Public Works Beth Leto, Assistant Director, Public Works E c� Packet Pg. 195 C.8.h LEASE EXTENSION AGREEMENT HIGGS BEACH CONCESSIONIRESTAURANT 0 THIS LEASE EXTENSION AGREEMENT is made by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, 0 FL 33040, hereafter"County" or"Lessor", and 1000 Atlantic Boulevard, LLC, whose address is 729 Thomas Street, Key West, Fl., 330040 hereafter, "Tenant" or "Lessee" this 20th day of October, 2010. U WHEREAS, on the 21 st day of May 2008, the County and the predecessor in interest entered into a Lease agreement (hereafter original lease) for one (5) year term, copy of which is attached hereto and made a part hereof;and WHEREAS, the predecessor in interest, Key West Hospitality, LLC assigned all of its rights,title and interest in the Original Agreement to the Lessee, 1000 Atlantic Boulevard, LLC pursuant to a contract for sale/purchase of the restaurant, copy of which is attached hereto and made a part hereof; and WHEREAS, by the terms of the original lease the Lessee is entitled to an extension of the lease upon completion of ADA modifications and other capital improvements; and WHEREAS, the Lessee has completed all of the ADA modifications required in the original lease; and WHEREAS, the Lessee has also effected the additional capital improvements separate and apart from the ADA modifications that entitle the Lessee to an extension; and WHEREAS, Lessee submitted to County staff and County staff reviewed, verified and `6 inspected all of the additional capital improvements; c� X NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parries agree as follows: I. The term of the original lease is hereby extended 10 years and terminates on August 11, 2023. X 2. In all other respects the terms and conditions of the original lease remain in full force and effect. 3. This lease extension will take effect on October 20, 2010. c� t Packet Pg. 196 C.8.h IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. e (SEAL BOARD OF COUNTY COMMISSIONERS ATT T'`Dr .. HALE, CLERK OF MONROE COUNTY,FLORIDA 0 By By Mayor/Chairperson U) 1000 ATLANTIC BOULEVARD, LLC By ZA1 liel- Title: ulCE R 5"t DIE N7- 0 E This do cu ent was prepared a a oved as to form by: Pe We e ado, Esq. Date Assistant unty Attorney Florida Ear Mica.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 CN e n� X 0 E Packet Pg. 197 �. DATE[ C.8.h CERTIFICATE OF LIABILITY INSURANCE 11/41,2010 PRODUCER (305)743-0494 FAR: (305)743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Kegs Insurance Services, Inc. ONLY AND CONFERS NO BIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OF 5800 overseas Hwy #43 E AFFORDED BY THE POLICIES BELOW oy P.O. Box 500280 ! Marathon FL 33050-0280 - - RERs ltl ING COVERAGE __ .;.NAJC 111 0 INSURED ' INSURER A Lloyds of radon 1000 Atlantic Blvd LLC, DBA: Salute Reo our t N URERj.-LUIffoB ita ity Mutual Ins Co � 7 2 9 Thomas S tree t INSURER C, Rey West FL 33040 --- ATE - - - -- - - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED-NOTWITHSTANDINC ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF U) MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCF POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEE REDUCED BY PAID CLAIMS. --- -------- ---N- — PQUCYFFEC EThfi ' - -- - MA M-POW EXPIRATION LIMITS NUMBER OENERALIIAWLITY I EACH OCCURRENCE..-- - f oAI�A TgiFEirTE6 S 50.0 (L ,XE CCAA_ MI:RCIAL..GEfIEHAL LASILrrY y PREMI*f£$_{Ea occu-lenca]_+., A R I CLAIMS MADE R„j OCCUR]►�FZ6e2981O 1Q f 16 f 2010 ! 10]16�2011 MED E7iP Ipmy one paracn] 3 1■0_ o PERSONAL aADVINJURY i 11 Q00,0 -'-_ _ C0 GENERAL AGGREGATE^ L$_ _-..2,000,0 O --- - - f GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG_L5_ L,O O U,A R POLICY PRO - LOC ! Gi AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ta accident) T' ANY AUTO ---- -- -- ALL OWNED AUTOS BODILY INJURY TOS (Per p ffi SCHEDULED AUerson] I Y •HIRED AUTOS I - { BODILY INJURY ffi NON-OVMED AUTOS 'r ' 'r - t SPBreeddBnt]-.--- - •• cy ~` �PROPERTY DAMAGE i! (Pereaadenp GARAGE LIABILITY r;j}p AUTO ONLY-EAACCIDENT-!$ U) {ANY AUTO i ! OTHER THAN EA ACC!-- „ AUTO ONLY. - AGG 13- - EXCESS!UMBRELLA LIABILITY EACH OCCURRENCE OCCUR CLAIMS MADE AGGREGATE - -- - -$ - ----- -j DEDUCTIBLE 1 RETENTION S { �WORKERS COMPENSATIONCOMPENSATION— ! I WC STATU- OTH- !ANO EMPLOYERS`LIABIUTY YIN _ TORT.LIMEYS..,- ANY PROPRIETORlPARTNERIEXECUTIVf DEL EACH ACCIDENT -_-�_$ _ _ 100,_01 OFFICERIMEMBER EXCLLiOED? - ;MandahrrvInNH) ❑WC30600058172010 1f 1/2010 1/1/2011 I EL.DISEASE EAEMPLOYEq 5 100�.0 If yyees,dasrsibe under ! SPEGUSLPROVISION$belaw - ! E-L.DISEASE-POLICY LIMIT•.S 500. 4CD OTHER C®I Cn DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS A DOE D BY ENDORSEIMENT I SPECIAL PROVISIONS O tle83 Cn X LU U) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC Monroe County Board of County Con=issione DATE THEREOF,THE IHG INSURER'WILL,ENDEAVOR TO MAIL 1O DAYS WRITTI 1100 Simonton Street NOTICE TO THE cF Fj1gAT/TE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 30 SHAI � Rey Meat, FL 33040 IMPOSE NQ O � OR LIABILITY OF ANY ILFNp UPON THE.INSURER,ITS AGENTS C EPRESEN ES. A E ES TATIVIE L) ACORD 25(2009101) D 1988-2009 ACORD CORPORATION. All rights reserve INS025(2ww1) The ACORD name and logo are registered marks of ACORD Packet Pg. 198 3 Policy Number:8704327227201 ":"'"••"`�`°fflim"yFLOOD POLICY DECLARATIONS Liberty American Select Insurance Company Type: Renewal To report a claim call: (800) 759-8656 0 Policy Period: 10/16/2010 To 10/16/2011 These Declarations are effective y Form: General Property as of: 10/16/2010 at 12.01 AM j 0 Producer Name and Mailing Address: Insured Name and Mailing Address: XEYS INSURANCE SERVICES INC 1000 ATLANTIC BLVD LLC PO BOX 500280 729 THOMAS ST O y,+ MARATHON. FL 33050-0280 KEY WEST, FL 33040.7334 rQi U) Agent/Agency#: 2921 Processed by: CL Reference##.08443-00807-000 Flood Insurance Processingr Center U Phone* {305) 743-[1494 P.O. Box 2057 Kalispell MT 59903-2057 Insured Property Address: Coverage Limitations May Apply, Refer to You 1000 ATLANTIC 9LVD KEY WEST, FL 33040-4852 Flood Insurance Policy for Details. E Building Description: � Premium Payor.. insured Non-Residential Rated Zone: vE Current Zone: $aabFon Grade .;., Community Number_12 0168 1516 K RESTAURANT Community Name:KEY wEST, CITY of Grandfathered: No c Pre-Firm Construction Replacement Cost: $596,250 Program Type: Regular Number of Units: 1 Type Coverage Rates Deduet Utz Sub Total Premium Calculation m. ,. .96 zs :Building.- 200,000 1.100 / a 200,16 t a Contents, 2501000 2.140 / 4.7001 51000 1 225 1 150,225 'cc Premium, 7c Contfsnte CRS Discount; Li Lowest Ploy Only Above m ocaton: Ground Levgl Federal Policy For a( -^ Probation Surcharge: Endorsement Amount: c Tot d Premium Pair 5,573 cN First Mortgage: Third Mortgage: TIB BANK MONROE couNTY SOCC PO BOX 2808 1100 SIMONTON sT g O KEY LARGO, FL 33037 KEY WE5T, FL 33040-3110 U) be W 4► Second;Mortgage: Fourth Mortgage: U) i 'Phis Dvelaration Page. in conjunction with the policy,constitutes your Flcxad Insurance Policy, In WITNESS WFIEHEOP. WV have signed this policy below and herby enter into this Insurance AgrPement. c� Pm sieirat secretary 07043272272010 0)/14/2010 ,.is,.��.. a„�,.�.,._.. G��,._. r.,.,.,�_.,.._ --.. """ I Packet Pg. 199 Pan 2:THIS DECLARATION PAGE.W ITH POI.ICY PRUV iSIONS-PART I AND I'NDORSfiMI?NTS,IF ANY ISSUED TO FORM A PART THERUX) ,C[IMPI.Ial;THE BELOW NUMBERFIl CITIZENS PROPFR7'Y INSURANC'I'CORPORATION POLICY. CITIZENS PROPERTY INSURANCE CORPORATION, WIND ONLY POLICY 6676 Corporate C mtcrParkway, JacksonA1k-,Florida 32216-0973 ' "'CITIZENS TIiIS IS A INSURED NA.`ME ANT" ADDRESS 1000 ATLANTIC BOULEVARD, LLC GENERAL BUSINESS 729 THOMAS ST 0 0 KEY WEST, FL 33040 c' POLICY TERM 10/16/2010 TO 10/16/2011 AT 12:01 A.M. (EST) CITIZENS POLICY NO. 1473301 M INCEPTION DATE EXPIRATION DATE This is your Policy Declaration Page - This is not it Sill-1)U NOT PAY PAGE j AMOttNT OF INSURANCE Item OiFk5 Ut. of DEDUCTIBLES No. Bisila�n Can tents CoinauablCe Terrirory Fremiuia 9 AP- 1 i cable E U) S 5 % CL MORTGAGEE/LOSS PAYEES: U 0 1 TIB BANK OF THE PL KEYS ISAOA P Cl BOX 280 KEY LARGO, FL 33037 LOAN #141419529156 E 2 MONROE COUNTY BOCC (LOSS PAYEE) 1100 SIMONTON ST KEY WEST, FL 33040 c' c' Total Coverage: Payment Plan: 'fatal Premium: c14 ig � r Subject to Fora No.(8). CIT CP2 01 10 CNRW 01 10 01 10 CIT 18 18 01 1.0 Mortgagee/Lass Payee: e Agen i.7 Pa yor.; KEYS INS SERVICES, INC. 5017 INSURED E 5- P.O. BOX 500280 MARATHON, FL 33050 Irate: 9/13/20.10 — (305} 743-t7994 -- CIT W03-CNU 01 1.0 501']6 Teani 3 MORTGAGEE COPY -02 QSY R 40 Packet Pg. 200 Part 2:1 US I)I'.C:L.ARA1 ION PAGK WITH POLICY PROVISIONS-PART 1 AND HNA()RSHMI?NTS.IF ANY ISS010 Tt]FORM C.8.h A PART THEREOF,COMPLETF THE RELOW NUM111+RM)C°1TI7.I-VS PROPFRTY INSURANCI?CORPORATION POLICY. CITIZENS PROPERTY INSURANCE CORPORATION, WIND ONLY POLICY 6676 Corporate Center Parkway, Jacksonvillc,Florida 32216-0973 INSUREDINSUREDNAME AN❑ AI7,7RESS ITIZENS� THIS 13 A 1000 ATLANTIC BOULEVARD, LLC GENERAL BUSINESS 0 729 THOMAS ST KEY WEST, FL 33040 2! c� POLICY TERM 10/16/2010 To 10/16/2011 AT 12.01 A.M. (EST) CITIZENS POLICY NO. 147330.1 INCEPTION -DATE EXPIRATION DATE This is your Polley Ueelarstion Page - This Is not a Bill-DO NOT PAY PAGE TLem SURAWE PeICenl Of I IMUCTIBLLS Na... $ui1.0 ny .Contents COin$4TdriG6. TBT'Tj.�BTy Nremium A ltcable U) s $ rt s s 1 351, 000 80 10, 530 T--86 2, 381 CL 150,000 80 4,500 T—B6 933 C) A ONE STORY MASONRY RESTAURANT BLDG £ CONTENTS NOT TO � INCLUDE FABRIC CANOPY LOC: 1000 ATLANTIC BLVD KEY WEST, MONROE FL 33040-4852 0 2 58,000 0 80 1,740 T-86 393 E ONE STORY MASONRY RESTAURANT AUXILIARY BLDG c� 4-Ca C C. Q C c' u u C Total.Cove 55591100 Payment Plan: Mil Ry Total Premium: $4 469 C14 Premium Amvent $3,707 2005 Citizens Property InsuranceCurporatum llmer9mcyAmcssment $52 am Tax Excotpt Surcharge $65 200 Florida Hurriame Catastrophe Fund(FHC F)Erno ency As*:gMcnt $3-7 � Catastrophe ltr:insurance Surcharsc $5 5 6 .g U 2t]07 Florida Insurance Guaranty Assmiat ion Regular Assesament $16 a r 2009 Florida insurancuGuaramy Assoc imiun Regular Agent $36 r Subject ro Form Oa(s): 0 _ U) Mortgagee/Loss Payee: +rr MORTGAGEE/LOSS PAYEES LIST ON ADDITIONAL PAGE Agent: Payor: E r KEYS INS SERVICES, INC. 5017 INSURED P.O. Bay{ 500280 � = MARATHON, FL 33050 Date: 9/1 3/2010 {305) 743-0494 c:T NO3-CNR 01 10 50176 Team 3 MORTGAGEE COPY -02 09Y R 4o Packet Pg. 201 • C.8.i CONSENT TO ASSIGNMENT OF LEASE c� This Consent to Assignment is entered into this _LCj day Of Q ci o 2008, by and between Monroe County, a political subdivision of the State of Florida, hereafter "County/Lessor", Key West Hospitality, LLC, hereafter Assignor/Lessee��, and 1000 Atlantic Boulevard, LLC, hereafter . "Assignee", the parties agreeing as follows : U 1 . The County/Lessor leases approximately 3, 928 square feet of restaurant space at Higgs Beach, Key west, Florida, through a Lease Agreement dated May 21, 2008, hereafter the original Lease Agreement, commencing August 12, 2008, and terminating on August 11, 2013, E unless the Lease is extended up to a maximum of ten (10) years with certain Americans with Disabilities Act ("ADA") modifications and capital improvements having been completed pursuant to the Lease Agreement . The original agreement is attached and incorporated into this Consent to Assignment. 2 . Paragraph 8 of the Lease Agreement provides that the Lessee may elect to sub-lease or assign the Lease Agreement only upon the previous written consent of the Board of County Commissioners for Monroe County. 3 . The Assignor and Assignee have entered into an U) Agreement for Purchase and Sale of Assets dated September 28, 2008, of the restaurant business which 4- agreement includes an assignment to Assignee of all the Assignor' s rights, title and interests in the Lease Agreement . E U) 4 . In consideration for such consent, the Assignee agrees < to be bound by all the terms and conditions of the 0 original Lease Agreement, including the obligation of Assignor/Lessee to complete certain modifications required to comply with the "ADA" pursuant to a U Stipulated Settlement in Case No. 08-10007 filed in 00 the United States District Court as incorporated in LO paragraph 3 (i) of the Lease Agreement . 5 . The Lessor, Monroe County, agrees to the assignment of the Lease Agreement from Key West Hospitality, LLC, to 1000 Atlantic Boulevard, LLC. Packet Pg. 202 C.8.i IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date first above written. c� 0 BOARD OF COUNTY COMMISSIONERS ATTEST , ` ,Y L '��tHAGE, CLERK OF MONROE COUNTY, FLORIDA B Y. f` B . t) Deputy `° r Mayor Mario Di Gennaro (SEAL) E KEY WEST HOSPITALITY, INC. 1000 Atl ntic Bo levard, LLC Lessee/Assignor Ass i ne U) BY- BY: FRA CIS ZON RICHARD HA CH nage / tuber Manager/Member 0 U) 4- 0 y � ROV D AS J. ERCADO U .,.mot C� c, -�ASSISTANT CO NTY ATTORNEY tV��/�� 0 � c Date lJj� © - 00 cd '"- cN LO E c� Packet Pg. 203 C.8.j LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT CN Q CN Ci THIS; LEASE AGREEMENT is made by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, 0 FL 33040, hereafter "County" or "Lessor", and Key West Hospitality, LLC, whose address is l 1002 Fleming Street, Key West, FL, 330040 hereafter, "Tenant" or"Lessee" this � day of 2 Yly 2008. U) WHEREAS, on the 12th day of August 1998, the County and the predecessor in interest entered into a Lease agreement, for one (5) year term, with an option to renew for one additional (5) year term hereafter referred to as "Original Agreement", copy of which is attached hereto and U made a part hereof; and r WHEREAS, the County and the predecessor in interest subsequently entered into lease amendments. dated February 10, 1999, July 21, 1999, September 20, 2000, May 16, 2001, October 17, 2001, July 17, 2002, May 19, 2004 and July 14, 2004, copies of which are attached hereto and made a part hereof; and E WHEREAS, the July 17, 2002 amendment amended the renewal term of the Original Agreement and now provided the predecessor in interest with an option to renew the Original Agreement for two additional (5) year terms; and WHEREAS, the predecessor in interest exercised his initial option to renew the Original U Agreement and the County and the predecessor in interest entered into a Renewal Agreement dated July 1:5, 2003, copy of which is attached hereto and made a part hereof; and X WHEREAS, the predecessor in interest assigned all of his rights, title and interest in the Original Agreement to the Lessee pursuant to a contract for sale/purchase of the restaurant; and WHEREAS, the County entered into a Consent To Assignment Of Lease dated April 20, 2005, copy of which is attached hereto and made a part hereof; and WHEREAS, an American with Disabilities Act (hereafter ADA) complaint has been filed against the Lessee citing ADA deficiencies on the leasehold premises at 1000 Atlantic Blvd., Key West, Florida; and 00 WHEREAS, under the terms of the original agreement the Lessee agreed not to make any major alterations to the building located on the lease hold without first obtaining approvalLO from the County; and .. WHEREAS, the current renewal term expires on August 11 2008, and the Lessee has informed the County of the Lessee's intent to exercise the Lessee's 2nd renewal option; and 1 Packet Pg. 204 •. C.8.j WHEREAS, the Lessee has agreed to effect all of the ADA modifications at Lessee's cost and proposes to make additional capital improvements at leasehold premises at Lessee's costs; and CN CN WHEREAS, Lessee is seeking an additional term of years beyond the 2"d renewal option in exchange: for effecting additional capital improvements separate and apart from the ADA U) modifications; and WHEREAS, Lessee and County find that, for purposes of clarity, it would be mutually beneficial to enter into a new Lease and terminate Lessee's current Lease along with all amendments and renewals entered pursuant thereto; 0 NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Mutual Termination of Existinp-Lease. The parties mutually agree to cancel their August 12, 1998 original Lease Agreement, February 10, 1999, July 21, 1999, , September 20, 2000, May 16, 2001, October 17, 2001, July 17, 2002, May 19, 2004, amendments and July 15, 2003 renewal agreement effective August 11, 2008, with U A neither party having any further duty, obligation or liability to the other under the terms of the above listed documents. 2. Premises. The County does hereby lease to Tenant and Tenant leases from the County, a concrete building now situated on Clarence S. Higgs Memorial Beach, 1000 Atlantic Blvd., Key West, Monroe County, Florida, in its as is condition. Square footage allocations shall be limited to the interior and enclosed patio area referenced in Exhibit"A" attached hereto and incorporated herein. 3. "Germ and Effective Date. Lessor does hereby grant to the Lessee the exclusive right and privilege of operating and maintaining a full service concession/restaurant at Clarence S. Higgs Memorial Beach, Key West, Monroe County, Florida, for a term of five (5) years commencing August 12, 2008 and terminating on August 11, 2013 unless extended in accordance with the terms set forth in subsection ii)below. i)Within the first year of the lease term, Lessee agrees to make the following modifications, at Lessee's cost, pursuant to the Stipulated Settlement Agreement in ADA case # 08-10007 filed in the United States District Court, Southern District of Florida: a) Modify the main entrance to the restaurant by installing a proper ramp in order to eliminate the change in level. b) Install proper signage to indicate the accessible entrances to the restaurant, < patio area and accessible bathroom. c) Install proper door hardware on all entrance and public doors. d) Provide accessible tables in all dining areas and bar area with proper signage 00 indicating accessible tables. e) Provide an accessible route from the bar/restaurant area to the restaurant V- LO restrooms including the addition of a ramp or deck to provide a level surface for access. f) Modify the existing women's restroom to make a unisex accessible restroom which will require changes to the door entrance, pathway within, fixture modifications and proper signage. g) Establish appropriate employee training policies. h) Maintain all accessible features in the future. 2 Packet Pg. 205 i) Ensure any future modifications, alterations, or changes are in compliance with the ADA. j) Request Lessor provide an additional disabled parking space along with proper N striping and signage of the accessible parking space creating an accessible route to N the restaurant and relocating bicycle racks to prevent encroachment into the accessible route. ii)Upon completing the ADA compliance modifications listed above, 0 Lessee anticipates completing additional capital improvements estimated to cost $125,000 as listed below; a) Update all electrical and plumbing in the building to bring it in compliance with all current code requirements. b) Remove and replace the outside patio deck area to level the floor with 2 the main dining room floor. c) Revamp and replace the roof over the outside patio deck area to create a more substantial roof surface. . d) Remodel and enlarge the stall areas of the restaurant restrooms to make both accessible and in compliance with the ADA rather than having only one unisex accessible restroom which is proposed for installation U in 2008-2009. If Lessee has previously completed all ADA modifications listed in subsection i) a j, Lessee shall be entitled to extend the lease two additional years for every $25,000 spent on capital improvements listed in subsection ii) a — d up to a maximum of 10 years. All improvements listed in subsection ii) must be completed by August 12, 2012 unless extended by mutual agreement. Upon E providing proof, in the form of material invoices, construction contracts, etc., to the Director of Facilities Maintenance as to the total amount spent on capital improvements listed in subsection ii) a-d, the parties will enter into an amendment extending the term of the Lease Agreement 2 years for every $25,000 in capital improvement. U) 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter X collectively known as "rent"), shall include rent, applicable sales tax and a maintenance fee to cover the cost of the Lessor providing janitorial services and the opening and closing of the public restrooms. The initial rent for the Premises including the maintenance fee and applicable sales tax is $7,334.94 per month, payable in advance on or before the first business day of each month. The rent 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 CPI for all urban consumers (CPI-U) for the calendar year immediately preceding the anniversary date. 5. Termination. This Agreement may be terminated at the discretion of the Lessor in 00 the following circumstances: Q a) Lessee fails to pay the rent when due; LO b) Lessee fails to obtain the insurance required under this Lease or allows the required insurance coverage to lapse or fall below the minimum required; c) Lessee otherwise breaches the terms of this Lease. E c� Unless the Lessor has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this Lease Agreement. In the case of default/breach, the County's Director of Facilities 3 Packet Pg. 206 . C.8.j Maintenance shall first give Lessee a written notification stating the default/breach and that Lessee has ten (10) days to correct the default/breach. If the Lessee has not corrected the defaultibreach at the end of the ten (10) days, then the Lessor may N terminate the Lease in its discretion. If it shall be necessary to employ the services of N an attorney in order to enforce its rights under this Lease Agreement, the Lessor shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the Lessor to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 0 6. Lessee Covenants. Lessee covenants and agrees as follows: A. To keep open such concession/restaurant Monday-Sunday, including holidays, from 7:00 A.M. 11:00 P.M., and shall not exceed the established beach hours as specified in Monroe County Ordinance 13.5-3(2)(E). Hours of operation may be modified by mutual agreement. 13. To furnish the necessary equipment, furnishings and fixtures needed to operate the concession/restaurant. All moveable equipment and furnishings shall remain the property of the Lessee and may be removed from the premises by Lessee at the termination of this lease agreement, with Lessor's consent. If Lessee fails to remove said moveable equipment or furnishings within ten (10) days after termination of this lease, said items shall then become the property of the Lessor. C. Lessee shall maintain a City and County occupational license during the period of this lease. ° D. Lessee agrees to keep the leased premises in a safe, clean and well-maintained order at no expense to the Lessor. This provision is to be monitored by the Director of Public Facilities Maintenance or his representative. E. Lessee agrees to operate its business in a business like manner. 7. Lessor Covenants. In connection with the above demised premises, the Lessor covenants with the Lessee that conditioned upon Lessee's performance and observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and peaceable possession of the premises during the term of this Lease. In the event the County elects to maintain and/or improve its properties in the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this lease. Lessor further covenants and, at its cost, agrees: a) to provide proper striping and signage of the accessible parking space and to provide a second accessible parking space adjacent to the current accessible parking space in conjunction with the accessible route to the restaurant. b) relocate the bicycle racks to prevent encroachment into the accessible route leading to any accessible entrance to the restaurant. c) to establish a policy of enforcement if cars are improperly parked to notify the 00 car owner or have the vehicle towed pursuant to F.S. See. 316.1955(1)(a) Q It- 8. Assienment. It is agreed by the parties hereto that Lessee may elect to sub-lease or assign this Lease Agreement only upon written consent of the Monroe County Board of County Commissioners which shall not be unreasonably withheld. The terms of this Lease Agreement shall be binding on the heirs, executors, � administrators, sub-lessees and assigns of Lessee. 4 Packet Pg. 207 9. Mechanic's Liens Lessor's Ri hts. It is hereby covenanted, stipulated and agreed by and between the parties hereto that: A. there shall, during said demised term, be no mechanic's liens placed upon the concession/restaurant or improvements thereto. N B. in case of any attempt to place a mechanic's lien on the leasehold premises, the ci Lessee must pay off same. C. if default in payment thereof shall continue for thirty (30) days after written notice, Lessor shall have the right and privilege, at its option, to pay off any mechanic's lien or any portion thereof and the amount so paid, including expenses, shall, at Lessor's option, be designated as additional rent due from Lessee at the next rent due date after such payment, with interest calculated at the rate established by the Comptroller under Sec. 55.03, Fla. Stat., for the year in which the payment became overdue. Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 10. Sale of Alcoholic Beverages. Alcoholic beverages may be sold within the enclosed restaurant and patio area only upon acquisition and maintenance of proper , licenses from local, state and federal agencies. No carry-out sales of alcoholic beverages is permitted. Sales and consumption of alcoholic beverages must cease by 11:00 P.M. It. Entertainment. Entertainment may be provided only in the enclosed restaurant and patio area. Any entertainment must be acoustic soft background music and must cease by 11:00 P.M. 12. Licenses. Lessee shall be responsible for and provide all licenses required by all local, state and federal agencies including the Department of Health. 13. Premises to be Used For Lawful Purposes. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer nor permit any person to use in 00 any manner whatsoever the leasehold property, nor any portion thereof, for purposes U calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the Untied States, or of the State of Florida, or of the Ordinances of Monroe County or the City of Key West, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any said laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold premises or any part thereof by Lessee. U) 14. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor00 herein be liable, under any express or implied covenants in the Lease Agreement, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease T- Agreement accruing, for the act, or breach of covenant, for which damages may be LO sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said ]Lessor or said Lessor's authority to make this lease agreement, said Lessee shall not be required to pay rent under this lease agreement while he is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. 5 Packet Pg. 208 '• C.8.j 15. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this lease agreement shall be construed to be a waiver of any succeeding breach of the same CN covenant. N ci 16. Observance of County Rules and Regulations. The Lessee hereby covenants and agrees that he, his agents, employees or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereby Y promulgated and enforced b the Lessor at the beach. X g 17. County's Rip-ht of Entry. The Lessor reserves the right hereunder to enter upon the premises at any reasonable time during normal operating hours for the purpose of inspecting said premises to determine whether Lessee has complied and is complying with the terms and conditions of this Lease Agreement. The Lessee hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to maintain or keep upon said premises any properties or equipment not used in connection with the operation of said business, unless authorized by the Lessor to do so. U 18. Leasehold Improvements_ The Lessee agrees not to make any major alterations to the building located on said premises, without first obtaining written consent of the Lessor to do so, which will not be unreasonably withheld. Such alterations shall be based on plans approved by the Director of Facilities Maintenance and shall be subject to all City and County code provisions governing construction. Lessee shall be responsible for obtaining any permits required by any government agency. All site improvements shall be pre-approved by the Monroe County Board of County Commissioners. 19. Ieasehold Maintenance. During the term of this lease, Lessee is responsible for all maintenance and repairs, including major repairs such as structural work and roof replacement and replacement of the building if destroyed. All repairs and 00 replacement must be of the same or better quality as the original work and conform to all applicable building codes. Lessee shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. The Lessee will keep the premises clean at all times and must meet all requirements for food handling as required by the Monroe County Department of Health. E 20. Responsffi ty for Property on Leasehold. All property of any kind that may be on the premises during the term of this Lease Agreement shall be at the sole risk of the Lessee. The Lessor shall not be liable to the Lessee or any other person for any 0 injury, loss or damage to property or person on the premises. 00 21. Damage to Leasehold. In the event that the demised premises, or a major part Q CN thereof are destroyed by fire, storm, or any other casualty, the Lessor at its option and N LO without assuming Lessee's responsibilities under Section 19 "Leasehold Maintenance", may forthwith repair the damage to such structure at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rats part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury 6 Packet Pg. 209 or damage shall be restored by the Lessor as speedily as is practicable and upon completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. If Lessor exercises its option to repair the premises, CN CD Lessee agrees to assign its right to the insurance proceeds to the Lessor. If insurance cN proceeds exceed the costs of repair, the Lessor will, at its option, either remit the excess funds to the Lessee or apply the excess funds as a credit towards Lessee's next due monthly rental payment. If repair costs exceed the insurance proceeds, Lessee agrees to pay Lessor within 30 days for any and all costs of repair not covered by insurance proceeds. 22. Rip-hts Reserved. Rights not specifically granted to Lessee by this Lease Agreement are reserved to the Lessor. 23. Rights of County. The Lessor shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structure or facility at Higgs Beach, or to construct new facilities at Higgs Beach. The Lessor shall, in the exercise of such right, be free from any and all liability to the Lessee for business damages occasioned (luring the making of such repairs, alterations and additions, except those occasioned , by the sole act of negligence of the Lessor, its employees or agents. CL tL A 24. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold Lessor and the Lessor's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation in connection with a violation of any federal, state, or local law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees on the leasehold premises during the term of this Agreement, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this Lease Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the Lessor or any of its employees, agents, contractors or invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Lease Agreement, this section will survive the expiration of the term of this lease or any Earlier termination of this Lease Agreement. U) 25. Insurance Requirements. Lessee shall obtain and maintain at it's own expense the CO CD insurance coverages listed in exhibit B. CD CN V- CN LO 26. ]Books Records and Documents. Lessee shall maintain all books, records, and CD documents directly pertinent to performancc under this Lease Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Lease Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Lease 7 Packet Pg. 210 Agreement for public records purposes during the term of the Lease Agreement and for four years following the termination of this Lease Agreement. CN CN 27. Governing Law, Venue, Interpretation: This Lease Agreement shall be governed c4 by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease Agreement, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. E U) 27. Entire Agreement. This writing embodies the entire agreement and understanding 2 between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease Agreement shall be in writing, U approved by the Board of County Commissioners, and signed by both parties before it becomes effective. e 28. Severability. If any term, covenant, condition or provision of this Lease Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Lease Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Lease Agreement would prevent the accomplishment of the original intent of this Lease Agreement. The Lessor and Lessee agree to reform the Lease Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 29. Attorney's Fees and Costs. The Lessor and Lesse agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's 1:ees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and U) customary procedures required by the circuit court of Monroe County. 00 30. Binding Effect. The terms, covenants, conditions, and provisions of this Lease Q It- Agreement shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. 31. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Lease Agreement have been duly authorized by all necessary County and corporate action, as required by law. 8 Packet Pg. 211 C.8.j 32. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease Agreement; provided that all applications, requests, grant N proposals, and funding solicitations shall be approved by each party prior to CN submission. 33. Adjudication of Disputes or Disagreements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Lease Agreement or by Florida law. 34. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease Agreement, Lessor and Lessee agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease Agreement or provision of the services under this Lease Agreement. Lessor and Lessee specifically agree that no party to this Lease Agreement shall be required to enter into any arbitration proceedings related to this Lease Agreement. 35. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination E against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to �' nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of 00 the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to a nondiscrimination in the sale, rental or financing of housing; 9) The Americans with V- LO Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease Agreement. 9 Packet Pg. 212 C.8.j 36. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any CN interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease Agreement, and that the only interest of N each is to perform and receive benefits as recited in this Lease Agreement. U) 37. ("ode of Ethics. Lessor agrees that officers and employees of the Lessor recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not 0 limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 38. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease Agreement. For the breach or violation of the provision, the Lessee agrees that the Lessor shall have the right to terminate this Lease Agreement without liability and, at its discretion, to offset from monies owed, or otherwise IR recover, the full amount of such fee, commission, percentage, gift, or consideration. 39. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease Agreement; and the Lessor shall have the right to unilaterally cancel this Lease Agreement upon violation of this provision by Lessee. 00 40. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 286.28, Florida Statutes, the participation of the Lessor and Lessee in this Lease Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 41. Privileses and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, < agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease Agreement within the territorial limits of the County shall apply to the same degree and extent to the 00 performance of such functions and duties of such officers, agents, volunteers, or N employees outside the territorial limits of the County. � LO 42. Lep-al Oblieations and Responsibilities: Non-Delegation of Constitutional or 'statutory Duties. This Lease Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease Agreement is not 10 Packet Pg. 213 • ' C.8.j intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida constitution, state statute, and case law. N N 43. Pion-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated 0 in this Lease Agreement. 44. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 45. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Lease Agreement or be subject to any personal liability or accountability by reason of the execution of this Lease Agreement. 46. Execution in Counterparts. This Lease Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Lease Agreement by signing any such counterpart. c� 47. Section Headings. Section headings have been inserted in this Lease Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Lease Agreement and will not be used in the interpretation of any provision of this Lease Agreement. 48. Mutual Review. This Lease agreement has been carefully reviewed by Lessee and Lessor, therefore this Lease agreement is not to be construed against either party on the basis of authorship. U) 00 It- LO E c� li Packet Pg. 214 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above..written. � Cq a_J (SEAL) ; �t,� BOARD OF COUNTY COMMISSIONERS ATTES AGE, CLERK OF MONROE COUNTY, FLORIDA a h INC+ d C MIY IJ da9 By Defuty Clerk Mayor/Chairperson KEY WEST E By Witnesses Titlr7! agingtartar This document was prepared and a proved as to form by: Pedro J. Mercado Date Assistant C Attorney Florida Bar No.: 0084050 P.O.. Box 1026 Key West, FL 33041-1026 (305) 292-3470 " C U) 00 cN V- cN LO c� 12 Packet Pg. 215 C.8.j VTi�L� c14 Cq f92, p 3�Z-2 3 O 0 US.C So.�S- w 0 U +�+Cs ARwA , 1 9tio.l S�.FS. �� l?.1�•w•T � Cl Cl �; 3,?S.4 CL SIR u t- i 9-10`. GS EZ I�i{clltvi. AMA u a sQ.FT. MnN lJo+gsw+ jl':� 'Q f!l aS�.�T- SQ.Fl il'{.L Sw.-FT. le`1.65o 34 pT. = 0 0 0 0 881 �9 ToT•�-- JsxA� Sgd.Ne�Fiac-T .``° 0 0 3,9 Cl-LOPL4 --T l...caLb� btlY. S�-rx l i�l7 i r'1 98 _<4A� 1rg" ��-01, �Ev16E� Laf Il g � m 00 c1l EXHIBIT Packet Pg. 216 r C.8.1 2005 Fdihon CN CN MONROE COUNTY, FLORIDA RISK MANAGEMENT U) POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL o 0 General Insurance Requirements for 0 0 Organizations/Individuals UeasingCounty-Owned Property t� Prior to the Organization or Individual taking possession of the property owned by the County, or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this lease/rental agreement. A The Organization/individual will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. 0 The Organization/Individual shall maintain the required insurance throughout the entire term of this lease/rental agreement and any extensions specified in the attached schedules. Failure to E comply with this provision may result in the immediate termination of the lease/rental agreement and the return of all property owned by the County. The Organization/Individual will be held responsible for all deductibles and self insured retentions that may be contained in the Organization/Individual's Insurance policies. c� The Organization/individual shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification 0 is given to the County by the insurer. 00 The acceptance and/or approval of the Organization/Individual's insurance shall not he construed as relieving the Organization/Individual from any liability or obligation assumed under this c14 contract or imposed by law. V_ LO The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure. E Administration Instruction a4709.6 EXHIBIT 29 Packet Pg. 217 C.8.j cat 2005 Editinn N CN Any deviations from these General Insurance Requirements must be requested in writing on the County prepared Form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 0 c� 0 t) CL A 0 E E c� t) E t) 00 cat T- cat LO E c� Administration Insintction #4709.6 30 Packet Pg. 218 c� 2005 Hition N Q CN ALL RISK PROPERTYCq INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY o BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance(to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: U A Fire Li tiR& Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood E E The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. c� U) E U) 00 It- LO 4i i Administration Instruction #4709.6 31 Packet Pg. 219 C.8.j 2()05 Fditinn CN N N GENERAL LIABILITY Cq INSURANCE REQUIREMENTS U) FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY o 0 BETWEEN MONROE COUNTY, FLORIDA AND t) Prior to the Organization/Individual taking possession of the property governed by this ividual shall obtain General Liability insurance. lease/rental agreement, the Organization/Ind Coverage shall be maintained throughout the life of the contract and include, as a minimum: U • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage • Dire Legal Liability(with limits equal to the fair market value of the leased property.) E The minimum limits acceptable shall be: E $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person t) $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. t) 00 V- N LO 4i c� Administration Instruction 32 #4709.6 Packet Pg. 220 C.8.j i 2005 FAiiticm N N C°J Cq VEHICLE LIABILITY INSURANCE REQUIREMENTS U) FOR LEASESIRENTALS OF COUNTY-OWNED PROPERTY o BETWEEN MONROE COUNTY, FLORIDA AND idual taking possession of the property governed by this Prior to the Organization/Indiv lease/rental agreement, the Organizationilndividual shall purchase Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Vehicles . - • Physical Damage Protection (if the leased property is a County-owned vehicle) The minimum limits acceptable shall be: E $300,000 Combined Single Limit(CSL) E ACV for Physical Damage If split limits are provided,the minimum limits acceptable shall be: c� $ 100,000 per Person $ 300,000 per Occurrence U) $ 50,000 Property Damage ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the lease/rental agreement involves County-owned vehicles,the Monroe County Board of to the physical County Commissioners shall be named as "Loss Payee" with respect damage protection_ E U) 00 cat T_ cat LO c� Adriiinismtion instruction 33 ##4709.6 Packet Pg. 221 C.8.j 1996 Edition cN cN LIQUOR LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT o BETWEEN MONROE COUNTY,FLORIDA AND , U) Recognizing that the work governed by this contract involves the sales anchor distribution of alcoholic beverages,the Contractor's General Liability Insurance policy shall include Liquor Liability with limits equal to those of the basic coverage. U A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the Contractor's General Liability policy. The rvlonroe County Board of County Commissioners will be included as Additional Insured if a E separate Liquor Liability policy is provided. E c� E 00 V- N LO E GLLIQ � Administration Instruction 59 #4709.2 Packet Pg. 222 1000ATL-01 U C.8.k .44c7OR0"° CERTIFICATE OF LIABILITY INSURANCE AJTE(MM/DD/YYYY) �..•� 10/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ 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 0 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (A/C,No): Marathon,FL 33050 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# 9= INSURERA:Tokio Marine Specialty Insurance Company 23850 INSURED INSURERB:FHM Insurance Company 10699 f) 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C 729 Thomas Street INSURER D Key West,FL 33040 INSURER E CL INSURER F: U 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 E CLAIMS-MADE Fu I OCCUR RES10335-02 10/16/2021 10/16/2022 DAMAGE TO RENTED 100�1 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,1 E PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 X POLICYEl PRO-JJECT LOC PRODUCTS-COMP/OPAGG $ 1,000,1 U OTHER: LIQUOR LIABILIT $ 1,000,1 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1�000'1 Ea accident $ ANY AUTO 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 H AND EMPLOYERS'LIABILITY STATUTEI ER Y/N WC30600058172021A 1/1/2021 1/1/2022 100,1 LU ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory NH 100,1 ( an n'm ) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under rJpp 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ra I tY t'J t'J a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx N Liability resulting from dogs is not excluded. C11 C) O CERTIFICATE HOLDER CANCELLATION I t) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI .. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. E AUTHORIZED REPRESENTATIVE City of Key West,Licensing Division PO Box 1409 Mµ Key West FL 33041 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 223 1000ATL-01 U C.8.1k .4Co/?0'1 CERTIFICATE OF LIABILITY INSURANCE AJTE(MM/DD/YYYY) �..•� 10/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: �y CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIE1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (A/C,No): Marathon,FL 33050 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# Qb INSURERA:Tokio Marine Specialty Insurance Company 23850 E INSURED INSURERB:FHM Insurance Company 10699 a 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C 729 Thomas Street INSURER D Key West,FL 33040 INSURER E CL 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS (D A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'I CLAIMS-MADE X OCCUR RES10335-02 10/16/2021 10/16/2022 DAMAGE TO RENTED 100'I X PREMISES Ea occurrence $ MED EXP An one person) $ 5'1 E Approved Risk Management 1,000'1 I PERSONAL&ADV INJURY $ r� .,�r ( Y 2,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ i 1p,r ..G '�` ❑ PRO- ❑ �., 1,000'I X POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: 10-20-2021 LIQUOR LIABILIT $ 1,000'I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1�000'1 Ea accident $ ANY AUTO X RES10335-02 10/16/2021 10/16/2022 BODILY INJURY Perperson) $ CD 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$ $ 0 B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY SPTER OERH X Y/N WC30600058172021A 1/1/2021 1/1/2022 100'1 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ I OFFICER/MEMBER EXCLUDED? N/A Mandato m NH 100,1 ( n' ) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under rJpp 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 04 04 CD e DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 04 Monroe County BOCC is additional insured with respect to general liability and auto liability CD 04 e O e CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. qb E Monroe County BOCC AUTHORIZED REPRESENTATIVE Insurance Compliance PO Box 100085-FX Mµ Duluth GA30096 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 224 1000ATL-01 U C.8.k .44c7OR0"° CERTIFICATE OF LIABILITY INSURANCE AJTE(MM/DD/YYYY) �..•� 10/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZE[ 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 0 If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (A/C,No): Marathon,FL 33050 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# 9= INSURERA:Tokio Marine Specialty Insurance Company 23850 INSURED INSURERB:FHM Insurance Company 10699 f) 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C 729 Thomas Street INSURER D Key West,FL 33040 INSURER E CL INSURER F: U 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 PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 E CLAIMS-MADE Fu I OCCUR RES10335-02 10/16/2021 10/16/2022 DAMAGE TO RENTED 100�1 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,1 E PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 X POLICYEl PRO-JJECT LOC PRODUCTS-COMP/OPAGG $ 1,000,1 U OTHER: LIQUOR LIABILIT $ 1,000,1 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1�000'1 Ea accident $ ANY AUTO 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 H AND EMPLOYERS'LIABILITY STATUTEI ER Y/N WC30600058172021A 1/1/2021 1/1/2022 100,1 LU ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory NH 100,1 ( an n'm ) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under rJpp 1 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ra I tY t'J t'J a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) t'J t'J a U a O a CERTIFICATE HOLDER CANCELLATION I t) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI .. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. E AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street Key West FL 33040 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 225