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6th Amendment 09/21/2022 GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 4, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissv Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: September 21st BOCC Meeting The following item has been executed and added to the record: C9 Sixth Arnendrnent to Lease Agreement with Salute Watersports, LLC, to renew the term for an additional one-year period with the term to continence October 16, 2022, and terminate on October 15, 2023,with a 7% CPI-U increase in the rent. The monthly payment will increase from $528.52 to $565.52 plus 7.5% of gross sales. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 SIXTH AMENDMENT TO LEASE AGREEMENT FOR HIGGS BEACH CONCESSION,KEY WEST,MONROE COUNTY,FLORIDA THIS SIXTH AMENDMENT TO LEASE AGREEMENT is made and entered into this 21st day of September, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"/"LESSOR"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SALUTE WATERSPORTS, LLC ("CONTRACTOR"/"LESSEE"), a Florida limited liability company, whose address is 1000 Atlantic Blvd., Key West, Florida 33040. WHEREAS, on October 17, 2018, the County entered into a Lease Agreement with Tropical Watersports, LLC, the predecessor in interest, for the operation of a mobile concession on the Clarence S. Higgs Memorial Beach Park, Key West, Monroe County, Florida, (hereinafter "Original Agreement"); and WHEREAS, on July 17, 2019, the Monroe County Board of County Commissioners ("BOCC") approved the Lease Assignment, Assumption and Consent ("Assignment") of the Original Agreement from Tropical Watersports, LLC, to Salute Watersports, LLC, for the operation of a mobile concession on the Clarence S. Higgs Memorial Beach Park, Key West, Monroe County, Florida; and WHEREAS, on December 11, 2019, the BOCC approved the First Amendment to the Original Agreement to renew the term for the first of five (5) optional one-year periods with the term to commence retroactive to October 16, 2019, and terminate on October 15, 2020, and to adjust the CPI-U increase of 1.9%retroactive to October 16, 2019; and WHEREAS, on June 17, 2020, the BOCC approved the Second Amendment to Lease Agreement to abate total monthly rental payments and the 7.5% monthly gross taxable sales payments due by Lessee for the months of March, April, and May 2020, due to Higgs Beach COVID-19 closures; and WHEREAS, on November 17, 2020, the BOCC approved the Third Amendment to the Original Agreement to renew the term for the second of five (5) optional one-year periods with the term to commence retroactive to October 16, 2020, and terminate on October 15, 2021, and to adjust the CPI-U increase of 2.3%; and WHEREAS, on August 18, 2021, the BOCC approved the Fourth Amendment to the Original Agreement to renew the term of the Agreement for the third of the five (5) optional one- year periods with the term to commence on October 16, 2021, and terminate on October 15, 2022, and the rental amount was adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 1.4%; and WHEREAS, on January 21, 2022, the BOCC approved a Fifth Amendment to the Original Agreement to abate one-half(1/2) of the monthly rental payment due by Lessee for a partial month of October 2021 and the full month of November 2021, due to Higgs Beach shoreline restoration project closures, which was initiated by the County; and 1 WHEREAS, the parties desire to renew the term for an additional one-year period and to make the annual CPI-U adjustment pursuant to the terms of the Original Agreement, as amended; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Sixth Amendment to Lease Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 5 of the Original Agreement, the County exercises the option to renew the Agreement for the fourth of five (5) optional one-year periods. This renewal shall commence on the 16th day of October 2022, and ends upon October 15, 2023, unless terminated earlier under another paragraph of this Agreement, as amended. 2. In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to amend the Agreement and the rental amount shall be c.i �. r=;- adjusted in accordance annually with the percentage change in the U.S. '; `'r Department of Commerce Consumer Price Index (CPI-U) for all Urban --- Consumers as reported bythe U.S. Bureau of Labor Statistics at December t p T %31 of the previous year of 7 , with payments increasing from Five Hundred t_,. ,'' Twenty-eight and 52/100 ($528.52) Dollars per month to Five Hundred c= '= Sixty-five and 52/100 ($565.52) Dollars per month; with an effective date of i, c _ ty_ _— October 16,2022. 3. Except as set forth in paragraph 1 and 2 of this Sixth Amendment to Lease Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. (gieTk r 2 , '•. BOARD OF COUNTY COMMISSIONERS j M t VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA \s ~' Fq d r=--':- 'i 4 •yf J'f 04�?v�NfY I .sY�' (`�V•V By: dii).As eputy erk M Date: Q 1, 6 120 LZ MONROE COUNTY ATTORNEY'S OFFICE erriagVEDAS TO PATRICIA EAGLES ASSISTANT COUNTY ATTORNEY 2 DATE: 9/6/2022 MV1yI _ rq u Sid;r`w�rn�ure _.._._ legaBy bind Cot.porotion: ... ........ ....._._ -.. .........____. _ __...... _- Addrew ,u aN "`¢ 4 iVly r ........ SALU WAT-01 REGAN L DIYYYY) DATE(MMID CERTIFICATE OF LIABILITY INSURANCE FDATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NTT CT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)537-2782 (A/C,No): Marathon,FL 33060 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Century Surety Company 36951 INSURED INSURER B: Salute Watersports,LLC INSURER C: 729 Thomas Street INSURER D: Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CCP1082332 8/2/2022 8/2/2023 DAMAGE TO RENTED 100 000 X PREMISES Ea occurrence $ X Owner's&Contractor MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OP AGG $ Included OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 500,000 Ea accident $ ANY AUTO X CCP1082332 8/2/2022 8/2/2023 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) ccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Named A/I CG 2011 0413-Landlord Monroe County BOCC is additional insured with respect to General Liability and Auto Liability APPROVED RISK MANAGEMENT DATE 9/8/2022...,.. WAVER N/A YE X CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street _ . (_; Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2018 Union MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ;.,2 - &'),r/ '� , " LLB Contmc(or.,Vendor- Project or Service: Aec,-_eL ContractoriVendor Address&Phone 9 0 x? 154-et jos� -7 General Scope of Work.- C-k""3 U",4�-eAavv el--' - Reason for Waiver or 'o -ec', oc Modification: Policies Waiver or Modification will apply to: Signature of Con(ractor.'VerWor: ........... Dale: 4LL�_ Approved Not Approved Risk Managern"t Signature.... Dale, County Administrator appeal: Approved; Not Approved: Date: Board of County Commissioners appeal Approved: Not Approved: Meeting Dale: 431 off w ul, Administalfiv In str'udio 7500.7"J 104 -)IVA