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Item C03 C.3 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.3 Agenda Item Summary #11251 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687 none AGENDA ITEM WORDING: Approval of Eight Amendment to Lease Agreement with 1000 Atlantic Boulevard, LLC (Salute Restaurant) for a rent abatement in the amount of$4,987.69 due to Higgs Beach closure during and after Hurricane Ian. ITEM BACKGROUND: 1000 Atlantic Boulevard, LLC, is the tenant at the Salute Restaurant on Higgs Beach. Hurricane Ian passed by Key West on September 27 and 28, 2022, causing significant damage at Higgs Beach. The Beach and Salute Restaurant were thereby closed to the public for approximately fifteen (15) days due to the storm. This Eight Amendment to the Lease Agreement is to abate certain rents due to the closure of Higgs Beach as a result of the Hurricane Ian damage. The rent abatement amount is $4,987.69 which shall be applied to the October rent or any future rental payment if the October rent had already been paid. 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 to 1000 Atlantic Blvd, LLC. 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 Packet Pg. 116 C.3 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 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. September 21, 2022 BOCC approved a Seventh Amendment to increase the lease amount by the CPI-U increase of 7%. The monthly rent increased from $9,322.80 to $9,975.38 effective August 12, 2022, and monthly thereafter. CONTRACT/AGREEMENT CHANGES: Salute - Eighth Amendment for Rent Abatement due to Hurricane Ian STAFF RECOMMENDATION: Approval. DOCUMENTATION: 1-18-23 _Eighth Lease Amendment_Salute Restaurant(Final legal stamped partial executed) 7th Amendment 09 21 2022-Salute-Exec 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 Salute-Wind exp 10 16 2023-Exec COI Salute-Flood exp 10 16 2023-Exec 2022 12 COI Salute Restaurant signed exp 3 12023 FINANCIAL IMPACT: Effective Date: 1/18/23 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 Packet Pg. 117 C.3 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: Revenue loss of$4,987.69 Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: The abatement amount is $4,987.69 for a fifteen (15) days to be applied to October rental payment or any future rental payment. Revenue loss of$4,987.69 REVIEWED BY: Patricia Eables Completed 12/08/2022 2:33 PM John Allen Completed 12/08/2022 2:43 PM Purchasing Completed 12/08/2022 3:12 PM Budget and Finance Completed 12/08/2022 4:10 PM Risk Management Completed 12/08/2022 4:42 PM Lindsey Ballard Completed 12/14/2022 11:51 AM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 118 C.3.a EIGHTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS EIGHTH AMENDMENT TO LEASE AGREEMENT is made and entered into on this 7th day of December, 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 ("Tenant" or "Lessee"). a� 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 X 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 a� 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, U) LLC ("Tenant" or "Lessee"); and a� 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 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 amount of Eight Thousand Six Hundred Seventy-one and 81/100 ($8,671.81) Dollars due to the closure of Higgs Beach as a result of Hurricane Irma damage. This total rent abatement amount was applied as a credit towards the future monthly rental payment due by Lessee; and WHEREAS, the parties hereto did on August 21, 2019, enter into a Third Lease Agreement Amendment for an annual CPI-U adjustment of 1.9% and a Use Tax Credit; and WHEREAS, the parties hereto did on June 17, 2020, enter into a Fourth Amendment to �i Lease Agreement for the County to abate certain monthly rental payments for the months of N 00 March, April, and May 2020, due to the COVID-19 Higgs Beach closures as a preventative measure and to reflect the decrease in the monthly applicable Use Tax; and WHEREAS,the parties hereto did on September 19, 2020, enter into a Fifth Amendment to Lease Agreement to clarify several matters, including that the monthly applicable Use Tax, composed of State and County Use Tax, was to be adjusted on the corrected date of January 1, 2020, from 7.2% to 7% and corrected the date to January 1, 2020, for the new rental amount to 1 Packet Pg. 119 C.3.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 W 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, 2021; and WHEREAS, the parties hereto did on September 21, 2022, enter into a Seventh :6 Amendment to Lease Agreement for an annual CPI-U adjustment of 7% percentage increase for the calendar year ending December 31, 2021, with an effective date retroactive to August 12, 2022; and X WHEREAS, Hurricane Ian passed by Key West on September 27 and 28, 2022, causing significant damage to Higgs Beach resulting in the beach being closed to the public; and WHEREAS, said damage rendered Higgs Beach unusable and affected the ability of M Lessee to conduct business and operate its restaurant known as Salute Restaurant located at U) Higgs Beach; and a� WHEREAS, the Lessee has requested the County to abate a portion of its monthly rental payment for October 2022 due to the Hurricane Ian closures; and U_ WHEREAS, Monroe County Board of County Commissioners has agreed to abate a portion of the rental fees while the business was closed because of the significant damage and the beach closure; and a� 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 E is hereby acknowledged, the parties agree as follows: a� U) 1. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, Lessee currently pays Nine Thousand Nine Hundred Seventy-five and 38/100 ($9,975.38) Dollars per month, effective retroactive to August 12, 2022. The County, as Lessor, agrees to abate one-half of the total monthly rental payment for October 2022, which equals a rental abatement of fifteen Wi days in the amount of Four Thousand Nine Hundred Eighty-seven and 69/100 ($4,987.69) Dollars due to the closure of Higgs Beach as a result of Hurricane Ian damage. This total rental00 abatement amount set forth herein may be applied as a credit towards the October rental payment or towards any future monthly rental payment due by Lessee if the October rental payment has already been paid by Lessee to the County. E c� 2 Packet Pg. 120 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA, LESSOR By: By: As Deputy/Clerk Mayor/Chairperson WITNESSES: 1000 ATLANTIC BOULEVARD, LLC, A Florida Limited Liability Comp n , DES E r Signature Title. Managing Partner e,c"d teh (g 1 z z Print Name Date Print Name Date Signature Print Name Date 11/9/2022 3 i 0 uRtA Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida .2 DA'M: October 12, 2022 0 TO: Alice Steryou Conti-act Nlonitor 'a " - 4 9= 0 A�' 0 FROM: Pwnela G. I lailco�kj C. E SUBJECT: Septenilm- 21" BOCC Meeting Attached is an electronic copy of the following item for your Ilaildling: 0 4- C8 7t1i Aniendinciii to Lease Agreement mtli 1000 Adwitic Boulevard, U,C (Salute Rcstaiii-ant) Ior a CP1 E _I T Increase oI %' m 7 , fli a new niondily rental aniount of$9,975.38. 'a coninici-icing retroactive to August 12, 2022. E Should vou have miy questions please feel free to contact me at (305) 292-3550. ct x W .2 N N Q N V- N E cc: County Attorney Filialice File E E ct 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 1 Packet Pg. 122 C.3.b SEVENTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS SEVENTH AMENDMENT TO LEASE AGREEMENT is made and entered 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, X Florida 33040 ("County" or "Lessor") and 1000 Atlantic Boulevard, LLC, a Florida Limited 0 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 2 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 4- 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 E Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or "Lessee"); and w 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 U) 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 x 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 N was applied as a credit towards the future monthly rental payment due by Lessee; and NIt- N 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 Lease Agreement for the County to abate certain monthly rental payments for the months of E March, April, and May 2020, due to the COVID-19 Higgs Beach closures as a preventative measure and to reflect the decrease in the monthly applicable Use Tax; and WHEREAS,the parties hereto did on September 19, 2020, enter into a Fifth Amendment to Lease Agreement to clarify several matters, including that the monthly applicable Use Tax, composed of State and County Use Tax, was to be adjusted on the corrected date of January 1, 2020, from 7.2% to 7% and corrected the date to January 1, 2020, for the new rental amount to 1 Packet Pg. 123 C.3.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 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 0 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, 2021; and WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly maintenance fee will be adjusted annually by a percentage equal to the increase in the Consumer Price Index for all Urban Consumers ("CPI-U") for the calendar year immediately preceding the anniversary date of the lease term; and 0 WHEREAS, the parties hereto have agreed to the annual CPI-U adjustment of 7% percentage increase for the calendar year ending December 31, 2021, with an effective date E retroactive to August 12, 2022; and E WHEREAS,the parties have found the Lease to be mutually beneficial; and WHEREAS,both parties desire to amend the Lease NOW THEREFORE, IN CONSIDERATION of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended, 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: a� X 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter collectively known as "Rent"), shall include rent, applicable use tax, and a maintenance fee to include the cost of the Lessor providing janitorial services and the opening and closing of the public restrooms. The Rent for the Premises is Nine Thousand Nine Hundred Seventy-five and 38/100 ($9,975.38) Dollars per month, retro-active C41 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 a the anniversary date. E New Rental Amount commencing on 8/12/2022, includes a 7% CPI-U increase To: Monthly Rent: $7,719.99 E Monthly Maintenance Fee: $1,714.99 Monthly Applicable Use tax: $ 540.40 2 Packet Pg. 124 TOTAL Rent. ",975.38 as of'0110112............................ V.-m—WLW Amgunj due 4mJ1 Ilk ........ ........... 2. ExxqN as set lbrib in Paragraph I hereinabove, all other provisions of the Leme, as wnendeAt nc.A tee witk shall in in fidl fmce and effoct. 0 WITNESS WHEREOF, the panics havW bavc set their hm& wd seals the day amb, kle ko�g#ouve.Vnium E lr 'o BOARD OF COUNTY COMMISSIONERS 4 Z' IN 14AWK,kM., M,K. OF MONROE COUNTY,FLORIDA, LESSOR 'a As,Dqmly/Ciledi. Mayor/Chairperson as w wrl'NIMES., 1000 ATLANTIC BOUI.EVAIM,UZ, A Flotida I.,imited Liability Uma y, I F;ss S E F U) w. .......... ............... .............. signative " itk M4.8na"rig Partwr en -r CJ4 7 r�1121 ........... Print IRS= 1"Afe, Print Nmnc Date x w sipatm CN CN Q CN T- J�hii�t—N—ajn(........................................—Dale CN E PAIRMOWIS ds ASWr E DAW: . vw-- E 3 Packet Pg. 125 C.3.c JRcougrQ. °o Kevin Madok, CPA �5,0.:c'uia�F�oyq : � �o Clerk of the Circuit Court&Comptroller_Monroe County, Florida n 0 DATE: October 27, 2021 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc*.C. SU$JF,CT: September 15'h BOCC Meeting Attached is an electronic copy of the following item for your handling: E C 1 6th Amendment to Lease Agreement with 1000 Atlantic Boulevard LLC (Salute E Restaurant), for a CPI-U increase of 1.4%,with a new monthly rental amount of$9,322.80 commencing retroactive to August 12, 2021. Should you have any questions please feel free to contact me at(305) 292-3550. c� x i i E U) cc: Facilities Supervisor �I County AttorneyCN 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. 126 305-294-4641 305-289-6027 305-852-7145 305= C.3.c SIXTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT 2 THIS SIXTH AMENDMENT TO LEASE AGREEMENT is made and entered into c 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"); 0 4- 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 w Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or"Lessee"); and WHEREAS, the parties hereto did on October 20, 2010, enter into a Lease Extension Agreement extending the Term for ten (10) years with a termination date of August 11, 2023 ("Extension"); and WHEREAS, the parties hereto did on September 19, 2016, enter into a First Lease �~ Agreement Amendment which increased the Lessee's leasehold Premises by including in the Premises a previously excluded 115 square feet of storage area that had previously been leased to 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 E 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; andLO WHEREAS,the parties hereto did on September 19, 2020, enter into a Fifth Amendment to Lease Agreement to clarify several matters, including that the monthly applicable Use Tax, composed of State and County Use Tax, was to be adjusted on the corrected date of January 1, 2020, from 7.2% to 7% and corrected the date to January 1, 2020, for the new rental amount to 1 Packet Pg. 127 C.3.c 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 X Rent being Nine Thousand One Hundred Ninety-four and 07/100 ($9,194.07)Dollars; and c a� WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly maintenance fee will be adjusted annually by a percentage equal to the increase in the Consumer Price Index for all Urban Consumers ("CPI-U") for the calendar year immediately preceding the anniversary date of the lease term; and WHEREAS, the parties hereto have agreed to the annual CPI-U adjustment of 1.4% percentage increase for the calendar year ending December 31, 2020, with an effective date retroactive to August 12, 2021; and "- WHEREAS,the parties have found the Lease to be mutually beneficial; and WHEREAS,both parties desire to amend the Lease, NOW THEREFORE, IN CONSIDERATION of the mutual promises, covenants, and T agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended, retroactive to August 12, 2021, to reflect the new rental amount based on the current CPI-U increase of 1.4%, and shall read as follows: 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter collectively known as "Rent"), shall include rent, applicable use tax, and a maintenance fee to include the cost of the Lessor providing janitorial services and the opening and 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 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 U) increase To: Monthly Rent: $7,214.95 Monthly Maintenance Fee: $1,602.80 Q Monthly Applicable Use tax: $ 505.05 ** LO TOTAL Rent: $9,322.80 **Current rate as of 01/01/2020: 7% (State and Local) subject to change and rent amount due shall be adjusted accordingly 2 Packet Pg. 128 C.3.c c� 0 3. Except as set:,forth xn Pai*,aph I hereinahave, aU other provWdns:of the-1 ease,;as_ , ,emended not mconsisterit herenjtli;°:"sNatl Terrain rn frill force_anil.hffect col ov Y � S Wk(ERIOF;tlie.parttes:hereto;have"set'thetr'tiands and seals the`day and r first aiwv_ "ritten. BOARD OE.COUNIY CONL�iISSION$RS`, 14Ie117Ok,C LERK OF MONROE CO.i. �1 LESS By E As.Depury Clcrk' IvlayorlChairpe°rson WITNESSES: 1000 ATLEINTIC'BOUI E JOb M A mttad Liability Comrany; LESSEE -. Signature Title Managing Parlcr _ i2c�lt�-C'' �j3�a/ 1t PriritName Date_ Print Name x Signati►ii Print Name " Date ;M,4t�iEC818tiYwlTOfIN�Y50FFiCE. p� R%17 n? $ w= cN ZT "C1LO --i M C U Packet Pg. 129 -'� 1000ATL-01 J C.3.c 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 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 O 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 a DD" RIESS:Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Tokio Marine Specialty Insurance Company 23850 INSURED INSURERB:FHM Insurance Company 10699 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER 7 729 Thomas Street INSURER D: Key West,FL 33040 INSURER E 4- INSURER F: a+ 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS-MADE Xrl OCCUR RES10335-02 10/16/2021 10/16/2022 DAMAGE TO RENTED 100�1 n21 X PREMISES Ea occurrence $ MED EXP An one person) $ 5,1 Approved Risk Management 1,0001 PERSONAL&ADV INJURY $ ' � GEN'L AGGREGATE LIMIT APPLIES PER: #�((' GENERAL AGGREGATE $ 2,000,1 R trX 1,te"� ", X POLICY JJECT1:1 LOC PRODUCTS-COMP/OPAGG $ 1,000,1 OTHER: 10-20-2021 LIQUOR LIABILIT $ 1,000,1 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1100011 Ea accident $ ANY AUTO X RES10335-02 10/16/2021 10/16/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED (� AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE `tl' 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 9= (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 uo 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 U 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. 130 ors C.3.d Kevin Madok, cPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: September 17, 2020 0 TD: Alice Steryou Contract Monitor FROM: Pamela G. Hatic C, Si7$JFLT: September 16' BOCC Meeting Attached is an electronic copy of each of die following items for your handling: 0 C25 5th Amendment to Lease Agreement with 1000 Atlantic Boulevard,LLC (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. Should you have any questions please feel free to contact me at.(305) 292-3.5.50. c� 5 ct: Facilities Supervisor E County Attorney LO 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. 131 C.3.d FIFTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT 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 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"). o 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 0 WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or"Lessee"); and WHEREAS, the parties hereto did on October 20, 2010, enter into a Lease Extension Agreement extending the Term for ten (10) years with a termination date of August 11, 2023 ("Extension"); and WHEREAS, the parties hereto did on September 19, 2016, enter into a First Lease Agreement Amendment which increased the Lessee's leasehold Premises by including in the Premises a previously excluded 115 square feet of storage area that had previously been leased to another entity, Tropical Watersports; and WHEREAS, the parties hereto did on September 19, 2018, enter into a Second Lease Agreement Amendment to abate the total monthly rental payment for September 2017 in the amount of Eight Thousand Six Hundred Seventy-one and 81/100 ($8,671.81) Dollars due to the closure of Higgs Beach as a result of Hurricane Irma damage. This total rent abatement amount was applied as a credit towards the future monthly rental payment due by Lessee; and 0 21 WHEREAS, the parties hereto did on August 21, 2019, enter into a Third Lease 75 Agreement Amendment for an annual CPl-U adjustment of 1.9% and a Use Tax Credit; and 4' N WHEREAS, the parties hereto did on June 17, 2020, enter into a Fourth Amendment to Lease Agreement for the County to abate certain monthly rental payments for the months of ' iVI=n, 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 E WHEREAS, for clarification purposes, the monthly applicable Use Tax, which is E comprised of State and County Use Tax, was adjusted on January 1, 2020, from 7.2% to 7%, which is subject to change periodically, but the Fourth Amendment in Section 2, Paragraph 4, LO 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. 132 C.3.d 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 �? WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly o 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 2.3% percentage increase for the calendar year ending December 31, 2019, with an effective date of August 12,2020; and , WHEREAS,the parties have found the Lease to be mutually beneficial; and 0 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 E is hereby acknowledged,the parties agree as follows: 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 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 c� Monthly Maintenance Fee: $1,545.13 Monthly Applicable Use tax: 500.79 ** 75 TOTAL Rent: $9,001.28 N ** Current rate as of 01/01/2019: 7.2% State and Local subject to change and rent amount due shall be adjusted accordingly E 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. 133 C.3.d Section 2. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is `❑ hereby amended to read as follows: 2 4. Rent Maintenance Fee Tax. The total monthly rental payment (hereinafter collectively known as "Rent"), shall include rent, applicable use tax, and a maintenance o 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. 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 the total monthly rental payments for March, April, and May 2020, due to the closure of Higgs Beach, as a result of CDVID-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 ($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 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 X Monthly Applicable Use tax: $ 498.07 ** 21 75 TOTAL Rent: $9,194.07 cN **Current rate as of 0110112020: 7% State and Local subject to change and rent amount 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: LO 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 $9,194.07 per month, beginning on August 12, 2020, and thereafter payable in advance on or before the first 3 Packet Pg. 134 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. 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 o effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and t above written. E BOARD OF COUNTY COMMISSIONERS' .VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA_. LESSOR O v By: As Deputy/Clerk LM ACJerson Heather Carruthers E i`rESSES: L Atlantic Boulevard, LLC, A Florida Lim' ed Li ompany Signature itle: Managing P er ' C Print Name �ate M igna re n a75 CN ca o Pri ame tDate T MONME COUNTY ATTORNEY%OFFICE _�.. AS PATROA CABLES ArATTOHHEY GATE: E LO E U 4 Packet Pg. 135 C.3.e '• Kevin Madok, CPA ' — Clerk of the Circuit Court&Comptroller Manse County, Florida DATE: August 6, 2020 TO: Alice Steryou o Contract Monitor FROM: Pamela G, Hanco• C. E SUBJECT: June 17'13OCC Meeting Attaclied is an electronic copy of tlje following item for your liandling: 0 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 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 Should you leave any questions please feel free to contact me at (30.5) 292-3.5.50. U) c� x i cN cN i i E E cc: Facilities Supervisor County Attorney Finance File E c� 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. 136 C.3.e FOURTH AMENDMENT TO LE►5E&GREEMENT HIGGS BEACH CONCESSIONIRESTAURANT THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into I- 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 WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its 0 rights, title, and interest in the Lease to 1000 Atlantic Boulevard, LLC, pursuant to an Agreement for Purchase and Sale of Assets dated September 28,2008("Assignment"); and WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to Assignment of Lease,whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant"or"Lessee");and WHEREAS, the parties hereto did on October 20, 2010, enter into a Lease Extension Agreement extending the Term for ten (10) years with a termination date of August 11, 2023 ("Extension");and U) 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 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 i closure of Higgs Beach as a result of Hurricane Irma damage. This total rent abatement amount CN was applied as a credit towards the future monthly rental payment due by Lessee; and Ci 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 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 January 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 c� WHEREAS,the parties have found the Lease to be mutually beneficial; and t Packet Pg. 137 C.3.e 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: 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 0 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- Monthly Rent: $6,955.36 0 Monthly Maintenance Fee: $1,545.13 Monthly Applicable Use tax: $ 50039 Current rate as of 01/01/2019: 7.2%subject to change E TOTAL Rent: $9,001.28 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 i 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, CNi beginning on March 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 (`SCPI-U") for the calendar year immediately preceding the anniversary date. Section 3. As of March 1, 2020, the total monthly Rent would be Eight Thousand Nine Hundred Eighty-seven and 371100 ($8,987.37) Dollars. The County, therefore, agrees to abate the total monthly rental payments for March, April, and May 2020, due to the closure of Higgs Beach, as a result of COVID-19 prevcntative measures, for a total abatement amount of E Twenty-six Thousand Nine Hundred Sixty-two and 111100($ 26,962.l 1) Dollars. 2 Packet Pg. 138 C.3.e 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and rst above written. 0 BOARD OF COUNTY COMMISSIONERS VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA, LESSOR By: By: -5 Deputy/Clerk MaYor/Chai*erso&Xeathcr Carruthers 4- E WITNESSES: LEqL�io ntic ul ard, LLC, Aia ' CCo nyA n By Signature Title: anaging PartneAj U) Print Name Date - G7 �T Cn ra �- Signature 'r A L CD Print Name Date Wi cN MONROE COUNTY AAT URHEVS OFFMX CN 1 i PATRICIA EABLES ASSISTANT 00A7�DRNl:Y DATE: E E c� 3 Packet Pg. 139 C.3.e �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 AMENb, 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. tf 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 +I►CT Linda Regan Insurance Office of America FAX 0 13361 Overseas Highway ACT o EA: UM,NQ Marathon,FL 33050 Lind i.Regan@ioausa.com INSURE S AFFORDING COVERAGE IYAIC a INSURER A:Tokio Marine$ ecia Insurance Com an 23$50 NA INSURED INSURER B:FHM Insurance Company10B99 E 1 DDO Atlantic Blvd LLC dba Salute Restaurant INSURER C 729 Thomas Street Key West,FL 33040 INSURER 0 INSURER E IHaURER F; OCERTIFICATE NUMBER; RE N THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 0 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. INSRLM TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF POLICY E]CP LIMITS A X COMMERCIAL GENERAL LuullLmr EACH OCCURRENCE 1,000,00 CLAIMS-AAAOE X OCCUR X RES1033S-DD 1 011 812 0 1 9 loll 2020 DAMAGE TO RENTED 100,00 MED EXP on PERSONAL& V INJURY 1,000,00 ��EP�'L AGGRE TE UMIT APPLIES PER: GENERALAG RELATE 2,000,DOPOLICY P LI uarLiai]iif LDc PRODUCTS-COMPIOPAGG 1,D00,00 LU OTHER: q ty LIQUOR LIABILIT 1,000,00 ►'� AUTOMOBILE LIABRJTYMBINED SINGLE LIMIT $ 1,000,00 ANY AUTO ]( ES10335-DO 1WIG12DIS 1011M0201 BODILY INJURY Jperaon) _... ° OWNED SCHEDULED Uy I Al1RTEO�8 ONLY ryAUpTNOpSyyryEp BODILY INJURY fF*ecdd*M) S x AUTOS ONLY x AUTOS ONLY UMBRELLA LIAR OCCUR (C EACH OCCURRENCE EXCESS LIAR Cl NMS-MADE AGGREGATE DED RETENTION S ANND ENPS COMPENSATION LOYEW LIABftM X PERIA TI-F ANY PROPRIETORIPARTNERIEXECUTIVE Y O N 30600058172020A 111/2020 1/1/2021 I100,001 FIC� FIMBER EXCLUDED? N 1 A E.L.EACH ACCIDENT 11�. to NN�NII E.L.DISEASE-EA EMPLOY 100,00 D}ws RIP -TIOeu9O 500,OOi DESCRIPTION OF OPERATIONS bWow E.L.DOS EASE-POLICY LIMIT CD C'J DESCRarnON OF OPERATIONS 1 LOCATRNOS I VEHICLES(ACORD 101,Additlonal RanWk: COI 8cMduk, 6e attaehEd Itmorc space is requlnd) Monroe County BOCC Is additional Insured with respect to general liability and autoliability E ey CERTIFICATE HOLDER NCEL ON WAW ma SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELrvERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C) Monroe County BOCC AUTHORIZED REPRESENTATIVE Insurance Compliance PO Box 100085-Fx ACORO 25(2016103) 01988.2015 ACORD CORPORATION. All rights reserved. The ACORb name and logo are registered marks of ACORD Packet Pg. 140 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN p� W DATE: September 25, 2019 .2 TO: Alice Stervou Contract Monitor 0 FROM: Pamela G. Hancock, D.C. a� SUBJECT: August 21" BOCC Meeting Attached is an electronic copy of the following item for your handling: C38 3rd Lease Agreement Amendment for 1000 Atlantic Boulevard, LLC (Salute ,0 Restaurant) for a 1.9% CPI-U adjustment of the monthly rent and a Use Tax Credit. E Should you have any questions,please feel free to contact me at (305) 292-3550. 9= E V- N N 00 E cc: Facilities Supervisor cam, Countv Attornev Finance E E File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 141 C.3.f THIRD LEASE AGREEMENT AMENDMENT HIGGS BEACH CONCESSION/RESTAURANT 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 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 0 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 Sate 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, E 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 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 N closure of Higgs Beach as a result of Hurricane Inma damage. This total rent abatement amount N was applied as a credit towards the future monthly rental payment due by Lessee; and 00 WHEREAS, the Lease, as amended, provides in paragraph 4, that the rent and monthly E 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 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 E c� WHEREAS,the parties have found the Lease to be mutually beneficial;and WHEREAS,both parties desire to amend the Lease, t Packet Pg. 142 C.3.f 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: Section 1. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, as amended, is hereby amended to read as follows: . 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter 0 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 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. Monthly Rent: $6,955.36 0 -rr Monthly Maintenance Fee: $1,545.13 coo rn Monthly Applicable Use Tax: $ 500.79* a r-r, --0 i N. -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 monthi'jti 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. , N 00 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and first above written. a F \' BOARD OF COUNTY COMMISSIONERS j 1N MADOK, CLERK OF MONROE COUNTY, FLORIDA E OCT CCYNT+ y. Deputy/Clerk Mayor/Chairperson MONROE COUNTY ATTORNE`d'S OFFICE AJ�pROVED AS-TOt� ;;77ttfli r 2 PATRICIA EABLES ASSf5fiANr OUj�fTYt'tJRNEY DATE: fL��.. Packet Pg. 143 WITNESSES: 1000 ATLANTIC BOULEVARD, L C A FrIll ility Co an .2 By: C j Title: m Signature Title: ManagingPartner 0 --`Print L Date r I Sign tune I Print me Date w U) CN CN co E E M E 3 Packet Pg. 144 C.3.f --1. 1QOMTL-01 CA. ACORO' QaTEtraanofrYYn CERTIFICATE OF LIABILITY INSURANCE 81211not9 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 CONswnM A CONTRACT BETWEEN THE ISSUING WSURER(S),AUTHORED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(Tes)must have ADDITIONAL INSURED Provisions or be endorsed. tifi If SUBROGATION IS WAIVED, sabjeet to tha farms and eondsons of the policy,oeftaifr Polick s may require an endoraemenL A statamud on thb eert Beata does not confer -buts tothe chWeNtee0e holder In free of such.ondbfSdmd s PROIXICER cr Rick Alim tnsivance Oificb of Amwi_ca.Inc vHoxfi FAX O 13361.Overseas It -- Marathom FL33M - raiken@keysigstimnce.com as 1 f - -AFPOR0MCaWERAGE :tll{TCO - iNl:rwaeA:Toklo Mattlte S -ITisDrance CoRam23850 j WSUREI) - _Be. 1000 Atlantic Blvd LLC -I SURERC-• 729 Thomas street Key west,FL 33040 °�'T�e 090At3LE• RISURER F: COVERAGES CERTIFtGATE UMBER: REVI510N. 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 O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUWECTTO ALL THETERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS...... LTR TYPEOFaSURANCE POLICYNUIBER Pm=VEFF POLWEXP LIIOIS A X COTULHiCIALGEIfERALUABUTY CHOCCUtiRS{CE i �,1�,9� CLAIMSMADE X OCCUR DAMAGETORt3TTED ,00,000 ❑ X RES1ao87-00 10/16/2818 10116=19 - : 61ED E76� ore s 51000 PERSONAL a ADV IMAM S 110KO O PTPAGGREGMEUWTAPPU:ESFb't'' �GBdERALAGGREGA7E 'sz eaON OLICY❑'ACT' O LOC PRODUCTS-COAW10PAGG S 1.BTtB,BIIO 09 rRER: uLla„rtlahil'dy i 1.000,oDO A 'AUTOMOBILELLLBalrY - - .COAIBINEDSOR ELAIrr ANYAUTO 1008T-00 IOIIGF2018 1011612019 -BODILY auuRr �s - - OVTIIED SCHEDULED - AUpTUSONLY AAUUT�O.pSWN�p LL. URY 'S _ X VY AUTOS ONLY X' AUTOS ONLY 'E i - U) UMBRELALWB OCCURS. _ '.r EAC.00CURRENCE S _ EftessuA6 _ CLAIMSaIrNIE }3t1)�' AGGREGATE i D®- RETENTIONS VK B@LOYHf jjjlL I= .. PER OTw --- AgLN�FY( ifiN FIEACHACCIDEM _ _sPROPHIEL LAAPSr7CnY ❑ NIA s WAIV — ELOISEASE-EA i riO3LIbG vdv- _. 113ISCRIPTION DFOp9M-nONSbebw. _ _- E.L D-LSBASE-POUGIV I kQT 'S N 00 0IRBI0710ROF0PF3iJ1710lS1LOCA1LO1S1YL7RCLFSIACOR6101.Ad milRaatddSdrcCsa4RvlbeattegledCmamapaecIsta reQ1 ' The eeT@fteatg bolder m a raffled addiUoDal Tnauted on the general RabUty:poRcy: The General Llab ft Policy has Hired 8 Nun*wmed-Am F0m1#PIC41a114008(IR13)WS$1,01110.0131)EaCh Occurs M e L.hrdt and$1,000,000 Aggregate limit i i i 4 GERTIFiCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VAL BE DEUVMED IN U ACCORDANCE WITH THE POLICY PROMMMS. Monroo CouTIty Beard of County Commissioners 'AUTHORMEDREPr MMITATI E i1005irTiont.JMQet ACORD 25(2016103) ©INS 20�16 ACORD CORPORATION. All fights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 145 C°UR" 00 o: Kevin Madok, CPA .. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida •ROE COUNT. Y1 p� W DATE: October 26, 2018 .2 TO: Alice Stervou Contract Monitor 0 FROM: Pamela G. Hancock, D.C. a� SUBJECT: September 19' BOCC Meeting Attached is an electronic copy of Item C11, Second Arnendment to Agreement to abate a the rent for September 2017 for 1000 Atlantic Boulevard, LLC (Salute Restaurant) due to the closure of Higgs Beach from Hurricane Irma in amount of$8,671.81, for your handling. ,0 Should you have any questions,please feel free to contact me at ext. 3550. Thank you. E 00 - N cc: Facilities Supemsor County Attorney ' Finance File 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. 146 SECOND LEASE AGREEMENT AMENDMENT HIGGS BEACH CONCESSION/RESTAURANT THIS SECOND LEASE AGREEMENT AMENDMENT is made and entered into on 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"). WHEREAS, on May 21, 2008, the County and Key West Hospitality, LLC, the predecessor in interest, entered into a Lease Agreement with a five (5) year term, which Lease included a Revised Exhibit "A" dated June 11, 1998, identifying the leased Premises ("Lease"); and WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its rights,title, and interest in the Lease to 1000 Atlantic Boulevard, LLC, pursuant to an Agreement for Purchase and Sale of Assets dated September 28, 2008 ("Assignment"); and WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or"Lessee"); and WHEREAS, the parties hereto did on October, 20, 2010, enter into a Lease Extension Agreement extending the Term for ten (10) years with a termination date of August 11, 2023 ("Extension"); and WHEREAS, the parties hereto did on September 19, 2016, enter into a First Lease Agreement Amendment which increased the Lessee's leasehold Premises by including in the Premises a previously excluded 115 square feet of storage area that had previously been leased to another entity, Tropical Watersports; and WHEREAS, the Lessee has requested and the County has agreed to abate Lessee's00 monthly rental payment for September 2017 due to Hurricane Irma closures; and cN 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: N Section 1. Pursuant to Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease, Lessee 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. 147 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 by Lessee. Section 2. In all other respects the terms and conditions of the Lease, as amended, shall remain in full force and effect. uIN 7NESS WHEREOF, the parties hereto have set their hands and seals the day and �,,Yd r first abav ritten. y� r t rk (SE AL) �-�� ja� BOARD OF COUNTY COMMISSIONERS f Attest.,.:KL-OVVIADOK, CLERK OF MONROE COUNTY, FLORIDA /0� By. By. Deputy/Clerk Mayor/Chairperson 0 WITNESSES: 100 C BOULE ARD, LLC Co- /tea/ gy. l�..J. Signature Title: Managing Partner Print Name Date T Signature 00 CN MONROE COUNTY ATTORNEY'S OFFICE Print Name Date APPSOV5DAST F R �� PA RICIA EABUES U) ASSISTANT COUNTY&7TORNEY t)ATE: E 1D 4: o C3 _ . �-? cN is E LL- CM LU Cj C� 4 Q= N O 2 Packet Pg. 148 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-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.holderIs 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 endorsements. PRODUCER I CONTACT Linda Regan Keys Insurance Services a Division of IOA PHONE � FAX P.O.Box 600280 (A/c,No,EA): t Lq.No): Marathon FL 33050 E.�yAIL Linda.Re an/�roausa.com ' �AoQIiEss: g @i ----- I INSURER(S)AFFORDING COVERAGE NAIC le 1 INSURER A:Tokio Marine Specialty Insurance Company 23856 INSURED INSURER B: _ 1000 Atlantic Blvd LLC INSURER C: 729 Thomas Street I INSURER D Key West,FL 33040 -- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR I - TYPE OF INSURANCE ADDL UBR POLICY.NUMBER POLICY EFF POLICY EXP LTR LIMITS A X I COMMERCIAL GENERAL UABILITY I 1,000,001 � I EACH OCCURRENCE $ CLAIMS-MADE �OCCUR X I DAMAGE TO RENTED 100 001 RES10087-00 10/16/2018 10/16/2019 49��(�assPuAenceL $ 9= MED FRCP one parsnnl $ 51001 PERSONAL&ADV INJURY $ 1,000,00I GEN'L AGGREGATE2,000,001� LIMIT APPLIES PER: GENERAL AG ORE $ _ X POLICY l_;%& 171 LOC PRODUCTS-COMP/OPAGG $ 1,000,001 OTHER: JLIqourLiabIIIty $ 1,000,001 AUTOMOBILE LIABILITYT COMBINED SINGLE LIMIT ' (BK (Est�Eci�eM.ANY $ OWNED O SCHEDULED APP EO) BODILY INJURY Per person) $. AUTOS ONLY AUTOS f t3Y ` BODILY INJURY(Perac ldent)1$ AUTOS ONLY AUTO ONLY D �a�R tDAMAGE U) DATE I UMBRELLA LIAB I I OCCUR WAIV EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ `$ WORKERS COMPENSATION IPER OTH- AND EMPLOYERS'LIABILITY YIN S TAM E I -_ER 00ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT WQpaFn' ER'MEMgER EXCLUDED? NIA I� CD — (Ivlandatory In NH) � E.L.DISEASE-EA EMPLOYEE$ tf yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ OS DESCRIPTION OF OPERATIONS I LOCATIONS!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. E c14 - CERTIFICATE HOLDER CANCELLATION c) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOFi- NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVISIONS. 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. 149 C.3.h AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER0 MONROE COUNTY,FLORIDA E DATE: October 28, 2016 TO: Doug Sposito, Director 0 Project Management ATTN: Alice Steryou E FROM.• Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller 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 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. 150 C.3.h FIRST LEASE AGREEMENT AMENDMENT HIGGS BEACH CONCESSION/RESTAURANT 0 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, 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 WHEREAS, Key West Hospitality, LLC, the predecessor in interest, assigned all of its rights, E title and interest in the Lease, to 1000 Atlantic Boulevard, LLC pursuant to an Agreement for Purchase and Sale of Assets dated September 28,2008 ("Assignment"); and WHEREAS, the parties hereto did on the October 15, 2008, enter into a Consent to Assignment of Lease, whereby the Lessor agreed to the Assignment to 1000 Atlantic Boulevard, LLC ("Tenant" or "Lessee"); and WHEREAS, the parties hereto did on October, 20,2010 enter into a Lease Extension Agreement extending the Term for ten(10)years with a termination date of August 11,2023 ("Extension"); and U) 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 C14 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, 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: Section 1. Paragraph 2, Premises, of the Lease is amended to read as follows: U) 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. ra Section 2. Paragraph 4, Rent, Maintenance Fee, Tax, of the Lease is amended to read as follows: E c� I x Packet Pg. 151 C.3.h 4. Rent,Maintenance Fee,Tax. The total monthly rental payment (hereinafter collectively 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 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 0 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 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 E above written. BOARD OF COUNTY COMMISSIONERS 1 st: Y HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA g Q ffY7 B epu /Clerk Mayor/Chairperson, s Gore ESSES: 1000 At nt Boulevard, Signature Title: Managing Partner GAL t?l4 CN Print Name J Signature 3 `z E Print Name o CD N 7C r j This docum was pr ared and approved as to form by: ! C- , ,1 C. Rend Rogers, E . Date co Assistant County Attorney Florida Bar No.: 0101178 iz P.O. Box 1026 Key West, FL 33041-1026 (305)292-3470 E c� 2 Packet Pg. 152 C.3.h otiI b- is �.�iu.a(r •AR.sA �r�' i a+ 7cs.c sQ.FT. 9` 0.1 sq•FT• t� SQ•FV. v aAT .-L poa..✓ dao �- / •(WiX �Br-!o r Q'l�• 5q-FT1�i(ct�E+-. ARr t 8�0.' 8 .J(N� s s(R.Fr. e It1na t.k e0sa �lJ '� N (s-vti.-tom+ °D 1?fi 17? ti --tf LO 5Q.FT SQ.FT. li`i•G So.�Y. 18Y.6 sotT. To-(+� tSStcAB1 54wkR¢ FecT 3,q aQ �AclliT� Cab¢�ACt.s .ter I...cl,.�ptD� sctT, y'IZ� I I*I? rta - `i-n-95 S�AI� 1-0 a.T ro S'Al� '-Aug kcNq-l) v (SE U) EXHIBIT Packet Pg. 153 C.3.h HIGGS BEACH CONCESSION REVISED AUGUST 24TH 2O16 '�}• • MONROE COUNTY PROJECT 0 • OUTSIDEDINING MANAGEMENT •192 SF � Y•�«,•'�•. ..o•�...w.?�y,`a�'+vim':•.::•;• "DINING AREA 387.2 SF�:;: ':.• •.. DINING AREA 763 SF TAKEOUT DINING DINING AREA 940 SF _ ,375.4 SF ,ram• ��i�'.•�!�t � 38'-10" KITCHEN AREA 540.8 SF x !� 15' STORAGE ao MEN OMAN COOLER 115 SF N 177 SF 77 SF OFFICE 114.E SF , �184.6 SF ;wit :!' :i+ .:+•..•:.}f,!' a •:..�•-.Z . 'f 1 t ADDITIONAL 115 SF TOTAL USABLE SF PREVIOUS: 3,928.3 TOTAL USABLE TO INCLUDE 115 SF OF ADDITIONAL STORAGE:4,043.3 SF c� EXHIBIT" Packet P k . 1 g 54 C.3.i BOARD OF COUNTY COMM1SSIONERs Mayor Sy 1via J.Murphy,District 5 i Mayor Pro l ern Heather Carruthers,District 3 COUNTYsvFLORIDAONROE � �.•rr' Kim Wigingts�n.District I KEY WEST 33W George Neugent.District (305)294•4641 Mario Di Gennaro. District 4 2 n Public Works Division 0 Facilities Maintenance Department 1100 Simonton Street, #3-284 Key West, FL 33040 Phone: (305)292-4549 Fax: (305)295-4349 - November 1.5, 2010 Mr, Richard Hatch,Manager/Member E 1000 Atlantic Boulevard, LLC 729 Thomas Street Key West, FL 33040 RE. Lease Extension Agreement Higgs Beach Concession/Restaurant- Salute U) 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. cs X Sincerely, .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. 155 C.3.i LEASE EXTENSION AGREEMENT HIGGS BEACH CONCESSIONIRESTAURANT F 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. 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 0 attached hereto and made a part hereof;and E 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 inspected all of the additional capital improvements; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parries agree as follows: e I. The term of the original lease is hereby extended 10 years and terminates on August 11, 2023. 0 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. E c� t Packet Pg. 156 C.3.i 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 HAAGE, CLERK OF NIONROE COUNTY,FLORIDA . , By - � By Mayor/Chairperson 1000 ATLANTIC BOULEVARD, LLC . By�lc�` Witnesses Title: 0 ulCE RE DEN7— E This do cu ent was pre7=� oved as to form by: Z � Pe a 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 Packet Pg. 157 DATE[ (i.3.1 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 P.O. Box 500280 ! Marathon FL 33050-0280 j RE"t fl ING OVERAGE NAJC III INSURED INSURER A Lloyds of radon I- -- -�'y - - - -------- - -- 1000 Atlantic Blvd LLC, DBA: Salute Reo our t�elkIL URERj.r20'j'ff06 ita ity Mutual Ins Cv 729 Thomas S tree t : INSURER C: O 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 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 SEE REDUCED BY PAID CLAIMS. R ADD.C. - - - ------ -------- •--N- — POLICY EFFECTIIPE 's POLICY EXPIRATION LIMBS POLICY NUMBER CIA YYWI, GENERAL UAMUTY I EACH OCCURRENCE..-- - 5-.- 1,009 .0 , I ---, I f-DADA -TgiFEirTE6 � � ,XE CC_AAMI:RCLAL..GENERAL LIABILITY y PREMI*f£$_(Eaoccu-]encaj_+S _- _ 500, A R I CLAIMS MADE R„j OCCUR ARFZ6e2981O 10 f 16 f 2010 10]16/2011 MEO E7iP[Any one perecn] 3 11 0- PERSONAL BADVINJURY i i1000,0. � GENERAL AGGREGATE^ '$_ _-..2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER PRCIDUOTS-COMPIOP AGG Z5 l,,O O U,A I R POLICY PRO - LOC ! _ --- - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ta accident} ANY AUTO ---- -- -- '"ALL OWNED AUTOS BODILY INJURY ffi SCHEDULED AUTOS (PprP—) - {HIRED AUTOS BODILY INJURY ffi LU NON-OVMED AUTOS 'r ' 'r - (PBr eGddBflq 8 `' PROPERTY DAMAGE S (Per ea�denp ..� GARAGE LIABILITY AUTO ONLY-EA ACCIDENT !$ {ANY AUTO OTHER THAN EA ACC S AUTO ONLY:. - AGG 15.... ----- - EXCESS!UMBRELLA LIABILITV EACH OCCURRENCE $ OCCUR L CLAIMS MADE AGGREGATE - -- 5 - ----- I- -�$ -- DEDUCTIBLE ! I RETENTION S { �WORKERS COMPENSATIONCOMPENSATION— I WC STATU OTH- ANO EMPLOYERS`LIABILITY YIN _ TORY.UMLTS..,- ANY PROPRIETOFUPARTNERIEXECUTIVE E L EACH ACCIDENT _ $ 100,_0 OFFICERIMEMBER EXC:LUOEp? - -�— - jMandacrVInNH) ElWC30600058172010 1f 1/2010 1/1/2011 I EL.DISEASE EAEMPLOYEq 5 1091 Ifye s,da edn under ! SPECIALPROWSIONSbalaw - ! E-L.OISEASE-POLICY LIMIT•.S 500. 4 CN OTHER O U) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS A DOE D BY ENDORSEIMENT I SPECIAL PROVISIONS X LU U) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC Monroe County Board of County Co maissione DATE THEREOF,THE IHG INSURER'WILL,ENDEAVOR TO MAIL 10 DAYS WRI714 Y. 1100 Simonton. Street NOTICE TO THE cp Fj1gAT/TE HOLDER NAMED TO THE LEFT"BUT FAILURE TO DO 30 SHAI ' Rey Meat, FL 33040 IMPOSE NQ O OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS C EPRESEN ES. L) A E ES TATIVE (0 ACORD 25(2009101) V 1988-2009 ACORD CORPORATION. All rights reserve INS025(2wwi) The ACORD name and logo are registered marks of ACORD Packet Pg. 158 3 Policy Number:8704327227201 ":"'"••"`�`°fflim"yFLOOD POLICY DECLARATIONS Liberty American Select Insurance Company Type: Renewal To report a claim call: (800) 759-8656 Policy Period: 10/16/2010 To 10/16/2011 These Declarations are effective Form: General Property as of: 10/16/2010 at 12.01 AM O - Producer Name and Mailing Address: Insured Name and Mailing Address: XEYS INSURANCE SERVICES INC 1000 ATLANTIC BLVD LLC PO BOX 500280 729 THOMAS ST y? MARATHON, FL 33050-0280 KEY WEST, FL 33040.7334 rQi W 32 Agent/Agency#: 2921 Processed by: Reference#:OB4*3 Op807-000 Flood Insurance ProcessingCenter Phone* {305) 143-[1494 P.O. Box 2057 Kalispell MT 59903-2057 O 4- Insured Property Address: Coverage Limitations May Apply, Refer to You 1000 ATLANTIC SLVD Flood Insurance Policy for Details. KEY WEST, FL 33040-4852 Building Description: Premium Payor.. insured Non-Residential Rated Zone: vE Current Zone: One Floor I ": Slab on Grade Community Number-1Z 0168 1516 K RESTAURANT 0. Community Name:KEY WEST, CITY OF Grandfathered: No Pre-Firm Construction Replacement Cost $596,250 Program Type: Regular Number of Units: 1 U) Type Coverage Rates Deduct Utz Sub Toted Premium Calculation m Building: 200,000 1.100 / 2.560 5,000 zs7 z00,167 Premium SUl3t04L 5,46_ _. Contents: 1501000 2.140 / 4.700 1 5 000 225 150,225 'CC premium; 7L Contents CRS Diaoount Location: Lowest Ploy Only Above m Ground Levgl Fedend Policy Fee: 4( Probation Surcharge: Endorsement Amount: Total Premium Pair 5,573 c14 First Mortgage: Third Mortgage: � TIB BANK MONROE COUNTY SOCC g PC BOX 2808 1100 SIMONTON sT U) O KEY LARGO, FL 33037 KEY WEST, FL 33040-3110 be U) Second;Mortgage: Fourth Mortgage: p i 'Phis Declaration 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. Pm sieirat secretary 07043272272010 09!/14/2010 1.i'n�rr.R nw.a,,.In..... e��,.-. r.,.,.,�_.,..- -•,•• Packet Pg. 159 t� 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 INSURED NP-4E ANT' ADDRESS <"'CITIZENS THIS IS A 1000 ATLANTIC BOULEVARD, LLC GENERAL BUSINESS 729 THOMAS ST KEY WEST, FL 33040 c' POLICY TERM 10/16/2010 TO 10/16/2011 AT 12:01 A.M. (EST) CITIZENS POLICY NO. 1473301 INCEPTION DATE EXPIRATION DATE This is your Policy Declaration Page - This is not it Sill-1)U NOT PAY 0 PAG E ItemAMOttNT OF INSURANCE Percent.U of DEDUCTIBLES No. Bisila�nq Can tents A°ilicableg Terrirory Fremiuia P E MORTGAGEE/LOSS PAYEES: 0 I TIB BANK OF THE PL KEYS ISAOA P Cl BOX 280 KEY LARGO, FL 33037 LOAN #141419529156 2 MONROE COUNTY BOCC (LOSS PAYEE) 1100 SIMONTON ST KEY WEST, FL 33040 U) c' Total Coverage: Pti memt Plan: 'fatal Premium: CN 0 U) Subject to Fora No.(8). CIT CP2 01 10 CNRW 01 10 01 10 CIT 18 18 01 1.0 _ Mortgagee/Lass Payee: 6 w a� Agen i.: Pa yor; KEYS INS SERVICES, INC. 5017 INSURED = P.O. BOX 500280 _ MARATHON, FL 33050 Irate: 9/13/20.10 — (305} 743-t7994 CIT W03-CNU 01 1.0 501']6 Team 3 MORTGAGEE COPY -02 QSY R 40 Packet Pg. 160 as 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.3A 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, Jacicsonvillc,Florida 32216-0973 INSURED NAME AND ADDRESS A"6,kITIZENS THIS 13 A � 1000 ATLANTIC BOULEVARD, LLC GENERAL BUSINESS 729 THOMAS ST cc KEY WEST, FL 33040 POLICY TERM 10/16/2010 To 10/16/2011 AT 12.01 A.M. (EST) CITIZENS POLICY NO. 147330.1 0 INCEPTION -DATE EXPIRATION DATE This Is your Polley Ueelarstion Page - This Is not a Bill-DO NOT PAY - �f+y PAGE TLem Ccinsnl Of TdriGe IIMUCTIBLLS NO... $uil[1lRQ .Contents A lt pplic .. TBT'Tj.�BTy Nremium a+ cah7e a 0 E s $ rt s s 1 351, 000 80 10, 530 T--86 2, 381 150,000 80 4,500 T-B6 933 ONE STORY MASONRY RESTAURANT BLDG £ CONTENTS NOT TO 0 INCLUDE FABRIC CANOPY LOC: 1000 ATLANTIC BLVD KEY WEST, MONROE FL 33040-4852 � 2 58,000 0 80 1,740 T-86 393 E ONE STORY MASONRY RESTAURANT AUXILIARY BLDG o -c) f r C C, Q Total.Cove 5559 llQb Payment Plan: ftll Ry Total Premium: $4 469 c14 Premimn Amcent $3,707 2005 Citizens Property InsuranceCurporaticm limer9mcy A mcssment $52 m 2 F_ Tax Excmpt Surcharge $65 200 Florida Hurriame Catastrophe Fund(FHC F)Emcrgmcy As*m ncnt $3] -U) Catastrophe Rcinsurancc Surcharsc $5 5 6 2t]07 Florida Insurance Guaranty Assmiat ion Rcgular Ass►lament $16 xr 2009 Florida insurancuGuaramy Assoc imiun RcgularAgent $36 r Subject ro Form Ra(s): o Mortgagee/Loss Payee: +rr MORTGAGEE/LOSS PAYEES LIST ON ADDITIONAL PAGE ; ER Agent: Payor: r KEYS INS SERVICES, INC. 5017 INSURED P.O. BOX 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 4n Packet Pg. 161 • C.3.j CONSENT TO ASSIGNMENT OF LEASE c� This Consent to Assignment is entered into this _LCj day of Q C1 o 2008, by and between Monroe County, a 0 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 : 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 E Act ("ADA") modifications and capital improvements having been completed pursuant to the Lease Agreement . The original agreement is attached and incorporated g' 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 Agreement for Purchase and Sale of Assets dated September 28, 2008, of the restaurant business which agreement includes an assignment to Assignee of all 0 the Assignor' s rights, title and interests in the Lease Agreement . a 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 t0 Stipulated Settlement in Case No. 08-10007 filed in 00 the United States District Court as incorporated in Q paragraph 3 (i) of the Lease Agreement . ` 5 . The Lessor, Monroe County, agrees to the assignment of the Lease Agreement from Key West Hospitality, g y LLC, to E 1000 Atlantic Boulevard, LLC. Packet Pg. 162 C.3.j IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date first above written. 2 BOARD OF COUNTY COMMISSIONERS ATTEST ,.` Y;" L 1;HAGE, CLERK OF MONROE COUNTY, FLORIDA B Y. f` l- O B d Deputy `° r Mayor Mario Di Gennaro (SEAL) 0 E KEY WEST HOSPITALITY, INC. 1000 Atl ntic Bo levard, LLC Lessee/Assignor Ass i ne g' BY- ` BY: FRA CIS ZON RICHARD HA CH nage / tuber Manager/Member 0 U) 4- 0 E D AS 0 U .,. J. ERCADO *tr- .--ASS STANT CO NTY ATTORNEY t��//�� © ca r� Date lJj� cd '"- 00 c14 LO E c� Packet Pg. 163 C.3.k LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT E 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, FL 33040, hereafter "County" or "Lessor", and Key West Hospitality, LLC, whose address is 0 1002 Fleming Street, Key West, FL, 330040 hereafter, "Tenant" or"Lessee" this � day of Yly 7 , 2008. E 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 0 made a part hereof; and 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, E 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 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 U) WHEREAS, the predecessor in interest exercised his initial option to renew the Original 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 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 00 filed against the Lessee citing ADA deficiencies on the leasehold premises at 1000 Atlantic N Blvd., Key West, Florida; and LO 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 approval �E 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. 164 •. C.3.k 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 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 modifications; and c� 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; 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 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 E 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 i7u , in Exhibit"A" attached hereto and incorporated herein. 3. I'erm 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, 00 patio area and accessible bathroom. c) Install proper door hardware on all entrance and public doors. V- d) Provide accessible tables in all dining areas and bar area with proper signage LO indicating accessible tables. e) Provide an accessible route from the bar/restaurant area to the restaurant 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. 165 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 striping and signage of the accessible parking space creating an accessible route to the restaurant and relocating bicycle racks to prevent encroachment into the accessible route. ii)Upon completing the ADA compliance modifications listed above, Lessee anticipates completing additional capital improvements estimated to cost $125,000 as listed below; 0 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 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 in 2008-2009. E 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 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. 4. Rent, Maintenance Fee, Tax. The total monthly rental payment (hereinafter 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 0) 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 00 preceding the anniversary date. N It- 5. Termination. This Agreement may be terminated at the discretion of the Lessor in the following circumstances: a) Lessee fails to pay the rent when due; 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. 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. 166 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 terminate the Lease in its discretion. If it shall be necessary to employ the services of 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. 6. Lessee Covenants. Lessee covenants and agrees as follows: 0 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 0 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. 00 b) relocate the bicycle racks to prevent encroachment into the accessible route leading to any accessible entrance to the restaurant. LO c) to establish a policy of enforcement if cars are improperly parked to notify the car owner or have the vehicle towed pursuant to F.S. See. 316.1955(1)(a) 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. 167 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. B. in case of any attempt to place a mechanic's lien on the leasehold premises, the 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 Bever_ases. 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. 11. 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 any manner whatsoever the leasehold property, nor any portion thereof, for purposes 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 (n 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 any00 part thereof by Lessee. CN T- 14. Limitation of Lessor's Liabili . It is further agreed that in no case shall the Lessor 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 Agreement accruing, for the act, or breach of covenant, for which damages may be 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. 168 '• C.3.k 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 covenant. 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 promulgated and enforced by the Lessor at the beach. 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. 0 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 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 E at all times and must meet all requirements for food handling as required by the Monroe County Department of Health. 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 00 the Lessee. The Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to property or person on the premises. V_ LO 21. Damage to Leasehold. In the event that the demised premises, or a major part thereof are destroyed by fire, storm, or any other casualty, the Lessor at its option and E 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. 169 C.3.k 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, Lessee agrees to assign its right to the insurance proceeds to the Lessor. If insurance 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. 0 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 E 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 anyCO Earlier termination of this Lease Agreement. CD CN V- CN 25. Insurance Requirements. Lessee shall obtain and maintain at it's own expense the LO CD insurance coverages listed in exhibit B. 26. ]Books Records and Documents. Lessee shall maintain all books, records, and 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. 170 Agreement for public records purposes during the term of the Lease Agreement and for four years following the termination of this Lease Agreement. 27. Governing Law, Venue, Interpretation: This Lease Agreement shall be governed 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. 0 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. 27. Entire Agreement. This writing embodies the entire agreement and understanding 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, 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 T 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 0 1:ees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease Agreement 00 shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. LO 30. Binding Effect. The terms, covenants, conditions, and provisions of this Lease 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. S Packet Pg. 171 C.3.k 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 proposals, and funding solicitations shall be approved by each party prior to 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. E 35. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination 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 W 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 E 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 0 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 00 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, T relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of LO the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with 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. 172 C.3.k 36. _Covenant of No Interest. Lessor and Lessee covenant that neither presently has any 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 each is to perform and receive benefits as recited in this Lease Agreement. 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 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 0 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 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. 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, (n 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, 00 agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease Agreement within the V_ territorial limits of the County shall apply to the same degree and extent to the LO performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 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. 173 • ' C.3.k 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. 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 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. U) 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. (n 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. 174 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above..written. (SEAL) BOARD BOARD OF COUNTY COMMISSIONERS ATTES AGE, CLERK OF MONROE COUNTY, FLORIDA By D uty Clerk Mayor/Chairperson KEY WEST HOP Y By Witnesses Titlr7! agingtartar E This document was prepared and a proved as to form by: E Pedro J. Mercado Date Assistant C Attorney Florida Bar No.: 0084050 P.O.. Box 1026 Key West, FL 33041-1026 (305) 292-3470 00 • tV c14 V— c14 E c� 12 Packet Pg. 175 - � . ' fir.:;_ - • pia.tL _ Dw'wlr hRV-k f92 sv.F'f CA --•�-�-...-.c- � cis US. U,.+tQ(w- ARwA 9'io•i S�.FS. � li.l�•w•T �/ a Cl Cl } " SIR .arr 3B-f0' 9-10� EZ �i Tcl wjs ARC A u $•o �n SYD.8 SQ.FT. 29 • fro' ,,,�.�•, � '� f?7 f72 o�g�eb e.ouFs �- �•fT- SQ.}^-{'. i l'{•L Su.�7. l e'1.6 SopT• = _ ToT•�-• J,sxA� Sgd.Ne�Fiac-T �, o p l c L,G F3<�ret1 , btlY. S�-rx l i�l7 00 CD CD a � r �E �I�J�� Lof Ilg � \ c14 V- c14 to CD EXHIBIT Packet Pg. 176 r C.3.k 2005 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Organizations/Individuals UeasingCounty-Owned Property 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. 0 4- 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. 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 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. The Organization/individual shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or E • 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, 00 material change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. cN cN 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 contract or imposed by law. c� 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. Administration Instruction #4709.6 EXHIBIT 29 Packet Pg. 177 C.3.k 2005 Editinn 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. c2 0 0 E E t) en t) 00 cat T- cat LO E c� Administration Instruction #4709.6 30 Packet Pg. 178 2005 Hition ALL RISK PROPERTY ® INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY BETWEEN o 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: 0 Fire Li tin Vandalism E Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood 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. U) 0) E 0) U) 00 It- E c� i Administration instruction #4709.6 31 Packet Pg. 179 C.3.k i 2()05 Fditinn GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY 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 General Liability insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: 0 • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage • Fire Legal Liability(with limits equal to the fair market value of the leased property.) The minimum limits acceptable shall be: T $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: U) $100,000 per Person $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 reported should extend for a minimum of twelve E (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 cN V- cN LO E c� Administration Instruction 32 #4709.6 Packet Pg. 180 C.3.k i 2005 FAtilion VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR LEASESIRENTALS OF COUNTY-OWNED PROPERTY BETWEEN o MONROE COUNTY, FLORIDA AND - - Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the OrganizationiIndividual 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: 0 • Owned, Non-Owned, and Hired Vehicles Physical Damage Protection (if the leased property is a County-owned • vehicle) E The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) w ACV for Physical Damage , If split limits are provided,the minimum limits acceptable shall e: $ 100,000 per Person $ 300,000 per Occurrence $ 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 o E County Commissioners shall be named as "Loss Payee" with respect to the physical damage protection_ U) 00 cat T_ cat LO 4i E c� Adriiinismtion instruction 33 ##4709.6 Packet Pg. 181 C.3.k 1996 Edition LIQUOR LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN o MONROE COUNTY,FLORIDA AND Recognizing that the work governed by this contract involves the sales and/or distribution iabiii of alcoholic lim is beverages,the Contractor's General Liability Insurance policy shall Include Liquor equal to those of the basic coverage. E A separate Liquor Liability policy is acceptable if the coverage is no mo re restrictive than e � Contractor`s General Liability policy. E The rvlonroe County Board of County Commissioners will be included as Additional Insured if a separate Liquor Liability policy is provided. E 00 cN cN LO 4i E c� GLLIQ Administration Instruction 59 #4709.2 Packet Pg. 182 C.3.1 CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS POLICY NUMBER: 00039887-9 POLICY PERIOD FROM 10/16/2022 TO 10/16/2023 2 at 12:01 a.m.Eastern Time Transaction: RENEWAL CNR-W Pay Plan: Citizens Full Pay Bill: Insured Billed Named Insured and Mailing Address Agent FI.Agent Lic.# , 1000 ATLANTIC BOULEVARD, LLC SHEILA ANN SERRANO W032348 729 THOMAS ST EAGLE AMERICAN INSURANCE AGENCY, KEY WEST, FL 33040 LLC 1855 W.STATE ROAD 434 LONGWOOD, FL 32750 Telephone:305-296-8666 Telephone:407-998-4276 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENTS. fly PREMIUM oy COMMERCIAL PROPERTY DAT COVERAGEm $19,005.00 Required Additional Charges: WAW, Yft, 2022 Florida Insurance Guaranty Association(FIGA)Regular Assessment $133.00 2022-B Florida Insurance Guaranty Association(FIGA)Regular Assessment $247.00 Catastrophe Financing Surcharge $2,851.00 Tax-Exempt Surcharge $333.00 TOTAL: $22,569.00 c� X N N CL X See Form CDEC-FE-SCH—Commercial Policy Forms And Endorsements Schedule Countersigned: 08/17/2022 Authorized By: SHEILA ANN SERRANO BY: Issued Date: 08/17/2022 r� � M Barry J.Gilway President/CEO and Executive Director Citizens Property Insurance Corporation ° CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. Packet Pg. 183 C.3.1 CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00039887-9 Effective Date: 10/16/2022 to 10/16/2023 Insured Name: 1000 ATLANTIC BOULEVARD,LLC , 0 LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO. 1 CSP Code: 0542 BUSINESS DESCRIPTION: Restaurants-With cooking DESCRIPTION OF PREMISES 1: 1000 ATLANTIC BLVD ONE STORY MASONRY RESTAURANT BLDG NOT INCLUDING FABRIC CANOPY Group I Construction Group II Construction Protection Class BCEGS Grade Location Address N/A Masonry N/A Ungraded 1000 ATLANTIC BLVD Group I Territory Group II Territory Coastal Territory No.of Units KEY WEST,FL 33040-4852 N/A N/A Monroe-86 1 COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance Is Shown. L- 12 Covered Total Replacement Limit Of Causes Cost/BPP Actual Coverage Insurance Of Loss Cash Value Rates Premium First Loss E Building(Bldg) $761,000 Wind $761,000 Class $14,587.00 No Business Personal Property(BPP) $150,000 Wind $150,000 Class $2,636.00 No E Your coverage limits have been adjusted for inflation. OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below Coverage Premium Replacement Cost — Building Business Personal Property Yes No DEDUCTIBLE U) Hurricane,Other Windstorm or Hail Percentage Deductible Deductible Percentage(Deductible Amount) Bldg:3%($22,830) BPP:3%($4,500) WINDSTORM MITIGATION FEATURES Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR N C 1949 N/A N/A Connection N/A N N/A Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N/A N/A Protective Devices N/A N/A CL None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. , PREMIUM: $17,223.00 L) c� CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission. Packet Pg. 184 C.3.1 CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00039887-9 Effective Date: 10/16/2022 to 10/16/2023 Insured Name: 1000 ATLANTIC BOULEVARD,LLC , 0 LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO.2 CSP Code: 0542 BUSINESS DESCRIPTION: Fully Enclosed Restroom DESCRIPTION OF PREMISES 1: 1000 ATLANTIC BLVD ONE STORY MASONRY RESTROOM BLDG Location Address Group I Construction Group II Construction Protection Class BCEGS Grade E N/A Masonry N/A Ungraded 1000 ATLANTIC BLVD KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units N/A N/A Monroe-86 N/A Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance COVERAGES PROVIDED Is Shown. Covered Limit Of Causes Total Coverage Insurance Of Loss Replacement Cost Rates Premium First Loss Building(Bldg) $93,000 Wind $93,000 Class $1,782.00 No Your coverage limits have been adjusted for inflation. OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below E Coverage Premium Replacement Cost Building Business Personal Property Yes DEDUCTIBLE Hurricane,Other Windstorm or Hail Percentage Deductible Deductible Percentage(Deductible Amount) Bldg:3%($2,790) WINDSTORM MITIGATION FEATURES c� Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR C 1949 N/A N/A Connection N/A N/A N Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N N/A N/A Protective Devices N/A N/A None CL x Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $1,782.00 L) c� CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. Packet Pg. 185 PHILADELPHIA NFIP Policy Number: 8704327227 INS(l RANCF, CONIPANIES Company Policy Number: 87043272272021 Agent: -INSURANCE OFFICE OF AMERICA INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 Payor: INSURED 1855 WSTATOOD,FL AD 45069 Policy Term: 10/16/2022 12:01 AM-10/16/2023 12:01 AM Policy Form: GENERAL PROPERTY Agency Phone: (305)289-0213 To report a claim https://phlyflood.manageflood.com visit or call us at: (888)200-5603 RENEWAL FLOOD INSURANCE POLICY DECLARATIONS NATIONAL FLOOD INSURANCE PROGRAM DELIVERY ADDRESS INSURED NAME(S)AND MAILING ADDRESS 1000 ATLANTIC BLVD LLC 0 1000 ATLANTIC BLVD LLC 729 THOMAS ST 729 THOMAS ST KEY WEST,FL 330407334 KEY WEST, FL 330407334 COMPANY MAILING ADDRESS INSURED PROPERTY LOCATION PHILADELPHIA INDEMNITY INSURANCE COMPANY 1000 ATLANTIC BLVD PO BOX 200584 KEY WEST,FL 330404852 0 DALLAS,TX 75320-0584 BUILDING DESCRIPTION: OTHER NON-RESIDENTIAL TYPE BUILDING DESCRIPTION DETAIL: RESTAURANT RATING INFORMATION BUILDING OCCUPANCY: NON-RESIDENTIAL BUILDING REPLACEMENT COST VALUE: $596,250 NUMBER OF UNITS: N/A DATE OF CONSTRUCTION: 01/01/1949 PRIMARY RESIDENCE: NO PROPERTY DESCRIPTION: SLAB ON GRADE(NON-ELEVATED),1 FLOOR(S),MASONRY CURRENT FLOOD ZONE: VE CONSTRUCTION FIRST FLOOR HEIGHT(FEET): 1.1 UJI PRIOR NFIP CLAIMS: 0 CLAIM(S) FIRST FLOOR HEIGHT METHOD: FEMA DETERMINED MORTGAGEE/ADDITIONAL INTEREST INFORMATION FIRST MORTGAGEE: LOAN NO: N/A t) SECOND MORTGAGEE: LOAN NO: N/A ADDITIONAL INTEREST: MONROE COUNTY BOCC LOAN NO: N/A TOURIST DVLPMNT COUNCIL 1100 SIMONTON STREET KEY WEST,FL 330403110 DISASTER AGENCY: CASE NO: N/A DISASTER AGENCY: N/A cy RATE CATEGORY— RATING ENGINE UJI COVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DU cis BUILDING: $200,000 $5,000 BUILDING PREMIUM: $6,336.( N CONTENTS: $150,000 $5,000 CONTENTS PREMIUM: $3,351.( c� COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. Please review this declaration page for accuracy.If any changes are needed,contact your agent. INCREASED COST OF COMPLIANCE(ICC)PREMIUM: $75.1 T_ Notes: The"FULL RISK PREMIUM"is for this policy term only. It is subject to change annually if there is any MITIGATION DISCOUNT: ($O.0 change in the rating elements.Your property's NFIP flood claims history can affect your premium,for questions please contact your agency."MITIGATION DISCOUNTS"may apply if there are approved flood vents and/or the COMMUNITY RATING SYSTEM REDUCTION: ($19.12 CL machinery B equipment is elevated appropriately.To loam more about your flood risk,please visit FULL RISK PREMIUM: $9,743.1 X0 FloodSmarLgov/floodcosts. ANNUAL INCREASE CAP DISCOUNT: ($O.0 Ir6 ($ox O DISCOUNTED STATUTORY DISCOUNTS: O ,gym �� RESERVE FUND AS PREMIUM: $1,754.1 ASSESSMENT:U L� NT: $1,754.i ap �� -- HFIAA SURCHARGE: $250.1 „_ FEDERAL POLICY FEE: $47.1 WAI'M _ � PROBATION SURCHARGE: $0.1 LO TOTAL ANNUAL PREMIUM: $11,794.1 t,3 IN WITNESS WHEREOF,we have signed this policy belowand hereby enter into this insurance agreement. _ E John Glomb/ resident and CEO Edward 5ayago J VP&Deputy CLO This declarations page along with the Standard Flood Insurance Policy Form constitutes yourflood insurance policy. Zero Balance Due -This Is Not A Bill 2 Policy issued by: PHILADELPHIA INDEMNITY INSURANCE COMPANY Insurer NAIC Number: 180( IIIIIIIIIIIIIIIIIIIIIIIII File: 21284047 Page 1 of 1 IIIIIIIIIII IIIIIIIIIIII DOCID: 177187089 i Print Packet Pg. 186 1000ATL-01 C.3.n FIATE(MMIDDIYYYY) , . _. CERTIFICATE OF LIABILITY INSURANCE1/30/2022 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 POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZEC c' 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 O this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME 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# INSURER A:Tokio Marine Specialty Insurance Company 23850 INSURED INSURER B:FHM Insurance Company 10699 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C: E 729 Thomas Street INSURER D: Key West,FL 33040 INSURER E: 0 INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: E 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS-MADE X OCCUR RES10336-02 10/16/2021 1/13/2023 DAMAGE TO RENTED 100,1 X PREMISES Ea occurrence $ UJ MED EXP(Any one person) 5,1 $ PERSONAL&ADV INJURY $ 1,000,1 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICY❑ PRO- � LOC 1,000,1 JECT PRODUCTS-COMP/OP AGG $ U) OTHER: LIQUOR LIABILIT $ 1,000,1 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,1 Ea accident $ , ANY AUTO X RES10336-02 10/16/2021 1/13/2023 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 $ yw, N N UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ie3 DED RETENTION$ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC30600058172022A 1/1/2022 1/1/2023 1001 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) 10U 1 E.L.DISEASE-EA EMPLOYEE $ ' �9 If yes,describe under 500,1 ° DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U) DESCRIPTION OF OPERATIONS I LOCATIONS I 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 APPROVED BY RISK MANAGEMENT BY DATE 12/8/2022 U WAIVER N/A YES c14 CERTIFICATE HOLDER CANCELLATION � c^J 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 U AUTHORIZED REPRESENTATIVE (� Monroe County BOCC 0 1100 Simonton Street Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 187