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8th Amendment 01/18/2023 GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 30, 2023 TO: Strzi Rubio Senior Project and Budget Manager Parks and Beaches FROM: Liz Yongue, Deputy Clerk SUBJECT: January 18th BOCC Meeting The following item has been executed and added to the record: C3 8th Arnendrnent to the 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 EIGHTH AMENDMENT TO LEASE AGREEMENT HIGGS BEACH CONCESSION/RESTAURANT THIS EIGHTH AMENDMENT TO LEASE AGREEMENT is made and entered into on this 18th day of January, 2023, 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 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 Lease Agreement for the County 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 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 commence based on the adjusted use tax rate. The Fifth Amendment further provided that the County had previously agreed to three (3) Monthly Rental Fee abatements due to COVID-19, which would commence on March 1, 2020, and with the March 2020 rental payment having already been paid by Lessee in the amount of Eight Thousand Nine Hundred Eighty-seven and 37/100 ($8,987.37) Dollars, it was to be refunded to the Lessee, and adjusted the monthly rental fee for an annual 2.3% CPI-U adjustment, effective on August 12, 2020, with the new monthly Rent being Nine Thousand One Hundred Ninety-four and 07/100 ($9,194.07) Dollars; and WHEREAS, the parties hereto did on September 15, 2021, enter into a Sixth Amendment to Lease Agreement for an annual CPI-U adjustment of 1.4% percentage increase for the calendar year ending December 31, 2020, with an effective date retro-active to August 12, 2021; and WHEREAS, the parties hereto did on September 21, 2022, enter into a Seventh 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 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 Lessee to conduct business and operate its restaurant known as Salute Restaurant located at Higgs Beach; and 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 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 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. 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 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 rental 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. 2 1. Except as set forth in Paragraph I hereina.bove.„ ail other provisions of the Lease, as amended, not inconsistent herewith., shall remain in fall force and effect, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. r---,.\ i BOARD OF COUNTY COMMISSIONERS e(-4 sITN MADOK, CLERK OF MONROE ..:0UNTY, FLORIDA, 04 ., ,Pcstiii ,,t)\ ::::regla- '''f' LESSOR "00. ,/ .") . 3004()+041°Y. - - u By; " As eputy/Clerk IN .,yor/Chairperson WITNESSES 1000 ATLANTIC BOULEVARD, LLC, A Florida Limited Liability Corn in ., .e-- i y , 4'. Signature Title, Managing Partner i1119122 Print Name Date Print Name late Signature Print Name Date Tc, arc) Ito ,rn = ..• -1-1 (-3- CO ck.c--, . ,......... -TT CI. MONROE COUNTY ATTORNEY'S OFFICE 1119/2022 _2Parer,oets TO, ORIVid PATRICIA EAGLES ASSISTANT COUNTY ATTORNEY DATE: _ 1/6/2023 .__ .. 3 1000ATL-01 REGANL DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F1/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NTT CT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)537-2782 (A/C,No): Marathon,FL 33060 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Trisura Specialty Insurance Company 16188 INSURED INSURER B:FHM Insurance Company 10699 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C: 729 Thomas Street INSURER D: Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR OSU100615600 1/13/2023 1/13/2024 DAMAGE TO RENTED 100 000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PELT � LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: LIQUOR LIABILIT $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X OSU100616600 1/13/2023 1/13/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC30600058172023A 1/1/2023 1/1/2024 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is additional insured with respect to general liability and auto liability APPROVED BY RISK MANAGEMENT BY DATE 1/18/2023 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton Street '? Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 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. PREMIUM COMMERCIAL PROPERTY COVERAGE m $19,005.00 Required Additional Charges: 2022 Florida Insurance Guaranty Association (FICA) Regular Assessment $133.00 2022-B Florida Insurance Guaranty Association (FICA) Regular Assessment $247.00 Catastrophe Financing Surcharge $2,851.00 Tax-Exempt Surcharge $333.00 TOTAL: $22,569.00 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 e� 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. 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 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 Location Address Group I Construction Group II Construction Protection Class BCEGS Grade 1000 ATLANTIC BLVD N/A Masonry N/A Ungraded KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units 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. Covered Total Replacement Limit Of Causes Cost/BPP Actual Coverage Insurance Of Loss Cash Value Rates Premium First Loss 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 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 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 C 1949 N/A N/A Connection N/A N/A Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N/A N/A Protective Devices N/A N/A None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $17,223.00 CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission. 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 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 1000 ATLANTIC BLVD N/A Masonry N/A Ungraded KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units N/A N/A Monroe-86 N/A COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance 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 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 Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR C 1949 N/A N/A Connection N/A N/A Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N/A N/A Protective Devices N/A N/A None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $1,782.00 CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. PHILADELPHIANFIP Policy Number: 8704327227 INS(l RANCF, ("t .MPANIE Company Policy Number: 87043272272021 Agent: -INSURANCE OFFICE OF AMERICA INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 Payor: INSURED LONGWOOD,FL 327505069 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://phlynood.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 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 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 PRIOR NFIP CLAIMS: 0 CLAIM(S) FIRST FLOOR HEIGHT METHOD: FEMA DETERMINED MORTGAGEE/ADDITIONAL INTEREST INFORMATION FIRST MORTGAGEE: LOAN NO: N/A 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 RATE CATEGORY— RATING ENGINE COVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DUE BUILDING: $200,000 $5,000 BUILDING PREMIUM: $6,336.00 CONTENTS: $150,000 $5,000 CONTENTS PREMIUM: $3,351.00 COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. INCREASED COST OF COMPLIANCE ICC PREMIUM: $75.00 Please review this declaration page for accuracy.If any changes are needed,contact your agent. ( ) Notes: The"FULL RISK PREMIUM"is for this policy term only. It is subject to change annually if there is any MITIGATION DISCOUNT: ($0.00) change in the rating elements.Your property's NFIP flood claims history can affect your premium,for questions COMMUNITY RATING SYSTEM REDUCTION: ($19.00) please contact your agency."MITIGATION DISCOUNTS"may apply if there are approved flood vents and/or the machinery&equipment is elevated appropriately.To learn more about your flood risk,please visit FULL RISK PREMIUM: $9,743.00 FloodSmart.gov/floodcasts. ANNUAL INCREASE CAP DISCOUNT: ($0.00) Irua STATUTORY DISCOUNTS: ($0.00) I DISCOUNTED PREMIUM: $9,743.00 Y, 77 RESERVE FUND ASSESSMENT: $1,754.00 DA:M 0 "I_L _ ,-2-- HFIAA SURCHARGE: $250.00 „_ FEDERAL POLICY FEE: $47.00 � m PROBATION SURCHARGE: $0.00 TOTAL ANNUAL PREMIUM: $11,794.00 IN WITNESS WHEREOF,we have signed this policy below and hereby enter into this insurance agreement. John Glomb/ resident and CEO Edward Sayago/VP&Deputy CLO This declarations page along with the Standard Flood Insurance Policy Form constitutes your flood insurance policy. Zero Balance Due -This IS Not A Bill Policy issued by: PHILADELPHIA INDEMNITY INSURANCE COMPANY Insurer NAIC Number: 18058 IIIIIIIIIIIIIIIIIIIIIIIII File: 21284047 Page 1 of 1 IIIIIIIIIII IIIIIIIIIIII DOCID: 177187089 Printed 10/10/2022