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1st Amendment 07/17/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 29, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The attached item has been executed and added to the record: C3 Amendment to the Lease Agreement with 1000 Atlantic Boulevard, LLC for a rent abatement for December 2023, and January 2024, for a total of$15,000.00, due to the temporary atypical construction impacts that may have impacted Salute Restaurant during some of the reconstruction of the restrooms at Clarence S. Higgs Memorial Beach Park ("Higgs Beach"). In addition, there is a scrivener's error on the Original Agreement. The insurance declaration pages were included as an exhibit to the Original Agreement instead of the insurance requirements and the parties wish to amend the Original Agreement by replacing the incorrect documents with the correct insurance requirements. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 IRS'll"A eIWM If@p1��^^4�i�VrM��mrr' p / pr�� (�LEASE t$lm(, leX EN A HIGGIS ryry`�g ,yyNT 17th tJJS 1;"11: 'T'IANIE d1�MENT 1') I.EA E AGREE �+NT is inane and entered into ()rr tlai . u y � Monroe (���� unty, da political stilaclivisicin of"the Mat crl`Florida whose mailing address is 1100 Simonton f treel, Key Wesi, Florida 33040 ("COLITIty„ or " ,e°sscir") and 1000 Atlantic ntic oulevar , I_,1, ', a Florida l:.Arnited Liability Company, whose rrnaiihngg ac dress is 729 Thciriias Street, Key West, Florida 33040 ("Fenaarnt" or "Lessee"). WHEREAS, On March 22, 2023, the 110CC" granted approval to advertise an UP for a 1°°ood and Beverage Concession Set-vice at the C.'citriity tirtifer°ty known as (.1arence S, Ffii,;gs MeMorial Beach 11,arlc ("Higgs Beach"); and WHEREAS, on July 19., 2023 the C."ournty awarded a lease agreernerat. to 1000 Atlantic Boulevard, LL , also known as Salute Restatirant , firr a period crf° fivcw (5) years, renewable, at the C`ciunty"s discretion, for five (5) aadditicrrtal five (5) year tennis for the Food/13cveragge Concession ncession Services at Higgs Beach., and WHEREAS, the C purity is currently in the `irrrshingwg stages olI rcccrrrstrucfion of the t)cal°ilic° restroorns Higgs Bea.ch,� and WHEREAS,REA S, the Lessee has slated that the ongoing reccinstrrictic 11 cil'the rest.rcicirns and its cic.nse. proximity to t:he ]eased dernised premises, has affected its ability to fI fly c;orrclrrct bUSirress and operate Salute Restaurant aarrcl provided financial statements evidencing as temporary (ILch ne, in profits in Decernber, 2023, mid January, 2024, when compared to the same nicrnths in 2022 and 2023 that may, he, in hart, due to the re,str•oorris reconstruction" and WHEREAS,4;l EAS, the Lessee has reclrae,stcd fire County to abate its rrnorithly rental payments for 1 ecernber, 2023, in the; artiount cif` $7,500,00 and for January, 2024, in the aimount of $7,500.00 for a.total of gig 15,000.00 and WHEREAS,S, the original contract inadvertently included the current insurance declaration pages instead of the: insurance requiretnents and both parties wish to atrriend this sc rive-rner's error" art(.] WHEREAS, the parties have tcicraid the Lease to be rnutually beneficial; and WHEREAS,SS, both parties desire to arriend the Lease, NOW' "n]F EIS" IRE, in ccriisideraticaii Of' the rrrartcral gnrc:irnise,s, covenants and ag;reeniernts stated herein, and liar either good and valuable consideration, the scaf'f%cieracy cat'which is 1-wr by aack ncnMe gm;ed, the parties agree as follows: Section 1. ntNltUintenance Fee 'fax. Terrs.scaldowxaagsubsection is hcr°ebi, udded to ()) Notwithstanding a:triy other liaraggra.gah in this aaga,reeirrent, the C'taunty agrees to abate- a.. prcir°aled monthly rental payment for the rricrnths of December, 2023, and January, 2024, M the ai'riciu nt cif Fifteen 'Thousand Dollars aric:l 00/100 (3 15,000,00) due to the; atypical impaacis related to t:hc: reconstruction of t:he restroonis at Higgs Beach and the close proximity of` said 1 reconstruction to the demised leased premises. This total rent abatement amount set forth herein may be applied as a credit towards the future monthly rental payment(s) due by Lessee: Section 2. The Contract is amended by adding attached Exhibit A to the end of the Original Lease Agreement. Section 3 Except as set forth in Section 1 and Section 2 above, all other provisions of the Lease, as amended, 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. • : :'f,' �(SEAL)�::,.::;;.,,, BOARDCF CC �JNTY CoMMISSI )NERS .;,r_,-.:,., -::Atte•sf:ti t�, IN MADOK, CLERK OF MOINIROE.COUNTY, FLORIDA; sil:',...,'::-.,_,J ,, ii...„,,,.'-f-,,,,,,'--;...1.,;',.,,:.\•,,,,,\_-,:,',.-.:',,,\ LESSOR '''''''''',:::.; } LL, -"-B Y:...',1'1.:1- ,:::-;'1,%;/ By.,., . # . . I - .. _ _;-;:,;a¢;:,..;,,,Y.-As De uty/Clerk Mayor/Chairperson y APPROVED AS TO FORM do LEGAL SUFFICIENCY o Monr� ounty Att rney's Office thalia•Mellies Archer Ass,tent County Attorney WITNESSES: 1000 ATLANTIC BOULEVARP, LLC, , LiabilityC r Florida Limited A F � pany; LES r.J. . _ ___,,,,,, ,L, , 1 1 , ,,,,,, . .\..,. c-,-.- -- ---\--„,,,, _____________,-, 6}.\,, „.___,,,, ,,. ,.s. , t.......„.3 `,-":-.y-vA, !KAI .U ..,"1,-->3' . \ ,. .. 1/4,-,...-, . . . ., i" i ' *.' . Sna Title. T ianaging Partner • Ddc-.),n ,, I Lsl ) ', , -r-s-' 5 1 2-11- Print ne rate Print Name Date 1/-\',,-, . ,ri,4-1,0 i , ""Ti' k... .Ld'Ihrso c...1,,,,,,....., . (P-„-Lti.,.).-%LQ:.___. a: ki....,,, .....- ,----, ..= r-- _. Signature Jam C CrAlret-i,CAP \?7Y..-i,r-e--kk ‘Di',>.:ii,3.1`-k 2. ro c) Print Name Date :F-F e --Jr; = -rn - .':; •w . . . EXHIBIT A General Insurance Requirements for Organizations/Individuals Leasing County-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. 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 Organizati on/Indivi dual's Insurance policies. The Organization/Individual shall provide,to the County,as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subj ect to cancellation,non-renewal,material change, or reduction in coverage unless a minimum of thirty (30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the Organizati on/Indivi dual's insurance shall not be construed as relieving the Organization/Individual from any liability or obligation assumed under this contract or imposed by law. 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. 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 Department. Page 60 of 65 ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners will be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Page 61 of 65 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY FOR CONTRACT 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: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Fire Legal Liability (with limits equal to the fair market value of the leased property.) The minimum limits acceptable is: $1,000,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve months following the termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners will be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Page 62 of 65 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY FOR CONTRACT 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 purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles • Physical Damage Protection (if the leased property is a County-owned vehicle) The minimum limits acceptable is: $300,000 Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the lease/rental agreement involves County-owned vehicles, the Monroe County Board of County will be named a"Loss Payee" with respect to the Physical Damage protection. Page 63 of 65 'VA8 Edftian MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF f.NSURkNCE REQUIREMENITS It is requested that the insurazwe requiremenu-,as sptx,,ificd in the County's Schedule of lasurance Requirements,be'"raived of modified on the f6flowing contract. INV, C , � ............... p c 5" ""A roject Or Serviccs 0AIA,11 Commatco/Vendor Alirciss&11horie Clencial'Soope of Work: Yxmon fix Waiver cT LA Yt,cr-6-1 Modillcmicw Policies Waiver or mollificalion avall iq)ply to: Signature of' Vcndor�I" D ate. Not p Aprcwcd ...........7 '2", lbsk,Man.gernerlt Sip Dafc: 5.8.24 ................ Cnimoy, Administrator appeat, Approvvk ........... Not Approved I Board of"County CommissJotiers appcal� Approvc& N(,AAppravvd, mcclilig,,,Date; Admiaim.r,ativv.,Instradion 7,500,7 ��•�� TUROFFK ,d►Co/?0" CERTIFICATE OF PROPERTY INSURANCE DAT5/01/2024Y) 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. PRODUCER CONTACT NAME: Insurance Office of America A/C°,"r o,Ext: (305)289-0213 A/C,No):(305)743-1810 13361 Overseas Highway E-MAIL Marathon,FL 33050 ADDRESS: PRODUCER 1000ATL-01 CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Scottsdale Insurance Company 41297 INSURER B:Citizens Property Insurance Corporation 10064 1000 Atlantic Boulevard,LLC dba Salute!On The Beach INSURERC:Philadelphia Indemnity Insurance Company 18058 729 Thomas Street Key West,FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 1 1 1000 Atlantic Blvd,Key West,FL,33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) A X PROPERTY X BUILDING $ 464,000 CAUSES OF LOSS DEDUCTIBLES CPS7924670 01/13/2024 01/13/2025 PERSONAL PROPERTY $ BASIC BUILDING 2,500 BUSINESS INCOME $ BROAD CONTENTS (° �4 ' EXTRA EXPENSE $ X SPECIAL "� * RENTAL VALUE $ EARTHQUAKE *„ BLANKET BUILDING $ WIND 5 1.24 w/attachments BLANKET PERS PROP $ FLOOD ,�, ,.,•, ^^ ", „„ - ^' BLANKET BLDG&PP $ X Excluding Wind WAMM K?kx $ X Equip Breakdo $ INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ CRIME $ TYPE OF POLICY $ BOILER&MACHINERY/ $ EQUIPMENT BREAKDOWN B Commercial Wind 00039887-10 10/16/2023 10/16/2024 X 3%Ded $ 779,000 C CL NFIP Flood 87043272272021 10/16/2023 10/16/2024 X Deductible$5,000 $ 200,000 SPECIAL CONDITIONS/OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) This certificate regarding coverage for 1000 Atlantic Boulevard,LLC dba Salute!On The Beach is issued to certificate holder in regard to:Insurance Requirements. The certificate holder is named as Loss Payee as respects to lease agreement. 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 Streetsra, r twJ a ^ s°�.� -•-F Key West,FL 33040 ACORD 24(2016/03) ©1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5 HILADELPMA Eju-NE IwSLIJzA.X r: CO,.NII'ANIr;s o, �r h�@ n i ltlu'A1 @ uuGrnfa�� INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 LONGWOOD,FL 327505069 SEPTEMBER 12, 2023 1000 ATLANTIC BLVD LLC 729 THOMAS ST KEY WEST, FL 330407334 Policy Number: 87043272272021 Insured(s): 1000 ATLANTIC BLVD LLC Property Location: 1000 ATLANTIC BLVD KEY WEST, FL 330404852 Flood Insurance Policy Packet This packet includes: • Your Flood Insurance Declarations Page • A National Flood Insurance Program Summary of Coverage • Claims Guidelines in Case of a Flood If you would like to electronically view or print a copy of the Standard Flood Insurance Policy, please visit https://phlyfood.manageflood.com, click View Important Flood Documents link and select from the list of documents.Your consent to this policy delivery option is assumed, unless you contact us to request a mailed or e-mailed copy of the policy. If you would like a copy of the Standard Flood Insurance Policy e-mailed or mailed to you, please contact our customer service team at 877-721-9519 or phlyflood@torrentcorp.com. Important Information About The National Flood Insurance Program Federal law requires insurance companies that participate in the National Flood Insurance Program to provide you with the enclosed Summary of Coverage. It's important to understand that the Summary of Coverage provides only a general overview of the coverage afforded under your policy. You will need to review your flood insurance policy, Declarations Page, and any applicable endorsements for a complete description of your coverage. The enclosed Declarations Page indicates the coverage you purchased, your policy limits and the amount of your deductible. You will soon receive additional information about the National Flood Insurance Program. This information will include a Claims Handbook, a history of flood losses that have occurred on your property as contained in FEMA's data base, and an acknowledgement letter. If you have any questions about your flood insurance policy, please contact your agent or your insurance company. Page 1 of 2 CLAIM GUIDELINES IN CASE OF A FLOOD For the protection of you and your family,the following claim guidelines are provided by the National Flood Insurance Program (NFIP). If you are ever in doubt as to what action is needed, consult your insurance representative. Insurance Agent: - INSURANCE OFFICE OF AMERICA Agent's Phone Number: (305)289-0213 • Notify us or your insurance agent, in writing, as soon as possible after the flood. •Your claim will be assigned to an NFIP certified adjuster. • Identify the claims adjuster assigned to your claim and contact him or her if you have not been contacted within 24 hours after you reported the claim to your insurance representative. •As soon as possible, separate damaged property from undamaged property so that damage can be inspected and evaluated. •To help the claims adjuster, take photographs of the outside of the premises showing the flooding and the damage and photographs of the inside of the premises showing the height of the water and the damaged property. • Place all account books, financial records, receipts, and other loss verification material in a safe place for examination and evaluation by the claims adjuster. •Work cooperatively with the claims adjuster to promptly determine and document all claim items. Be prepared to advise the claims adjuster of the cause and responsible party(ies)if the flooding resulted from other than natural cause. • Make sure that the claims adjuster fully explains, and that you fully understand, all allowances and procedures for processing claim payments. This policy requires you to send us a signed and sworn-to, detailed proof of loss within 60 days after the loss. •Any and all coverage problems and claim allowance restrictions must be communicated directly from the NFIP. Claims adjusters are not authorized to approve or deny claims;their job is to report to the NFIP on the elements of flood cause and damage. At our option, we may accept an adjuster's report of the loss instead of your proof of loss. The adjuster's report will include information about your loss and the damages to your insured property. Page 2 of 2 I-IILADELPIIIA NFIP Policy Number: 8704327227 INSURANCE.E. (:(7:t PANTES Company Policy Number: 87043272272021 Agent: -INSURANCE OFFICE OF AMERICA 014,,W I[he� rE uie Elro�p INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 Payor: INSURED 1855 WSTATOOD,FL AD 45069 Policy Term: 10/16/2023 12:01 AM-10/16/2024 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 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: $596,250.00 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): 3.1 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: ($0.00) change in the rating elements.Your property's NFIP flood claims history can affect your premium,for questions 1 please contact your agency."MITIGATION DISCOUNTS"may apply if there are approved flood vents and/or the COMMUNITY RATING SYSTEM REDUCTION: ($ 9.00) machinery B equipment is elevated appropriately.To learn more about your flood risk,please visit FULL RISK PREMIUM: $9,743.00 FloodSmart.gov/floodcosts. ANNUAL INCREASE CAP DISCOUNT: ($0.00) STATUTORY DISCOUNTS: ($0.00) DISCOUNTED PREMIUM: $9,743.00 RESERVE FUND ASSESSMENT: $1,754.00 HFIAA SURCHARGE: $250.00 FEDERAL POLICY FEE: $47.00 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. t� 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: 29544979 Page 1 of 1 IIIIIIIIIIIIIIIIIIIIIIIIII DOCID: 225671019 Printed 09/12/2023 PHILADELPHIA INSURANCE COMPANIES PRIVACY POLICY NOTICE Philadelphia Indemnity Insurance Company The Philadelphia Insurance Companies value your privacy and we are committed to protecting personal information that we collect during the course of our business relationship with you. The collection use and disclosure of certain nonpublic personal information are regulated by law. This notice is for your infomation only and requires no action on your part.It will inform you about the types of information that we collect and how it may be disclosed.this does not reflect a change in the way we do business or handle your information. Information We Collect: We collect personal information about you from the following sources. Applications or other forms such as claims forms or underwriting questionairs completed by you; Information about your transactions with us,our affiliates or others;and Depending on the type of transaction you are conducting with us,information may be collected from consumer reporting agencies,health care providers,employers and other third parties. Information We Disclose: We will only disclose the information described above to our affiliates and non-affiliated thrid parties,as permitted by law,and when necessary to conduct our normal business activities. For Example we may make disclosures to the following types of third parties: Your agent or broker(producer) Parties who perform a business,professional or insurance functions for our company,including our reinsurance companies; Independent claims adjusters, investigators, attorneys, other insurers or medical care providers who need infomation to investigate, defend or settle a claim involving you; Regulatory agencies in connection with the regulation of our business;and Lienholders,mortgagees,lessors or other persons shown on our records as having a legal or beneficial interest in your policy. We do not sell your information to others for marketing purposes.We do not disclose the personal information of persons who have ceased to be our customers. Protection of Information: The Philadelphia Insurance Companies maintain physical,electronic and procedural safegaurds that comply with state andd federal regulations to protect the confidentiality of your personal information. We also limit employee access to personally identifiable information to those with a business reason for knowing such information. Use of Cookies: We may place electronic "cookies" in the browser files of your computer when you access this website. Cookies are text files placed on your computer to enable our systems to recognize your browser and to tailor the information on our website to your interests. We or our third-party service providers or business partners may place cookies on your computer's hard drive to enable us to match personal information that we maintain about you so that we are able to prepopulate on-line forms with your information. We also use cookes to help us analyze use of our website to understand which areas of our site are most useful to you.You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that if you do this,you may not be able to use the full functionality of the website. How to Contact Us: Philadelphia Insurance Companies, One Bala Plaza,Suite 100,Bala Cynwyd,PA 19004 Attention:Chief Privacy Officer Phone(877)438-7459 07122013 PBLLOG_INS_1R OXP 000020438116 1000ATL-01 TU ROF F K ,acofro„ CERTIFICATE OF LIABILITY INSURANCE DAT/26/2 02D/Y 4 26/24 �—►""' 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)289-0213 (A/C,No):(305)743-1810 Marathon,FL 33060 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:The Burlington Insurance Company 23620 INSURED INSURERB: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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 339BG10966 1/13/2024 1/13/2025 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT Fx] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: I, LIQUOR LIABILIT $ 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY y " - Ea accident $ W _, ANY AUTO-- BODILY INJURY Per person) $ OWNED SCHEDULED 4 9.24 , AUTOS ONLY AUTOS I. � ,,.,�„,,,,,,, .:, _._:,--_� BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WC30600068172024A 1/1/2024 1/1/2025 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OF EXCLUDED? NIA (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/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Physical location address: 1000 Atlantic Blvd.,Key West,FL 33040 Monroe County BOCC is additional insured with respect to general liability when required by written contract per form#IFG-G-0267 1122 attached. 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 tr°�` ' ,/c;_ rI• w °' � - IKey West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ENHANCEMENT ENDORSEMENT - REAL ESTATE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF TERMS AND CONDITIONS The following is a summary of the enhancements provided by this endorsement. For complete coverage details consult the endorsement language. COVERAGES ENHANCEMENT A. Aircraft,Auto Or Watercraft Watercraft Up To 51 Feet B. Property Damage—Elevators $25,000 C. Property Damage—Borrowed Equipment $26,000 D. Personal And Advertising Injury—Limited Contractual Liability Included E. Increased Supplementary Payments Coverages A And B $2,500- Bail Bonds $600/Day Earnings F. Additional Insured —Managers Or Lessors Of Premises Included G. Additional Insured —Mortgagee, Assignee Or Receiver Included H. Newly Acquired Or Formed Organizations 120 days I. Increased Medical Payments $10,000 J. Duties In The Event Of Occurrence, Offense, Claim Or Suit Included K. Primary And Noncontributory—Other Insurance Included L. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included M. Liberalization Clause Included N. Mobile Equipment Redefined 1,000 Ibs O. Application Of This Endorsement Included For the purposes of this endorsement, the word"insured"is used collectively, not separately;therefore, the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance. A. Aircraft, Auto Or Watercraft Paragraphs (3) and (4) of this exclusion do not Paragraph g.(2)(a) of 2. Exclusions — Section I — apply to "property damage" arising out of the Coverage A — Bodily Injury And Property use of an elevator at premises you own, rent, or Damage Liability is replaced with the following: occupy. (a) Less than 51 feet long, and 2. The following is added to Section III—Limits of Insurance: B. Property Damage— Elevators Subject to Paragraph 5. above, the most we will 1. The following is added to 2. Exclusions, j. pay under Coverage A for damages because of Damage To Property of Section I—Coverage "property damage"to property you borrow from A — Bodily Injury And Property Damage others or personal property in your care, Liability: custody, or control, arising out of the use of an elevator at premises you own, rent, or occupy is $25,000 per"occurrence". IFG-G-0267 11 22 Includes copyrighted material of Page 1 of 5 ISO Properties, Inc., with its permission. 3. The following is added to Section IV — (a) The liability pertains to your business Commercial General Liability Conditions, and is assumed in the written contract Paragraph 4. Other Insurance, Paragraph b. or written agreement in which you Excess Insurance: assume the tort liability of another. The insurance afforded by this Paragraph B. is Tort liability means a liability that excess over any other insurance, whether would be imposed by law in the primary, excess, contingent, or on any other absence of any written contract or basis. written agreement; This enhancement of coverage does not apply to (b) The "personal and advertising injury" equipment that is acquired for use under a lease or occurs subsequent to the execution of rental agreement. the written contract or written C. Property Damage— Borrowed Equipment agreement; and (c) The "personal and advertising injury" 1. The following is added to 2. Exclusions, j. arises out of the offenses of false Damage To Property of Section I—Coverage arrest, detention, or imprisonment. A — Bodily Injury And Property Damage Liability: Solely for the purposes of liability so assumed in such written contract or Paragraph (4) of this exclusion does not apply written agreement, reasonable attorney to "property damage" to equipment you borrow fees and necessary litigation expenses from others which is in your care, custody, or incurred by or for a party other than an control at a jobsite or at your premises, and insured are deemed to be damages while not being used to perform operations. because of "personal and advertising 2. The following is added to Section III—Limits of injury" described in Paragraph (2)(c) Insurance: above, provided: Subject to Paragraph 5. above, the most we will (a) Liability to such party for, or for the pay under Coverage A for damages because of cost of, that party's defense has also "property damage" to equipment you borrow been assumed in the same written from others is $25,000 per"occurrence". contract or written agreement; and 3. The following is added to Section IV — (b) Such attorney fees and litigation Commercial General Liability Conditions, expenses are for defense of that party Paragraph 4. Other Insurance, Paragraph b. against a civil or alternative dispute Excess Insurance: resolution proceeding in which The insurance afforded by this Paragraph C. is damages to which this insurance excess over any other insurance, whether primary, applies are alleged. excess, contingent, or on any other basis. E. Increased Supplementary Payments — This enhancement of coverage does not apply to Coverages A And B equipment that is acquired for use under a lease or Paragraphs 1.b. and 1.d. of Supplementary rental agreement. Payments—Coverages A And B are replaced by D. Personal And Advertising Injury — Limited the following: Contractual Liability b. Up to $2,500 for cost of bail bonds required 1. The following replaces 2. Exclusions, 2.e. of because of accidents or traffic law violations Section I — Coverage B — Personal And arising out of the use of any vehicle to which the Advertising Injury: Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. e. Contractual Liability d. All reasonable expenses incurred by the insured "Personal and advertising injury" for which at our request to assist us in the investigation or the insured has assumed liability in a written defense of the claim or "suit", including actual contract or written agreement. loss of earnings up to $500 a day because of This exclusion does not apply to: time off from work. (1) Liability for damages that the insured would have in the absence of the written contract or written agreement; or (2) Liability for "personal and advertising injury" Page 2 of 5 Includes copyrighted material of IFG-G-0267 11 22 ISO Properties, Inc., with its permission. F. Additional Insured — Managers Or Lessors Of However: Premises a. The insurance afforded to such additional 1. Section II —Who Is An Insured is amended to insured only applies to the extent permitted include as an additional insured any manager or by law; and lessor of premises leased to you, but only with b. If coverage provided to the additional respect to bodily injury property damage", or insured is required by a written contract or "personal and advertising injury" caused by or written agreement, the insurance afforded to arising directly or indirectly, in whole or in part such additional insured will not be broader by you or those acting on your behalf in than that which you are required by the connection with the ownership, maintenance, or written contract or written agreement to use of that part of the premises leased to you, provide for such additional insured. and subject to the following additional exclusions: 2. This insurance does not apply to structural alterations, new construction and demolition This insurance does not apply to: operations performed by or for that person or a. Any "occurrence" which takes place after organization. you cease to be a tenant in that premises. 3. With respect to the insurance afforded to these b. Structural alterations, new construction, or additional insureds, the following is added to demolition operations performed by or on Section III —Limits Of Insurance: behalf of such additional insured. If coverage provided to the additional insured is However: required by a written contract or written a. The insurance afforded to such additional agreement, the most we will pay on behalf of the insured only applies to the extent permitted additional insured is the amount of insurance: by law; and a. Required by the written contract or written b. If coverage provided to the additional agreement; or insured is required by a written contract or b. Available under the applicable Limits of written agreement, the insurance afforded to Insurance. such additional insured will not be broader whichever is less. than that which you are required by the written contract or written agreement to This endorsement shall not increase the provide for such additional insured. applicable Limits of Insurance. 2. With respect to the insurance afforded to the H. Newly Acquired Or Formed Organizations additional insured referenced in this Paragraph Paragraph 3.a. of Section II —Who Is An Insured H., the following is added to Section III—Limits is replaced by the following: Of Insurance: a. Coverage under this provision is afforded only If coverage provided to an additional insured is until the 120th day after you acquire or form the required by a written contract or written organization or the end of the policy period, agreement, the most we will pay on behalf of the whichever is earlier; additional insured is the amount of insurance: This insurance does not apply if coverage for the a. Required by the written contract or written newly formed or acquired organization is excluded agreement; or either by the provisions of this Coverage Form or by b. Available under the applicable Limits of endorsement. Insurance. I. Increased Medical Payments whichever is less. Section III —Limits Of Insurance, Paragraph 7. is This endorsement shall not increase the replaced by the following: applicable Limits of Insurance. 7. Subject to Paragraph 5. above, the Medical G. Additional Insured — Mortgagee, Assignee Or Expense Limit is the most we will pay under Receiver Coverage C for all medical expenses because 1. Section II —Who Is An Insured is amended to of"bodily injury" sustained by any one person. include as an additional insured any person or The Medical Expense Limit is the greater of organization, but only with respect to their $10,000 or the amount shown in the liability as mortgagee assignee, or receiver and Declarations for Medical Expense Limit. arising out of the ownership, maintenance, or use of the premises by you. IFG-G-0267 11 22 Includes copyrighted material of Page 3 of 5 ISO Properties, Inc., with its permission. This insurance does not apply if Medical a. Applies only when you are required by a Payments coverage is excluded either by the written contract, written agreement, or permit provisions of the Coverage Form or by to provide primary and non-contributory endorsement. coverage for the additional insured, provided J. Duties In The Event Of Occurrence, Offense, such written contract, written agreement, or Claim Or Suit permit is fully executed prior to an "occurrence" in which coverage is sought The following is added to Paragraph 2. Duties In under this policy, and The Event Of Occurrence, Offense, Claim or Suit of Section IV — Commercial General b. Does not apply to any claim, loss, or liability Liability Conditions: due to the sole negligence of the additional insured. The requirement that you must see to it that we are notified as soon as possible of an 'occurrence", L. Wainer Of Transfer Of Rights Of Recovery offense, claim, or "suit" only applies after the Against Others To Us "occurrence", offense, claim, or"suit" is reported to The following is added to Paragraph 8. Transfer Of any insured listed under Paragraph 1. of Section II Rights Of Recovery Against Others To Us of —Who Is An Insured or an "employee"authorized Section IV — Commercial General Liability by you to give or receive such notice. Conditions: Your rights under this policy will not be prejudiced if We waive any right of recovery we may have you fail to give us notice of an 'occurrence", against any person or organization because of offense, claim, or"suit" if: payments we make for injury or damage arising out a. That failure is solely due to your reasonable and of your ongoing operations or "your work" done documented belief that the "bodily injury", under a contract with that person or organization "property damage", or"personal and advertising and included in the"products-completed operations injury" is not covered under this policy, or hazard". This waiver applies only when you have agreed, in a written contract or written agreement b. You report an "occurrence", offense, claim, or to waive the rights of recovery, provided such "suit"to your Workers Compensation insurer or written contract or written agreement is fully your auto liability insurer and you later discover executed prior to an 'occurrence" in which that you should have reported the"occurrence", coverage is sought under this policy. offense, claim, or"suit"to us. M. Liberalization Clause However, you must give us notice as soon as possible after you become aware that the The following condition is added to Section IV — "occurrence", offense, claim, or "suit" may be Commercial General Liability Conditions: covered under this policy, or that the 'occurrence", Liberalization offense, claim, or "suit" may be a general liability If we make revisions to this Coverage Form during claim rather than a Workers Compensation or auto the policy period stated in the Declarations, that liability claim. would broaden coverage under this Coverage Part K. Primary And Noncontributory—Other Insurance without an additional premium charge, your policy The following is added to Paragraph 4. Other will automatically provide the additional coverage Insurance of Section IV — Commercial General as of the day the revision is effective in your state. Liability Conditions, but only with respect to the N. Mobile Equipment Redefined insurance provided to additional insured(s): For the purposes of this endorsement, the following 4. Other Insurance replaces Paragraph f. of the Definitions section: Primary And Noncontributory Insurance 12. "Mobile equipment": This insurance is primary and will not seek f. Vehicles not described in Paragraph a., b., contribution from any other insurance available c., or d. above maintained primarily for to an additional insured under your policy. purposes other than the transportation of However, this endorsement: persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment exceeding a gross vehicle weight of 1,000 pounds are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; Page 4 of 5 Includes copyrighted material of IFG-G-0267 11 22 ISO Properties, Inc., with its permission. (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment"does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". O. Application Of This Endorsement If the terms and conditions provided by this endorsement conflict with other endorsements attached to this policy, the terms and conditions of the other endorsements will control, even if the other endorsements restrict or reduce coverage, unless such endorsements specifically provide that the coverage enhancements provided by this endorsement shall apply. All other terms and conditions of this Policy remain the same. IFG-G-0267 11 22 Includes copyrighted material of Page 5 of 5 ISO Properties, Inc., with its permission.