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9th Amendment 10/16/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 25, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The attached item has been executed and added to the record: C27 9th Amendment to the Salute Watersports, LLC Lease Agreement to be extend for one (1) additional term, commencing retroactively on October 15, 2024, and terminating on January 15, 2025, with a 3.4% CPI-U increase in the rent. The monthly payment will increase from $602.28 to $622.76 per month plus $21.80 (3.5%) sales tax for a total of$644.57 per month not including the percentage of gross taxable sales. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 NINTH A MENDMENTTO I..,EASE AGREEMENTTO EXTEND LEASE-FOR I H CIGGS BEAH ("ONCESSION, KEY WEST, MONROE COUNTY, FLORIDA FATS NINTH AMENDM ENT TO LF'.ASEAGREEM ENT is rnadeand ewered into this -day of October, 2024, between MC NROE C,()IJNTY, FLORIDA ("C' ar political subdivision of the State of Fllorida, whoseaddress is 1100 Simonton Strect, Xley West, Florida 33040, and SALIJTF WAIT'IRSPORTS, LLC ("CON"I'R AC"TO R"/"t FIS S F I a. 1,lorida, Innited liability company, whose, address is 1000 Aflan6c Blvd-, Key West, Florida 33040, WHEREAS, on October 17, 2018, the County entered into a L,eztse Agreernew \vrth Troj:)ica] Watersports, LIC, the predecessor in interest,, for the operation ol'a mobile concession on the CIarence S. I figgs Mei-rwrial Beach Park, Key West, Monroe (`ounty, Florida, (1wrehlatIcr "Original Agreement"), and WHEREAS, on July 17, 2019, the Monroe C70Unty Board of' County ("orm-nissioners ("BOCC") appn)ved the [.ease Assignment, assumption, and Consent ("AssignMent") of the 06gr`nalAgrcerrrent firorn 'Tropical Watersports, to Salute Walersports, for the operation ofa mobile concession on the Clarence S. I figgs Memorial Beach Park, Key West, Monroe County, aand WHEREAS, on December 11, 2019, the 130CC, approved the F"irst Amendinent to the Original .Agreement to reriew the term Cor the first of five (5) optional one-year perrods with lhe ferin W cornmenc°e retroactive to October 16, 2019, and terminate on October 15, 2020, and to a(IJUSI the CPl-U increase of 9( 'o retroactive to October 16, 2019-1 and WHEREAS, on June 17, 2020, the BO(.,C approved the Second Amendment to Lease Agreement to abate total monthly rental payments and the 7.51/) ni(:)nthly gross tamable sales payments due by Lessee Im- the rnorfths of March, Aprd, axid May 2020, dUe to Higgs Beach C()VID-19 cosures; and WHEREAS, on November 17, 2020, the BOCC approved The Third Amendment to the Original Agreement to renew the term for the second offivc (5) optional one-year periods with the term to commence retroac6ve to October 16, 2020, and terminate oil October 15, 2021, and to ad'just the (.'ICI.-I) increase c)1'2,30/0; and WHEREAS, on AUgUSI 18, 2021, the BOCC approved the Fourth Amendment to the Orig in,fl Agreement to renew the term of`the, Agreement Im the third ofthe five (5) optio:mal onc- year periods with the term to coniTnence on October 16, 2021, and terminate on October I 5, 2022, and thc rental aMOUIlt wasa(tiusted in accordancearinw.ffly with the percentage change in the U.S. Department of'Clominerce Consu,tmer Price Index (CTI-(J) for a.11 Urban Consumers as reported by ffie U.S, BureaLl ol"Labor Statistics at December 31 ofthe previous, year of' 1 ,4(N),- and W 1-1 EREAS, on January 21, 2022, the B(I) 'C" aappr•oved aa Fifth Arnendn'ictit to the OrIgimal Agreement to dbate one-hal F(I/2)ofthe montifly rental payment due by I..,essee for a partial month ofOctober 2021 and the full mouth of November 2021, due to Higgs Beach shoreline resioniti(,.)n proJect closures, which was initiated by the Counly; and WHEREAS, on September 21, 2022, the BOCC approved a Sixth Arnendinent to the Original Agreernent in which the parties renewed the term floran additional onc­ycar period with the term to cornmence on October 16, 2022, and terminate on October 15, 2023, and the renial aniourd was adjUStC(l 61 Ucordance with the percentarge change in the U.S. Department of C I ornmerce('011SUMCn,Price Index (C."PI-Up fcrr all Urban ConSUITIerS.1S,reported by the U,S. Bureau of' Labor Statistics at December 31 of the previous year of 71�'(), with the total monthly rent a] payn-mit increasing to Five Hundred Sixty-five and 52/100 ($565,52) Dollars, with an effective (1,atc of'October 16, 2022; and WHEREAS, On Decernber 7., 2,022, the BOCC, approved the Seventh Amendment allowing for abatement ofa portion of the rnonthly reroal payment for October 2022 dUe t() the I hirricanc lan Closures,- and WHEREAS, on September 20, 2023, the BOCC, approved the Eighth Amendment to the Orighial Agreement in which the County exercised its last option of'(5) optional one periods with the terin commencing on October 16, 2023 and terminating on October 15, 2024, and ,ad ustc ntage change in the ).S. Deparfinent of I Commerce J d in accordance with the pei-ce C',011SUITICT Price Index ((1314J) for all Urban Consurriers as reported by the U.S. Bureau of'Labor Statistic's at December 3 1 wit of"the previous year of 6.5%, with the total inonthly rental paynient increasing from $565.52 to $002,28 Dollars per month, el:R,,ctive October I Oth, 2023; and WHEREAS, the COUTIly will be issuing a Request for Proposals (RIT) for the concession at Higgs within the next few rrionths; and WHEREAS, it would be in the best interest of the County to extend the ClIrrent agreement until 01e anficlipated Start dale of the selected proposer of the nelw 1UP so that there is no intern,.iption of seryices dUring, the holiday season and awarding of the, new contract; and WHEREAS, the parties have found the Original Agreement, as aniended, to be r]Wtually be,nefic,ial-, and WHEJ�EAS, the parties 1"ind that it would be nit,itually beneficial to entcx into this Ninth Arnendment to Lease Agreenicnt, NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained hcrein, it is agreed as follows- 1 . Paragraph 5 of`the Original Agreenient is heret)y anwrided and [lie fbilowing sentence will be ,,idded, effective retroactively oil October 15, 2024: This Lease Agreemerit shall be extended for one (I) additional term, commencing retroactively ort October 15, 2024, and terrmnatmg onJanuary 15, 2025. 2. In accordance with Paragraph 6 of the Original Agreement, the County. . exercises the option to amend the agreement and the amount shall be adjusted in: f accordance annually with :the percentage change in the U.S, Department of Commerce Co�surner. Price Index: for�all.Urban Consumers as reported by the U.:S. Bureau of Labor Statistics at December .31 of the previous year of 3.4% with payments increasing .from $602.28 pet :month to $622.76 per month plus : $21.80 (3.5%) sales tax for a total of $04457 er month not includin the P: g percentage of gross taxable sales;:effective October 1 5, 2024f 3. . .Except as set forth in.Paragraph I and Paragraph 2 hereinabove,:all other provisions of the Lease; as amended, not:inconsistent herewith, shall remain in full fio force and effect. IN WITNESS WHEREOF, the parties: hereto have set their hands and seals the day and year first above written. . ,;;V'' ",, BOARD OF COUNTY:COMM1SSIONFRS: • 1t 0. rA�ttest P \ `1'N:MADOK CLERK OF MONROE COUNTY,:FLORIDA� 1 s..y-j,.J i r p p<L I� ....i y N ._ter•..• . , . i .71'5::11--il V. . ::. .111‘...:r.i.\,:lii::eb'l 0 COX.("irve\r\,,At . : • --- .‘0. :-* A. ,g . ' : . . . . i . : 11-1.----...-::r:.:3 gl.at--..1-::/,)'; ,, rz, ` r Asl; µput'y'Cerk. : (i r - i . Mayor ' . . ''•-, o- .. APPROVED AS TO.FORM Ci,LEG L SOF2 CIEYCY {,•in ti ✓ + Ff..r .�.. �.■ 3p r+�: 9,,Ekisty Att%Yg4,'it 0!ti.c• . Date _ �`�j .. (d ` : . r1.0.1.1.14.14cfti s,4rotact Witnesses for CONTRACTOR:: CONTRACTOR/LESSEE: . . . S I. T AIT S PO ` ., ate_. eI R.- - - k --m.....r<x ,fad' / : . .. ._----�:_4.�. ,�)---7:— of .� �'' ��� ('� , Sig.na.tur . : Signature:of person authorized to \- j - , . - . legally bind the Corporation .,LA:-.:;:r ''4 I VO'I 1 6.--•"...Le;\''IY\1 to 7/z-Li i Print Name Date - . ,..„,..„ - . - : . Date:: : V.,L? . ._L :12-r . . ,, . - : , - ../. , / . - ' : _Ri____10,P) t. : 11k---r -t--k • .1-)a_uei23 E. 7-a÷. . . t, s Print Nameand Title : . • - haw• � ^�'�.,� ' ,„, --'_•� Addre s c • i . - .\\*;(; 1 : ' f. . . . -:' : *-----:-. : : - KE.- \ ,AL -i--ca,------ 0.---1c4,--:, r7-1. ( , , / . ----- . - -1 : -..~., ,,::,.:- - :4,r--).- i',71) • ;,,, Y^r+, (-- 6• ,__� �„. �..,.' LI - .✓' i:a:0 R 14y am ' : _Sig\a-ure Telephone Number , : { b ' .. .. /�„��S �. � ���+. `rill+ �i\.i CI • 4�- aF � (�vaiF r I :.1 1' y.irl f`,•'^ate 1 . -'ra. .. .. ,.r..:......+ ,.IWK�ri. 1 �I Print Name and Date w, D SALUWAT-01 DORSEYRI ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT8/5/2 D/YYYY) 024 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 Julie Broche NAME: Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)537-2803 (A/C,No):(305)743-0582 Marathon,FL 33050 E-MAIL Julie.Broche@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Century Surety Company 36951 INSURED INSURER B: Salute Watersports,LLC INSURER 7 729 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 MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CCP5006204 8/2/2024 8/2/2025 DAMAGE TO RENTED 100 000 X PREMISES Ea occurrence $ X Owner's&Contractor MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OPAGG $ Included OTHER: HIRED NON OWNED $ 500,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 500,000 Ea accident $ ANY AUTO X CCP5006204 8/2/2024 8/2/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE j° k " AGGREGATE $ DED RETENTION$ `� r°^, ,„,„,,.,,., $ WORKERS COMPENSATION ,," �rv--"^^^'"` AND EMPLOYERS'LIABILITY ,�,�,�""" STATUTE EERH Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ d�.l 85.24 ,. , E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A ., (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under WAMMKt Y VW, 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) Named A/I CG 2011 1219-Landlord Monroe County BOCC is additional insured with respect to General Liability and Auto Liability when required by written contract as per form CG 2011 12 19. 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 ~e'r?r Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2018 Union MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. ;.,2 - &'),r/ '� , " LLB Contmc(or.,Vendor- Project or Service: Aec,-_eL ContractoriVendor Address&Phone 9 0 x? 154-et jos� -7 General Scope of Work.- C-k""3 U",4�-eAavv el--' - Reason for Waiver or 'o -ec', oc Modification: Policies Waiver or Modification will apply to: Signature of Con(ractor.'VerWor: ........... Dale: 4LL�_ Approved Not Approved Risk Managern"t Signature.... Dale, County Administrator appeal: Approved; Not Approved: Date: Board of County Commissioners appeal Approved: Not Approved: Meeting Dale: 431 off w ul, Administalfiv In str'udio 7500.7"J 104 -)IVA