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Home My WebLink About11. 10th Amendment 12/11/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 20, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: December 11, 2024 BOCC Meeting The following item has been executed and added to the record: C6 loth Amendment to the Salute Watersports, LLC Lease Agreement, extending the lease for a second additional term, beginning January 16, 2024, and ending March 15, 2025. Additionally, a minor correction has been identified in the monthly payment calculation from the Ninth Amendment. The increase in the monthly payment from $602.28 to $622.76, plus the 3.5% sales tax of$21.80, should result in a total of$644.56 per month, rather than $644.57, 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 TENTH AMENDMENT TO LEASE AGREEMENT TO EXTEND LEASE FOR HIGGS BEACH CONCESSION, KEY WEST, MONROE COUNTY, FLORIDA THIS TENTH AMENDMENT TO LEASE AGREEMENT is made and entered into this lith day of December, 2024, between MONROE COUNTY, FLORIDA ("COUNTY"/"LESSOR"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SALUTE WATERSPORTS, LLC ("CONTRACTOR"/"LESSEE"), a Florida limited liability company, whose address is 1000 Atlantic Blvd., Key West, Florida 33040. WHEREAS, on October 17, 2018, the County entered into a Lease Agreement with Tropical Watersports, LLC, the predecessor in interest, for the operation of a mobile concession on the Clarence S. Higgs Memorial Beach Park, Key West, Monroe County, Florida, (hereinafter "Original Agreement"); and WHEREAS, on July 17, 2019, the Monroe County Board of County Commissioners ("BOCC") approved the Lease Assignment, assumption, and Consent ("Assignment") of the Original Agreement from Tropical Watersports,LLC,to Salute Watersports,LLC,for the operatio❑ of a mobile concession on the Clarence S.Higgs Memorial Beach Park,Key West,Monroe County, Florida; and WHEREAS, on December 11, 2019, the BOCC approved the First Amendment to the Original Agreement to renew the term for the first of five (5) optional one-year periods with the term to commence retroactive to October 16, 2019, and terminate on October 15, 2020, and to adjust the CPI-U increase of 1.9%retroactive to October 16, 2019; and WHEREAS, on June 17, 2020, the BOCC approved the Second Amendment to Lease Agreement to abate total monthly rental payments and the 7.5% monthly gross taxable sales payments due by Lessee for the months of March, April, and May 2020, due to Higgs Beach COVID-19 closures; and WHEREAS, on November 17, 2020, the BOCC approved the Third Amendment to the Original Agreement to renew the term for the second of five(5)optional one-year periods with the term to commence retroactive to October 16, 2020, and terminate on October 15, 2021, and to adjust the CPI-U increase of 2.3%; and WHEREAS, on August 18, 2021, the BOCC approved the Fourth Amendment to the Original Agreement to renew the term of the Agreement for the third of the five (5) optional one- year periods with the term to commence on October 16,2021, and ten-ninate on October 15, 2022, and the rental amount was adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 1.4%; and WHEREAS,on January 21,2022,the BOCC approved a Fifth Amendment to the Original Agreement to abate one-half(1/2)of the monthly rental payment due by Lessee for a partial month of October 2021 and the full month of November 2021, due to Higgs Beach shoreline restoration project closures, which was initiated by the County; and WHEREAS, on September 21, 2022, the BOCC approved a Sixth Amendment to the Original Agreement in which the parties renewed the term for an additional one-year period with the term to commence on October 16, 2022, and terminate on October 15, 2023, and the rental amount was adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 7%, with the total monthly rental payment increasing to Five Hundred Sixty-five and 52/100 (S565.52) Dollars, with an effective date of October 16, 2022; and WHEREAS, On December 7, 2022, the BOCC approved the Seventh Amendment allowing for abatement of a portion of the monthly rental payment for October 2022 due to the Hurricane Ian closures; and WHEREAS, on September 20, 2023, the BOCC approved the Eighth Amendment to the Original Agreement in which the County exercised its last option of(5) optional one-year periods with the term commencing on October 16, 2023, and terminating on October 15, 2024, and adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 st of the previous year of 6.5%, with the total monthly rental payment increasing from $565.52 to $602.28 Dollars per month, effective October 16th, 2023; and WHEREAS, on October 1.6, 2024, the BOCC Approved the Ninth Amendment to the Salute Watersports, LLC Lease Agreement to 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. WHEREAS, the County will be issuing a Request for Proposals (RFP) for the concession at Higgs; and WHEREAS, It would be in the County's best interest to extend the amended Agreement until the anticipated start date of the selected contractor from the new RFP, ensuring that services are not disrupted. ; and WHEREAS, a minor correction has been identified in the monthly payment calculation from the Ninth Amendment. The increase in the monthly payment from $602.28 to $622.76, plus the 3.5% sales tax of$21.80, should result in a total of S644.56 per month, rather than $644.57, not including the percentage of gross taxable sales. WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Tenth Amendment to Lease Agreement. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Paragraph 5 of the Original Agreement reement is herebyamended, and the following g g sentence will be added,effective on January 16, 2025: This Lease Agreement shall be extended for a (2nd) additional term, commencing on January. 16, 2025, and terminating on March 15, 2025. 2. in:accordance with Paragraph 6 of the Original Agreement, the County exercises the option to amend the agreement. The amendment will adjust the monthly payment to reflect the correction identified in the Ninth Amendment. • Specifically, the increase in the monthly payment from $602.28 to $622.76, plus the 3.5% sales tax of$21.80, should result in a total of$644.56 per month, rather than $644.57, not including the percentage of gross taxable sales. 3. Except as set forth in Paragraph:1 and Paragraph 2 hereinabove, all other provisions of the Lease, as amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 0 44.0 It'(5 ,r: . A e BOARD OF COUNTY COMMISSIONERS #* iN MADOK, CLERK 0 MONROE COUNTY, FLOR,DA . c,:..,...,-;-,, ‘A, la a _ ,A , , lik . • .-*' ' . 1 4 01/4)Y0 ' f\ar lit' - —, ' ' I a '. 1), ...... ..,.....,L,,,.,..: ),,-:,::,::.;,, . t B . , '' . ' - -- li, ... ....',..,;:_,,,, i.„‘: ;01-7 -zio J ty '1 erk 4V ayor .,. - , ,S . �,� ' '�+ f ,"r �� APPROVED AS TO FORM"S LEGAL SUFFICIENCY .fr Z 1 ;1 Mo' e orinty Attoraey's Of$ce thaila'tellies Archer Ass tent County Attorney Witnesses for.CONTRACTOR: CONTRACTOR/LE E _ )WA ;RSPO P <---- . ------, c: V \ - I \ \ 11 YI— 1 ' ic - ' t '4 .1\--1 J:: ,.....-- ._...„-_, . Signature Sig'hature of person authorized to �, 1kIL/'- Printlegally bind the Corporation /Qh.=1----riU 1 0---_ v 1 i Z Name a Date 2 Date: i�� LA 5' 2 c))' . iC,6t C,.-, Print Name and Title Address: '7 q ,:) Telephone Number Signature C`r ► c ;w-r v r i Print Name and Date