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HomeMy WebLinkAbout12. 11th Amendment 02/19/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: February 25, 2025 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: February 19, 2025 BOCC Meeting The attached item has been executed and added to the record: C3 1 lth Amendment to the Salute Watersports, LLC Lease Agreement, extending the lease for a third additional term, beginning March 15, 2025, and ending March 31, 2025. 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 ELEVENTH AMENDMENT TO LEASE AGREEMENT TO EXTEND LEASE FOR HIGGS BEACH CONCESSION,KEY WEST,MONROE COUNTY,FLORIDA THIS ELEVENTH AMENDMENT TO LEASE AGREEMENT is made and entered 1 into this9% day of February, 2025, between MONROE COUNTY, FLORIDA ("COUNTY'T'LESSOR"), apolitical subdivision of the State of Florida, whose address is 1.100 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 operation 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 terminate 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 ten-ninate 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 ($565.52)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 5565.52 to$602.28 Dollars per month,effective October 16th, 2023;and WHEREAS, on October 16, 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;and WHEREAS, on December 11, 2024, the BOCC Approved the Tenth Amendment to the Salute Watersports, LLC Lease Agreement to correct a minor payment calculation that was identified in the monthly payment 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 and to extend the current Lease Agreement for an additional term commencing on January 16,2025,and terminating on March 16,2025;and 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,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 Eleventh Amendment to Lease Agreement. NOW THEREFORE, IN CONNSIDERATION of the mutual promises and covenants contained herein,it is agreed as follows: 1. Paragraph 5 of the Original Agreement is.hereby amended, and the following sentence will be added,effective on March 15,2025: This Lease Agreement shall be extended for a (3rd) additional term, commencing on March 15,2025,and terminating on March 31,2025.. 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. . r. COMMISSIONERS r'' 1'}Attest KEVIN MADOI�;CLERK ii,MONROE COUN Y Le- Di a g /,‘,.,::,,, , , ,,-,,,',-- \ ,..:: ,...).s''.224,,,k)k-rD(ii(vvtp - . . . ,41. ' - , .. . '--F P ; fa,F t,r, ',, 1 ,'„ AszDepu, Clerk y �r .t , a ,,r . • i1._ to ��;, =:� �p -;� •'i:{41._�pt'j;' tt APPROVED AS TO FORA!b LEGAL SUFFICIENCY .,---, t• r.. Moos a nnty Attorney's Office.. Daate 7511 "`' • e.o' Ass t County AttArcorney 9 . '''''''-::' Witnesses for CONTRACTOR:. C NT CTOR/LESSEE: SA1LUT E TE RSPO TS,LLC 1(j)7\K (,, _. Signatur Sign re of pe auth ''zed to • legall bind the Corporation 1) tav1:1 YV I o Y5 2JM)2S- Pnnt Name a Date Date: 7- L-t- 7),,....2, gIciravd tw A 111_ Print Name and Title Address: 72q Tetor SA- „,,,,<7',./_-____,f.-- „--______--- K,-c-‘,‘ Liatzyt) -f-L a304_c) Signature Telephone Number ,,,/"�� , 7/1/ 1___r; _0,r Print Name and Date/ , - ;._; ( " w SALUWAT-01 DORSEYRI ACORO"° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2YYYY) 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 INSURERC: 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 Xrl 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 PRO 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 ER H 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 CIS 2011 1219-Landlord Monroe County BOCC is additional insured with respect to General Liability and Auto Liability when required by written contract as perform CIS 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?rt Key West FL 33040 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2018 c(liban 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 an the following contract. - ConlmctorlVendor: a a cc U) Pr�j eel or Service: PI!111,41/1-1 ea, ContnctovVeridor Address&Phone It. oer Gtnergd Scope of Word. teez,41- (t 4.e e Reason for Waiver or P-I lo-er- Modificatlow .......... ------ Policies Waiver of Modification will apply to: Signature o(ContractofiVendor: .......... IV Approved I',, - ,� 4-, Not Approved Risk Management Sig More— County Administrator appeal, Approved; Not Approved: Datc Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: czi b4z), Administmi-ClAilruelio 1500.71- 60S'