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HomeMy WebLinkAbout2nd Amendment 09/10/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 24, 2025 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: September 10, 2025 BOCC Meeting The attached item has been executed and added to the record: C2 2nd Amendment to Commercial Lease with 1000 Atlantic Boulevard LLC known as Salute Restaurant to reflect mandatory 2.9 percent annual CPIU increase and repeal of State sales tax and discretionary sales surtax on rent. 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 SECOND AMENDMENT TO LEASE AGREEMENT FOR HIGGS BEACH CONCESSION/RESTAURANT THIS SECOND AMENDMENT TO LEASE AGREEMENT is made and entered into on this 10th day of September 2025, 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 July 19, 2023, the County entered into a lease agreement with Lessee (the "Agreement") for an original period of five (5) years renewable at the County's discretion, subject to annual rent adjustments in accordance with Paragraph 6 of the terms of the Agreement; WHEREAS, under Paragraph 6(a) of the Agreement, Lessee shall pay sales, use, or excise taxes, and any and all other sums of money or charges required to be paid by Lessee pursuant to the provisions of the Agreement; WHEREAS, under Paragraph 6(c) of the Agreement, an annual rental payment adjustment shall be made in accordance with a change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics on December 31 of the previous year using the most recently published indicator; WHEREAS, on August 21, 2024, the County adjusted the rental payment due under the Agreement to reflect the applicable CPI-U and applicable sales tax, in accordance with Paragraph 6 of the Agreement; WHEREAS, on August 1, 2025, the County adjusted the rental payment due under the Agreement to reflect the applicable CPI-U and applicable sales tax, in accordance with Paragraph 6 of the Agreement; WHEREAS, effective October 1, 2025, the State of Florida (the "State") repealed State sales tax and discretionary sales surtax on commercial rentals; WHEREAS, on October 1, 2025, the County will adjust the rental payment due under the Agreement to reflect the State's repeal of State sales tax and discretionary sales surtax on commercial rentals; and WHEREAS, the parties wish to reflect the adjusted rental payment due by amending Paragraph 6 of the Agreement; and WHEREAS, the parties believe this amendment to be mutually beneficial. 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. Paragraph 6 is hereby amended in pertinent part as follows (additions are underlined and in bold. Deletions are st+i ke t4r-et g ): Rental Amount(from August 1, 2025 to September 30, 2025) 1 To: Monthly Rent: g7; AA:00(Minimum)$71979.90; Monthly Applicable Use tax: $ S:40** $279.30 TOTAL Rent: $8 D2 0. S8,259.20 Current rate as of 8/01/25 4-14-2 3:7,'4>3.5/n (2.0% State,1.5/% Local) subject to change and rent amount due shall be.adjusted accordingly.'` Rental Amount(effective October 1,2025) To Monthly Rent:. 0,00(Minimm $7 979.90 TOTAL Rent: $ - $7,979.90 2. � Except as set forth herein, all other provisions of the Lease, as amended. shall remain in full force and effect. IN WITNESS.WFILREOF, the parties hereto have set their hands and seals the day and year first above written. ,, ,,,,� y I((6)cgz,—sp-,,,,, .. .. .. - .. .. ----(,sict, ,/,',4, c ,� , ) BOARD OF COUNTY COMMISSIONERS '' m' test,. s MADOK.CLERK OF MONROE COUNTY, FLORIDA; ili Qj . , A Avt t-,4. _-_....., I OR , ' f, r, , -----:.. \----'‘,...4,;;.,,-,,_ 1 ----,,r,i'rc-74.--' eitis',,:: ''' 0(440CA(1111.C11, 0 #.' '.. -,..!' - ' ,:r : \1/2:::.ti 41itr .1 "-.1....,.,L tit IC C D YO r ' ' ' ,: 4 k p y 1 rl< Mayor:Tames K. Scholl ,-1--,-WI`I ESSES: 1000 ATLANTIC BOULEVARD;LLC, A Florida Limited Lia lity Coi7ipany, L SE 7 3 ciii.. , ,J. >4` Signature12,z1 Titl :. Managing Partner Cather ikr ...:aiOrei.k d'''r-'&3 U.'.\ '''k'b Ft- S'I'' 'rife //I 111:( a_I- --cir)Ad9 4.1-r ' , . a . /di Print Name& Address Date -2G"' Signature and Print Name late ''esc Signature z jjf� /1/X,1 ° di elf i' ,. ir- • 1 #,•r s Print Name Ades' Date -��.- ,. M ...... 8/20/2025 q rw .. �., m '7 -:* ("" 1-11 aLe. O 1000ATL-01 DORSEYRI ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT/13/2D/YYYY) 025 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 Shannon Haddaway Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (A/C,No): Marathon,FL 33050 E-MAIL shannon.haddaway@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Accredited Specialty Insurance Company 16835 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 MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 2RMS17SO11304300 1/13/2025 1/13/2026 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ X Liquor Liability&H MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- � LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: LIQUOR LIABILIT $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO ' BODILY INJURY Per person) $ OWNED SCHEDULED �� "� AUTOS ONLY AUTOS � BODILY INJURY Per accident $ HIRED NON-OWNED ROPERT ntDAMAGE $ AUTOS ONLY AUTOS ONLY ` � -" """°'�"�""'""" APer 1 13 25 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE WAMM ? - = AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WC30600058172024A 1/1/2025 1/1/2026 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (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#CG 20 11 04 13. 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 '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&11horiedw 0 0 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 ��•�� DORSEYRI ,d►Co/?0" CERTIFICATE OF PROPERTY INSURANCE DAT1/13/2025Y) 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. CONT PRODUCER NAMEACT Shannon Haddaway Insurance Office of America A/Co,NNo,Ext: A/C,NO): 13361 Overseas Highway E-MAIL shannon.haddawa loausa.com Marathon,FL 33050 ADDRESS: yC PRODUCER 1000ATL-01 CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Frontline Insurance Unlimited Company 10074 INSURERB:Philadelphia Indemnity Insurance Company 18058 1000 Atlantic Boulevard,LLC dba Salute!On The Beach 729 Thomas Street msuRERc: 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) 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 $ 590,237 CAUSES OF LOSS DEDUCTIBLES 8291608270 01/13/2025 01/13/2026 PERSONAL PROPERTY $ BASIC BUILDING 5,000 BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ X SPECIAL RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ X WIND 5.0000% BLANKET PERS PROP $ FLOOD BLANKET BLDG&PP $ X Contents $ 150,000 X Restroonn Bldg $ 95,000 INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER P � " $ ._ `,m„_.1 13 2 E6 CRIME DA $ TYPE OF POLICY dt'aN� -�-" $ BOILER&MACHINERY/ $ EQUIPMENT BREAKDOWN B CL NFIP Flood �87043272272021 10/16/2024 10/16/2025 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. Monroe County BOCC is an additional insured with respect to property when required by written contract. 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 PHILADELPHIA NFIP Policy Number: 8704327227 tNSURANCEI COMq, NFFF ^S Company Policy Number:87043272272021 Agent: CINDY PERRY "k,•r 1111P INSURANCE OFFICE OFAMERICA INC 1855 W STATE ROAD 434 Payor: INSURED LONGWOOD,FL 327505069 Policy Term: 10/16/2024 12:01 AM-10/16/2025 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 REVISED FLOOD INSURANCE POLICY DECLARATIONS NATIONAL FLOOD INSURANCE PROGRAM DELIVERYADDRESS 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: 1 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 DISASTERAGENCY: CASE NO: N/A DISASTERAGENCY: N/A RATE CATEGORY— RATING ENGINE COVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DUE BUILDING: $200,000 $6,000 BUILDING PREMIUM: $6,336.00 CONTENTS: $160,000 $6,000 CONTENTS PREMIUM: $3,351.00 COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. Please review this declaration page for accuracy.If any changes are needed,contact your agent. INCREASED COST OF COMPLIANCE(ICC)PREMIUM: $75.00 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 please contact your agency."MITIGATION DISCOUNTS"may apply if there are approved flood vents and/or the COMMUNITY,RATING SYSTEM REDUCTION: ($19.00) machinery&equipment is elevated appropriately.To learn more about your flood risk,please visit FULL RISK PREMIUM: $9,743.00 FloodSm art.g ov/flood costs. ENDORSEMENT EFFECTIVE DATE: 10/29/2024 12:01 AM ANNUAL INCREASE CAP DISCOUNT: ($0.00) ENDORSEMENT PREMIUM: $0.00 STATUTORY DISCOUNTS: ($0.00) CHANGES APPLIED TO: 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. PRORATA PREMIUM ADJUSTMENT: $0.00 ADJUSTED ANNUAL PREMIUM: $11,794.00 John Glomb/ resident and CFO 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' 31121251 Page 1 of 1 IIIIIIIIII Jill IIIIIIIIIII DOCID' 245490754 Printed 10/29/2024 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. 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