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Home My WebLink AboutItem C07 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 y Craig Cates,District 1 James K. Scholl,District 3 � « Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: C7 26-0205 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: NA STAFF CONTACT: Tammy Acevedo AGENDA ITEM WORDING: Discussion and direction regarding the potential assignment and assumption of the Lease for food and beverage concession services at Higgs Beach from 1000 Atlantic Boulevard, LLC to Southfarthing, LLC, including consideration of the purchaser's request to exercise a five-year renewal option. Pursuant to Section 5, Renewals, of the original agreement, the Lease may be renewed at the County's discretion, subject to approval by the Board of County Commissioners, for up to five additional five-year terms upon timely written request by the Lessee. ITEM BACKGROUND: 1000 Atlantic Boulevard LLC, doing business as Salute Restaurant, is a long-standing leaseholder under a Food and Beverage Concession Service Lease issued by Monroe County for the operation of the concession/restaurant located at Clarence S. Higgs Memorial Beach Park("Higgs Beach"). 1000 Atlantic Boulevard, LLC (Salute Restaurant) has entered into an agreement to sell the assets of its Food and Beverage Concession business at Higgs Beach to Southfarthing, LLC, contingent upon Board of County Commissioners (BOCC) approval of the assignment of the existing Lease. The Lease is set to expire on August 12, 2028, however, has the option of five renewal periods of five years each. Southfarthing, LLC has expressed interest in the discretionary power of the BOCC to review a request for renewal prior to the Lease Assignment and closing of the purchase between 1000 Atlantic Boulevard, LLC and Southfarthing, LLC. Southfarthing, LLC has responded as follows to the litigation section within the initial Request for Proposal: Litigation—Please provide answers to the following: 1. Has the person, principals, entity, or any entity previously owned, operated, or directed by any of its officers, major shareholders, or directors ever failed to complete work or provide the goods for which it has contracted? If yes, please provide details. NO 2. Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against the person, principals of the entity, or entity, or any entity previously owned, operated, 2. or directed by any of its officers, directors, or general partners? If yes, please provide details. NO 3. Within the last five (5)years, has the person, principal of the entity, entity, or any entity previously owned, operated, or directed by any of its officers, major shareholders, or directors been a party to any lawsuit, arbitration, or mediation regarding a contract for services, goods, or construction services similar to those requested in the specifications with private or public entities? If yes, please provide details. NO 4. Has the person, principal of the entity, or any entity previously owned, operated, or directed by any of its officers, owners, partners, major shareholders, or directors ever initiated litigation against Monroe County, or been sued by Monroe County, in connection with a contract to provide services, goods, or construction services? If yes, please provide details. NO 5. Within the last five (5)years, has the owner, an officer, general partner, principal, controlling shareholder, or major creditor of the person or entity also been an officer, director, general partner, principal, controlling shareholder, or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in this request for competitive solicitation? If yes, please provide details. NO PREVIOUS RELEVANT BOCC ACTION: On July 19, 2023, the BOCC approved the Lease Agreement for Higgs Beach Concession, Key West, Monroe County, Florida, with 1000 Atlantic Blvd LLC for food and beverage concession services at the location known as Salute Restaurant. On July 19, 2024, the BOCC approved the First Amendment to the original lease agreement for a rent abatement due to the atypical construction impacts that may have impacted Salte Restaurant and to correct insurance requirements. On September 24, 2025, the BOCC approved the Second Amendment to the original lease to reflect mandatory CPIU increase and repeal of State sales tax and discretionary surtax on rent. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Southfarthing, LLC will replace 1000 Atlantic Blvd, LLC as "Lessee" or "Tenant" under the Lease Agreement for Higgs Beach Concession, Key West, Monroe County, Florida, dated July 19, 2023, as amended. STAFF RECOMMENDATION: Approve. DOCUMENTATION: Salute Lease Assignment and Renewal Option Request Lease Agreement for Higgs Beach Concession 7/19/2023 First Amendment to Lease Agreement 7/17/2024 Second Amendment to Lease Agreement 9/10/2025 FINANCIAL IMPACT: None as the Assignee would assume all terms and conditions under the original agreement, as amended, and thus have the same financial impact. 7, Discussion and directionregarding the potential assignment and assumption Oft e Lease for beveragefood and ssi ices at Higgs Beach from t tic Boulevard, LLC to Southfarthing, LL , including consideration Oft e purchaser's request to exercise a five- year renewal option. t to Section5, Renewals, of the originalagreement, the Lease may be renewed t ' isti , subject vBoard of County Commissioners, for up to five additional five-year terms upon timely written request by the Lessee. Nodal-Erika From: Allen-John Sent: Thursday, January 15, 2026 10:07 AM To: Nodal-Erika Subject: FW: Salute Lease Assignment John Allen, CPRP Monroe County Parks and Beaches, Director Big Pine Community Park 31009 Atlantis Drive Big Pine Key, FL 33043 (305) 304-671 1 (Cell Phone) w I'am �a Monroe County, Florida "The Florida Keys" PLEASE NOTE: FLOIZIDA HAS A VERY BIROA RECORDS LAW. MOST'W IZIT'T'EN COMMUNICATIONS TO O1R F'ROM TEE COUNTY IZE(C4 DIN(� COUNTY 3USINESS AIRE PUBLIC'IRECOIRDS AVAILABLE TO TWE PU3LIC AND MEDIA UPON (REQUEST'. YOUR EMAIL COMMUNICATION MAY 3E SUBJECT TO PUBLIC DISCLOSURE. From: MacLaughlin-Jeni <MacLa ugh lin-Jeni@MonroeCounty-FL.Gov> Sent:Wednesday,January 14, 2026 4:24 PM To: Hurley-Christine<Hurley-Christine@MonroeCounty-FL.Gov>; Wilson-Kevin <Wilson-Kevin@ Mon roeCounty-FL.Gov> Cc:Allen-John <Allen-John@MonroeCounty-FL.Gov> Subject: FW: Salute Lease Assignment All please see the below request. Jeni MacLaughlin Assistant County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 (305) 295-3172 From: Patrick Stevens< , ....n m ......r............. ..........n I .c i > Sent:Wednesday,January 14, 2026 4:14 PM To: MacLaughlin-Jeni < cL u Olin-J....ni....................................................... ....... nr e u...............nt -FL. > 1 Cc: Brett Tyler Smith Subject: RE: Salute Lease Assignment 000 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not dick links or � open attachments you were not expecting. ]eni, Good afternoon, after speaking to Seller's council, Brett Smith, who | have copied on this email, |think they will be asking for their first S years renewal pursuant to paragraph 5 of the lease. | do not think any lender will provide e loan with the lease set to expire August l2, 2O2O. The current lease provides for uptoSS'year extensions provided the request is made 60 days prior to the termination date. A request for the first 5-year extension is within the timeline as provided in paragraph 5 of the lease. 8rett, Please correct meismy understanding isincorrect. Sincerely, Patrick Patrick M. Stevens Wolfe Stevens PLLC 5QOO Overseas Highway, Suite 3 Marathnn, FL33O5O 305'743'9858OfMce 305'743'7489Fax Email: ()IfC�; Stevc Attorneys at Lav CONFIDENTIALITY NOTICE THIS E-MAIL IS INTENDED ONLY FOR THEABDVE'NAMED RECIPIENT(S)AND IS CONFIDENTIAL This e-mail message and attachments, if any, are intended solely for the use of the addressee hereof. In addition,this message and attachments, if any, may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient of this message,you are prohibited from reading, disclosing, reproducing,or otherwise using this transmission. Delivery of this message to any person other than the intended recipient is not intended to waive any|ago| right or privilege. If you have naoaivad this message in error, please promptly notify the sender by e-mail and immediately delete this message and attachments, if any,from your system. GENERAL DISCLAIMERS Any reliance on the information contained in this correspondence by someone who has not entered into a fee agreement with Wolfe Stevens PLLC is taken at the reader's own risk.The attorneys of Wolfe Stevens PLLC are licensed ONLY in Florida and do not intent to give advice to anyone un any legal matter not involving Florida Law. This email communication nor anything herein ia intended aaan admission or offer/acceptance nor does it create a binding agreement between sender and any recipient unless the communication specifically indicates otherwise. REAL ESTATE DISCLAIMERS Wolfe Stevens PLLC has no implied or express authority to modify, amend, or cancel any contract on behalf of a Buyer or Seller. All communication is for the purpose of scheduling and coordinating the closing. Nothing contained in this email shall be binding upon a Buyer or Seller without their signature. WIRE TRANSFER DISCLAIMER: Due to the requirements as stated in the FAR/BAR contract and the increased activity of fraud, effective immediately, all closing funds from Buyers must be sent via wire transfer. DO NOT WIRE any funds to this office without first receiving wire instructions and confirmation of transaction. From: MacLaughlin-Jeni <MacL u...................................................................... hlin-Jeni.. ............................................................. nr u...................nt ILL. > ........................................................................... Sent:Wednesday,January 14...................................................................., 2026 12:30 PM To: Patrick Stevens<stev� ns irn r th nl .c r > ..................................................................................................................................... Subject: Salute Lease Assignment Good afternoon, I understand that your client as Buyer for Salute, is requesting an extension of the original lease.Your request for extension includes two additional term periods for an amount of five years each. We are reviewing this and discussing internally through the appropriate channels. Best, Jeni MacLaughlin Assistant County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West,FL 33040 (305)295-3172 Cell: 305-797-1039 3 COURPC Ck)....... v. Knin Madok, CPA i tq for of the Circuit Court& Comptroller—Monroe County, Florida DATE: July• 20, 2023 TO: J()liii Allen Director()ITarks eaclies ATINO Naonii Midas 11',xecutive Assiswit VA *C FROM: Pwiiela G. Haiico (, SUBJECE July 19d' BOCC Nlec tin g Attaclie(l is a electronic copy()fthe fi)l1()i%r1ng item fory()tir limidling.: D4 Lease Agreement with 1000 Atlantic Blvd. LLC for Higgs each Food and Beverage Concession Services. Sliould y()u Haire wiN,questi()ns p1case feel Free toy contact ine at (30) 292-3550. CC'*, County AttonicN, Filialice 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 Lease Agreement LEASE AGREEMENT FOR f 11 EAC7H, CONCESS_G KEYWEST, MQN.R10E...00UN. Ty RIDA -Lmt-ELO THIS; LEASE AGREEMENT i �e and eniered into on: the 19th day of July add.r s 44C '3:1 - ess i I 100 S"mon to n My r", who State of Florae, hereinafter refeffedi-to as ou or;"Lesso se Street, Key West-, Florida 33.040, and 1000 Atlantic Blvd LL.C, a Mon'& Limited Liablj...l i ty Company, ;who mailing address is 729 Thomas Street, Key West, Flofida 33,040, hereinafter referred to as"'Lessee"or""Tenant". WHEREAS, Lessor 11s: the owner of the Clarence S. Higgs Memorial Beachi Park,, hereinafter."Higgs Beach,",and WHEREAS, County advertised vi'a, the competitive solicitation process: a Request, for - `gg Bea ,, Proposals (."RFP" od an) for Fod Beverage Concession Setv'ces Con cessio.n at H s ch through which Lessee was,deemed the highest ranked responsive, cont orm-ing proposer; and, WHEREAS,Lessor desi.,res to,grant to Lessee a non,exclusive right to maintain and operate a Food and Beverage concession(s)at Higgs Beach at Key West, Flon,da,and WHEREAS,the Lessee desires to enter Ito such a,lease and', repiresentsto the,Lessor that it 1"Is qualified to operate a cone essi"on(s) and has the financt"al, resources to undertake such an operation; NOW, THEREFORE, IN' CONSIDERATION of the premises and of;mutual, covenants and promises hereinafter contained,the parties do hereby agree as follows', I. Premisesi. The COLNTY as LESSOR. does hereby lease unto: LESSEE and the t 'I -I.LESSEE does hereby accept from the COLNTY,., 'in:its "as 'is condition, the Premises 'dent ted, and shown on Exhibl't hereinafter the "Premises", for use as, a,Concession, st tuated at 1.000 Miami I c Boulevardl,Key West,'Monroe County,Flofida,,. Exhibit"A""is.attached to this agreement and made.a -rated by reference. part bereof and in.corpo. 2., Lease..Documents. The I-ease documents,of wb,tch.the sa ;re e.meat is:a., art consists of the lease documents, wW,ch are:as follows.: This agreement and any amendments executed, by, the ere. after,.together with,the RF.P and any addenda,the response to the RF;P,and any attached, partiesn exhib"ts there and all required insurance documentafion. 'In they:event of a discrepancy between the documents, preciedence shallbe determined by the order of the docmeats,as justlisted. Page I of 21 3. SSA of'Work,a,n:d Big uiati*ons. The; Lessele shall. maintain. and, operate a ' ... ............................... concession I busi W ness for the purpose of food and bieverage concession, and/or any other enterprise a,p propn,ate for the location(s), currently located on that cert-ain portion, of eggs Beach as evidenced onthe attached,Exhibit"A",. (a)The Lessee shall provide: a 1i'st of food and beverages to be provided with pnctng,, The County reserves the right,toreject any items or servizesit finds inappropnatel Objectionable, it -w"th -the. or not in the besit 'Interests of the County-, Lessee: -is penn' ted -to employ- entertainment I written,consent,ofthe'Di-rector of.Park s and:Beaches or his des'ignee',: (b) Th,e Lessee imust comply with,all the applicable requi,rements:of the staitutes,rules, ordinances, regulan 0 ons, orders, and poi licies of the federal, state, counry, and city goveni-ments includins but,not limited,to LWC F regulatto.-ns,'In effect on,the,effective date of this Lease or later adopted. (0 Lessee shall be required toi obtain and maintain,Monroe Counity,and,City of Key West,O ccupational Licenses More beginning operat"ions Lessee shall also be!responsible fbr obta I iningand m, aintw'ning:any additional ficenses wh requ*red by Lessee' operations lehmay be i s, V ed e at Higgs Beach be fore b rig operations.A co'py of al I I.icen ses must beproviW to,th County Parks and Beaches Sr. Budget Manager within fifteen (15)days of contract award'. 4w T'i erm. Th s 'Lease Agreement steal I commence: on the 'I 2th. da y- of August, 2,023, and 14 will.tertm,i i rat e on.the 1,2th, day of August,2028, unless termInated,earlier under anothen paragraph Of this agireement., ,5,. .Renewals., Th,is Lease may be renewed, at. the County!'s diScreb"'on., contingent upon 5-f County Com mr fo :fiv ( ) na l five( )fart nnsi W tten approval of the Board o. MIS5,10 . s r e 5 additio OP 'upon written request by the Lessee,.provided at least sixty 1(60) days pnOr to termination of the 'Lease or any renewal.thereof. 5 6. 'Rentai,_...ma,i,,Utenaince,Fee gnd Tax. 4. 10 (a) RENT: The minimum base rental payment (hereinafter collectively known as collectively known as "Base Rent,"'), shall include rent, and appliecable tax. The Rent for -the. IF Premises is a minimum, of $7,500,.00 ',Dollars per moat h, beginning on August 1.1, 2021, and thereafter p4yable "in advance on or before the first business day of each.and every month,, LESSEE SHALL PAY SALES,USE,or EXCISE TAXES and,any and all,other sure of money p.r charges ilk 1 0 M required io be paid by Liessee pursuant to the provi.lions ons of this lease,, Rental Amount Page 2 ofll W To. Monthly Rea: $77:500.00 (Mi[nimum.4) Monthly Appficable Use tax., $i 525.00 TOTAL Rent,,,, S8t025*00 Current rate as of 0 1/0 1/202 3 '7%(S tate.and,Local)su0i ect to change and rent amount 1w due shallbe,a4justed accord-lingly. (b) PERCENTAGE (%) GROSS TAXABLE SALES,-, In addition to the monthlY rental, payment, Lessee agrees to pay Lessor Two and One-half Percent(1.5%)i of -the monthly gross�taxable generated by Lessee's operation of the food,and.beverage concessi,on space as shown on Exhibit "A"I with :a guaranteed combl"ned, 'total minimum of Flifteen Thousand Doillars ($15,000,00) per month.. Stated differently, the percentage portion. of;the rent shall, be equal to a mintmum.of Seven,Thousand Five Hundred Dollars($7,500.00)per month,.in add ifion to monthly 'base rent of Seven, Thousand Five H dred, Dollars ($7,500,,00) per month. Monthly gross un revenues are detennined, on a, monthly basis. A calendar year; shall run ftom Jwwary 'I st through December 3 1,st inclusIve. Payment of charges under this subparagraph shall be made R 41 in monthly Instalment ls. A statement, including proof of -monthly revenue and a log documentang days and hours of;operat",on, shall, be prov'I'ded by the Lessee to ;the Lessor eac h, month along,with an,accurale and complete copy of-the State of Florida Department:of Revenue, Sales and Use Retum ,DR45 (or such forms as the State of Florida shall hereafter substitute for sal dform) showing,the full.amount of Lessee's Gross recielpts from.the Demised,Premises ding 'The Statement must be in,affidav"t fbnn. Lessee I nthly on an, the prey-ions month.l. I shall remit mo arrears bass s the greater amount of either 25% of gross taxable sales or the monthly guaranteed minimuni. ($7,500.010). Payment shall, be made no later than the 25th day of the month payment is due, ix. January payment by Fe ,niary 25, February by March 25,ew. Tbe Lessee must provide the.Cotinty with the sales tax,records for each month or quarter depending,on 'j; - - f-ft do .00) Lessee"s fitfin g require en ts and rema,the differen -.s ce. Lessee su'bj ect to a i y- llar($50 late submission. Penalty should Lessee not. Nrr"'sh, to Landlord ,es of For DR-15 'by the twenty-fifth('25th)i day of each month, "'Gross Sales" shall meauft, the amount ofsales, of-all mere hands e, fboid,or services sold or rendered at or derived, from -tbe use of-the Demised Premises by Lessee or any sub-Lessee, licensee, etc. Lessee may deduct from Gross Sales.- 0.) any refund to customers,, provided thqy and ii)the amount,of any sale si., use o sil m 1"lar-tax l -vied upon have been included in Ciross Sales, r e reta'il sales and payable over to -the ap onty. prol.priate govemmental auth (10 An annual rcntal payment adjustment shall be,made in accordance with the percentage 0i change "'in,the Consumer Nice Index. for urban cons -U) fb.r the, prior calendar-ear r all umers (CP1 Y ending on Diec.em'beir 34st. The increase will take effect. on the anniversary month of the month Pagg,3 of 2 t when the operafion opened ror business.,In the off''a deflationary CPI.-'U,.no.adjustment in the. lease amowit will, be m,ade. All payments shoed be made Payable to the Monroe CGunty ROCC and directed to the: Monroe County Parks and Beaches Department, Contract Monitor, 102050 Ovemas Hwy-.,,,Key Largo, FL 33037# (d) Lessee must,open the operation for business within thirty (30)days off'the effective. date of this Agreemen(A (e) Lessee, Shall maintain all books, records, and documents directly plertinent to M. Performance under this Agreement in. accordance with generally accepted accounting princ,i.ples #consistently applied. Each:party, to this Agreement,or their authonzed representatives shall have reasoinabile and tim ely access -to; such records of'each other party to 'thi's Agreement or publi-C. A records purposes,dunng the term he Agreement and,for four(4)years-following the term Mation of this reement. -ual: operat,'ng statement prepared and certified by a Certified Public- Ag -An ann. t Accountant (CPA)., must be provided to the Lessor on or before February 28 of the following year and,shall,lin.clude'With reasonable detail,the amount of Gross Sales made by Lessee from the Demj*sed,Premises auntig-t h..e preceding lease Yeari Y) The Lessee must pay all assessments, -taxes, Including sales, taxes, levied 'by any govemmental body with the power to impose assessments or taxes. The Lessee must fro vide the County w1th, the sale s tax records for each month. or quarter depend*jng on Lessee's filing, requirements as set for Paragraph 5(b)hire t.a. (g) The, amounts due under sections: 5(a), 5(b), and 5(fl� shall ns t the total Mondfly rent., Notwithstandin.g. any grace period herein, 'total, rent not Paid, when due shall bear interest from the date:due until pad at the highest-rate pennitted,by law. (h) The Lessee must, provide: all, items and equipment needed for the operation Mcluding, 'but. not Iimi*ted kitchen eq'uipment, shelving, display cases, tables, chairs...,. v -Y Lessee's, "IeM-9 and equi. end mustbe rem ved from refrigeration units, cooking apparatus etc., t 0 the outside of the Premise's at. the end ofeach day or secured in a location within Lessee's concession space, as agree d upon with the Liessor, in such, a manner as to not anterfere w"th any, d 1. ng opleratt 1. ofany kind,that may be on the aily beach cleani ons. A11 property Premises during the term of this Lease Agreement shaIlbe at the Sole ri,*of-the Lessee. Tlie'Lessor shall not be liable -f loss or damage -to propi.erty, or persoin on the -to the Lessee or any other peerson . or any injury ■ pr mi tses. (J) Notwithstand'i"ng anything set forth 'in.paragraph 10 of thi.s agreement,if the Lessee .-I i . e Hails-to pay any rents or fees due under this,Lease w*tb n,f ft en 0 5.) days after the Lessor nofif es 4 eft the Lessee in wn'ting that,the rent or charge is overdue,then the Lessor may,in its discretion,eft Immediately or later, expel the Lessee and any persons claimIng the: P.Mmises by or through the y; -t ing gu,ilty of trespw.s and, without Lessee, and remove an of the Lessee effects w1thou , be" Page 21 4 prejudice or waiver to any other available temedy the Lessor m,]:'ghthave for the recovery of the rent or charges due from the Lessee. Upon the Lessee's expulsion, this Lease wifll terminate. wl However,, the Lessee"s obligati-on to pay the rent or charges due, 11. surv've the tern tat w. Overdue rent and charges will accrue intereist beginni'ng the 16 1h day after the Lessee was: notified, in, VM'ur g. by the Lessor that the renter charges were overdue. 'The 'interest, 'rate will, be; 10 en r t d1i n whi tc h-the i rt o that, establ fished by the Comptroller under See. 55.,03, Fla. Stat., for the year - charge first became overdue,,, '7.,Forcy�,,.MWeurelb, Neither party shall be Iis e for any;tenure or delay to the;perfoffnance, of its obligations under the; 'Lease Agreement 'to the extent-, such failure or delay -necessarily I Ivi -he control or reasonable results, from the occurrence of a Force MAjeure Event beyond t anticipation of either party, including, but, not� 11milted to, coMpIliance with any unanficipated gov cul -th's Agreement,emment law or! regulatlon, not,otherw1se 'in effect at the time of ex fion of 1 acts of God, unforeseeable govemmental acts or o'MI'SSI'Ons' flood, fires, earthquakes, explosion', tropical. stonn, hum'cane or other declared, emergency i I n. the geographic area of the Premises, 01 0 10 n. �reats,,nots,or other c Al-unrest-in the geog h strikes,natural disasters, wars,, terrors A th I I rap. ic area of' the Premises., transportation. pro'blems, plague, eplidemitc, I outbreak's of infectious pandemic disease or; any other public. health crisis, i including quarantine or other public or employee restficfions, and/or any other unforeseeable cause whatsoever!'beyond the reasonable, control of the Parties(and such cause being referred to as a"Force Majeure.Events'),, (a) 'Upon the occuff,ence.of:a Force Ma" Event -the non-plerform, shall. be eure , ing party excused.from any further-performance of those obligations under this Agreement that are affected 'by the Force Majeure Event for astiong.as(a')the, Force Majeure Event continues';and(b)the one reasonable efforts to recommence:performancc performinga party; continues to use, cormmerc'I ally whenever and to Whatever extent possible without delay -MUpon the occurrence of a Force Majeure E vent, the non-pierto rming party: shall �i . notify the other party of the occuffence of'such,event and describe-in remnable detail the effect(s) of such event upon, the party's: performance of its obligations and dufies pursuant. to thl i S 10 Agreement. Such. notice shall be el livered or otherwise communicated -to the other:party wt thin. two(2)business days following the faiture or delay-caused by the Force Majere Event,or as soon. Me after such faflure or delay 'f aU nn,as Possi. i the Force M 'eure Event precludes the non-.perfo -ing party firom providing notlice within such.time peniod. ( A parties c) :In the event. of a. Force Majeuire Event, the, time for performance by the under the applicable scope of'work shall.be extended for a-period of time equal to the time lost by reason of such cause through execution of an,amendment:pursuant to the terms of the Agreement. 8,.rusnnneL Page 5 Of 21 "ble f6r�the superv's'on,, ovvn (a) The Lessee,WHI be responsi I I inng,.and, f rig of their A 'ble -for -the poy, worke ':s compe s insurance, ana nst n ation employees and shall be, solely reivo benefits. (b) Conununicatlion,between the County Representative and the concession personnel is very important. There-fore,the Lessee.must assure that at least one(1)concession personnel can communicate well.with the County Representative. Any employee fired the'Lessee will be the Lessee's employee and in no ;way has any association, with.the County. The Lessee shall insure that Its, m -et wi,th all such eployees are, tra'Ined ]i n. ll. a r appopinate saf y regulations,i comply �pplicable laws and regulations and comply with all other local,State, and Federal regulations. (c) The parties further agree that. faflureby C'mitractorlRespondent-to perf mi any of the duties descn"bed 'in this -paragraph shall cons Lute a maten,al 'breach of the contract entith.ng County to tenninate this contract,Immnediately vn*th no ffirther responsibluty. to make payment or perform any other duties described herein.. 9.Hours of Overation. The Lessee agrees W fumish good,. prompt and efficlent servIce; 4 � 11 o and/br merchandise-to meet all demands for concesston.service at Higgs Beach. Lessee sha ffer conststeint.with s-mflar -ods and services presently qual-Ity products at competit!"ve prices afleast i i go being o5ered locally"In.other localfaci-141'es. At I pricing for all goods and,services are to be posted and v'I'sl'blefior all customers. The operation,Must-'be open for service a minimum oT six (6)days a week as a concession/restaurant Monday-Sunday,includi'ng holl-days,anytlime between 7:00 A.M. aw 1,1:00 P.M., and shall not exceed the establIshed beach hours as specified In Monroe; County 'H me, ,,ours: of operation m Ordionance I 8-26(e), as �may, be amended from, time to u, ay, be modified b,y mutual agreement.. 10., Use and Conditi (a) The Lessee rust provide an adequate number of covered metal or commercial. outd�oor Plastic-waste containers atit operation.,Lessee shall provide separate,containers f - -te or was ,and for recyclables. Lessee must deposit all trash, waste, and recyclables in those containers for proper dispos' ffilon of the waste and rec as at tie place; gnated by the Lessor'.. Yclable b desi (b) No signs,, adverts sink, or awnings may be erected y the Lessee, unless they are approvedby the Director of Parks and.Beaches or his designee in writing.., I Im. 'hall be proh fj! "ted in accordance w'th Monroe! County Code of'(c) Smoking 9 Jbil' 10. Ordinances Sec. 1.84,as may be arnended from fire to time. (d) As a protect",on, Monroe County takes many precautions to preserve the beaches and natural envirownent.The County commits to protecting Sea Turfles,other coastal wildlife and thel"r habi'tat, The Lessee shall also coordii.nate and, cooperate with. State .Agencies and, sea turfle Page 6 of 21 ring turtle;nesting season n Ah -a-Turtle conservation groulpS du- -Ap "I 15 ,rou-gh October 31,when Save -representatives and/or Certified Turtle Inspectors.J.are walk,ling the beaches.'It lis Important that the %n riegulafions Lessee.-understand these enviro wne.tal. ., (e) Lessee must furnish the necessary equipment, fumishings and, fixtures needed to ipm igs shall remain the operate the concession/restauran,t. All. moveable equ , ent and -furmshin I property of the Lessee and may be.removed,from the premises by Lessee at the termination,of this e equipment or 11,ease agreement-, with Lessor's co.nsent. If Lessee talils -to remove said, moveabl' 0! th'slease, sai tte -hall then become the fum,ishIngs within five (5) days after termination, of I d ms s property of' the Lessor, The Lessee -is responsible for the sole costs and expenses and any maintenance of the Lessee's operation, incivaing any, utili fir ties required f its o'peration and the equipment used by Lessee: andlor offered for rental. All accessofies and equipment applicable to! N. .0, a t .,.A Lessee"s concession operation shall be clean andtn g,ood.working condt fl i on at ll. ir nies I 1rental e ipmen s 'I 'en, or apotent,al safety qu t, hafl,meet.stdct saf�ty standards, and equipment which 's brok A; '11 be re. Me for.- risk,shall be removed immediately. The Lessee wl sponsi insuring equipment is safe qF 64, N 1 J; and meets all regulated, safety requirements. Dunng the term of;this lease, Lessee is responsivie ll and for; all mali ntenance: and repairs, including major repairs such as tetra work roof replacement and replacement of'-the bullding 'if destroyed. All re pia its� a.nd replacement must be of the same or-better quall.ty as!the original work and conform to all app)tcable building codes.Lessee e.rr A .fRi -i ninan shall be responsible for and shall properly maintatn tine leasedi premises,and upon the t. on oflease, e o-this : shall leave, the premises 'in at, '!,cast- as good condition. as at the tip f the commencement of this lease., normal use and: occupancy excepted. The; Lessee vn-11 keep the 0 b pm relises clean at all times and must meet al-11, requirementsfor f oi d handling as require,A y the -f Heal Monroe County Department,o th. f) In,the event that the demised premises,or a major part hereof are destroyed by fire, storm,or any other casuaJty',the Lessor at its option and without assuming Lessee's responsibil hies may forthwith repair the damage to such.structure at,Its own,cost and expense. The rental.thereon shall cease unfil the compleflon of such repa'rs and the,Lessor will immediately refund the pro;rata part,of any rentals paid in advance by the Lessee prt'or to such destruction. Should,the premises be only partly destroyed, so that the ma'j or part thereof's usable by the L hen essee, t .the rental, shall abate to the extent that the mi ured or darnaged partbsass to the whoile of:such,premises and. such injury oir damage shall be restored by the Lessor as speedily as as practicable and upon completion of such repairs,the:fly rental shall,commence and the,Lease shall then continue,the balance of the tenn, If Lessor exercises its option to repair the Premises, 'Lessee agrees to assign, its right o the insurance proceeds to the L es sor. I f:insurance proceeds exceed the costs of repaa ri,the,Lessor wi I at !Its, option, elther remit the excess funds to the Lessee or apply the excess ffinds as a credit towards Lessee's next due-monthly -rental payment. lfrepat*r costs exceed,the. inslurance proceed,si, Lessee agrees to pay'Lessor wl I th)I n 30days for any and,M1 costs of repair-not covered by insurance proceeds. (g) Lessee agrees to keep the leased premises in a safe,clean and well-maintained order 10 iec of PafkS and,Beac at n to o�expense the Lesson This provision"'s to be mo nit oredi by the D r tor hes or his reptesen tat ivC, (h) Lessee,agrees to operate its business 'in a bus messli&e m cTi# Page 7 of'21 ii In the event the. County elects to maintain. and/or imp-rove its properties I i,n the VICIRIty of the leasehold herein, ei"ther 'by: necessity, or by choice.. Such activity will' not be considered as a breach of any covenant ot this lease.. Alcoholic beverages may be sold within'the enclosed restaurant and patio area only upon acquis,iltion and Mmintenance of'proper licenses and approvals from local., state and fMeral agenc' No cart Wed. Sales and consumpt'i"on of iesw y-out sales of alcohofic bevernes is permi ust cease by I 1:00 M*alcoholic beverages m P. (k) Entertamment,may be prov'ded only in the enclosed restaurant and,patio area. Any -00 PM entertai'nment must,be acoustic soft background MUSIC and must cease by, 1-II (I)i Rights not specifically granted-to the Lessee by this Lease Agreement are!reserved to the Lessor, I I Lessors Termination. Except as otherwise pro vide�d here ins-the Lessor emay, can,cel his agreement.when, after giving the Lessee thirty (30) days" written notice that an act of default-, has occurred, the Lessee fails or cannot cure the following: (a) 'The appointment of a receivear of the Lessee's assets. (b) The dWeStliture of the Lessee's*Interest In the 1ease court.order or other operation, of law ( 'I opet I i on and keep c) The Lessee's abandonment of the opera flon. oaf to open the ra I t open during the business hours descnbled 'in this agreement, for six (6) consecutive days shall, constItute abandonment. (d) The failure of the Lessee to himely perf6rm. any of the obligations rewTed, of it, wider thk agreement, NO * e -th waINCT of defAult by the Lessor of any of the oaf requtr.d of .e Lessee under this agreement may be construed, as: a wamer;of any, subsequent default of any of the obligations that are required to 'be per fiormedl, 'kept, or observed by the Lessee. The Lessor's wai'ver of an act er of the, ighti o-f the 'Lessor to later cance I this agreement of defaulk. �y the Lessee is not.a.waiv n 'because of the Lessee`s failuxe. to subs-equently perfdrrn an obi i i gat" der th on or obligationsun is Lease Agreement. 12. Lessee's Terg inis don. If the Lessee is notin default ofits,obligation to paythe-rent 0 M, g I j,ving the Lessor s'x and the charges, the Lessee may cancel this agreement, when, after ty (60) days Witten tten notice of an act of default,.the Lessor,fads or cannot cure,or fails to timely perfann, the obli fat ions required of'it under th I is Lease Agreement. 13, Insurance. Page 8 of21 Iisted i (a) Lessee shall obtwin,and mainta,"in at its own expense the: 'insurance coverages i n Exhibit CM (b) d dur* g the The Lessee must keep in full force and effect the; 'insurance des xrib e I n tenn of thiis agreement,,, If the insurance po'licies ofiginally purc.based that,-meet the requirements W are canceled, terminated, orreduced in coverage,. then the Lessee must immediately substitute that no gap; in coverage occurs. i; "ficates shall COMP,ty-ing poticies so Copies of cuffent poticy cerh 'b Mana as e filed with.the Monroe County Risk.Department or the Parks and Beaches Contract ger, vpropfiate,-whenever acqulred,,amended,and annually during,the term of th-ts Lease. ( ton, of i c) The insurance required of the Lessee; in. this paragraph "s for the protect tbe County, is property and, emp loyees, and the general publ,ic-, The insurance requirements notl however, for the protection of any specific member of the general. public who milght be iin'jured r U -raph do not because ofan.act o o miss ss re re ion,of the Leeei. The insurance q imen t r s of this paag, make any specific injured member of the general public a third party beneficiaii7 miler fts agreement, Therefore,, any failure by -the County to enforce this paragraph,,or:evict the Lessee 'f the Lessee becomes uninsured or underinsured, 'is not breach of;any duty or obligation..owed to i , and cannot -forni the blasis,of any County fiability to a specific . . 1 any specl ic -member of the general public specific member of the general public or, his/her dependents,or!estate,or heirsi., (d) Notwlthstandi'ng anyt set. forth in paragraph, 1,0 of this agrei hing emeent, the Lessor may treat the Lessee 'in:default if the Lessee, after-entering 'the Premises but,before beginning its operation, doles not have the insurance required by subparagraph. 12(a). Bef6m the County may. "tuation, the, Colunty must give-the Lessee a wdtten n I terminate the agreement -in.this si 1. notice of the defiault stating that', if the required insurance 'is not obtained within ten,(10) days of'the Lessee's I in ,rece pt:of notice, them the County will can 4greementlp The County may treat the Lessee d 'T-the Lessee, after starfing the operafton, fails to keep in -full,efault and cancel this agreement t f6rce and effect the insurance r quired by subparagraph: 12(a). Before treating the Lessee in.defiault I We the Lessee 24 hour U th s,"' uion, he Coun�y need only po-A and term nat'ng the agreement I I s I tat t r no fice 'by E-Mail or ovemil ght co uric r, The: County m. ay,, but need not provi de Lessee 'th, an opportunity,to cure the defauilt. 14 'm. Non--Exclusive Rights* Notwithstand ing: anything he-rein contained that may , or appear to be, 'to the contrary., "it is expressly understood and agreed that the rents ghts granted,under l to grant s im"lar pr"Aleges this agreement are nonexclusive and thei Lessor herein,reserves the rignt 1 .1 1 1 to another Lessee or other; saes on,other;parts oiffliggs Beach, 15- Bights Ugon Termi'll At the end, of this agreement (or any renewal), the Lessee's right to the 'Premises, the, use of Higgs Beach facilities, and any other fight or P *V lege. granted, under this agreement ceases. Ali equipment mprolve-ment, S fumislungs, and other ,P r erty ofthe Lessee at., the Premises are personal, -to the Lessee and remain the property- of the.op I -must also restore-the Premise to 'Its on'ginal ,Lessee and must be removed by Wm/hen The Lessee Page 9 of 21 condition,, ord'i-nary, wearl and tear and damage by causes 'beyond the controt of the Lessee, excepted, 16. Coun:t Is ftht of E Lessor reserves the right hereunder- to enter. upon the y Premises at any reasondble time, dunng .normal operating hours for any, purpose connected With the Performance of the Lessor's obligations under this agreement. or in the. exercise of -its govemmental-ftmet ion s.The Lessee hereby,agrees to keep the premises at all.times in a,clean and, s * ion, an co:nd an'tary d, not. -to -ma intain, or keep -upon said me premisies my properties or equipnt i it" not used in connection with the operation of said business,.,: Unless authionzed by the Lessor to do SO. 1;7. Leasehold Imn,rovemeats. .hti Lessee;agrees not to make any:mad o' 1- ons to the or a terafl I bujildIng located on, s 'd premises, without first obta"ning written consent of the Lessor-to do so, wch will notbe unreasonably wiftzld.Shaa " nssha. ' n.Plans approved by the Director of Parks and Beaches and shall be subject to all. G-ty, County, State and, Federal code provi,stons govem,I in'g construction. Lessee shall,be responsible for obtaining any,panne required by any govenment agency,, All. sike improvements shAl beire-approvedby Monroe. Coley .l.n. accordance.Withits.polices, procedures,ordinances.and./or regulationS. 18. Use Restrictions. The leased/ in ed area is to be operated by the -h provisi ns of'u_rposes in:c 1 110 lessee/concessioner for publik outdoor recreation -p 0M.Pfiance wk the Land&'Water Conservation Fund.Act(LWC,'F')and implemenfingregulations(36 C.F.R. Part 59) as may! be amended feom timne -to time. As such, the Oise redPreen yesmust be .1 -utdoor recrea,flon, fact Publicly identified as publicly owned and operated as a public o I I ty all signs Ifterature, and adverfising,,, while acknowledging- that the Demised Pre m*ises is operated, by a lesseekoncessioner,,to eliminate the percepti"on the area is plivate. In W " * h CWH Rig hts and accordance with LWCF regailations, compliance wi t all 'b"Ifty'legislation (e.g., Tifle 'VIo-f C' ff R*ghts Act, Section 5.04 of Reh,ab'l'l�*lt$.L.ti*,o,n ,A.ct; access,i 11 1 IV I Am V ns erlicla,ns, with. Dina b-i'litiks Act) is requtrela, :and compliance will be 'Indicated by sig Im .1 *c ..piosted i, in, vislible pubifl e areas statements in pubt H information brochures, etc. All 'fees charged, by, the lessee/con cessibner to the public must ble com petifivei with similar pri i Vate Property acquired or developed wifth L'WCF assistance shall be retained and used f6r public outdoorrecreation. Currently, the LWCF program 'is administered by the National ing approval or acqu*Park Service(NPS). The County is In the prec-ess of request" iescence to the operation of the Restaurant from the NPS as it operates today. The NPS has the authority to;disapprove requests and/or-to reject.proposed,property substitutions if not in accordance with the provistons of the .LW'CF Act. Should the request-be.disapp.roveid or denied, Lessee c 10 a 'knowledges that the Restaurant must,cease operations. Page 10 of 21 MONROE COUNTY, ITS AGENTS, AFFILIATES, SUCCESSORS-IN- INTEREST, IN NO WAY, SHAPE, 011 FOR-M GUARANTEE LESSEPSAWLITY TO OPERATE 0'. .'.T,,,F1E PRFMISES... �Xlssee si. .1cially:#(Athowledges receipt of this secti.().n.. Aiifials 19, Rigiits .mesew ved.- Rights not specil iczally g rani t e d! to Lessee 'by t.ti-is: Le tase Ag r eenie nt. L are reserved to the 'Les.k;m. rt. finlitation., to 20. Rights of County. "I"lie Lessor sh:afl h.ave the absolutc right, w4hom N rl . 'a j i ch, or to construct n. 1t Iter orradd to any! stru,calre ol- Jikifitv at, H*g(,).s Bea,repair, reconstrud, .1 facilities atl liggs .Beach. `17he 1....essor shall, i-11 the exercisL` Of'SUCh right, befiree ftoai any (and all liab:1.11ty to the, Lessee -f(.-.)r busilless dani.rages oems-io'ned dlll-ino L7 the making of such repairs, alterattotis and ad:d1t,1011S. except ffiose: occas-loned by the sole act of neo,110'elice of the Lessor, Its Zl L117 em,ployees or agents, )r i is agreement, or any part 2 1. Assignment. 1-he 1__,essee.rnLa 'iot assign th' Wits or SUblease the 1"retti.J ses, (Yr any 1,,vrtion of th-e Prefyllses,,: with-out the writ'((31 ZIPProval ofthe: [.,essor. "rhe )r corl-iora i. .is an Z-iss.g -nient chant')-e of th 1....,essee s statLIS fi-om an indiVid,uial to a parts iersh-ip ti 01 1 11 n 'under this paragraph reqi,uring the 1_.iessor s appix.wal. IT the, 1_,essee i's app-t-oved to do Nlsiness in N t A re's"t, III th'e. corporate stock is also an,he corp(,)irate t'orm., any ass-.tgn,n1.e,t,1:t. (,)t' a controlli ng rn te ess,or,s approval, All the obfigation,s of thi assigntnent tind-er this Paraoraph that requIres t1w: 1-,, is C� -iS, SUCCC.S'Wirs, anct aasss-icms, of the I,essee and agree ni-elit will, ex,tend to the legal representatiVC Lesso.r. ? I � . � J-1i.e I..,essee ov ian celts and, agrees to Flarmless/Defe-me., Y defend, Indemnit" and hold harniless M-o1n;-r(.,)e County Board 0f' (,.'.0Un.tY C0111.miss ion ers,, and its 10. elected and api'ioltited (-Yfficers, officials, agents,, servants, aii-d employees 1`ioni- ally and a.1.1 claims, demands, or causes o f act-ton. for bodily I'11j"Llry (including death. onal Wld Propert .), I..)ers j -Y damage (IMI Ltd i-tig property owned by Mon.roe County) and. any other losses., dat�i�ia.ges, costs-ii, pe.naltws, and, expenses (J-n&1u,d-j-,tiig attorn,ey's fees) Mitch, arise, out of, in coiti,ne0tol-1, With, oirby reasan ofthe 1-.,e s;see' U-1.1 11'z-1.n,g the property gove.med by this lease/reii.tal acyrem.en't. �"Fhe extent of I labil,it.. is 111 M) wav fi-ri,.-ifx.ted, to, reduced. or lessened b.y t,11,e in,suratwe req trenwints con.ta-Ined, el-sewliere within. dii 1 is agree.1-11.1calt. No n.d ise ti'minat io n. [.,essee agrees that there w-1.11. be, no discrin-iination agi,,-Uinst . i any person., and "t "s is expressly understood that. Upon a detet.minat i oil. by a coLirt ofcompetent thOUt c 11Y sdiction.that discritninati.o.n.ti.as OCCUrred, this A-gree-me,til awo-iiiallcafly te ni..,,ateswi.... a. -or and: Lessee C'out-t ordei, fttrther action. oti tlie part of:ai--iy party, eff.ective. the date ot'the Less .,j i 'I 'da StIlUtUte-S, Catid all local ordinances a licable-a]ac,r-ree :to comply wifll all Fedei and I orl as I PP relating.to nondiscrimni,ation. 7rhese rn.clude but are n.ot 111-ill-ted,to. 1) Tfile 'V1.1 of flit iv vH. Rights Pace I I of 21 LIn Lmployment-on the bas"-s of race,color-, Act of 1964(PL 88-352)which proWbits discnmi-nation,in.e,:,,, I r ligion, S 1. n -i I -i n. A m- endment of 1972, as amended e iex and nat onal o ',g'n, 2) T"fle IX of the o (20 USC ss. 1,681-1.683, and 1.685-1686), whi,ch, prohilbits discfiminafion on the bas"s of sex., 3) Section 504 of the. Rehabilikation Act, of 1973, as amended (20 USC s. 794'.), which prohibilks discri'mimati,on on the basis of hand'1'c#ps,- 4)The Age.DI'Scrilml I nat on Act,of'1,975,as wnended(42 USC Ss.6 10 1-61.0 7)which prohibits discri"mination.on,the basts of agei 5)The Drug Abuse 0 ffi,ce and,Treatment Act of'1972(PL:92-255),as amended,relating to non discri'minadon on the,bastis of Wig. abuse,- 6)1 The Comprehensive Alcohol Abuse and Alcoholism Prevention.. 1 vatment anti Rehm l 1 tation,Act of.1970(P L 91-616),as a.mended,relat'l rig to Woad iscfi min ation on,the baslsof alcohol abuse or alcoho-fism; 7)The Pubic Health Service Act of].912, ss., 523 and 527 (42 USC ss.6,90dd-3 and 290ce-3),as amended,,relafilng to confidentiality;of alcohol and drug abuse patient r r e 0 O: ecods- 8)Titl 'V'11.1 of-the vil,RIO,&s.Aot of 19,68(42 USC s.360 1, et,seq.),as amended,relating t -f ing- 9)TheAme 'th D-isabitates o.nondi'scrI na tion in the sale,ren tal o r financing hous 1 7 ncans wt Act of 199:0 (42 US C s. 121 01 1 'Note), as m4y be amended from ti'me to time.- relacing -to nondiscrimination on, the: basis of disability; 10) Monroe Counity Code, Chapter 14, Article 11, refi g*on,d's, N1 1-fty Wh 'h Prohibits dised,min ate on on the basis of racei,c ol or, sex I I national ongin, ancestry, sexual orienta fion, gender identity or express,:ion, fain status or age', 11) Any other, nondiscr-j",mi-nano n provisions in any P-e der al.or state statutes:whichmay apply,-to theparti":es to,or the subject matter of,this Lease. to 24M Mechanic's Liens. The Lessee shall.nog,Pe rmit any mech an le's lien or H ens 'be placed on the 'Premises, or on improvements thereoin., If a,mechanlic's lien I*s -filed, it shall be the so-le responsibility of the Lessee or t ts offlicer,employee, agent,contractor,or otber representative causing the hien to be filed to discharge the ben dw hold harmless and,defend Monroe County I agatns enforcement r oSecjSa ., hiens autnoir,i zed, in Chap. 713, Fl.a,,. Scat. do not,apply to the lessor. Nbthing in th'issectilon.is:to be read as a,wai.ver or; authorl'zation, by the County of I ts: cons titutim,al and statutory 14munity; and right,to have 'its .property free,of'such ti'.ens. 25. Records Access and Audl`ts., 'The Lessee shall mai,nuain,all books,records,and r h is Agreement. 'in accordance documents. di-rectly er pfinen r rm t to pefoance unde t nth generally M accepted,accountiong pnnciples consistently applied,and mainta*ln such records-for a pefiod,of four- (4) years after tennination of this Lease., 'The Lessor, its of ficers, e mipiloyees, agents, and contractors shall have accesis to the Lessee's books, records, and documents related to thl's Lease upon requestO The access to the. Inspection of such,books, records, and documents by the Lessor shall occur at any reasonable fil me. 26. Rigfit to Audit;., Avaiiabilfty of' Records. The records of the parties to this ............... .. ....I.................... I Agreement rule tngohProet, thsha nO otbmited toacouting ords (hard, copy, as we:111 as computer- readable data if it can be, made avai tel; slubcontract, files (J'ncluidiing, proposals of successfall and unsuccessful bidders, bid, recaps, biddling *instructions,., -e order files bidders fist. al estimates� e j .1 , etc,. oingin sfirnating work sheets- correspoindence changi w ,(including documentation, covering. negotiated settlements); 'back charge, logs, and supporfing, documentation; sin eral.ledger entn'es detailing cash and trade discounts,eamed, insurance rebates and dividends,- any other supporn'ng evidence deems necessary by Owner or the Monroe County 'Page 12 of:2.1 Office of -the Clerk. of Court and Comptroller (hers inafter referred to as "'County Clerk") to substantiate charges related, to this agreement, and al 1, other agreements, sources of inf6rmatioft ,and matters that may in Owner's or:the County Clerk's,reasonable judgment have any bearing on: or pertain.to any matters, right's,duties,or obligations under or covered by any contract document (01 forego grel,rafter rfrreRre" sha p1nspctnnd suj ectoaud1 t and/or reproduction by Owner's representative and/or agents of Owner or the, County- Clerk: Owner or County! Clerk may also conduct venfflcafions such as, but not, 11mited to, counting employees, at-the job site, wi:tnesstngs the distribution of payroll, verifying payroll com-putations, over,head co mputations,., observin vendor and. Supplier Payments, miscenaneous allocations, special charges, vefifyi'rig information,and a mo,unts through,interviews and written conftm,ations with,employecs, subcontractors, suppfiers, and contractors' representatives. AII records shali, be -te. ' t kept, for ten. (10) years after Fmal Complet ion County ., The Coty Cle& possiessies h independen I - 0 - 0 'If an aud"' ttyto co 1 1. Al itor author nduct an,and" of records, assets, and act V es relating to this Pro ect,, employed by -the County or Clerk detenni-nes that momies paid, to Contractor pursuant to this urposes not author I. -r Ag.ee Meet, r were o wrongfully retained Agreement,were spent for p izedby th s by the Contmoor,the Contractor shall repay-(be monies togetherwith Interest calculated,pursuant atutes, rwming ftom, the date the mioni H es were paid to Contractor., to Sec. 55.03 of the Flo rid a, St jj; The right,to aud,'I t provisions survive the terminati,on,or expiration of-this,Agreement. 27. Maintenance of Records. The Contr r shall malntai*n all books, records, and documents: di"rectly perfine rat to Performance -under this Agreemen,t m accordance with generally. accepted account ingrmc pies ntentlypHed, Records sbraned t 1, a penoid of five.(5) years,after all, funds have; been,expended or retuned to the Department if the h Treasury,, whlchever I's later: or 2.) for a Period of sevein, (7) years from, the term'ination of tn's Agree en or for a period of five(5)years from the submi:ss'lion of the, fina"I expend"I'ture report as p '2 1. r is gi Each. party to th.-'Is Agreement or its author'zedi de CFR. §200.33, wh"cheve. reater I representativcs shall have reasonable and fimely,accessto such records of each other party to th I IS Agreement forpublic records Purposes during the term of the Agreement and for seven (71)years following the term. ination of this Agreement,. 28. Relationsb,*v d I of'Parties. Thy Lessee is,, an , shall be, an. independent contractor- and, not an agent or servant of the; Lessor. The Lessee shall, exercise control., direction, and superviston over the means and manner that its employees,agents.,or volunteers perform the work for which purpose this Lease s entered. The Lessee shall have no,authonky whatsoever to act on behalf and/or as agent,for the'Lessorm any promise,,lease,or representation other than specifically p Wed-for 'n th I I igence rov) I is, Lease. The Lessor shall, at no time be gal for any negl" on the;-part of theLessee, 'Its employees,agents,or voilu rat.eers resulfing 1,-n,, .eifther bodflyor personal V 0 Ipj.ury or property dam-age-to any individuat,property, or corpo rat ioin# 290 SuboirdiRafl, This Lease is subordlinate to the laws and regulafions of the'Uniwted Monroe Flo n -un whether"n.effect, on.commencement of this Lease States, the State.of Wa,and Co ty or aidopted after that date. PAge 13 of 21 30. Prem`m.....ko be 'Used, for h&wfut Purposes., It, is expressly covenanted between - mw suffer nor permit any! erson. to t1se in. the parties hereto that the Lessee witit not uses p any manner Whatsoever the leasehoild, property or n any 'on -thereof, for purposes calculated to inji ur e the ! portl I nor for any -urpose or use in reputation of the leasehoild property or of the ne'ghboiring property,, p violatton of the,laws of the United States,or of the State of Flonida,,or of the Ordinances:of Monroe: County, flo-n*da, or the City of'.Key West, Florida. Lessee will keep and save the Lessor forever hann'less from. any penalty or damage or charges Mposed for any vioiation, of wig of said laws, whether occasioned by neglect of Lessee and Lessee will inde mnify and save and keep harmless the; Lessor against, and: from any loss, cost, damage, and e)pense arising out of any accident or other occurrence, caus,ing i- ury to any pierson.or property homsoever or whatsoevcr, and: due w di.rectly or indirectly to the use of the leasehold Premises or any part thereof by Lessee.The Lessce hereby covenants, and agrees -that,he, his agents, employees or otherwise shall observe and obey a1l lawful rules andregulatilons which,may fliom fime to time during the term hereby promulgated and cnforeed by the Lessor at the beach. 31 I -t is agreed that in no c Limiftafion of Lessor's LaWl I I fiirther ase shall the Lessor; herel'n, be tiable, under any express or implied, covenants in. the, Lease, for any damag-es whatsoever-to the Lessee beyond the rent-,reserved,by the Lease accruing, for the act, or breach of h n he m P; . . "' s d Lesor, and tat * t covenant, for -which damages may be sought to 'be recovered agains t s, ai sa l'd Lessee sh m all be ousted fro -the possession of said property: 'by reason of any defect m event the title of said, Lessor or said Lessor's authofity: ito make th se,, gaid Lessee Shall not be required to pay, rent under this Lease while it is so deprived of'said property, rid that sai'd Lessor sball, not incur any liablility as a result of such.ouster. 3210 No iver 4. is further mutua ewe and quay coveited agreed bletween the ................Wa of Br I Parties,hereto that no waiver of a breach of any of the covenants of!this Lease shall be:construed to be a waiver of any succeeding breach,of-the same covenant. V 310. Severab If any term,covenant,,, condition,or provisi thl on of "s Agreement(or the appticati-on thereof to aAy- circunistance or,person) s.nall be declared "Invalid or unenforceable Pi to an. xtent by"a,court competent j un d i t"on,th r m. i: i: g m ,coenns, onatt.,i o , and provisions, of this Agreement, shall not be affected thereby.; and each remaining term, covenant,,, condition., and proAlsion of this Agreement shall 'be. vafid and shall be enfoirceabi eto the fullest, extent pertni lied by law unless the enforcement of!the e remai'ning tones, covenants,condiftionsand 40 ;A prowsions of thi's Agreement would prevent, the, accomplishment of the ofiginal intent of this Agreement., Lessor.and Lessee agree to reforms, Agreement-,to :replace any stfic den proviston 'm I th a,-valid on that comes as close ,possible-to-the Intent of the Stricken Provision. Provisi as .34. B# Effect,, The terms cenns c 0nditl, ovat , ooins r rs of: this Agreement, shall in and, inure tothe benefit of Lessor and Lessee and, leis respective; legal representatives, successors,and assigns. Page 14 of'21 351W A-Wha rig y, Each party represents and -warrants to th,e other that the executt"on.,: delivery,, and,Performance of this Agreement have been duly authorized by all, necessary County Offi A and corporate action,&S required by- law!, 36. Claims Lur..Fediera 11 o r.$tate AW. Lesso r:and Lessee agree that each shal,I be,and ................ is m w r a to apply for, seek.,, and obtain federal and state funds to f arther the purpose of this Or M. J� Lease, provided that all,applications, -requests,., grant.proposals, and funding solicitations shall be ON approvedby each party prior to submtssi on. 37PW Adjudi.catj I on of Diisj2iuLes: or visa ea Lessor and, Lessee, agree that all dis.putes and,disagreements,Shall be attempted to be resoilved,by�meet and conf ier sessons,between reprcsentatives of each the parties,,, Ifthe 'issue or issues are;styli notresolved-to the satisfaction of theparfies -th ave I.1 .en any party sbatl h the right to seek such refief or remedy as may rovIded by-this Agreement or by F lore da law. 6 N.. *38. COO.Veration., In the event any administrative or legal proceeding is inst l h uted against-,either party relating:to-the format,ton,.,,executi,on,..Pe.rfomajice,or breach.of thisAgreement, Lessor and Lessee agree,to particil-pate,to the extent required by the other party,in,all proceed-MP,. hearings, processes, meetin.gs,, and other activities related to the substance of-this Agreement ,or provision of-the services under this Agreement. Lessor and Lessee specifically agree that.noparty W, to thi's Agreement shall be requl'red to enter Into any arb its afiton Proceedings related to this, Agree mea, 39. Covenant of No Interest,, Lessor and Lessee covenant that ne"ther presently has: any Interest,,and shall not acqui're any interest.,which would conflictin any,manner or degree with ,Its performance under this Agreement, and the only interest of each -is to Perfonn. an nd receive benefits as recited,in,thl*s Agreement. 40. Code of, Ethics,,, Cowity agrees that, officers and employees of the ;County. Wi Pp. recognize. and w1ill be required to comply wifth, the, standards: of conduct for public officers and d W n i ited, to, employees as el-Meate d in Section 112313, Flo rya Statutes, regarding, 'but not 'm'I sofictitati"on or acceptance of gilfts,;doing'business nth,one s agency:unauthorl'zed,compensation,,, p di sclosure or misuse ot "tion con.fl and ublic POS111 . . . lcti'ng employment or contractual relations tp h, use of cram informat-,ton,, 44 No Solieftab.on/PaymenL Lessor and Lessee warrant that, In respect-to itselt it, h I ther as ne:'" em. Ployed nor retained, any company or- persion, other- than a bona fide. employee. working solely for it, to:solicit.or secure this Lease Agreement,and that it,has not pw'd or agreed to t. *dual,,, or firm, other than a bona fide employee pa any person.,y - : company, co rp o rat n, n il-o idiv i - g working solely for it,any fee,,commlss ion,,percentage.., ft,or other cons ideratio..-n.contingent upon, or msulting from the award, or making of this Agr�e ern ent. For tie breach or violation of Ns Page 15 of 21 1-thout provision, Lessee agrees that, Lessor shall have the right to term,inate -this Agreement wi 'set from monies, owed, or othe ecover, the fulli, amount liability and, at its discreflon, to off I rwise r of such feel.,COMMi ss*ioin,percentage, &if t,, or consideration. 41, Pubfi`c Access. The Lessor and Lessee shall aflow and, permit reasonable access to,and,inspectlon of,all doemnents,papers, letters or other materials in-*its possession or under its IM control subject to the provisions of Chapter '119, Flon"da Statutes, and made or- received, by the Lessor or Lessee in conjunction with,thlis Lease,- and the,Lessor shall have the n"ght to uni'laterally A& 'I -th cancel,-th s Lease upon,wol ate of is provisions by Lessee* 43. Non-Walver of Imm, NotwithstandIng the provisions of'Sec.768.28,Florida Statues,the Part icipatlion of the Lessor and the Lessee "n th's Agreement and the acquisition,of any .1 ovrge. in r c era r i, seir suane coge, o : local.govemment n sur ce an commer mal habiflity insurance c ea 'pooil coverage shall not lie deemed a wai..ver of immunifty -to-the extent.of li alp illky coverage, nor sball any contract entered,into by the Lessor be required, to.contatn any provision,for waiver. 44. P ' ilege I rwi and Immun"It" All. of the ivfleges and, immunities from hab'IftY, Pn I IN: exemPtIons ftom laws, ord,mances, and rules and pensions and refief, disability, workers compensad other benefits wh'ch apply to the act'vfty of officers, agents, or-employees of ton, and pubtla an o -undey c a -nts per gle, or employees of the Lessor, when fonning their respe ct"i ftinct*i ns r ve 10. thts Agreement within the tern ton allimits of the Lessor,shall applyto the same degree and,extent to,the performance of such functions a nid duties of such officers,agents,volunteers,or employees outslide the tem*torial. I im.i is o f the Lessor. 45. Legal Obligatiolu.s. and Res ponsilbilitiesw Non-Delcgalion of Constituniona.1 or Statutory Duties. This ,Agreement is not intended toi, nor shall. it be construed as, relieving any participating entity from,any obligation or respons'j",b'i:li.-t-y "j':m,posed upon.the entity by,law,except to the extent of actual and timely perfbrmance thereof'by any participating entity, in which,case the performance may be: offered in satisfaction of the obligation or respo.nsibility. Further, this Agreement Is not intended to, nor shall it be, construed as, a zing. the delegation of the. constitutional or statutory duties of the Lessor, except- to the extent permitted, by- the Flonda Const'l.tution, Sitate Statute,and case lawi., ,46. Non-Reliance by Non-ftrh*ea. No person or, entity shall be entitled to re1y upon,the terms,or-any of them,of this Agreement to enforce or attempt too enforce any;third*W.Party Claim or entitlement to or benefit of any service or. program contemplated hereunder, and the Lessor and Lessee agree that, neither the,Lessor nor Lessee or any agent, officer, or employee of -rm,, counsel, or otherwise 1 1 el-ther shall, have the authority to: info nd"cate that any Pafticular 10 01. 4. IN, 'I " -s or 'benefits under thiis -MI 1 1 -ual or group of "nd. . ity: ar ent"hes, have, en d Ad 1 1viduals, ent Agreement separate and apart, linferior toi, or superior to the Com munity I i,n general or for the purposes contemPlatedin this Agreement., Pap 16 of 21 47.4 Attestations., Lessee agrees to execute such doicuments as -the Lessor may- reasonably reqtuire:,to "Include a Public Entity Crime Statement,,an Ethics Statement, a Drug-Free pan- LISt,, Workplace Statement,and a Vendor Certification Regarding Scrufiln,'zed Com.. tes ,,, iph ovenan nt contained here'n sball be 48. No.ReKsonal Lia No c t or agreeme 1 1. deemed, to be a covenant or agreement ofany member, officer, agent, or employee of Monroe NJ *d-r vi ual capacity, an wer, agent, or employee of Monroe Count. i n, W s o., her In d, no member, off County shall, be Iliable personally on, this Agreement, or be subject, to any personal, liabi�_,,ty o . ut of-th"s Agreement accountabil ity by reason ofthe exec Iion 1 91 4900, Exicution in Counter rts. Thi W s Agreement may be executed in,any number-of counterparts, each of which shall be regarded as an ofig.inal, all. of'which taken, together shall Constitute one and the same i n strument and any f the parties:hereto may exec ate'this Agreement 'by signing any such counterpart. 50. Qjj&r Use..,, Lessee shall not use or Permit the use of the Premises, or any part, III III thereoif for any puirpose or use other-than an authon:zed by this Agreement,, Isi 5;1 Parazraiah Heading... Paragraph hemings, h ere m are intended only to assist in read I ing identification and are not in Ium mittation or enlargement of the content of any paragraph or Secti,on. 52. Nafices,. Any notice or the communication ftim either,party to the other pursuant 'fied -retum, receipt requested, or by to this: Agireement sha.11 be sent. by United States Malit., certl t'n courlerwith Proof of delivery. The Place of giving Notice shall,remain the same as set forth.her nti I e" u "' changed - 01 in: writting in 'the, manner provided, In fl uis parag raph,. N fee shall b.e: sent to the following addresses, For Lessorip For Lessee Monroe,County 1000 Atta nnic Boulevard, LLC Parks and Beaches Contract Mon1tor Richard l tch., Man agIng Member 1.02050 Overseas Hwy. 729 Thomas Street, Key Largo, FLI.33037 Key West, Florida 33040 And An Monroe County Att mey Wayne LaRue Smite,The Smith,Law Firm, im, 'Post Office Box 1026 509 Whitehead Street Key West, FL 33041-4026 Key-'West, F1on'da'33040 .530 EN r"fv.S B 1.1rm, ing January 1, 2021i, in accordwice with F I LS Le M. , eg. S, 448,,0951 any i e ' 'U..S Diepanment Iof e Contractor an d y subcontrac to r shall regIster with, and shall 'UtIlIz the Homeland Security s,E-Verify system,to;verify the work,authorization status of all.new employees, hired 'by the Contractor: during the term of the Contract, and shall expressly require any subcontractors performing,work orproviding serywes pursuan-tto the Contract to 11"kewlt"!se uitillize; Page 17 of 21 ine U.S. Department, of Homeland Security's E-Verify system to vefif�; the. work, aluthon"zation, W in.. -th ny subcontractor status of all.new employees hired b'y the subcontractor du ;rig e Contract term.A shal] Provide an affidavit stating that the subcontractor does not employ;,, contract with, or - ' and be subject ,to the subcontract, with. an, -unauthorized afien.. The Contracto 9hall,r ' com pl y W1 th provisions of.'Fla,, Stat. Sec. 44.8,095,, 54� ,a itsReserved, Rights not specifically granted -to Lessee by WIS, Lease are teserved to the Lessor. 55.. Goverid Law,,Venue, 1n.teryretation. This Agreement shall be govemedi by and construed,in accordance with the laws of the State of Florida applicable to contracts made and N. rat ON. to be performed enarely in the State. In the event that any cause of action' or administ We proceeding is M' stituted-for the,enforcement or interpretation of this lease Agreement, the Lessor and Lessee agree that venue wN1114, He 'in the appro, rat e court or before the appropniate 10 adm inlistrat i ve'body 1 1 n Monroe County, Flo 'da.n The Lessor and Lessee agree that, in the event or conflicting interpretations,of the terms or a term, of this Agreement by or between any,of them.the issue shall,be subm fed,-to mediation prior 4 to the insfitution of any other administrative or legal proceeding', 56. Attoirnvy's Fees and. Costs* The Lessor and Lessee agree that: 'in the; event any cause of action or administ rat ive piroceeOng is inifiated,or defended. by any per` rel-afive to the hallbe enfided to reasonable I -v -i ing party s�enforceiment.or'interpretation of th"s:Agreement,the pre a * 'he -attomey's fees,court costs,.investigatiVei and out-of-pocket expenses,as an award againsA-,t . non -p cket j outwo. porevai ing party, and, shall inctude attomey's fees, courts costs, in-vest'."gat'we l and expenses in,appel late proceediings,- Med'iat'io-n.proce:ed,"in,gs 't',m'-t.'iated and conducted pursuant to th-is Agreement she be in accordance with the Flon'da Rutes of Civil Procedure and usual and customary proccdures red uilred by the eircuit court of Monroe.County. 57'. Mgjga] Rev.iew* This Agreement has been careffifl. % ed by the Lsee nd y re te w es a the Lessor, se re, this Agreement is not to be constmed against either party on -the basis of auth ors hi"p, 4 t Ing embodies theentire agreement and,understanding 58. Ent" S 4M. 1 !I................ ire,Aareement. between the in I or.1VMtW.n.,T parties hereto, and there are no other are and understand* gs.,ora with reference to the sOject matter her that are not merged re' and,superseded hereby, Any W.tw amendment to thi's Lease shall 'beim. ,W j ing,, approved by-the and of County Corm sisi"oners, e ctIve,,,, and st"g.ned by both,partlesbefore it becomes eff 59 I emen is the paities' final mutual. understandmg,., Final U nderstand*R&,,This Agre t It replaces any earlier agreements: or un der stEmdin.gs,, whether written or oral. This Agreement carmot bemodified or replaced except,by another Witten,and Isigned agreement. Page IS of 21 TZD 1ITNESS WI IFRI�OF. each party has caused this Lease Agreement to be executed bN a ut d represent< LESSOR: BOARD OF COUNTY COMMISSIONERS N MADOK. CLERK OF MONROE COUNTY, FLORIDA BY: 0 ........................................................ ....................................................................... ........................................ As Deputy Clerk By: Mayor Pro Tem 'i nesses fio 1,E S E ESSEE: --- --------- ----- Si mature of person aUthorized to S, e legalIv bind o oration 0 Pf I Date: 0""f 9PD�5 16 �A vi I f I V5 inn N -n Date Print Name Title Address: Signature Telephone Na Print Name D 4ate CD a. Q6. APPROVED AS TO FORM & LEGAL SUFFICIENCY U. Monr e ounty Attorney's Office Monr e oun, Uj t U- N thalia MeWes Archer I A 8 t t 4 ss tant County Attorney Page 19 of A nLJIGGS BEACH� CONCESSION ExN it I REMSE I MAY i' � 23 T .N!G PA KS AND BEACHES ' r:PW Y. N All 92 S1 � 0 4Yo � !�dp ee w ' '. "+ax ' INY'�: t �..�N' M�#� �� ?A'��A�IR•'�JI M Ni N. AI pT�t,•ssl�� isF4 ,ekr.:III �y 3�W Ip�e� yy��.�n '°r tiK','L 1'(�'✓f. y�idµ . ''ly, NYI ,. y�.,w... W M Allrk,. AF 4!.i, l4 M'Nl�li'°"' ry, � .e � �� w�� I' w14 yy a, ri q� AI.. ��'uI},{ nw�e�e�eeeeeeeee.....................�� W. �' �Il'W+I7#�YIF fRDINING AREA EA 387.2 S�.. � *�p I . �i! y(IA,F d N:.�14. g.^A'"' }gyp tl Nhi Ib iY. 'k B* f'gyp' •'Q� '�dp .. W sk Yi,� q,�y, K"'W 010 b.. Ilk Ne 44 �.. I�Ipk•IMf TM.. er �.. Ntl �•N"4A� ®II0 V. ICY w IY • :'sue'..0 ^° "P% R"�I A DINING AREA, 63 SF 246 IS F F31D . 1�IMM 't NG Now m .. a .,, Iq� �Ik�.yi kl W urs �lr n� ��.a n� N Of A* a•w: ,*'TAKEOUT f fir D U NCI IYY tt n p �1 ,y w K w Wpill I9 �,V� yyVill Hf of 'W � Ike' I lk ,W yy,JFI ' lF p�'11T11 .ew.,,�'••+��v,.,,,nlna .. .. naawnwll��eiW.�� rr,wwwnrrrnc,:..:��::„�;��r. IA- ................... � ar M1RII �� IE W N : 3 b� W. j �lAtl1 * v�WsYrV' y Nr f�TN yy . w KITCHEN'ARE 540S Sf k M al 'AY JJnrini.�ih4[WWnllGi�i�iven --- S T:o RZAA:..... �� . 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II IIIIIIIIIIIIIII IIIII IIIIII IIIIWII AAIIII1IIIIIIIIIIIIIIIIIAIIIIIIII I%.111AA1AH111 ImiI1N%Tlrrrrrrrrrrrrrrf Page 23 off Bid Type of Concession: Continuation of restaurant o eration that enti�L■` has been o eratin at this location since 2008. ............. ■ ................. ,...,.,.,. r r WY r m Y......................,...,...,.:��..r.y� .r.r.r.r .,•.,• ,.n.......eym.�wvr�sm.r. � ��.�.............................................. �,rr��r^niY�rry mr.rry rry iYrrnm�.�rrr.i r��S'•.>�YYY9%"!Y'!Y'!Y'!YY+IY+I'!rry mnr'�.:.:.:..� Y'!Yrre rrvnrw^rvrr��w� .............,:.,,.„„.:.:.,...,...,...,...,...,...,.,:.,.:.,.,„...:.,. ..........................................,,...�r.�r;.esir;rr. ,. ................................................................................��m��.��rrrrrxrrr�rs:.:rr.<:.vrr.;r::: :r:::r:::r:::r:r:r:�•;•i......�...m. ... y.0 .r.r r.- ........................,........ rr� ..xr.,.:.,.:.:ar•:.ir�emr:::rrrracr r'rrrr�r�rr�rw.iiiiirar:r.:r,:.,�>er:'a:,,,,.,...,.,.,.,.:.,:.,.:.,...,...,...,...,.:.,.:.,...::r:::r:::r:::r:r:r:r:r:r:r:r:r:r:r:r:r:r:r;r:::r:::r:r:r::,:::r:::,:::,ir K•,r�.;,:.y.,.�.� � w...,,...1.�1..YSJq Y^IIYlYIYH'YYYmPYPPYPY/'NTI�!'r,�.Y.Y�fH:mYfY1YfY1YfY/IYH'YH'YH'YH'YIYlYH li^� m�r��.................................................................................��... .�r.ref!/lfr�r�i�r�r�r�r�r�f,/,.IF.Gffffffffffffflrn�.........................................................................i..............."..'...'...'...'...'.:....:.:'.. .:v�Yr• .er.r��r rr�r..,mur•ir...rr�r,.....rrr.,....,,rr......................................:.,:........::..........i.:.,:rs.�.l,,,^�.��vr:.m.r��r�r,��r�r,.rYmrrr�rin:x!n. ................... .....................................................................................�srrrrrrrrrrrrrr�i�rrrramrr.:�rr�rrr,:��r.;ririri:: -::: ;r::-::..................r�...��e��i�i��i�ee��r�r�r�r�r�r�rrrrrrrr.rr�rw�r�.rf.��r..,. .�n�uy✓rr�meeeeeeefrrfr�r�rrr i r...............................................................................................�..Nrm �r��rrrr��.r.,.�.r��rr;z�nr:'��r r .........:.,...,...,.....:.:......................:.:..:..:..:....,.,....:,..��Y.»•.iyrra:rr::riYmYmYm�rry r ,w�� if/i::::::•i:::,:::/�f�i:Mrfrfrfrfrfrfrfrfrfrfrfr�Rii��irfiidird��f.............................. ... ... ..... ..............................................i.. eeeeeeeeeeeeeeeeee��rrrrre��n��r��rM...,rr��n.�rr��.�r�.eeeeeeeeeeeeeeeeee��r,.��r��r.t��er.��rr�r�r�rrisrii:•rwr✓rrin;rrrrrrrrrr.. ..::..�......:r i:.:.:.:.:.::c-::::c:c:c:c:c:c:c:c:::c:c:c:c:c:c:c:c:c:c::.:::.:::.:::.:::::::::::::::: :rr::r��wnmry ............................................................................�e�eeeeee mi mi�i�i�i�i�i�i�i�i�i�i�i�i mi�r��rc..r.-.«"...ia�•r..,.,...,....:.,:.:.,.:.,.,...,......:...,...,..:i. rrr��r.�rrr�r�r.e.,>;.�....e�+��d ....m�..mrvwm�ur..rr!rry rnnn rn�rv�:rr-^^ i................................... ...........................................�m��.�re��n��r��.��.��r��r��m��m.,��rrr��m��...�.�,,,,,��.r.��r�i��i��r�r��i�.��iiiiirrrrrrrrrrrrrrrrrrrrn;rn;rn;r�iiiiiiiiiiiiiiiiiiiiiiiiiii�r:��•. ............ •••, w� .�.�� rrrrrrrrrrrrrrrrrrr�.�:rr�:::.:::.rr rr•:.rr�ysrr.:.,.-�,.-�.:::.z:��i��f�r�r�r�r�r�r�r�r�r�r�r�fffffr�r�r�r�r�r�r�r�r�r�r�r�fb4r�f�i�i��i.fff%:ii(✓::.:::::::::::::::::::�•::�,::�,::�,:,:,:,:,:,:,:,:•::�,::�,:,:,:,:•:.:.:.:.:.:.:.:.:.:.:.:.::�.::�,::�,::�•::�•::�.i;.i::l.m.:riH'YH'fYlY19 YYH'Y:lY9'w.nv,^1'vY'^".f:^Y!u i 'ee for Concession space at Higgs Beach wille paid to Monroe County at the following rateI. Monthly rent of $73500.00 or retail concession plus 2.5% fee of r Sales or I I rb,$ .�% a,,, m mwhichever is greater, generated by Lessee's operations at retail or food concession space. l acknowledge receipt of Addenda oi. S No. ate No.---.-.,.-.,.,Dated., ate No. ate No. ate Page 24 of 65 Proposer,states by hisAer check mark in the blank beside Ow fonn and by his/her signature that he/ has provided the following foans: a. Proposal Form with proposed sample fist of items or services w ith Pricing to be offered for sale b. Non,,Collusion Affidavit C. Lobbying and Conflict of Interest Clause d. Drug-Free Workplace Form C. Proposer's Insumnce and Indemnification Statement f. Insurance Agents Statement(signed by agent) 9. Local Preference Fonn and requirements if applicable) h. Public Entity Crime Statement niddr, jjgtiotjj�S, I Scrutinized Companies List ustmer referencMes: three(3)credit referenoes J. ko Thme(3)yeati`�'�o�ffwlcw:'ia Statements in sepamte emal"! marked"CONFIDENTIAID In addition, Proposer states that he/she has 'included a curmnt copy of all mquired professional and/or License. k markikoa alrmh.as a rem!"t. r that dedl Proposer/Company: rk'T t-A 0 r( C .... ........ ......................... Mailing Add ........................... ress: Axjq� . .............. .............. D. ....................... ............................... .............. .....................................................................I............v.......................... ...................................................................................MMMMM,.................. .................. ......................... Phone Numbec, ........... ....... ............... ....................... ... Ema*I Address: I 11ploopp"A j OL 73 Date .......... ep .............. ...............V,1111111.6h, (Name) t.& - CIO (Title) Wkness: Print Name: ............................................... Page 215 of 65 NON-COLLUSION AFFIDAVIT r 6VA A-P, 16 H of the city of. UJ .................................................................................................................. ........ ................ according to law on my oath,and under penalty of perjury,depose and say that: 1. [ am 61 ;m� ,,Pw N)�k G--I Ai A CL T` 4 -1 Li�itw Cif the firm of., 0 0 A- I . ..... ...... the bidder making the Proposal for the project described in the Request for A ci-I P r fon -V U PA 6 V -,V(c A r oposals F-oob A Yt-, .................................................... ...... ...................................................- ................................................... .......... and that I executed the said proposal with full authority to do SO@* 2. The prices in thi's bid have been affived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition.,as to any matter relating to such prices with any other bidder or with any competitor;and 3. Unless otherwise requ it by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and wl"ll not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and attempt has been made or will be made by the bidder to induce any other person, partnership or i ons and corporaton to submit,or not to submit,a bid for the purpose of restricting compet6 5. The stateinvat-a-can*,",ned 'in this it'' M. it are true and correct,and made with full knowledge of sajd�-,-,-Oroject and th. t Monr refies upon the truth of the sta ements.-contal'ned in 1Tid vit in aw ,ling con .. Mroject. ....................... ................................ ............................ ............. (Signature of Respondent) rate) STATE OF COUNTY The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of[a/nphysical presence or onl ine notarizafion this ;Z3 day of by ............. V 14,9 ............................................................. X.. ............................. Sig of Notuy Public-State.of FIcA ida-"nature .......... .......... Narne of Notary My Commission expires*,, Personally Known OR Produced ldentlfficat.i��nI.. ........... ......................................................................... Type of Identification Produced GLORIA JOAN MILLER CAREY Notary Public-State of Norida Commission#HH 035069 %of My Comm Expires Aus 23,2024 Bondod throush National n. Page 26 of 65 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO, 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that Wit has not employed, retained or otherwise had act on hishts behalf any foriner County officer or employee 'in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordm' ance10-1990. For breach or violation of this provision the County may, in its discretion, tenni'nate this Agreement without fiabiffiky and may also, in its discretion,deduct ftom the Agreement or purchase pn*ce,or otherwise recover, the full amount of any fee, commission, percentage, gift, or con.0 i N derafion paid to the fortner County officer or employee". ................... HNC' Nry� ,00K \W00 ............ .............. .................... U Date-, Jj 0 ... I-- . .............. ............I ......................... ............. - STATE OF " :� ..lei ......wok .................................COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscfibed before me by means of physical presence or onfime notarization thl's k3 day of.................... 20 o? .. ........................................... .............. b y z 1140 ...................................................... ................................................. orida AN Soignature of Notary Public-State of GLORIA JO MILLER CAREY Notzry Pub�g.State of F�Orida W t1da (P +4 035060 commission-1 AY ON COMm.ExPires ALI 23,2024 00nded thrO ugh Nat iona I Wary Assn. Name of Notary My commission expires: ..ny r.i.i ........, iall,... ........... ............................ Personally Known—L"......................................... OR Produced .................................. Type of Identification Produced Page 27 of 65 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Flonda Statute, Sec. 287.087, hereby certifies that: 100C? A-T'L.-A�J "rje. Boutak.,00-A,00� LLC ................................................ .............................-1-1........................ ::11..---..:.:.: :.:::..,::...,::.:::::::":.,.;-!::-,_',�,�. ..1-10, .......... (Name of Business) 1. Publishes a statement noti ing employees that the unlawful manufacture, distnobution, fy dispensing, possession, or use of a controlled substance 'I's prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse 'in the workplace, the business"s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be 'imposed upon employees for drug abuse violations. 3. Gives each employee engaged 'in providing the commodifies or contractual services that are under bl'd a copy of the statement specified 'in subsection(1). 4. In the statement specified in subsection (1), notiffies the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of gul"Ity or nolo contendere to, any violation of Chapter 893 (Flon"da Statutes)or of any controllcd substance 41 4 .* law of the United States or any state, for a violation occumng in tne workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program it sue I n is available in the employee's community, by, any employee who is so convicted,, 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authon*zed tq sign j lie statement,I certify that thi's finn complies ful. ..,with the above re irnf i qmw e ...................... Contractor/Respondent's *gnature Date STATE OF coUNTY OF ::,,::%:,,/ The foregoing instrument was sworn to (or affinned) and subscribed before me by means of physical presence or online notarization this ,,,, day of c4Ae, .................................................................... 2, by )7 "�................................................ ............. .....ec.S �:. Signature c-State of Flon'da/ 4� GLORIA JOAN AILLER CAREY ?*wgry PubHc State of wWrida COMM1100t)4 H0035069 Nd 14 CO. C MY COMM.ExPires-toil 23,2024 ........... ...... Bonded throuvh Natlonay Notary Assift. Name of Notary My commission expires. .......... ..................... ....... Personally Known OR Produced Identification............ .................................................................. MIMI Type of Identification Produced Page 28 of 65 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amende.&I by Ordinance No. 004-2015 and 025-2015, must complete this fonn, Name of Bidderg 100tv0 C * ate- . .......... ..... 1. Does the vendor have a valid receipt for the business tax paid to th. Monroe County Tax Collector dated 5 at least one (1)year prior to the notice of request for proposals? Ii (Please furnish copy.) 2. Does the vendor have a physical,business address located within Monroe County from which the vendor operates or be perfonns business on a dayZ p- ay basis that'is a substantial component of the goods or services ing offered to Monroe County? ............................. (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one year prior to the notice of request for proposals.) List r ® 0 0 0' �k T C,�A t) ....................................................................................................................................................... .......... Telephone Number "Y - ;..,-_—w. 0�"..fM "I B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, �services or construction to local businesses meeti ng the criteria above as to licensing and location? .......... oe If yes,please prov N® 1,Al 5 jm v4e 0 en 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at I east one (I)year prior to the notice or request for proposals. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates,. 41 (The physical business address must be registered as its principal place of business wi.th the Flon"da Department of to for at least one(1) year prior to the n9tice of request for bids or proposals) Tel.Number .............................................................. ........................................... Add -C A 7 "A' G-d� Print Name-, 10-A ............ ......... .. ........................................................................................................... ......................................................................................... ................... lignature and Title of Authorized Signatory for Bidder/Responder STATE OF .............°f•.::•"'•... ........ COUNTY OF The foregoing *Instrument was swom to (or affirmed) and subscribed before me by means of physical presence or on1pe notarization this A-kfd.............................. day of W,C,www 9 20.o?.- by ................. ............................................................. one .................. ............................................................. C.1�/Zze�e ..................... ................................... ................................ ignature of Notary PubficState o GLORIA J 0ANMILLER S CAREY ry l 1IC u State of Florida sir ota Pub V! Commission 0 HH 035069 /wc ............. ...... N,5�, W.;,Comm.Expires Aul 21,20,24..ior"CLV,rd�through Nate II NOtary Assn. Name of Notary 41 1 0�4'7�?Y My Commission exp ires: Pe ......................... r lly sona Known OR Produced 1dent1ficati"on,,,,6` Type of Identification Produced Page 36 of 65 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public of t U. entity,, may n submi a bid on a contract with a public entity for the construction or repair of a 10 r q %0 r may not submit bids on leases of real property to public entity, public building o pub lic wok,, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or CONTR- ACTOR 4 a + under a contract with any public entity, and may not transact business with any Public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a pen'od of thirty-six (36) months from the date of being placed on the convicted vendor It®�� I have read the above and state that neither Awl-r(14 a- �j A PIAj ............................... ...........�`...... (Contractor/Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last thifty-six(36)months., .............. •o(e" ....................................................... ................................................ (Signature ff t V to ...................... ............................................................ STATE OF .........................COUNTY OF 119loy leoe, .. ... .......................................................................................... The foregoing instrument was sworn to (or affirmed) and subscri'bed before me by means of Physical presence or online notafization this V da 20,A.3. y o I V............. ......................... Mm.. by Mi .......... ........... ............... n Signature of Notary Public-State of blo 'da U 0RIA JOAN MILLE CAREY Notary P&4c.Statt Of R004d 4# H 035069 ............... ........ ...... % �:re%AA 23.2024 my Comm. �--a kO Bonded thrOugh m6ticoall Notarqy xsm Name of Notary My commission expi P res..................... Ala Personally Known OR Produced Identification ................................... ............ .......................... .................................... .......................... Type off t tip Produced.,.. .......................................................................................................... Page 37 of 65 VENDOR CERTIFICATIONREGARDING SCRUTINIZED COMFAMES LISTS E Project c 1 i n oe t Des r to s J P _ :. ..,� n.i, r n:.:.::.r.r..iii:i:.�.:.:.:.:::.:.:.:.:::::::::::..!Hiyl'vHvri..:ti:.lri,:,:.:.,:.,:,:.,::.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.r..:..::,:r.r.rrtr ini:r.rrtiinininininirrtni .....................................................wunnnmwwnnmumm�nr nnnnnnnnnnnnnnnnnnnni,rxxrmunnnnnnnnm . xrxrxrm f�ifkff rnxrxrminonnr. •,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,+.+s.�i+„rif•F1+r Respondent Vendor blame: p :r:: ................je_a'Lla�..iiiiiiiii&e�dc.iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. ................................................................... ..:�.....:..:....:.... Vendor FEIN: ................................................................................. ....................................................................r.rrtrrt r.�.�rr...... .. Vendors Authorized Representative Name and Title: Address: >� .......................................................... .............................N. viurwa•.......................�,-�-�-.-..�-.-,-.,....,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,..n»<•..wyyv+�4•'.yr,r,:..i.r.:..,i.:�::�::�.:..:.:.:.:.:.:::i..:rililyi,vi,vnvivn..v:-^•........................... ........... City: State_ A �i / rr.,a,rrt„a,arsriiRir::::�:::::::s:c:::.:;:�: ............ _....................................rvrrrrrrrrrrrrrrrrr.rvrrrrrrr„•u..,ve-...............................................................nrnmmmmmmmmmm,r nnnnnnnnn�Pnnnnnnnn nn nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn.:.:.:..:.:.:.:.:.:.:.:.:.:.:.:.:........................:.:.:..r.r.,.,,,,nrrm»m,,,.,�rx�,rr•,m_..........,.,. Phone Number 'e, Email Address- N � ' .........nnnnnnnnnninnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnirymnnnnnnnnnf..,,,,...,.,.,�•,'...:.:............:...:r,:. .•••,•,•,•,•,•,•,•.•.•,•nmm�mnvnnvnnvnnvnnvnniwrvrvavnvry rvrvm�rcninminrnnvnxuirmn nrrnuirnuirnuirnuirnmmnvnnvnnvnnvnnvnnmm,m�i lMNnrcn rnuirnuirnuirnuirnuirnuirnuirnuirnui£nfii£nfiiri.'lrlfir. Section 287.l 35, Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of S 1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Dame" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List}the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. 1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated,at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. ------------------------------------------------------------------------ I.... r....r.r.r..r..r....ini.r. ii.r.i.rr..,iWru.r. . ..,,..... .....,,........... : sign on Certified By: .... who is authorized to r ......�.. (g if �all hW'r 'ifiaMwrr� h ,�l.f of the above refe u e plany.N ��m.:... loN•`d+�°„rw. JYI�' •� �/F.wNI' M Authorized Si S� n tr ore....,Y• I 4� ....r..............., .luglun,•. wxnuulw,d .:.:.:.:....:.:. .__._._._.. '/.:::.::::A ll� � nwm�m ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,iiiiiiiiiiiiii / ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.m,,,,,,,,,,,,,,,,,,,,,,,,,,,,:,Print Name: ........... . Title: t e: � „,,,,,,,,,,,s4Allllllllllllfffmrrfffnm .... ..�i.r.iniir,....,.....................................rxwxxwxiivi,........................................................J,r,JJ...rt.............................r:,r +.,rr ::::::::::::::::::.:.:.:.:.:.:.:::::::..:::::.::.::.::.::.:::,•,;;✓,4.�.ixw:r.r.r.r.r.r.r.r.r.r.r.::.:.:.:.::.:.:.:.:.:.:.:..:.:..:..:..:.:.:.:.:.::.:.:.::.,::.:��:.:.:,:,:rr r.r., ....:�.:...... Note: The List are available at the following Department of Management Services Site: http:'k www.dms Lnyflorida.com/business operations/state purchasin�lvendor inforrnatiow,co vA* susn�a �d dis. criminatory com faints vendor- lists Page 38 of 65 1 NFIP Policy Number: 8704327227 Company Policy Number: 87043272272021 I. S17R.As C'.E _"OMPA IES Agent:g -INSURANCE OFFICE OF AMERICA INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 Payo r: INSURED LONGWOOD,FL 327505069 Policy Term: 10/16/2022 12:01 AM-10/16/2023 12:01 AM Policy Form: GENERAL PROPERTY Agency Phone: (305)289-0213 To report a claim https:l/phlynood.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 1 000 ATLANTIC BLVD LLC 729 THOMAS ST 729 THOMAS ST KEY WEST, FL 330407334 KEY VILEST, FL 330407334 COMPANY MAILING ADDRESS INSURED PROPERTY LOCATION PHILADELPHIA INDEMNITY INSURANCE COMPANY 1000 ATLANTIC BLVD PO BOX 200584 KEY VILEST, 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 NUMBER OF UNITS: N/A DATE OF CONSTRUCTION: 01 L01 L1949 PRIMARY RESIDENCE: NO PROPERTY DESCRIPTION: SLAB ON GRADE(NON-ELEVATED),1 FLOORS),MASONRY CURRENT FLOOD ZONE: VE CONSTRUCTION FIRST FLOOR HEIGHT(FEET): 1.1 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: NIA ADDITIONAL INTEREST: MONROE COUNTY BOCC LOAN No: NIA TOURIST❑VLPMNT COUNCIL 1100 SIMONTON STREET KEY VILEST,FL 330403110 DISASTER AGENCY: CASE NO: N/A DISASTER AGENCY: N/A RATE CATEGORY— RATING ENGINE OVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DUE BUILDING: $5$ 000 ,000 200 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... CONTENTS: $150,000 $55000 BUILDING PREMIUM: $5,336.00 COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. CONTENTS PREMIUM: $3,351.00 Please review this declaration page for accuracy.If any changes are needed,contact your agent. INCREASED COST OF COMPLIANCE(1CC)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 COMMUNITY RATING SYSTEM REDUCTION: {$19.00} lease contact our agency."MITIGATION DISCOUNTS"may apply if there area roved flood vents and/or the y � y y y machinery&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 II I I •,;,�,. irw RESERVE FUND ASSESSMENT: $1,754.00 HFIAA SURCHARGE: $250.00 FEDERAL POLICY FEE: $47.00 WANM, + 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. ....... .... .......... Jahn GInmb J resident and CEO Edward 5ayago J VP&Deputy Cl_0 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 IIIIIIIIIIIII II I IIII II III File: 21284047 Page 1 Of 1 DocI o: 177187089 Printed 10/10/2022 CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST JACKSONVILLE FL 32202 CITIZENS PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS POLICY NUMBER: 00039887-9 POLICY PERIOD FROM 10/16/2022 TO 10/16/2023 at 12:01 a.m.Eastern Time Transaction: RENEWAL CNR-W Pay Plan: Citizens Full Pay Bill: Insured Billed Named Insured and Mailing Address Agent FI.Agent Lic.# 1000 ATLANTIC BOULEVARD, LLC SHEILA ANN SERRANO W032348 729 THOMAS ST EAGLE AMERICAN INSURANCE AGENCY, KEY WEST, FL 33040 LLC 1855 W.STATE ROAD 434 LONGWOOD, FL 32750 Telephone:305-296-8666 Telephone:407-998-4276 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE FOR WHICH A PREMIUM IS INDICATED.THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENTS. WAYVJbIIIIV PREMIUM COMMERCIAL PROPERTY COVERAGE f �IIIII v. l $19,005.00 Required Additional Charges: 2022 Florida Insurance Guaranty Association(FICA)Regular Assessment $133.00 2022-B Florida Insurance Guaranty Association(FICA)Regular Assessment $247.00 Catastrophe Financing Surcharge $2,851.00 Tax-Exempt Surcharge $333.00 TOTAL: $22,569.00 See Form CDEC-FE-SCH—Commercial Policy Forms And Endorsements Schedule Countersigned: 08/17/2022 Authorized By: SHEILA ANN SERRANO BY: Issued Date: 08/17/2022 'I II: Barry J.Gilway President/CEO and Executive Director Citizens Property Insurance Corporation CDEC1 Q8 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST JACKSONVILLE FL 32202 CITIZENS PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00039887-9 Effective Date: 1 QI16I2022 to 1 QI16I2023 Insured Name: 1000 ATLANTIC BOULEVARD,LLC LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO. 1 CSP Code: 0542 BUSINESS DESCRIPTION: Restaurants-With cooking DESCRIPTION OF PREMISES 1: 1000 ATLANTIC BLVD ONE STORY MASONRY RESTAURANT BLDG NOT INCLUDING FABRIC CANOPY Location Address Group I Construction Group II Construction Protection Class BCEGS Grade 1000 ATLANTIC BLVD N/A Masonry N/A Ungraded KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units N/A N/A Monroe-86 1 COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance Is Shown. Covered Total Replacement Limit Of Causes Cost/BPP Actual Coverage Insurance Of Loss Cash Value Rates Premium First Loss Building(Bldg) $761,000 Wind $761,000 Class $14,587.00 No Business Personal Property(BPP) $150,000 Wind $150,000 Class $2,636.00 No Your coverage limits have been adjusted for inflation. OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below Coverage Premium Replacement Cost Building Business Personal Property Yes No DEDUCTIBLE Hurricane,Other Windstorm or Hail Percentage Deductible Deductible Percentage(Deductible Amount) Bldg:3%($22,830) BPP:3%($4,500) WINDSTORM MITIGATION FEATURES Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR C 1949 NIA NIA Connection NIA NIA Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design NIA NIA Protective Devices NIA NIA None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $17,223.00 CDEC1 Q8 21 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission. CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST JACKSONVILLE FL 32202 CITIZENS PROPERTY INSURANCE CORPORATION COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00039887-9 Effective Date: 10/16I2022 to 10/16I2023 Insured Name: 1000 ATLANTIC BOULEVARD,LLC LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO.2 CSP Code: 0542 BUSINESS DESCRIPTION: Fully Enclosed Restroom DESCRIPTION OF PREMISES 1: 1000 ATLANTIC BLVD ONE STORY MASONRY RESTROOM BLDG Location Address Group I Construction Group II Construction Protection Class BCEGS Grade 1000 ATLANTIC BLVD N/A Masonry N/A Ungraded KEY WEST,FL 33040-4852 Group I Territory Group II Territory Coastal Territory No.of Units N/A N/A Monroe-86 N/A COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance Is Shown. Covered Limit Of Causes Total Coverage Insurance Of Loss Replacement Cost Rates Premium First Loss Building(Bldg) $93,000 Wind $93,000 Class $1,782.00 No Your coverage limits have been adjusted for inflation. OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below Coverage Premium Replacement Cost Building Business Personal Property Yes DEDUCTIBLE Hurricane,Other Windstorm or Hail Percentage Deductible Deductible Percentage(Deductible Amount) Bldg:3%($2,790) WINDSTORM MITIGATION FEATURES Terrain Year Built Roof Cover Roof Deck Roof-Wall SWR C 1949 NIA NIA Connection NIA NIA Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design NIA NIA Protective Devices NIA NIA None Mortgageholder(s)&Other Policyholder Interest(s)—See Policy Interest Schedule. PREMIUM: $1,782.00 CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. 1999ATL-01 REGANL DIYYYY} MMID CERTIFICATE OF LIABILITY INSURANCE DATE'II 13/2023(MMIDN 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 NAME CT Linda Regan Insurance Office of America PHONE 395 537-2782 FAX '13361 Overseas Hi hway (A/C,No,Ext): { } (A/C,No): Marathon,FL 33050 E-MAIL SS:Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Trisu ra Specialty Insurance Company 16188 INSURED INSURER B: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 MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 110001000 CLAIMS-MADE FX] OCCUR OSU1006 15600 1/13/2023 1/13/2024 DAMAGE TO RENTED 1001000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 110001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 210001000 POLICY JERCOT° Fj]F-1 LOC PRODUCTS-COMP/OP AGG $ 210001000 OTHER: LIQUOR LIABILIT $ /10001000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 110001000 Ea accident $ ANY AUTO x OSU1006 15600 1/13/2023 1/13/2024 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 AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION XOTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N WC30G00058'172023A 'I/'1/2023 'I/'1/2024 E.L.EACH ACCIDENT $ 001000 OFFICER/MEMBER EXCLUDED? ❑Y N 1 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1001000 If yes,describe under 5001000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is additional insured with respect to general liability and auto liability APPROVED BY RISK MANAGEMENT N ... wW.M.M��{g:`J 13 Y �.yrrv'r✓� wwi�'M ............ ,•)•wduRn''l �N w.:MLw w.ueu:FW:wiiNwl!wNhunl n ym•1 •••• il✓jA fflr�..........� 7. . ..........w..r" 77777 DATE 1/18/2023 WAIVER NIA-YES 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 waM.• .,J. 1100 Simonton Street IKey West FL 33040 ACORD 25(2016/03) (D1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �G3 o couRr� Kevin Madok, CPA Lij �o ......... f� Clerk of the Circuit Court& Comptroller Monroe County, Florida ti40Z coo N-1 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. c c: 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 FIMwv�RS]"AMENDMf N"Y' TOf.,EASE AGR,'E..E.'MEN'11r r 7 HI(", NS BEACH ("ONCESS10NAIES 1"AITRAN1 17th "Ut.JJS I'�"'Ill"""'"'I'�AMENDM''E NI" 1`01 jE ASE AGREE'MEN'T i s j.-i'mde an d entere d. in to o n �y County, a.political subdivision of tfie State y by wuJ betweeti Monroe III-is day of A4'a'�'�(..')241 1`1ori(,,LA, wtiose i ru,-ulit-ig address is 1. 1.00 Sirnoti.ton Streell K.ev Westjkwidu .33040 ("Comity or "t.,essor") irid 1000 Allanfic Botflevar(l, LJ.,C, a Flori.(-Ia LJ-mited 'Lia.b.dity (..`ompany, whose niai[iii--ig address ls 729 T'hon.,ms Street., Key 'West, Horida, 3YAO o-r "'Lessee".). VA. WHEREAS, (.)ti 'March 22, 2023, the BOCC granted, approvc. I to advertise an, RFTI for a i-ty -iown as ("lare-tice S" Higgs Food an.d Beveruge C1011ceSsion Service at the ("o -inty prope MeMorial. Be(ich 'Nark ("Higgs Beac-l'i"'); ari.d. W"U'U"E'REAS, on. JLdy 1.9, 2023 the C."ou-ti-ty awarded a lease agreen.ietit -to 1000 Atlantic ,X ivy (5) years, renewable, 'or ape.--i(. . Boulevard, 1A..,C, also known as SaluteRestaurant , f� i )cl off uldifion,,,d. five (5) year terni,s t'or the Food,/B ev e rage.. at the C".ounty"s discretion, ft.m five (5) oricessk-)ii Services at Higgs Beach., and WHEREAS,, -the iS CLU"rejitly iti. th-e fi-i-ii si-i -rig st ca,ges (,.)f' -tvec(.)i-istr-i.,icl,-ior-i ofthe public Higgs 'Beach; and, -ns atid WHEREAS, the 'Lessee fms stated th,,tt tfie ongoing reconStrUC'6011 ofthe restroot its close proxim,ity to tfie leased (-.1e,rn,ised pre-mises tias afTected its abdit to fully condLlCt, y bt.v".;itiess and or) rat SaluteRestautrant. ai-id, provided fiti.ancial stale't'n-ents eviden.cin a, tetnporary dec,fii,-w in. p-rofi-ts irt 1,)ec eni b er, 2023, and n'Jcanu zixy� 2024, wh-en co-aipared to the san'),e ii,ionths in 20'.2_2 an- 2(")23 that may be, h..1 part, ("It.,ic to t.he rest.root�,is reconstrk wtion; wid Wflf'.REAS, tfw 1.11,,essee has req'LlCsted tfw (".'out-ity to abale its n-ionfl-fly ret-ital pi,yi,rients '2024, in the ��irn.ount of for Deceniber, 2023, in. the wTwum of $7,500.00 and f.0 r January, $7 500.00 for a.total of$15 (A)0.00. a.-I.-Id WHEREAS, tfie origin-C#,11 cw.-Aract itic,id-vertently iticluded tbe (:Iurre-�-it .sur�aiice I d,eclaration pages instead, of' the i.n.suran.ce ivquire-t.--netits arid both p(arfies wish. -to arnetid this scriveneCs error, an(-.] WHEREAS, th-e parties havefO'.RI CI the Lease to be rnu,tuafly and WHEREAS, botti. parties des-n-e to av'yiet'id the 1.,ease. NOW' "n-1EREFORE, in, considerat-lon of' the rrmtUal promises, cove�--mnts Cand, started fi.ere in� wid, 1"or other good and valua,We cmis'derifio-t'i,, the SU'I'l -cieiicy o fro w1i'&h is hei-eb y ack-j'imledge(J, the parties a gree as 1..'O flows: '711.1 Rent Ma,'inte-name Fee "fax, i tie fiVh ubsection is hereby u(,Ued to secfloti 'I. .),wing S, (j) Notwi fly.�standir,ig other pa.-iagrC:q,-)h in th i.S the County agives to zi,bate a. . �--u I th e 2023, wid Jwiu, -y, 2()24, "n promlexi m-onthly, reraal payment t"or the Trioriths ol"Deceti.,iber, atyi o il n t o f.'F i ft een 'T h o u s an d D o I I ars an �00 0�0 0) du e -to th e aty p i c a,] impacts related t o t he ireco nst-nwfi o il of t be restroo.ti.,is at I.-Jiggs Beach and tfi,(:./ c l ose prox i mi ty of" s aid I rec:oi struetic�i� to th' de��7*s.ed Ie8' d pre�lzi�es. This rotas resat a:�7c�t.eMe1it amount set forth here iri* an y be .ppli+ c a.s c=edit towjai'ds th.e f. tll.�'e 17 1'thI rental payinent(s)&0 by Lessee: t'Cfl it ,Z. TheCon' :tract. is c1metided, b' �.ddinp, attached Exhi- `?1 . 1� t e end of the ' +�rigina .'Le A:Treement. Sectio* n 1, Lcep1 as set forth ii1 S:eetici l and Se+ctic� 2 aboje, a. I otherruvlslons " tlw .Lle .se; s d.1.ue1. i sll 1.remaiI1 lI1 -ull.force-an�d-e' ffec't. I:N WITNESS WH F EOF, 11e pai-les IZere.to have s.et fllei= h n -.and seals t ie day .and ea- first ab�ay ��►�ri tten . C)F � ��• BOARD TY COMMISSIONERS tt:est ti �F tl IVI DOI , I_,IERK 0 MONROECOUNTY, FLORI.LDA; t.' �} By A's Tie uty/ lerk. ma�ror/C��airpersoi� APPROVED AS TO FORM do LEGAL SUFFICIENCY o ey's Of fice . Monr e� ounty'Att rn ff�c thaliA•Mellies Archer Ass tent County Attorney r1T 1ES S: 1000 ATLA.NTI.C.BOU.LE ARD LLB~•; Florida L i Lia.bil C . .� F.o `�1 �to� 11 n pan.y; . LEES. . . 'a 4 `g atlreP rtner � � � A PrintM41-10. rate Print Na: 'm e .date a gi1a.- -e CD �hrl*l1t Name Date. : .4w EXHIBIT A General Insurance Requirements for organizations/Ind.ivid.uals 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 organization/Individual'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 INSiRANCE REQiIRENIENTS FOR LEASES/RENTALS of COUNTY-OWNED PROPERTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the organizati on/Indivi dual taking possession of the property governed by thislease/rental agreement, the organization/Indivi dual 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 I 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 INSiRANCE REQiIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Indivi dual taking possession of the property governed by this lease/rental agreement, the Organization/Indivi dual 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 MONROE COUNT V�FU A RE,'QUEST FOR WAIVER.OF ENSURANCE Rf�QUIREMENTS it, mgoes dithat the insumrice rcquixcmcnu;,as in the Count"s Schedule ofl ,use ce Rcqu' ments bemralved of'madified on,Ithe Mowing contract 00 Con.InactorlVesducy, ;� Iwrr 4, • t P :,Cct#;,xi S"'ar!6 .... . ............. Co-muctotNtsdor- Addrciss&Flitant W 0 - 3cl Geneml fakope aMork, ............... ................ ............ .......... Rallson.fkw Waiver:OT A)Al 0 L.-A mA M.od i fl: al.i a n Pc2licies WAIM or Modific4tio n Will pplWy y to: W.ign e of," ll!nn, FACIC10'rAtend�S atut V , .......... ylq D 54. Nc,a AppmkoA .......... 5.8.24 Crjunty Adminalstrator-app rufl,- Not Approwd'i. Approved,,. BoA,,,frd of'County appeat, A tov,c Not Apptovcd� pp cd, Dam ....................... In-striurm-lon.7,500,7 �.►.� TU ROF F K CERTIFICATE OF PROPERTY INSURANCE DATE(MM/DD/YYYY) 05/01/2024 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,"N ,Ext: (305)289-0213 A/C,No):(305)743-1810 13361 Overseas Hi hway E-MAIL Marathon,FL 33050 ADDRESS: PRODUCER 000ATL-0'I CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIL# 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,F L 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 $ 4641000 CAUSES OF LOSS DEDUCTIBLES CPS7924670 01/13/2024 01/13/2025 PERSONAL PROPERTY $ BASIC BUILDING 2500 BUSINESS INCOME $ BROAD + EXTRA EXPENSE $ CONTENTS !" n X SPECIAL " RENTAL VALUE $ � 1 rr^evbrnry EARTHQUAKE Q li " '`��'�"� ��„ � BLANKET BUILDING L D I N G $ »: 1 I WIND 5.1.24 w/attachments BLANKET PERS PROP $ FLOOD f ;;,w,, h- -= - BLANKET BLDG&PP $ Y Excluding Wind X Equip Breakdo $ INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ ::1 $ NAMED PERILS POLICY NUMBER $ CRIME $ TYPE OF POLICY $ BOILER&MACHINERY 1 $ EQUIPMENT BREAKDOWN B Commercial Wind 00039887-10 10/16/2023 10/16/2024 X 3%Ded $ 7791000 C CL NFIP Flood 87043272272021 10/16/2023 10/16/2024 X Deductible$5,000 $ 2001000 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 ww � 1100 Simonton Street Key West,F L 33040 ACORD 24(2016/03) @ 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IiILDLPHI .................................................................................................................................................................... �` r INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 LONGWOOD,FL 327505069 SEPTEMBER 1 2, 2023 1000 ATLANTIC BLV❑ LLC 729 THOMAS ST KEY WEST, FL 330407334 Policy Number: 87043272272021 Insureds): 1000 ATLANTIC BLV❑ LLC Property Location: 1000 ATLANTIC BLV❑ KEY WEST, FL 330404852 Flood Insurance Policy Packet This packet includes: . Your Flood Insurance Declarations Page • A National Flood Insurance Program Summary of Coverage r 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:l/phlyflood.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 a@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 1of2 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 N FI P 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 2of2 lLADELPHIA NFIP Policy Number: 8704327227 YfI Ui�r•��^v.��,,��W�e ��J��. �,,�� Company Policy Number: 87043272272021 ....................................................................................................................................................................... Agent: -INSURANCE OFFICE OF AMERICA INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 PaYor: INSURED LONGWOOD,FL 327505069 Policy Term: 1011 fi12023 12:01 AM-1011 fi12024 1 2:01 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: NIA 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: NIA TOURIST OVLPMNT COUNCIL 1100 SIMONTON STREET KEY WEST,FL 330403110 DISASTER AGENCY: CASE No: NIA DISASTER AGENCY: NIA RATE CATEGORY- RATING ENGINE COVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DUE BUILDING: $ 00,000 $5,000 CONTENTS: $150,000 $5,000 BUILDING PREMIUM: $6,336.00 COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. CONTENTS PREMIUM: $3,351.00 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: ($0.00) change in the rating elements.Your property's NFIP flood claims history can affect your premium,for questions COMMUNITY RATING SYSTEM REDUCTION: 1 lease contact our agency."MITIGATION DISCOUNTS"m apply if there area roved flood vents and/or the �$ 9.00} Y 9 c]I may Y machinery&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: $1 1,794.00 IN WITNESS WHEREOF,we have signed this policy below and hereby enter into this insurance agreement. ... L... ��.•I Jahn 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 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 thrrd 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 cooker 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 Of icer Phone(877)438-7459 07122013 PHLLQG INS_1R QXP 000020438116 1999ATL-01 TUROEFK CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/26/2024 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 395 289-02'13i(AIC, FAx 395 743-'18'I9 13361 Overseas Hi hway (A/C,No,Ext): { } No):{ } Marathon,FL 33050 E-MAIL INSURERS AFFORDING COVERAGE NAIC# INSURER A:The Burlington Insurance Company 23629 INSURED INSURER B: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 MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 110001000 CLAIMS-MADE F_X] OCCUR 339BG10966 1/13/2024 1/13/2025 DAMAGE TO RENTED 1001000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ Excluded PERSONAL&ADV INJURY $ 110001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 210001000 POLICY❑ PRO- LOC 2,000,000 JECT PRODUCTS-COMP/OP AGG $ OTHER: � ,� LIQUOR LIABILIT $ 110001000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY + ' Ea accident $ ANY AUTO "':'„ BODILY INJURY Perperson) $ OWNED SCHEDULED ED A, 4. 9.24 AUTOS ONLY AUTOSWAfm BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ KA UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIV E ❑Y 1 N WC30600058172024A 1/1/2024 1/1/2025 E.L.EACH ACCIDENT $ 1001000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1001000 If yes,describe under 5001000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 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 1 122 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 lKey West FL 33040 ACORD 25(2016/03) (D1988-2015 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 $255000 C. Property Damage—Borrowed Equipment $257000 D. Personal And Advertising Injury—Limited Contractual Liability Included E. Increased Supplementary Payments Coverages A And B $21500-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 $105000 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-026711 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 �� The "personal and advertising injury" 1. The following is added to 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 . 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 pa rty'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 ether 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. lip to $2,500 for cost of bail bonds required 1. The following replaces Exclusions, 2.e. of because of accidents or traffic lave violations Section I — Coverage B — Personal And arming out of the use of any vehicle to which the Advertising Injury: bodily Injury Liability overage applies. We do not have to furnish these bonds. e. Contractual Liability d. All reasonable expenses incurred b y the insured P "Personal and advertising injurer" 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. Ions of earnings up to Soo 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 injurer" if: Page 2 of 5 Includes copyrighted material of IF -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 h. 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 h. If coverage provided to the additional agreement; or insured is required by a written contract or h. 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. Nearly 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 1 oth 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 h. 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 11 —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- -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 Duties In under this policy, and The Event Of Occurrence, Offense, Claim or Suit of Section Ill — Commercial General b• Does not apply to any claim, loss, or liability Liability Conditions: doe 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. Waiver 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 Ill — 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" odder 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 occurrence , coverage that you should have reported the" " y . is sought under this policy. offense, claim, or suit„P 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. PrimaryAnd 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 Ill — 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 net 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 IF -G-0267 11 22 ISO Properties, Inc., with its permission. (h) 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 lave are considered "autos'. 0. 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 ether 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- -0267 11 22 Includes copyrighted material of Page 5 of 5 ISO Properties, Inc., with its permission. �G3�z cou►�r� ��..J��uf Kevin Madok, CPA Lij �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida ti40Z GD�N-1 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. c c: 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 C ONCE S SIONIRE STAi RANT THIS SECOND AMENDMENT To LEASE AGREEMENT is made and entered into on this 1 oth 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 Rental Amount(from August 1, 2025 to September 30, 2025) 1 ' Monthly Rena: V;�AA:0A(Minimtill�)�7s979.90; Monthly Ap.plic:able Use tax,:, ** $279.30 TOTAL Rennt: ; ��8:. S8s259.20 Current-rate-as of 8/01/25-4416' 3.5/n (2.0% S.tate,l'.5% L®cal) subject to.than t ..and rent amount due.shall bead justed.11ccordingly.'` Rental (effectiVe October 1,2025� To: Monthly Rent:. A�B.(Minimurn 57,979.90 TOTAL-Rent: . $7,979:90 2 Except as set forth 'herein, all other provisions of:the Lease., as. aibended' shall. remain in full force and effect. IN WITNESS.Wl--IEREUI, the,.parties.hereto have set their hands and seals the clay aild-',. year first ab6ve NV.ridten. . Cal '-�(LAI � ) BOARD, COUNTY C`C)MMISSID:I�IERS test,. s N1ADC}I{. CLERK, OF MONROE COUNTY; FLORIDA, r fi O L*flIyAV 1!C_Pr' 's+:. ,r.. :• ;#."x.:.;:..:.,.,y'" r tlt ICE C' JAZis' p y 1 rl< Mayor:Tamcs K. Scholl •yf4 - g.p SES: LEt� RD, LC 1000 ATLANTIC. BOU . L A-Florida Limited I✓jaNity Company, 1ESSF Signature. Titl :. IV1anain Partner 1 • • Print Name& Address Date Signature and Print Name tc MODE . Signature Print Name&Ades Date �-��.- DATE: �8%2®02025 q rw Br yT n ' �' ``"` 1 OOOATL-01 DORSEYRI IYYYY� CERTIFICATE OF LIABILITY INSURANCE DATE'II�MMIDD(MM/DD25 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 Hi hway (A/C,No,Ext): (A/C,No): Marathon,FL 33050 E-MAIL SS:shannon.haddaway@ioausa.com INSURER 5 AFFORDING COVERAGE NAIO# INSURERA:Accredited Specialty Insurance Company 16835 INSURED INSURER B:FHM Insurance Company 16699 1000 Atlantic Blvd LLC dba Salute Restaurant INSURER C: 729 Thomas Street INSURER D: Key West,F L 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 $ 10001000 CLAIMS-MADE FX] OCCUR 2 RMS'17SO'1'1304300 '1/13/2025 '1/13/2026 DAMAGE TO RENTED 1001000 X PREMISES Ea occurrence $ X Liquor Liability&H MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 10001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 210001000 POLICY JJEC LOC PRODUCTS-COMP/OP AGG $ 210001000 OTHER- LIQUOR LIABILIT $ 10001000 A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO ..� ' BODILY INJURY Per person) $ .�� ....... �.�jK+ .. OWNED SCHEDULED y, 31 AUTOS ONLY AUTOS ''" Ayn� _" BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY 1,»= Per accident $ 1 I 1.13.25 $ &&&map--- UMBRELLA LIAB OCCUR DK(E.. EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE W.I. AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION XS PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N WC3060005$'112024A '11'112025 '11'112026 E.L.EACH ACCIDENT $ '100,000 OFFICER/MEMBER EXCLUDED? HN/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 001000 If yes,describe under 5001000 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 ��'� �� "4) IKey West F L 33040 ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PREdid MONROE COUNT,V�FU A RE,'QUEST FOR WAIVER OF WSURANCE RE)QUIREMENTS. mquestedithat thr,insumrice rcquixcmcnu;,as in the Count"s Schedule of Insurance Reqvirernelas,bemralved of'madiflied on,the Mowing contract 00 pm]on.Im.c t o r,I V c.nd u t ;� Iwrr 4, P :,Cct#;,xi ............. &Adrciss d I'llione P, 00 0 - 3cl Geneml fakope of:Work,. ............... ............... ........... ............ .......... Reason fkw Waiver:OT A)Ao s PA.od i li al.i a D. Pc2licies Wialytl or Modific4tio n Will pplWy y to: W.ign e of on' �S atut FACIClot-Vendor, .......... ,ov Nc,a Appmkmd D Ri",sk.Man. sip paturc 5.8.24 Crjunty Adminalstrator-app rufl,- )prc Approved,,. NoL Al wed, 'Date'. BoA,,frd of'County appeat, A tov,c Not Approvcd� pp cd, ml- lecti-11:1, Dam ....................... In-striurn-lon.7,500,7 �...� DORSEYRI CERTIFICATE OF PROPERTY INSURANCE DATE(MM/DD/YYYY) 01/13/2025 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 Shannon Haddaway Insurance Office of America A/C,NNo,Ext: A/C,No): '1336'1 Overseas Hi hway E-MAIL shannon.haddawa loausa.com Marathon,FL 33050 ADDRESS. y . PRODUCER 000ATL-0'I CUSTOMER ID: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Frontline Insurance Unlimited Company 10074 INSURER B:Philadelphia Indemnity Insurance Company 18058 1000 Atlantic Boulevard,LLC dba Salute!On The Beach 729 Thomas Street INSURER c Key West,F L 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES 1 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(MMIDDIYYYY) DATE(MMIDDIYYYY) A X PROPERTY X BUILDING $ 5901237 CAUSES OF LOSS DEDUCTIBLES 8291608270 01/13/2025 01/13/2026 PERSONAL PROPERTY $ BASIC BUILDING 51000 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 $ 1501000 X Restroom Bldg $ 951000 INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER � $ .wwmv. e:iiinN• CRIME 1.1 3.25 .......... TYPE OF POLICY :- -"'` $ BOILER&MACHINERY 1 $ EQUIPMENT BREAKDOWN B CL NFIP Flood 87043272272021 10/16/2024 10/16/2025 X deductible$5,000 $ 2001000 SPECIAL CONDITIONS 1 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 ww � 1100 Simonton Street Key West,F L 33040 ACORD 24(2016/03) @ 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ............................... �W �� _ ��d �� NFIP Policy Number: 8704327227 Company Policy Number:87043272272021 Agent: CIN DY PERRY .4s.M"'MM'? INSURANCE OFFICE OF AMERICA INC 1855 W STATE ROAD 434 Payo r: INSURED LONGWOOD,FL 327505069 Policy Term: 1 0/1 6/2024 1 2:01 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 DELIVERY ADDRESS INSURED NAME(S)AND MAILING ADDRESS 1000 ATLANTIC BLVD LLC 1 000 ATLANTIC BLVD LLC 729 THOMAS ST 729 THOMAS ST KEY WEST, FL 330407334 KEY VILEST, 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: NIA DATE OF CONSTRUCTION: 01/01/1949 PRIMARY RESIDENCE: NO PROPERTY DESCRIPTION: SLAB ON GRADE(NON-ELEVATED),1 FLOORS),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: NIA SECOND MORTGAGEE: LOAN NO: NIA ADDITIONAL INTEREST: MONROE COUNTY BOCC LOAN NO: NIA TOURIST DVLPMNT COUNCIL 1100 SIMONTON STREET KEY WEST,FL 330403110 DISASTER AGENCY: CASE NO: NIA DISASTER AGENCY: NIA RATE CATEGORY— RATING ENGINE COVERAGE DEDUCTIBLE COMPONENTS OF TOTAL AMOUNT DUE • 200 000 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, BUILDING. $ $5,000 CONTENTS: $1609000 $59000 BUILDING PREMIUM: $61336.00 COVERAGE LIMITATIONS MAY APPLY.SEE YOUR POLICY FORM FOR DETAILS. CONTENTS PREMIUM: $31351.00 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 lease contact your agency."MITIGATION DISCOUNTS"may apply if there area roved flood vents and/or the COMMUNITY RATING SYSTEM REDUCTION: ($19.00) p Y 9 Y Y pp Y pp ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, machinery&equipment is elevated appropriately.To learn more about your flood risk,please visit FULL RISK PREMIUM: $91743.00 FloodSmart.gov/flood costs. ANNUAL INCREASE CAP DISCOUNT: ($0.00) ENDORSEMENT EFFECTIVE DATE: 1 0/29/2024 1 2.01 AM ENDORSEMENT PREMIUM: STATUTORY DISCOUNTS: ($0.00) 0.00 CHANGES APPLIED TO: DISCOUNTED PREMIUM: $91743.00 RESERVE FUND ASSESSMENT: $1,754.00 HFIAA SURCHARGE: $250.00 FEDERAL POLICY FEE: $47.00 PROBATION SURCHARGE: $0.00 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, TOTAL ANNUAL PREMIUM: $111794.00 PRORATA PREMIUM ADJUSTMENT: $0.00 NWITNESS WHEREOF, .1 we have signed this policy J below and hereby enter into this insurance agreement. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ADJUSTED ANNUAL PREMIUM: $111794.00 ...s.............. ; ]ohn Glornb J resident and CFO Edward Sayago/VP&Deputy CL0 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 IIIIIIII IIIIIIIIII II II III File: 31121251 Page 1 of 1 111111111111 Jill 111111111111111 DOCI D: 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. 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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. 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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 PHLLOG_IN S_1 R_OXP_0 0 00 2 043 8116 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Tuesday, January 27, 2026 12:16 PM To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock; Senior Management Team and Aides; Liz Yongue; InternalAudit; Agenda Item Review Team Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena; Powell-Barbara; Guerra-Cynthia; Brynn Morey Subject: Item C7 BOCC 01/28/2026 REVISED BACKUP Attachments: 2026-01-26 Salute rent Assignment memo signed.pdf, AIS 0205 - REVISED BACKU P.docx Categories: Orange Category Good afternoon, Please be advised that the backup for the C7 agenda item has been revised. "Discussion and direction regarding the potential assignment and assumption of the Lease for food and beverage concession services at Higgs Beach from 1000 Atlantic Boulevard, LLC to Southfarthing, LLC including consideration of the purchaser's request to exercise a five year renewal option. Pursuant to Section S, Renewals, of the original agreement, the Lease may be renewed at the County's discretion, subject to approval by the Board of County Commissioners,for up to five additional five-year terms upon timely written request by the Lessee. " Sincerely, Executive Administrator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 (305)292-4441 (Office) (305)850-8694(Cell) Courier Stop#1 Notary Public w.r o n r y e c_ u�n1y:�:V_e.gpy i».c z..- Y .�.. _rn nroecou�_n�.Y..-.�..:.i» .Y. i PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE ! Mayor Michelle Lincoln,District 2 The Florida Keys m Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: {{section.number}}{{item.number}} 26-0205 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: NA STAFF CONTACT: Tammy Acevedo AGENDA ITEM WORDING: Discussion and direction regarding the potential assignment and assumption of the Lease for food and beverage concession services at Higgs Beach from 1000 Atlantic Boulevard, LLC to Southfarthing, LLC, including consideration of the purchaser's request to exercise a five-year renewal option. Pursuant to Section 5, Renewals, of the original agreement, the Lease may be renewed at the County's discretion, subject to approval by the Board of County Commissioners, for up to five additional five-year terms upon timely written request by the Lessee. ITEM BACKGROUND: 1000 Atlantic Boulevard LLC, doing business as Salute Restaurant, is a long-standing leaseholder under a Food and Beverage Concession Service Lease issued by Monroe County for the operation of the concession/restaurant located at Clarence S. Higgs Memorial Beach Park ("Higgs Beach"). 1000 Atlantic Boulevard, LLC (Salute Restaurant) has entered into an agreement to sell the assets of its Food and Beverage Concession business at Higgs Beach to Southfarthing, LLC, contingent upon Board of County Commissioners (BOCC) approval of the assignment of the existing Lease. The Lease is set to expire on August 12, 2028, however, has the option of five renewal periods of five years each. Southfarthing, LLC has expressed interest in the discretionary power of the BOCC to review a request for renewal prior to the Lease Assignment and closing of the purchase between 1000 Atlantic Boulevard, LLC and Southfarthing, LLC. Southfarthing, LLC has responded as follows to the litigation section within the initial Request for Proposal: Litigation—Please provide answers to the following: 1. Has the person, principals, entity, or any entity previously owned, operated, or directed by any of its officers, major shareholders, or directors ever failed to complete work or provide the goods for which it has contracted? If yes, please provide details. NO 2. Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against the person, principals of the entity, or entity, or any entity previously owned, operated, or directed by any of its officers, directors, or general partners? If yes,please provide details. NO 3. Within the last five (5)years, has the person,principal of the entity, entity, or any entity previously owned, operated, or directed by any of its officers, major shareholders, or directors been a parry to any lawsuit, arbitration, or mediation regarding a contract for services, goods, or construction services similar to those requested in the specifications with private or public entities? If yes,please provide details. NO 4. Has the person, principal of the entity, or any entity previously owned, operated, or directed by any of its officers, owners, partners, major shareholders, or directors ever initiated litigation against Monroe County, or been sued by Monroe County, in connection with a contract to provide services, goods, or construction services? If yes, please provide details. NO 5. Within the last five (5)years, has the owner, an officer, general partner,principal, controlling shareholder, or major creditor of the person or entity also been an officer, director, general partner, principal, controlling shareholder, or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in this request for competitive solicitation? If yes,please provide details. NO PREVIOUS RELEVANT BOCC ACTION: On July 19, 2023, the BOCC approved the Lease Agreement for Higgs Beach Concession, Key West, Monroe County, Florida, with 1000 Atlantic Blvd LLC for food and beverage concession services at the location known as Salute Restaurant. On July 19, 2024, the BOCC approved the First Amendment to the original lease agreement for a rent abatement due to the atypical construction impacts that may have impacted Saate Restaurant and to correct insurance requirements. On September 24, 2025, the BOCC approved the Second Amendment to the original lease to reflect mandatory CPIU increase and repeal of State sales tax and discretionary surtax on rent. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Southfarthing, LLC will replace 1000 Atlantic Blvd, LLC as "Lessee" or "Tenant" under the Lease Agreement for Higgs Beach Concession, Key West, Monroe County, Florida, dated July 19, 2023, as amended. STAFF RECOMMENDATION: Approve. DOCUMENTATION: Salute Lease Assignment and Renewal Option Request Lease Agreement for Higgs Beach Concession 7/19/2023 First Amendment to Lease Agreement 7/17/2024 Second Amendment to Lease Agreement 9/10/2025 FINANCIAL IMPACT: None as the Assignee would assume all terms and conditions under the original agreement, as amended, and thus have the same financial impact. .� BOARD OF COUNTY COMMISSIONERS County of MonroeMayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 �9 Craig Cates,District 1 James K.Scholl,District 3 Holly Merrill Raschein,District 5 ,..�::r MEMORANDUM DATE: 26 January 2026 TO: Board of County Commissioners CC: Hurley, Boan, Shillinger Digitally signed by Kevin G. FROM: Kevin G. Wilson ` '�� Wilson,P.E. Date:2026.01.27 09:49:24-05'00' SUBJECT: Analysis of Options for Lease Assignment and Rent for Higgs Beach Conclusion: The current rent for Salute! is below market rates for a restaurant in Key West. Recommendation: As a prerequisite for granting a five year extension of the lease through 2033 at this time concurrent with approval of the assignment to a proposed buyer, modify the rental terms to include a fixed monthly payment of$10,000 plus 4%of gross sales with a minimum monthly payment of$20,000. Background: Current Situation: The current lessor (1000 Atlantic Blvd., LLC) has leased the property since 2008 (via assignment from Key West Hospitality). The rent in the 2008 agreement was$7,335/month ($88,200/year) and did not include a percentage of the gross sales. This vendor has been an excellent tenant with a good reputation as a restauranter in the Florida Keys. While this vendor seeks to sell the business, the County is now faced with a buyer who has not operated a business in the Florida Keys. The most recent lease was awarded via a public solicitation in 2023, in which only one respondent submitted a proposal. The rent established in that lease at that time was $7,500/month plus 2.5%of the gross taxable sales with a minimum monthly charge of$15,000. The fixed portion of the rent was subject to an annual increase based on the Consumer Price Index(CPI). The lease is a triple net agreement (Lessor pays utilities, maintenance, and taxes). This is the norm for such agreements in Key West. The annual rent receipt for Oct 2024—SEP 2025 was approximately$225,300. The gross taxable sales for that period were approximately$5.1 million.The total rent was,therefore, approximately 4.4%of the gross. The current lease renewal will expire in AUG 2028. The lease provides for an additional five (5) renewals of five (5)years each. The current lessee has entered a contract with Southfarthing, LLC to sell the business. Staff have examined the financial statements of Southfarthing and find them to be adequate. Southfarthing, LLC has asked the County to approve the next five (5) year renewal (through 2033) simultaneously with approval of the lease assignment from 1000 Atlantic Blvd., LLC. This request, if honored, assures the buyer that the business has control of the property for 7 years and 7 months. Alternatively, the County could have reopened a solicitation prior to August 2028 for a vendor to assure the County is receiving market rate rent. The lease language includes arequirement that the County Commission approve any assignment, asbelow: � Kenew'jill: I Mus Lease may De renewea, at Une uoumy's �aisetetion, contingent upon -tten approval of the Board of County Commissioners,f�r��ve(5)add�iunal five(5)year terMs upon written request by the Lessee, provided at least sixty �(60) days prior to termination of the Lease or any renewal thereof Analysis of Market Rents for Restaurants in Key West: Staff engaged appraisers with knowledge ofthe Key West rental market to evaluate the rent structure of the current lease and to evaluate what are appropriate market rate rents. In addition, staff consulted a local real estate agent active in the Key West commercial market. The current lease rate nets the County approximately 4.4%of gross sales (combined fixed amount plus sales percentage). This equates to $1,541/seat/year contrasted with the average of the comparables of approximately$2,6OO/seat/«earin Key West . One appraiser opines that many successful restaurants in Key West have rents based upon a percentage of gross sales. He lists the normal range between G96 and 1O96of gross sales. He reports that the City of Key West restaurant and bar leases are mostly 6% of gross sales. He recommends a rent of$27,OOO /6.496\ ' $3O,OOO/noonth /7.196\. He also analyzed iton the basis of seating capacity. The licensed seat capacity is1GO. The appraiser estimated a rent of$2,4OO/«ear/seat which produces an annual rent of$36O,OOO which would be7.196of annual gross sales. The Realtor opined that rents in the 696'O96of gross sales are typical 1. No change in rent terms a. Advantages—simple; easy to implement; creates the least risk to the sale b. Disadvantages—revenue stream is below market rate (opportunity cost) 2. Propose a change to no fixed component of rent but change to higher percentage of gross sa|es /6.G96\ a. Advantages—increases County revenue by4G'GO96; b. Disadvantages—increased rent may affect profitability of the business causing it to fail (loss of revenue to County) ; buyer could back out ofpurchase 3. Retain current fixed/ percentage model (currently$7GOO/noonthplus 2.G96of gross sales) but increase the fixed amount to $1O,OOO/noonth plus 496of gross sales with a noininouno monthly payment of$2{\OOO. (using past gross sales this results in a net rent of6.496of gross sales) a. Advantages— retains structure for rninirnurn rent; increases County revenue; sensitive toupor down turns in business for the owner b. Disadvantages— Revenue is less predictable; buyer could back out of purchase. 4. Do not approve assignment, readvertise for a new vendor in time for the end of this lease