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Home My WebLink About2019-148AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made to be effective September 10 , 2019 (the "Effective Date"), by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, ("Landlord"), having a notice address 1801 27th Street, Vero Beach, FL 32960 Attn: Public Works Director;_and BEAUTY SYSTEMS GROUP LLC, a Virginia limited liability company ("Tenant"), having a notice address at 3001 Colorado Blvd., Denton, Texas 76210, Attn: Real Estate, Store No. 10398. WITNESSETH: WHEREAS, Landlord's predecessor and Tenant entered into that certain Lease, dated April 1, 2014 with all subsequent amendments and extensions thereto, collectively hereinafter referred to as the "Lease"; and WHEREAS, Landlord purchased Sebastian Corners ("Shopping Center") and was assigned the Lease whereby Landlord and Tenant are the current parties to the Lease for that certain retail premises consisting of 1,600 leasable square feet more particularly described in the Lease ("Premises") such Premises being part of Shopping Center located on real property more particularly described in the Lease, in the City of Sebastian and State of Florida; and WHEREAS, the term of the Lease shall expire on September 30, 2019; and WHEREAS, Landlord and Tenant now desire to extend the term of the Lease and document other mutually agreed upon modifications, all as more fully set forth below; NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: I. LEASE MODIFICATIONS A. Lease Term. The term of the Lease is hereby extended for a period of Two (2) years such that the term shall now expire on September 30, 2021 (the period from October 1, 2019, through September 30, 2021, herein the "Extension Period"). Notwithstanding anything to the contrary contained in the Lease, the Minimum Annual Rent during the Extension Period shall be $1,666.67 per month. B. No Option. The parties hereto acknowledge and agree that Tenant shall have no further right or option to renew or otherwise extend the Lease upon the expiration of the Extension Period. At the end of the Extension Period, the Lease shall terminate and Tenant shall return possession of the Premises to Landlord in accordance with the terms of the Lease. C. Insurance. Notwithstanding any other provisions contained in the Lease, the Landlord hereby approves of the form and content of the insurance certificates attached to this Amendment as Exhibit A (the "Approved Insurance Certificates") and further agrees that, provided the Tenant maintains at least the insurance coverages set out in the Approved Insurance Certificates, excluding the Umbrella Liability, the Tenant will be deemed to be in compliance with its insurance obligations under the terms of the Lease. -1- II. MISCELLANEOUS 1. Notwithstanding anything to the contrary contained in the Lease, Landlord hereby waives any lien, statutory or otherwise, that Landlord may have on Tenant's fixtures and personal property. 2. All capitalized terms not defined herein shall have the same meaning as set forth in the Lease. 3. All the other terms and conditions of the Lease not specifically modified by this Amendment shall remain in full force and effect. 4. Landlord warrants and represents that it is the owner of the Shopping Center and the Premises and has the right, power and authority to execute this Amendment. 5. This Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. The captions, section numbers and paragraph numbers appearing in this Amendment are inserted only as a matter of convenience and in no way define, amplify, limit, construe, or describe the scope or intent of any section of this Amendment. 7. This Amendment and the Lease contain the entire agreement between Landlord and Tenant, and supersede any prior agreements with respect thereto. Except for the warranties, representations, contingencies, conditions and/or agreements set forth in this Amendment and the Lease, no warranties, representations, contingencies, conditions, and/or agreements have been made by Landlord or Tenant, one to the other or between them. 8. This Amendment may be executed in multiple counterparts each of which when taken together shall constitute a binding agreement. This Amendment may be executed and delivered by electronic copy or via facsimile, which such electronic copy or facsimile signatures and delivery shall be valid and binding the same as if original documents were delivered. LANDLORD AND TENANT DO HEREBY RATIFY AND AFFIRM THE SAID TERMS AND COVENANTS OF SAID LEASE AS AMENDED HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THE LEASE AND THE TERMS OF THIS AMENDMENT, THE TERMS, PROVISIONS AND CONDITIONS OF THIS AMENDMENT SHALL PREVAIL AND CONTROL. [REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURES ON THE NEXT PAGE] -2- IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective on the Effective Date first set forth above. LANDLORD: BOARD OF COUNTY COMMISSION' -'' INDIAN RIVER COUNTY, FLORIDA *I • 0.7\ • Approved as to form and legal sufficiency BY: : *: f,. Bob Solari, Chairman •, September 10, ��=- •'\'/ BCC Approved: • • o �lll'tTY, .., Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: 04 Deputy Clerk TENANT: SALLY BEAUTY SUPPLY LLC, a Virginia limited 1iaL Ii r company By: Name: John Goss Title: Group Vice President of Store Operations William K. DeBraal Deputy County Attorney Approved: By Jason E. County A' mini .trator '``�� L' CERTIFICATE OF LIABILITY INSURANCE 11/1612019 DA12/281"P20 s') THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 1HE CERTIFICATE HOLDER. TIES CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OIPORTANT If the celtBcaa bolder a an ADDITIONAL INSURED, the pelcy(fas) must hew ADDRIONAL INSURED provisions or be Ef SUBROGATION IS WAIVED, subject to the teens and con 1lons of the 'nomad. on policy. this certilleats does not tooter to the WWI' In Ow tenant polkas may maim an endorsement A statement x fig$ib esef1llcide of such spa). P OD LOCKTON COMPANIES ;t>'', "t.t 21�ROSS SAVE UE. SUITE 1400 214-969-6700 4 ."t .ritt 1 taller t-; -, GoVERAOE NaCl INSURER A: Safety National Casualty_Corpotation 15105 MURED Say Beauty. Mu-. BatY BeaulY &PA% 1454045 LLC, Beatty Systems Group. LLC Sally Beauty de Puerto Rico. Inc DEARERe : Commerce and Industry insurance Company 19410 uNsttReR c $ Excluded S 1,000,000 3001 Colorado Blvd. INSURER D : PERSONAL a ADV INJURY Detton TX 76210 MEURER E: S 4,000,000 PROcUc7$-COIIiyOP AtIG BEEF: • RSI21Vre FREMOOK: AAAAI.AA THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. 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 POUCIES. LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. p� LTR TYPE OF INSURANCE AWL W.....POLICY NUMBER AMiRIAIM.LAIRS A x COMMERCIAL E" TM N— N GL4045090 11/1612018 11/16/2019 EACHoccURRENCE 3 1,000.000 I MLARIS-MADE f OCCUR klagEsD'ooa aiwl s 1.000.000 )x. SIR 1500-000 IMEDE%Pper onepimonl $ Excluded S 1,000,000 PERSONAL a ADV INJURY GENL AGGREGATE LIMIT APPLIES PEft X POUCYO ❑ LOC OTHER GENERAL AGGREGATE S 4,000,000 PROcUc7$-COIIiyOP AtIG s 3.000,400 3 A AUTOMOBILE X '^ WI BIEmt ANY AUTO "I�p.R+'EwpONLY A ONLY _ IMLeri A�Yp N N CAS 4045089 11/16/2018 11/16/2019 It SINcxE UYaT kva $ 1,000,000 XXXXXXX IS O01LYINtt1RY(Parpanon)1$ emu suu [Y(Peraccoss irefFHOPERoxicrereMAOE S XXXXXXX__, S XXXXXXX sXXXXXXX B X trMBAE.LALM.B Exp Lags us MAGE N N 28189375 11/16/2018 11/16/2019 Eed tocWRRENcE s 25,000,000 AGGREGATE $ 25,000,000 S XXXXXXX CED I "eTENf1ON f A A byelawA AM slaLOYER$•L3$ Lamm ,War aFr+eeeseaeutexasamr YIN N NIA N AOS_ Dt.MS4045085 W1)PS4045088 0)SP405T/85 Excess WC 5500.000 SIR 11/16801$ 11/16/2018 11/16/2018 11/16/2018 11/I6/2014 11/16/2019 11/1612019 11/16/2019 X s � E"�t s 1.000 000 pi...r..ysine aotrriottoreM el_ maned.eke/now:a s 1.000,000 oPaewztottsaa.a CL MEM vcum User 1.000,000 • t DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD tat, Additional Ramadta Sdednsa, maybe attached V more apace IS a Gond) Covered Ioeations include a8 of Imeaeds` stores with lease aghhteeems to e8eer or ceased deice the policy period The general liability policy includes a bhn$et aeromuie additional enured endwaanert that provides additional inured nape to the crnifieane holder only when there is a written eoaraet between the scrod mimed and the erni5ease bolder clan requires Wash oaths. The Eahvd liabui workers' and caws workers' a b10lkd s:aarsne waiver of } policies Weide holder fnArogannn Mdolfement that provides til Cann onlj' when i is a wtmM maws between the named �osnifitlY bolder dW rcyoves iL CFRTIFIPJT'P MAI two �.,--�_.. _—___ 15600928 Third Party Who Requires Evidence of Insurance. ACORD 26 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED FOUCIES BE CANCELLED BEFORE THE E7RPATIDN DATE THEREOF. NOTICE Pau. ea ou.r etan +N ACCORDANCE VIM THE POUCY P*OY140N11, AUTHORIZED REPRESIDRTATWE Ze' is1988-2013 ACORD CORPORATION. AU rights reserved The ACORD name and logo era registered marks of ACORD Attachment Code : 0555203 Certificate ID : 15665904 POLICY NUMBER: GL 4045090 COMMERCIAL GENERAL LIABILITY CG 24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABIUTY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an occurrence, offense or loss to which this endorsement applies. Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your worts" done under a contract with that person or organization and included in the 'products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ail 24040509 ® Insurance Services Office, Inc., 2008 Page 1 of 1 Attachment Code : D555207 Certificate ID : 15665904 POLICY NUMDER: GL 4045090 COMMERCIAL GENERAL LIABILITY CG 2011 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE PART Designation Of Premises (Part Leased To You): All locations owned by, leased to or occupied by the insured. Name Of Person(s) Or Organization(s) (Additional Insured): As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with . respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following addifional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 11 04 13 2. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section lit — Limits Of Insurance: If coverage provided to the additional insured is . . required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. 0 Insurance Services Office, Inc., 2012 Page 1 of 1 65352I6$tfrertiticatfRIT GES THE POLICY. PLEASE READ IT CAREFULLY. Attachment CodcH ADDITIONAL INSURED BY CONTRACT OR AGREEMENT PRIMARY BASIS This endorsement modifies insurance provided under the following Coverage Form: COMMERCIAL GENERAL LIABILITY PRODUCTS/COMPLETED OPERATIONS LIABILITY LIQUOR LIABILITY POLLUTION LIABILITY This endorsement changes the policy effective on the inception date of the policy unless another endorsement effective date is indicated below. SCHEDULE Name of Additional Insured Person(s) or Organization(s): As required by written contract or agreement when such written contract or agreement is executed prior to an occurrence, offense or loss to which this endorsement applies, but only for the limits agreed to in such contract or the Limits of Liability provided by this policy, whichever is less. Any individually scheduled additional insureds shall not be construed to override nor negate this blanket additional insured. Designated Project, Location, or Work of Covered Operations: enL.i lbec! tsuie (s As per written contract or agreement with the above described persons) orn organization(s) CHANGES SECTION Il - WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for 'bodily injury', 'property damage' or 'personal and advertising injury' caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), ocations(s), or work designated in the Schedule and as specified in the contract between you and the above scheduled Additional Insured(s). b. The insurance afforded under this Coverage Form to such Additional Insured(s) applies only: (1) If the 'occurrence' or offense takes place subsequent to the execution and effective date of such written contract and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first c. How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of: (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance provided by the Coverage Form. SNGL 0231209 Safety National Casualty Corporation Page 1 of 2 1 The amount we will pay on behalf of such Additional Insured(s) shall be a part of, and not in addition to, agt; Attachment codttjeg{ f 5$lli4the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. d. Obligations at the Additional Insured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. SECTION IV — CONDITIONS is amended by deleting item a. Primary insurance under 4. Other Insurance and replacing such item by the following, only with respect to insurance provided to the Additional Insured(s) shown in the above Schedule: a. Primary insurance and/or Primary and Non -Contributory insurance This insurance is primary if you have agreed in a written contract that this insurance is to be primary. if you have agreed in a written contract that this insurance is primary and non-contributory with the Additional Insured(s) own insurance, this insurance is primary, and we will not seek contribution from that other insurance. The Additional insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to Endorsement Effective 11/16/2018 Policy No. GL 4045090 Endorsement No. Named insured SALLY BEAUTY HOLDINGS, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By Page 2 of 2 Safety National Casualty Corporation SNGL 0231209