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1st Renewal 08/17/2011DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: September 20, 2011 TO: Peter Horton, Director of A irports April Pearson FROM: Pamela G. Hanc kP.. C. At the August 17, 2011, Board of County Commissioners meeting, the Board granted approval and authorized execution of Item C23 Renewal Agreement with Keren Adlen and Dani Tobaly, DBA Jet Lag Accessories, LLC for retail space at the Key West International Airport. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney via e -mail Finance File,/ LEASE RENEWAL AGREEMENT JET LAG KEY WEST INTERNATIONAL AIRPORT This Agreement is made and entered into on the 17th day of August, 2011, by and between MONROE COUNTY, a political subdivision of the State of Florida, owner of Key West International Airport, hereinafter referred to as "Lessor" or "County ", whose address is 1100 Simonton Street, Key West, Florida, 33040, and Keren Adlen and Dani Tobaly, DBA JET LAG ACCESSORIES, LLC., hereinafter referred to as "Lessee" or "Tenant" whose address is 423B Duval Street, Key West, Florida 33040. WHEREAS, on the 18th day of July, 2010, the parties entered into an agreement for the use of property more particularly described in exhibit "A ", hereafter original agreement. A copy of the original agreement is attached to this renewal agreement and made a part of it; and WHEREAS, the original agreement term ended on July 31, 2011 but the parties desire to renew the original agreement an additional 1 year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Exhibit A of the original agreement is hereby replaced with the attached Exhibit A dated August 1, 2011. 2. Paragraph 2(a) of the original agreement is amended to read: 2(a) TERM. This agreement will take effect on the 1 St day of August 2011, and will terminate on the 31 day of July, 2012, unless terminated earlier under another paragraph of this agreement. 3. Paragraph 3 of the original agreement is amended to read: 3. Rental and Fees (a) i. Lessee agrees to pay Lessor rent in the amount of $1,001.77 per month plus tax, including electricity and garbage, for retail concession space 217. ii. In addition to the rent, Lessee agrees to pay Lessor 5% of the annual gross revenues plus sales tax, or a guaranteed minimum annual fee of $17,000 plus sales tax, whichever is greater, generated by Lessee's operations at retail concession space 217. Rental payments are due by the 1 St day of the month for which the rent is due. An annual rental payment adjustment shall be made in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI -U) for the most recent 12 months available or in accordance with the Airport's standard rates and charges as revised annually, whichever is greater. The increase will take effect on the anniversary month of the month when the operation opened for business. Annual gross revenues are determined on a calendar year basis. A calendar year shall run from January 1 st through December 31 inclusive. Payment of charges under this subparagraph shall be made in monthly installments. Lessee shall remit, at a minimum, 1/12 of the annual guaranteed minimum plus sales tax ($1,522.91) on an arrears basis. Payment shall be made no later than the 25 day of the month payment is due, i.e. January payment by February 25, February by March 25, etc. In the event the total amount paid during any calendar year period is less than the greater of the fees set forth in 5a.ii, Lessee shall remit the difference by February 28 of the year subsequent to the calendar year for which the charge is due. Except as set forth in paragraphs one, two and three of this Lease Renewal Agreement, in all other respects, the terms and conditions of the original agreement remain in full force and effect. ATTEST: go Title: each party has caused this Agreement to be executed by its duly Z.L. "-LERK COU PEDRO BOARD OF COUNTY COMMISSIONERS OF MONRO O TY, FLORIDA b 114yor/Wirman LESSEE'S: Kereg Adlen A, Dani Tobaly r� N N EY r rte; 3�m O CA W - I :--m � J J J Q O 8-1-2011 i' 'J En (I J al Lid "t Exhibit A GIFiSHOP k. ( 1 '(a �. 1'A?VMOEAE�t'$�_1 01 C' --.r._l 11.:: : Lease with O O O Keren Adlen and Dani Tobaly st�T ` '1 DBA Jet Lag Accessories, LLC FT 1 ,1 x I x r » 1-15 ■ And 1-20 /-- Monroe County __ _:� _ at Key West International Airport 1 J i J I -------=---` 1 J ____ ____ J _ _ ____ ____ ____ ___, ___ _ I 1 I 2-07 ='o= —or 0 O ❑ • l , r„..... • I O D 1 R EON ®ON n I OFFICE OFFN2 2-09 - ® BH S5 _ 2-11 RAYTHEON FRNAT& _ 'RAYTH©OFFICES -- I RESIN T ! !! 2-1 Q BAGGAGE SCREENING ROOM Men RM. - --.. - Ec: 2-12 � ) _ —_' — _ 1 OFFICE COMM , \1 06 I ® ffIEI ��; OFFICE ® / - ElII i ELECTRICAL V ` „ . ❑ �'; .A' �I OFFICE OF FlCE OFM .._ ® [RRJ ® woos I � I=- L OFFICE ' lar.... AMERICAN TA CONTINENTAL J ' M i © EAGLE DELTA US AIRWAYS I FUTURE SECURITY KRCI COMOOp ELcc ca )l co CHECK•IN 1:1, L 'I EGA t�'j ® I Mj 1NIEN•5 i'g` EI i I 1 A (- q WOMEN' �3au'8 MATH.RN. J I/�J m v. II1' MC II _ � ` I, m c� coo CIfC/COMM P1C/CONM .. i F ` I AI[(W-1111- AME DELTA t__TA UEAI. Iw ui 1pit cover { cfo' i II TSA OFFICE I ® `® ® ® ® ® DLO I. < E3�27 f ;ECuR,TY RESTROO , LJ T O O T. Q O. t. ;0_.. :HECK-IN E - C.a-_J ti.-.I -- I I I VV� .._ - - --- - II I 1_ • --• F }----•-. . }- - - - - - - I) 1 I i I — — II Upstairs Lease Area CE _ — _ _ ._ 11 I Space#217 ELEV 1 I PUBUC •�� JETLA-1 OP ID: TM AC aRCr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/13/11 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 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 305-294-1096 CONTACT NAME: Key West United Insurance,Inc. 305-294-8016 PHONE FAX 646 United Street,Suite 1 (A/C,No,Ext): (NC,No): Key West,FL 33040 E-MAIL Terry Melvin ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Mount Vernon Fire Insurance INSURED Jet Lag Accessories,LLC INSURER B: 3493 S. Roosevelt Blvd.#217 INSURER C: • Key West, FL 33040 INSURER D: 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 SUER POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER • (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CL2578915A 08/15/11 08/15/12 PAMAGES( RENTED 10O 0O PREMISES{Ea occurrence) $ � 0 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILYINJURY(Perperson) $ ALL OWNED — SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS ;(. ; e (•�• (Per accident) $ $ UMBRELLA LIAB OCCUR 1 "` —- - N.- -- - - -- EACH OCCURRENCE $ EXCESS LIAB ! I/ CLAIMS-MADE / AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION "''` ' v %- :; :...,.: ..-_ .._ ...?.:....: _..-�.; WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) retail sales Certificate holder is named additional insured as their interest may appear. I: hi': SEP 1 5 2011 i I CERTIFICATE HOLDER I CANCELLATION -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe CountyBOCC THE EXPIRATION D THEREOF, NOTICE WILL BE DELIVERED IN RDANCE WITH T E P LICY PROVISIONS. 1100 Simonton St. c Key West, FL 33040 AUTHORIZ D REPRESENTA VE 1 -� Ter Ivin A _ 1 ©1988- 010 A -RD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks f ACORD