1st Amendment 05/21/2014AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
IIIIONW COUNTY, FLORIDA
DATE: June 17, 2014
TO: Peter Horton,
Director of Airports
ATTN. • Judy Layne, Senior Coordinator
Airport Grants and Finance
FROM. • Lindsey Ballard, D. CVf
At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items:
Item C4 Approval of an amendment to the Jet Lag Accessories, LLC lease.
Item C6 Ratification of the Consent to Assignment of Lease from Conch Flyer, Inc. to Conch
Flyer Concessions, LLC with the exhibits to the document now attached.
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
Finance
File ✓
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax. 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
LEASE RENEWAL AGREEMENT
JET LAG
KEY WEST INTERNATIONAL AIRPORT
This Agreement is made and entered into on the 21st day of May, 2014, 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 Susan Wallace, DBA JET LAG KW, LLC., hereinafter referred to as "Lessee"
or "Tenant" whose address is 3493 South Roosevelt Blvd. STE # 8 Key West, FL 33040.
WHEREAS, on the 18th day of July, 2010, the Lessee's predecessor in interest 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, 2010 and; and
WHEREAS, the original agreement was amended and renewed on August 17, 2011 for one
additional year; and
WHEREAS, the original agreement was again renewed for one year on June 21, 2012 and on May
15, 2013;
WHEREAS, on 20 day of March 2014 Jet lag Accessories, LLC., was purchased by Susan
Wallace DBA Jet Lag KW LLC., and, prior to the sale, the former owner requested that the lease be
renewed one more year; and
WHEREAS, the parties have found the original agreement to be mutually beneficial; now,
therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. Paragraph 2(a) of the original agreement is amended to read:
2(a) TERM. This agreement will take effect on the 1St day of August 2014, and
will terminate on the 31 day of July, 2015, unless terminated earlier under another
paragraph of this agreement.
2. 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 $1,324.40 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 $20,892.72 plus sales tax, whichever is
greater, generated by Lessee's operations at retail concession space 217.
r
Rental payments are due by the 1st 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 ($1741.06) 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, and two of this Lease Renewal Agreement, in all other respects, the
terms and conditions of the original agreement remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
HEAVILIN, CLERK
AW IVAV!l.iN, f,`,t,ERK
BOARD OF COUNTY COMMISSIONERS
OF MON E C TY, FLORIDA
ayo ylvia Murphy
LESSEE:
Susan Wallace
ANGELICA SWEETING
E 4 = Notary Public - Stale of Florida
• " My Comm. Expirer Aug 23, 2016
CommiwiN I EE $29601
Soeded TWO* National Notary Assn.