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Home My WebLink About6th Amendment 09/16/2015 i±R / G. SL. -':. 4.4kre-,*--4,114VPA t, 3 'r.p).- f `� .. li q 4.� CLERK OF CIRCUIT COURT & COMPTROLLER - °r02 ,t; i MONROE COUNTY FLORIDA coo, ' aroma' DATE: October 15, 2015 TO: Don DeGraw, Director of Airports ATTIC• Beth Leto, Airport Business Manager FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller ' �0beei5 At the September 16, 2015, Board of County Commissioner's meeting thea,Boar_d granted approval and authorized execution of Item C28 an amendment to th _'sCorichler Conce i ns' Llease, adding additional retail space to the departure area restaurant. Enclosed is a duplicate originals executed on behalf of Monroe County,for your handling. Should you have any questions,please feel free to contact me. 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 AMENDENT TO LEASE AGREEMENT CONCH FLYER CONCESSIONS, LLC. THIS AMENDMENT (hereafter Amendment) is made and entered into this 16th day of September, 2015, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereinafter "County", "Lessor" or "Owner"), and Conch Flyer Concessions, LLC., a Florida limited liability company, whose address is 201 Alhambra Circle, Ste. 702, Coral Gables, FL 33134 (hereinafter "Tenant" or "Lessee"). WHEREAS, on the 18th day of April 1983, the County entered in to a lease (hereinafter Original Lease) with the Lessee's predecessors in interest; and WHEREAS, the County and the Lessee's predecessors in interest entered into Lease amendments dated May 4, 1984, October 7, 1992, April 8, 1998, December 17, 2003, May 19, 2004 and April 19, 2006 and a lease assignment dated January 23, 1985 (the original lease and all amendments thereto referred herein collectively as the "Lease"); and WHEREAS, Lessee's predecessor in interest transferred all rights, title, interest and obligations to the leasehold by means of a Consent To Assignment Of Lease to Lessee dated April, 16, 2014; and WHEREAS,Lessee and Lessor entered into a lease amendment dated April 16, 2014; and WHEREAS, Lessor has space available for lease adjacent to Lessee's current leasehold; and WHEREAS,Lessee desires to lease the additional space; now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: SECTION 1. ARTICLE I PREMISES, subparagraph A.1 of the original lease is amended to read as follows: A. 1 Lessor hereby leases to Lessee, retail spaces 216, 219, 221, 221A and 221B located within the passenger ticketing terminal as shown on Exhibit A dated June 25, 2015, retail spaces 124, 125,126, 127, 143, 144 and 144A located within the secure passenger departure area at Key West International Airport as shown in Exhibit B dated June 25, 2015 and retail spaces 100-B and 105 within the baggage claim area at Key West International Airport as shown in Exhibit C dated June 25, 2015 (collectively the "Retail Spaces"). Said lease of the Retail Spaces to run concurrently with the Lease. • • SECTION 2. Article III — RENTAL CHARGES, subparagraph A.1(a) of the original lease is amended to read as follows: (a) Lessee agrees to pay 10% of gross proceeds or receipts of Lessee's restaurant and retail sales each month but no less than a guaranteed $6,000 per month plus tax. Lessee agrees to pay Lessor 80% of any revenue derived from subleasing any portion of Lessee's premises. Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Upon the failure of Lessee to pay any installments when due, the COUNTY will be entitled to charge and collect, and Lessee will be obligated to pay, a late fee of two percent(2%) of any such amount, if paid within thirty(30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the County of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by Lessee under the terms of this lease. The County, at its option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to Article III subparagraph G of this lease. In the event that any check, draft, or negotiable instrument by which Lessee has tendered any rent payment is returned to the County and not honored, whether for insufficient funds or other reason, the County will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the County of the rental payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The County, at its option, however, may refuse any proffered rental installment and applicable late fees and penalties, declare a default, and proceed according to Article III subparagraph G of this lease. Except as set forth in Sections one and two of this Amendment To Lease Agreement, in all other respects, the original agreement dated April 18, 1993, the lease amendments dated May 4, 1984, October 7, 1992, April 8, 1998, December 17, 2003, May 19, 2004, April 19, 2006, April 16, 2014 and the lease assignments dated January 23, 1985 and April 16, 2014 not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 2 t .. • IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in duplicate by its duly authorized representative. t`lVI . BOARD OF COUNTY COMMISSIONERS '��Tii �� HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA �",,: 7...., �.� Arr A 4-k ces,° - a` __.- &} 4irlf ,�D I.' SC'l s. By _ os►��fluty Clerk Mayor Danny Kolhage (CORPORATE SEAL) ATTEST: CONCH FLYER CONCESSIONS LLC, a Florida Limite Liability Company % By aThr) By Ar Witness o Al i, Managing Director Date ?-4.16- 1111 ,y,\ PEDRO `I r`' ATTORN ,y 1\ ASSISTANT CO trl 15 7 N CD or. 0 rn (z)c" � t7 rx c, r--C _-,, cu7 • Sublease- Best of Key West(Lessee)with Master Concessionair(Lessor) 1) Lease/Sublease term will be for one (1)year commencing no later than 90 days after the lease/sublease is signed by all parties and approved by airport authorities. 2) There are no automatic or guaranteed renewals of the lease/sublease. a. Best of Key West recognizes the Master Concessionair makes no representation as to the likelihood of any future renewals of the lease/sublease. b. All renewals granted will be for a one (1)year terms with the same clauses. c. Rent will be$1,500 per month for the first year's lease. d. Rent adjustment would be reviewed upon each renewal and based largely on enplanements. e. All renewals must be requested in writing no later than 90 days prior to the lease/sublease expiration date. f. Master Concessionair will inform Best of Key West no later than 60 days prior to expiration date its intent to renew or terminate the lease/sublease. i. If no renewal of lease/sublease is granted, Best of Key West must vacate the space by lease/sublease expiration date. g. Lease/Sublease and any renewals granted will be subject to airport authority approval. 3) The Best of Key West will be subject to all the conditions in the master lease between Key West International Airport and Master Concessionair. a. This pertains but not limited to all insurance, badge,security,TSA, design and operational issues. 4) Hours of Operation a. Best of Key West must remain open for operation when Last Call is open for operation. Currently from 6:00 AM to 7:45 PM. Hours of Operation are subject to change given flight schedule changes to conform with Airport guidelines. 5) Design a. Best of Key West must present to Master Concessionair the intended design for approval. b. Key West International Airport must also approve.design. c. Best of Key West must have the ability to secure its own merchandise and other assets. d. No additional support space is being provided. 6) Merchandise a. Best of Key West must present to Master Concessionair all merchandise it intends to sell for approval b. Additional approvals from Key West International Airport may also be necessary. c. Best of Key West understands that it must be respectful of all fellow tenants. 7) Breech a. It is understoodthat material breeches can result in termination of said lease/sublease. These would include but not limited to: i. Hours of Operation ii. Merchandise iii. Space maintenance and repair iv. Financial Obligations v. Airport Obligations r'!'I ■ !it .XXX (XXXXXXXXXXX XXXXXXXXXXXX)d VXXXXXXXXXXXXXX 46' / V 60 X CLEAR I I j'.LLEAR\X X X ��/II II in II II�II �� _ X ® \• X X ® X X X X ® ® X X r ® ti•. X x X X X ® L60' EA ® 46' - SEATING TOTAL X CLEAR CLEAR x . ® ® BAR SEATING 23 X C ® x X X r- ® X x I� X X r-- ® X x X / � �� - - - - � II/IIX X X is x x / / X X X X X x X x X �‘, X X l X I i-K______,_,, / X X K.--1 X x I III �P , X EXHIBIT A 6 -25 -2015 _ -.- - -.- _- .. -. -� -- - �� fli REST. OFFICE =NM MB= OE Ell Izz,sl _ ,... ..- .... ,... mom Nem ,,--- E-1,c,- ,R.�.hT an -- 221 l :u MEM MN - 1111 MN i - \1 J ' _ y BAR Izz,a I I I Fi '---- q ❑ • am= GIFT SHOE -11 ] r „/"., " II — �� ® O FFICE KITCHEN �L , , i 7191 —F – - 1 ELEV. RESTAURANT MACH. RY. LDSET W VESTIBULE I2,s� � 7 GIFT '=H'l OFFICE kETP-IL j ---- ,/ �:D 17181 , 1 rY ..J .„, PUBLIC SPACE PUBLIC SPACE t– ile MI ELEV. 2 ELEV. 1 ❑� n = .. 1 � ti� � EXHIBIT B 6 -25 -2015 0 BIM )70 XI ohm — MI ° as moo rn t'l 01 WO 111111 OHM ) MI En WM DM ❑ NM D vi m ii _m - m 1 - l ❑ ❑ L 2J o n W � ra s -I ■ 11/111 1 \ n — r _ m Q ❑ I w r m v A — ;T) , I I m rn m VI ❑ i / —i '-1 A A tei - h f I _ 4 _ — rn • ,- o • X. x J. x C 2 c) El C) _ g . , n 0 EXHIBIT C 6 -25 -2015 . N.. , is 7...-- ■ : / > . C, ; •� T rn ! ii < „ i i, 1___ , > i e . r l k) : ,,, _ . „__,, , ., , ii . , n ____,..... ...... r �� ( II' L - - - - ETI . l i • o !RI-- __. 1 A I Bp ` ' li • r i, I P■ ' - --- GJ tit y rte 3 " 1 1 _\I- _ B99 II III III NM ' --Tj 1 • ,