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Item C4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2014 Bulk Item: Yes XX No Division: Airports Staff Contact Person: Peter Horton AGENDA ITEM WORDING: Approval of an amendment to the Jet Lag Accessories, LLC lease. ITEM BACKGROUND: Alexandria Eaton Pierobon, sold her business on March 20, 2014 to Susan Wallace and the new business entity will be known as Jet Lag KW, LLC. The lease is being amended to reflect the new business name, update the contact information and to grant the new leaseholder, Ms. Wallace, a one year renewal in exchange for an increase in the monthly rent and the guaranteed minimum payment. PREVIOUS RELEVANT BOCC ACTION: Approved the original lease and lease renewals dated August 17, 2011, June 21. 2012 and on May 15, 2013. CONTRACT/AGREEMENT CHANGES: Changes the business name from Jet Lag Accessories, LLC., to Jet Lag KW, LLC., updates the contact information and updates the rental fees to reflect the agreed to increases. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes XX No COST TO COUNTY: 0 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH .40 plus �5% of gross revenue YEAR r'4) APPROVED BY: County Arty OMW/Purcq�aaing _�4 Risk Management DOCUMENTATION: Incild XX Not Required DISPOSITION: AGENDA ITEM # ONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Susan Wallace dba Effective Date: August 1, 2014 Jet Lag KW, LLC Expiration Date: July 31, 2015 Contract Purpose/Description: Rental Space at the Key West International Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: May 21, 2014 Total Dollar Value of Contract: $36,785.52 Budgeted? Grant: County Match: NA Estimated Ongoing Costs: {not included in dollar value above enda Deadline: May 6, 2014 CONTRACT COSTS Current Year Portion: $6,130.92 Account Codes: 404- ADDITIONAL COSTS For: . (eg, maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director 4/2 /-¢ ( ) (74, i Nt¢C Ho n Risk Management //� ( ) (�) i , _ -fill I ce/ ��,, O.M.B./Purchasing d /Aj� ( ) (X/) e t ATOW / d/I County Attorney / ( ) or O '/2� //C/ Co my Attorney Comments: LEASE RENEWAL AGREEMENT EEMENT JET LAG Z' 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, IBA JET LAG KW, LLC., hereinafter referred to as "Lessee" or "Tenant" whose address is 3493 South Roosevelt Blvd. STE # 8 Ivey West, FL 33040. WHEREAS, on the 1 8th 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 201h 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: Paragraph 2(a) of the original agreement is amended to read- 2(a) TERM. This agreement will take effect on the I" 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. Rental payments are due by the I" 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 I" through December 3 1 " 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 1h 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 duty authorized representative. (SEAL) ATTEST: A HEAVILIN, CLERK WrrNESSES: if BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia Murphy LESSEE: Susan Wallace b41-14 Iq -AA&- 6 0 ANGELIGA SWEETING N ata'y PubSc _ State 0, 1 coary Peak - State of Flork!