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Item C23BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date- June 11, 2014 Division: County Attorney Bulk Item- Yes XX No Staff Contact Person: Peter Horton/Pedro Mercado AGENDA ITEM WORDING: Approval a verbal month to month holdover lease with Greyhound. ITEM BACKGROUND: On May 2, 2013 Greyhound entered into a one year lease extension for the office space it occupies at the Key West International Airport That lease extension expired on May 1, 2014 and Greyhound has become a hold over tenant. Airport staff has not and did not enter into negotiations for renewal of the lease because it is anticipated that the office space currently being used by Greyhound will be assigned to the Customs and Border Protection (CBM agency as part of their office renovations. Those renovations have been delayed while the airport awaits approval of the renovation plans from the CBP. In the meantime the airport can continue to allow Greyhound to use the office space it has been occupying. The airport will need to relocate Greyhound once the plans have been approved and renovations begin although they will likely be relocated prior to the CBP approval. In the meantime, staff is seeking approval to maintain the status quo until the new Greyhound office site is identified and a new rental rate agreed upon. PREVIOUS RELEVANT BOCC ACTION: Entered into original 5year lease on May 1, 1998, extended the lease for an additional 5 years on January 15, 2003, extended for an additional 5 years on November 19, 2008, extended for one additional year on May 15, 2013. CONTRACT/AGREEMENT CHANGES: Maintains the current terms. STAFF RECOMMENDATIONS: Approve TOTAL COST: BUDGETED: Yes No COST TO COUNTY:$ SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No — MOUR ANT PEMONTH$2,,621.48 Year$31,457.70 RO APPVED BY: County Arty Zn OMB/ Purchasing — Risk Management DOCUMENTATION: Included XX Not Required — DISPOSITION: AGENDA ITEM # THIRD LEASE EXTENSION AGREEMENT Key West International Airport Greyhound Lines, Inc. THIS LEASE EXTENSION AGREEMENT is made and entered into this 15th day of May, 2013, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Key West International Airport, 3491 South Roosevelt Boulevard, Key West, FL 33040, hereafter "COUNTY" or "LESSOR", and GREYHOUHD LINES, INC., a Delaware Corporation, whose address is 305 N. Paul Street, Real Estate Department, Dallas, Texas, 75201, hereinafter "TENANT" or "LESSEE". The parties agree as follows: WHEREAS, on the 13"' day of May 1998, the parties entered into a Lease Agreement for lease of space in a building adjacent to the Key West International Airport, hereafter original lease. A copy of the original lease is attached to this renewal agreement and made a part of it; and WHEREAS, the terry of the original lease was for a period of 5 years ending on May 1, 2003: and WHEREAS, on the 15"' of January 2003, the parties agreed to extend the term of the original lease by a terns of 5 years commencing May Slid, 2003 and terminating May I't 2009; and, WHEREAS, on the 19"' of November 2008, the parties agreed to extend the term of the original lease by a teen of 5 years commencing May 2nd, 2008 and terminating May 1" 2013, and, WHEREAS, the parties desire to extend the terra of the original lease by one additional year with an option to renew for an additional year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the pal -ties agree as follows: Paragraph 13 of the original agreement is arnended to read: 1.3 Ten - n. This lease is for a terni of one (1) year, commencing on May 2, 2013 and rm teinating on May 1, 2014 unless terminated earlier under another paragraph of this agreement. LESSEE shall have the option, upon providing LESSOR written notice 90 days in advance of the expiration of the lease terra, to renew this agreement for one (1) additional year. Paragraph 1.5 of the original agreement is amended to read: 1.5 Base Rent. The rent for the premises is $31,457.70 per annurn - S2,621.48 plus 7.50'a applicable sales tax per month, payable in advance on or before the first day of each month. Paragraph I I is amended to read: 11, Utilities. Tenant shall pay directly to LESSOR the sum of $407,04 monthly for electricity, water, and sewer. Tenant shall contract directly with the provider for any additional utilities or services. 4. Except as provided in para6n-aph one, two, and of this renewal agreement all the tenos and conditions of the original lease as amended remain in full force and effect. IN WITNESS WHEREOF, the pat -ties have set their hands and seal the day and year first above written. (SEAL) ATTEST: AMY HEAVILIN, CLERK xxxxepui 6Cer BOARD OF COUNTY COMMISSIONERS OF' FLORIDA B Mayor George Neugent WITNESSES: GREYHOUND LINES, INC. Name - Title- Title: Name: Title: C- C= CD Poi C-a 70 M r4 C) Originally approved at May 15, 2013 BOCC meeting - Ratified at June 19, 2013 SOSO meeting to include a copy of the original Lease K