1st Amendment 02/21/2018Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: March 7, 2018
TO: Beth Leto, Airports
Business Manager
FROM: Pamela G. HancoC.
SUBJECT: February 21"BOCC Meeting
Attached are electronic copies of die following items for your handling:
C13 Second Amendment to Contract with Cliffhanger Janitorial, Inc., for janitorial services at
Key West International Airport, renewing the agreement for one (1) year and increasing annual contract
amount from $403,294.92/year to $411,764.11/year for annual CPI adjustment of 2.1 %.
C14 First Amendment to Lease Agreement with Susan Wallace d/b/a Jet Lag, KW, LLC, to
clarify language in the lease regarding annual rent adjustments for their gift shop space at the Key West
International Airport.
C15 First Amendment to the Master Agreement for Professional Services with Jacobs Project
Management Co. for General Consulting Services for both Monroe County Airports, adding certain
federal contract provisions to the master agreement.
C16 Change Orders 8, 9, 10, 11, 12 and 13 with OAC Action Construction Corp., increasing
contract time by 84 days and contract sum by $111,193.37 for the Key West International Airport
Customs Facility Phase 11 project, funded by FDOT grant (50%) and Fund 404 Operating (50%).
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 305-289-6027 305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
FIRST AMENDMENT TO LEASE AGREEMENT
JET LAG
KEY WEST INTERNATIONAL AIRPORT
THIS FIRST AMENDMENT TO LEASE AGREEMENT is hereafter made and entered
into this 21st day of February, 2018, by and between Monroe County, a political subdivision of
the State of Florida, (hereafter "County" or "Lessor"), whose address is 1100 Simonton Street,
Key West, Florida, 33040 and Susan Wallace d/b/a JET LAG KW, LLC (hereafter "Tenant"
or "Lessee"), whose address is 3493 South Roosevelt Blvd., STE #8, Key West, Florida 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; and
WHEREAS, the term of the original agreement ended on July 31, 2010 and was renewed
by Lessee's predecessor in interest through July 31, 2014; and
WHEREAS, on March 20, 2014, Jet Lag Accessories, LLC. was purchased by Susan
Wallace d/b/a Jet Lag KW, LLC, and prior to the sale, the former owner requested that the
lease be renewed for one more year;
WHEREAS, on July 15, 2015, the parties entered into a Lease Renewal Agreement for
retail concession space 217 at the Key West International Airport; and
WHEREAS, the parties wish to amend Section 3 of the original agreement to clarify the
procedure for annual rent adjustments that occur on the renewal date each year;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree to amend the original agreement as follows:
Section 1. Paragraph 3 of the original agreement is amended to read as follows:
3. Rentals and Fee
(a) i. Effective August 1, 2017, Lessee agrees to pay Lessor rent in the amount of
$1,372.57 per month plus sales tax, including electricity and garbage, for retail concession
space 217.
ii. In addition to the rent, Lessee agrees to pay Lessor 10% 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 on 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 changed in
the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months
available. The increase will. take effect on the anniversary month of the month when the
operation opened for business. Should the term , of the renewal agreement be extended, the
then current rental rate will be adjusted by CPI-U or the then current airlines rates and charges
terminal rental rate, whichever is greater. In the event of a deflationary CPI, no adjustment in
the rental rate will be made.
Annual gross revenues are determined on a calendar year basis. A calendar year shall
run from January 1st through December 31st inclusive. Payment of charges under this
subparagraph shall be made in monthly installments in arrears. Lessee shall remit, at a
minimum, 1/12 of the annual guaranteed minimum (1,741.06) on an arrears basis. Payment
shall be made no later than the 25`h 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. A corresponding copy of the Lessee's Florida Department of Revenue Use and Sales Tax
Report shall be remitted along with Lessee's monthly gross revenue payment.
Section 2. All other provisions of the original agreement dated July 18, 2010, not
inconsistent herewith, shall remain in full force and effect.
to be exPeute
I
(SEAL)
ATTEST: .K
rNESS WHEREOF, the parties have caused this First Amendment to Agreement
the day and year first written above.
MADOK, CLERK
By:
Deputy Clerk
ZZ
t/1 /L,
/ c I /t (Wit ess
This document was prepared and
Pedro J. ?16
lo ,
Florida B: 0084050
P.O. Box
Key West,FL 33041-1026
(305) 292-3470
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ))X
Mayor
JET LAG KW, LLC
By;
as to form by:
Attorney
Title
O
V
�n
$
co
G
M