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HomeMy WebLinkAbout7th Amendment 10/21/2020 - `11,, a °w 11, Kevin Madok, CPA PIC ..... Clerk of the Circuit Court&Comptroller—Monroe County, Florida - DATE: October 26, 2020 TO: Beth Leto,Airports Business Manager FROM: Pamela G. Hanco,'C. SUBJECT: October 21"BOCC Meeting Attached is an electronic copy of each of the following items for your handling: C35 Purchase Service Order 11-EYW widr Ricondo&Associates, Inc., in die amount of$119,000.00. Ricondo&Associates, Inc. in collaboration with Newton&Associates, Inc. will be assisting in the development of a feasibility report in conjunction with the anticipated issuance of Series 2022 General Airport Revenue Bonds for die new Concourse A program at the Key West International Airport. C44 7th Amendment to the Conch Flyer Concessions LLC lease agreement at the Key West International Airport to add a section to die lease regarding cooperation during airport development activities. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDENT TO LEASE AGREEMENT CONCH FLYER CONCESSIONS,LLC. THIS AMENDMENT (hereafter Amendment) is made and entered into this 21st day of October, 2020, 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 181h day of April 1983, the County entered into 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 lease amendments dated April 16, 2014 and September 16, 2015; and WHEREAS,Lessor is planning to renovate and expand the departure/arrivals terminal; and WHEREAS, the renovation and expansion will require relocation of the Lessee's retail spaces located in the main terminal and the secure passenger departure area; 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. Cooperation with Airport Development Activities. Lessee acknowledges and consents to the disruption of its business during the construction, renovation and expansion of the departure/arrivals terminal. Lessee agrees to make no claim against Lessor for such disruption or any claim based on lost profits, lost business or any similar claim during the period of construction, renovation and expansion. Lessee agrees to work cooperatively and in good faith with the Lessor, and, in exchange, Lessee shall have the right to replacement space in the redeveloped departure/arrivals terminal as determined in coordination with the Director of Airports. SECTION 2. Except as set forth in Section 1 of this Amendment To Lease Agreement, in all other respects, the original agreement dated April 18, 1983, 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, September 16, 2015 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. IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in h �.��"'_ e by its duly authorized representative. A �C� BOARD OF COUNTY COMMISSIONERS its KEVIN MADOK, CLERK OF MONROE CO TY, FLORIDA By As Dgputy Clerk Mayor eath arruthers Date 6kL <Att Id zQ (CORPORATE SEAL) ATTEST: CONCH FLYER CONCESSIONS LLC, a Florida Limited Liability Company �l By By Ill' Witness Date William Alberni Name: Peter Au :ro Jr. Title: CEO NROE ATTORNEY A(7PROV < FORM P ATIDRNE/ Date 10/6/20 0 'r1 s 5„ ti c; - - c F N N O 2 MASTECD$ A�d CERTIFICATE OF LIABILITY INSURANCE DATE commEIiTVI 226/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerdllcats holder Is an ADDITIONAL INSURED,the pollcylinl must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WAIVED,sub(aa to the terms and condition of the policy,cerlain policies may req ulre an endorsement A slatsmant on this certificate does not confer rights to the certificate holder In Neu of such endonament(s). , MExICEA Nora Claudia Ramos Commordel Lines-(305)4434666 PMONE ta Feu 766.765.1153 Goodie!.Ri 305426M1017 USI Insurance Servkn LLC ACCRUE doodle ramw®uei.com 2601 South Baymbara dive,Suite 1600 NsuRURI AsFORMcGOWMAGE SINGE Coconut Grove,FL 33133 INsuRERAr Hartford Fire Insurance Company 19692 Moulin POURERS: Trumbull Insurar(,,Calpany 27120 _ Master Cances&onalr,LLC mums r Hartford Casualty insurance Company 29424 5727 NW ith Slreel SulleH97 NWEBR o: man: Miami FL 33126 NsuRERr I COVERAGES CERTIFICATE NUMBER: 14840457 REVISION NUMBER:Su below 111I61S TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDCATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIES CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIO CLAMS. Lot Tow or INSURANCE IANen%ND MLMx'r Rs6M I Wain, I�mi Levis X CONNERGIALGDWLLMMnY FACHOCCYRREHCF S 1.Yn.WI A X 21 UUN DE7236 3/1/2020 3112021 GNMGETGREWED CLAMS-MADE nOCCUR pEERNIf —.a1 I AP GEMENT MEG no(Any ore parson, 5 __ 10.000 — PERSONAL A M MOW I m ffMGENERALNS L000.0 AGGREGATE LLuoT APPLES PER W `� GENERAL AGGREGATE 1 2.000 ow — �11I PCIICY L.J JECI LJ IOC PRODuCTS.COWf0P AGO 1 Ia0,LM 1 WIER; S e AIITCMOaL[LuaMry X 21 UEN DE7216 3/12020 3/1/2021 I as yL°evl'DLE LaIIi 5 l.030.000 x- ANY AVID easy frouRY Marowstel IS — OMIEO OCHE ILEO BGmLV KART per m461551S - AUTOS ONLY _ AUTOS R FIRED x NON-OWNED PqR�WERTYyP�UANE i 5 AMMONIA' Auros ONLY Jy�'Adl Is C x WWBRELLALIAB x OCCUR 21 RHU DE6191 3/1/2020 3/1/2021 EACHOCCUARENCE I$ 100:0.000 !Notes UM CLANS—Ma AGGREGATE CI S IGDa.E° DED i x IRETEWIONi E'DN p I5 WORKERS COMPENSATNM SiPTVtE J I ETH- AMDUIPLOYERSIYaNTV Y/N AMPRDPRIETa4PM11ENEK(OWIVE E EACH ACCIDENT I5 OFFICERMELBFREKCLUDEO> n L NIA pLoachamy is RBI E L.DISEASE-EAEMROYEE5 R S aE.0 ., pkaprTKNOF OPERATIVIS too. EL DISEASE-PGLICYLBR I S A Liquor LiabBty I UUN 0E/238 3N12020 31012021 I Each 0 unanu 51.003.030 APlapsle 32GW OV. 1 DESLMnbN OFoflntmr61LOCAPMBIVBNCLE5(ACORO 101.Ad0104,Y Rwn.r•.1.511•duleourf ea beached limn spec N•g'.C) • The Mowing are additional Insured. MIAMI-DADE COUNTY.FLORIDA NMI DADE AVIATION DEPARTMENT WESTFIELD AIRPORT,LLC, a Delaware United UaMMy Corporation WESTFIELD DEVELOPMENT,INC.,a Delaware corporation WESTFIELD,LLC.a Delaware Limited LIabIly Corporation CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton$heel THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. Room 266 Key Weal,FL 33040 NTTwNZEOUPAnENTA1IW The ACORD name and logo are registered marks of ACORD ©1986-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016/03) Client Code MASTECONB SID.14040457 Additional Remarks Schedule (Continued from Page 1) Location 3493 South Roosevelt Blvd Key West,FL 33040.Key West blema0onel AkporVfhe McCoy Terminal/KW Intema0onal Terminal/Mint Lounge Monroe County Board of County Commissioners are Additional Insured In respects to the General end Auto liabikty es per written contract Additional Remarks Schedule-Cont A� CERTIFICATE OF LIABILITY INSURANCE DATE'M VDOOYY ' 9/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,Subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen(s). PRODUCER CONTACT XAME: Morris 8 Reynolds Inc. PHONE _ - -- 14821 South Dixie Highway Ew�LAINLa.MI'305-238-1000 I INC,No):305-255-9643 Miami FL 33176 ADDRESS: INSURERIS)AFFORDING COVERAGE NAILS INSURER A:Everest National Insurance Co. 10120 INSURED ROFLPo WR INSURER B: Master Concessionair LLC dba Worldwide Concessions Post Office Box 260190 INSURER C'. Miami FL 33126-0190 INSURER D;_ INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER:402537391 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER r POLICY EFF POLICY ExP LTR TYPE OF INSURANCE INS° WVD POLICY NUMBER IIMMODMYYI IMMNDY'VYYI LIJIIS COMMERCIAL GENERAL LIABILITY 1 I EACH OCCURRENCE -- -' DAMAGE TO RENTED -- CLAIMS-MADE iOCGUR I PREMISES(ES occurrence) I MED EXP(Any one person) I__ PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE POLICY I °E° I LOC sx B+T PRODUCTS-COMP/OP AGO OTHER V AUTOMOBILE LIABILITY e1 COMBINED SINGLE LIMn 9/29/2020 eaef� L ANY AUTO DM, BODILY INJURY{Per person) OWNED - -- SCHEDULED l --- AUTOS ONLY ;AUTOS 1Ae 1.eYFy1 � Iwp. BODILY INJURY Per etudes° HIRED NONOWNED ^ \ PROPERTY DAMAGE I AUTOS ONLY 'AUTOS ONLY (Per accident) UMBRELLA LAB 'OCCUR EACH OCCURRENCE _ EXCESS LIAR CLAIMS-MADE I AGGREGATE DED RETENTIONS A WORKERS COMPENSATION SW3WC00037201 9/10/2020 9/10/2021 X OT STATUTE RH. AND EMPLOYERS'LIABILITY Y/X ANYPROPRIETOR/PARTNERlEXECUTIVE E L.EACH ACCIDENT 1,000000 OFFICER/MEMBER EXCLUDED? N NIA I /MandatoryInNH) I I EL.DISEASE-EA EMPLOYEE 1.000.000 /yes,descabe under I I DESCRIPTION OF OPERATIONS loeIow I E.L.DISEASE.POLICY LIMIT 1,000,000 • DESCRIPTOR OF OPERATIONS I LOCATORS I VEHICLES(AGGRO 101,Addlaonel Remarks Schedule,may be attached Ifmore space Is required) Conch Flyer Concessions,LLC @ 3495 S.Roosevelt Blvd.,Key West,FL 33040 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Monroe County BOCC Ins Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 100085-FX Duluth GA 30096 AUTHORIZED EPREgEMTAINE USA /.1�e/%%- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD