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Item C44 BOARD OF COUNTY COMMSSIONERS County of Monroe f ma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 =E �j David Rice,District 4 `w'P•=w Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.44 Agenda Item Summary #7470 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 No AGENDA ITEM WORDING: Approval of an amendment to the Conch Flyer Concessions LLC lease agreement at the Key West International Airport to add a section to the lease regarding cooperation during airport development activities. ITEM BACKGROUND: Adds standard lease clause regarding cooperation with airport development. PREVIOUS RELEVANT BOCC ACTION: Original lease with Lessee's predecessors approved on April 18, 1983; lease assignment was approved on January 23, 1985, and amendments to lease were approved May 4, 1984, October 7, 1992, April 8, 1998, December 17, 2003, May 19, 2004, April 19, 2006. Consent to Lease assignment with current Lessee was approved on April 14, 2014, and the lease was amended on April 16, 2014 and September 16, 2015. CONTRACT/AGREEMENT CHANGES: adds clause regarding cooperation with airport development activities STAFF RECOMMENDATION: Approval. DOCUMENTATION: KWIA - Conch Flyer Concessions LLC -7th amendment 10.2020 FINANCIAL IMPACT: Effective Date: upon execution Expiration Date: January 22, 2030 Total Dollar Value of Contract: n/a Total Cost to County: Current Year Portion: Packet Pg. 1490 C.44 Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: yes Additional Details: n/a REVIEWED BY: Beth Leto Completed 10/06/2020 2:46 PM Richard Strickland Skipped 10/06/2020 2:43 PM Pedro Mercado Completed 10/06/2020 2:51 PM Purchasing Completed 10/06/2020 2:55 PM Budget and Finance Completed 10/06/2020 3:08 PM Maria Slavik Completed 10/06/2020 3:10 PM Liz Yongue Completed 10/06/2020 3:57 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 1491 C.44.a AMENDENT TO LEASE AGREEMENT CONCH FLYER CONCESSIONS, LLC. THIS AMENDMENT (hereafter Amendment) is made and entered into this 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", E "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 E "Lessee"). 21 WHEREAS, on the 18'h day of April 1983, the County entered into a lease (hereinafter Original Lease)with the Lessee's predecessors in interest; and 0 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 w Q amendments thereto referred herein collectively as the"Lease"); and N Ci 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, E 16, 2014; and E WHEREAS, Lessee and Lessor entered into lease amendments dated April 16, 2014 and September 16, 2015; and c� J J WHEREAS, Lessor is planning to renovate and expand the departure/arrivals terminal; and 0 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, 0 c� IN CONSIDERATION of the premises and of the mutual covenants and agreements herein 21 U- contained, and other valuable considerations, the parties agree as follows: r- 0 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, Ec 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, Packet Pg. 1492 C.44.a 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. E IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in duplicate by its duly authorized representative. E (SEAL) BOARD OF COUNTY COMMISSIONERS U. ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA r- a U r By By N Deputy Clerk Mayor Heather Carruthers >- Date N (CORPORATE SEAL) ATTEST: CONCH FLYER CONCESSIONS LLC, a E Florida Limited Liability Company E By Z By ll ' Witness l� Date William Alberni Name: PeterArnro Jr. a Title: CEO r- P E C LINTY Ft)FINEY o U U. PED b J. ASS6 UNTY ATTORNE1( D te 10/6/20 r E v 2 Packet Pg. 1493 C.44.a MASTECONB DATE tM bfYYYY' AC"R" CERTIFICATE OF LIABILITY INSURANCE 6i 2020 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTSUPON 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 INSURE (S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the olic (ies)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 endorsement(s). PRODUCER CONTACT ME. Claudia Ramos Commercial Lines-(305)443-486 PHONE 7B6.75.1153 F 305.428-00T 7 Arc N®. U31 Insurance Services LLC wD e . claudia ra os usi.co 2601 South Bayshore Drive,Suite 1600 INSURERiSJ AFFORDING COVERAGE NAIc Coconut Grove,FL 33133 INSU A: Hartford Fire Insurance Company 19682 cri INSURED INSURER B. Trumbull Insurance Company 27120 Master Concessionair,LLC INSURER c, Hartford Casualty Insurance Company 2942 727 NW 71h Street Sulte#97 INSURER D: O INSURER E Miami FL 33126 O INSURER F COVERAGES CERTIFICATE NUMBER. 14840457 REVISION NUMBER. See below ' THIS IS TO CERTIFY THAT THE POHE ES O INsu ANCE 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 LU ® _. ..b .. IL7 TYPE OF INSURANCE _ P Y EFF "ICYE%P '`_...... ..._. ............_.. ,H �, POLICY NUMBER MM/D YYY MMfDOfrYYY LIMITS r X I COMMERCIAL GENERAL LIABILITY l .EACH OCCURRENCE 5 1 A ¢ X , 21 UUN DE7238 31112020 311/2021 6 GETO MEti CLAIM&WIDE I OCCUR � FrRFnnOSFB��a rr arvalew� ���3 hl By APVEP� I MFOF%P(A� s + r s 14&a __.a ... _ I PERSONAL 6 V INJURY 5 1 GENL AGGREGATE L.IMITAPPLIESPER ON � IwENERAIAfaGIiEGATE 5 2= rJ p r r � � _ PtOUCY .....?SET ._....`L I I PRODUCTS COMPIOPAGG S 2 pBp ..w_ _.._._._.. „�,�, ..�„�... .... , 5.. B i AUTOMOBILE LIABILITY ' M 1N IN L OUT 5 1 cri fie_ X 21 UEN DE7216 31112020 3/112021 �� mt X ANY AUTO BODILY INJURY(Per Parson) S = OWNED SCHEDULED DOILY IN.it9RY(Per arxidaast) 6 I� X AUTOS ONLY , A49TC}B [ PsF'EF4'TYG._' C�E.,.... .,.....�„S r r .. d L'WNED { .� .w HIRED NON- AUTOS C'3NL.Y i i AUTOS ONLY `UMBRELLALIAB X OCCUR 21 RHU DE8191 31112020 311/2021 EACH _. s EXCESS LIAR AGGREGATE! % RETENTION$ lo'DOO WORKERS COMPENSATION ' I� PER OTH � ;AND EMPLOYERS'LIASILITY lu YIN N �.T ANYPROPRIETORIPARTNERRIXEu4 UTM IOFFICERtMEMBEREXCL.UDED? � N r A, �E L�CAre.H A (DENT S � O (Mandatory In HH) I L E L.I EA EMPLOYEF S () II de ibee under 9 ISEASE i ICb SCRIPT€ON OF O€E TI S betru `, A I E.L.DISEASE-POLICY UIM9T I S A Liquor Liability UUN DE7236 310112020 310112021 i Each Omurrence S1,T1p+oIvW I.L. Aggregate$2,.000, DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(ACORD 101,Additional Remarks schedule,may be attached if roam sgase is required) O The following are additional insured: r MIAMI-DADE COUNTY,FLORIDA MIAMI DADE AVIATION DEPARTMENT WESTFIELD AIRPORT,LLC, a Delaware Limited Liability Corporation WESTFIELD DEVELOPMENT,INC,,a Delaware corporation WESTFIELD,LLC,a Delaware Limited Liability Corporation CERTIFICATE HOLDER CANCELLATIONO Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Room 268 Key West,FL 33040 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD @ 1986-2015 ACORD CORPORATION, All righ is reserved ACORD 2 (201610 ) Packet Pg. 1494 C.44.a Client Code MASTECO146 SID 14840457 Additional Location 3493 South Roosevelt Blvd Keay West FL 33040-Keay West internatl ms '^trpo tees McCoy Te tnal}K 'Internallonal Terminal/Arrival Lounge Monroe County Board of County Commissioners are Addit anal Insured in respects to the General and Auto Liability as per written contract U r- 0 r N N 01 t� r J J cn r- 0 cn cn e) U r- 0 21 U r- 0 r U Additional Remarks Schedule-Can't Packet Pg. 1495 A CERTIFICATE OF LIABILITY INSURANCE DATE c 44.a 9/10/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: _ Morris& Reynolds Inc. a//C"N Ext: 305-238-1000 FAX No:305-255-9643 14821 South Dixie Highway MAIL Q) Miami FL 33176 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Everest National Insurance Co. 10120 INSURED WORLWID-02 INSURER B Master Concessionair LLC dba Worldwide Concessions Post Office Box 260190 INSURERC: Miami FL 33126-0190 INSURER D 7 INSURER E: U INSURER F: COVERAGES CERTIFICATE NUMBER:402537391 REVISION NUMBER: O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM 04 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY ,.. COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED hl CLAIMS-MADE1:1 OCCUR PREMISES Ea occurrence $ (®1 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: - GENERALAGGREGATE $ PRO- ddtt POLICY JECT1:1 LOC t^a � '- PRODUCTS-COMP/OPAGG $ OTHER: .. ...w. $ AUTOMOBILE LIABILITY `�... Q COMBINEDSINGLELIMIT $ 9/29/2020 Ea accident cri ANY AUTO ,. u ,,,,,�-o„ - ^�--°'� -^`—"� BODILY INJURY(Per person) $ OWNED SCHEDULED w BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED - PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ J UMBRELLA LIAB OCCUR EACH OCCURRENCE $ u} EXCESS LIAB CLAIMS-MADE AGGREGATE $ O DED RETENTION$ $ A WORKERS COMPENSATION SW3WC00037201 9/10/2020 9/10/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE � N/A E.L.EACH ACCIDENT $1,000,000 r_ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 U a O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Conch Flyer Concessions, LLC @ 3495 S. Roosevelt Blvd., Key West, FL 33040 r O CERTIFICATE HOLDER CANCELLATION cri SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County BOCC Ins Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 100085-FX Duluth GA 30096 AUTHORIZED REPRESENTATIVE USA #' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1496