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2nd Renewal 06/20/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 29, 2012 TO: Peter Horton, Director of Airports Attn: April Pearson FROM: Pamela G. HancotC. At the June 20, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item C5 Lease renewal agreement for retail rental space with Keren Adlen and Dani Tobaly, dba Jet Lag Accessories, LLC, at the Key West International Airport. Item C37 Task Order No. 12 -14 -01 with Jacobs Project Management Co. for DBE support services for the DBE Implementation Plan at the Key West International Airport and the Florida Keys Marathon Airport. Enclosed is a duplicate original of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney w/o documents Finance File ✓ LEASE RENEWAL AGREEMENT JET LAG KEY WEST INTERNATIONAL AIRPORT This Agreement is made and entered into on the 20th day of June, 2012, 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 Keren Adlen and Dani Tobaly, DBA JET LAG ACCESSORIES, LLC., hereinafter referred to as "Lessee" or "Tenant" whose address is 423B Duval Street, Key West, Florida 33040. WHEREAS, on the 18th day of July, 2010, the parties 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, 2011; and WHEREAS, the original agreement was amended on August 17, 2011 for one additional year, beginning on August 1, 2011 and ending on July 31, 2012; but the parties desire to renew the original agreement an additional 1 year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 2(a) of the original agreement is amended to read: 2(a) TERM. This agreement will take effect on the 1 day of August 2012, and will terminate on the 31 day of July, 2013, 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 $1,022.81 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 $17,000 plus sales tax, whichever is greater, generated by Lessee's operations at retail concession space 217. Rental payments are due by the 1 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 1 through December 31 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 plus sales tax ($1,522.91) on an arrears basis. Payment shall be made no later than the 25 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 duly authorized 'r representative. i . (SEAL) , °' c ' - BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY . KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA Mayor /C an ' N �t3 ATTEST• / LESSEE'S: A .73 By J J l O 0 0 WP f er n Adlen r ' v Title: 4 , .. IL_ ' /a ineiti'f ' ' ' Dani Tobaly .� NEY MON, - . E OUNTY A - p; �V AST• % c R CADO ri PEDRO J , . - ■ .a R c Date c a --t • -*1 r