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1st Renewal 05/21/2014AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER IIIIONW COUNTY, FLORIDA DATE: June 17, 2014 TO: Peter Horton, Director of Airports ATTN. • Judy Layne, Senior Coordinator Airport Grants and Finance FROM. • Lindsey Ballard, D. CVf At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Items: Item C4 Approval of an amendment to the Jet Lag Accessories, LLC lease. Item C6 Ratification of the Consent to Assignment of Lease from Conch Flyer, Inc. to Conch Flyer Concessions, LLC with the exhibits to the document now attached. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File ✓ 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax. 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 LEASE RENEWAL AGREEMENT JET LAG KEY WEST INTERNATIONAL AIRPORT This Agreement is made and entered into on the 21st day of May, 2014, 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 Susan Wallace, DBA JET LAG KW, LLC., hereinafter referred to as "Lessee" or "Tenant" whose address is 3493 South Roosevelt Blvd. STE # 8 Key West, FL 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. 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, 2010 and; and WHEREAS, the original agreement was amended and renewed on August 17, 2011 for one additional year; and WHEREAS, the original agreement was again renewed for one year on June 21, 2012 and on May 15, 2013; WHEREAS, on 20 day of March 2014 Jet lag Accessories, LLC., was purchased by Susan Wallace DBA Jet Lag KW LLC., and, prior to the sale, the former owner requested that the lease be renewed one more year; and WHEREAS, the parties have found the original agreement to be mutually beneficial; 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 1St day of August 2014, and will terminate on the 31 day of July, 2015, 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 $1,324.40 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 $20,892.72 plus sales tax, whichever is greater, generated by Lessee's operations at retail concession space 217. r Rental payments are due by 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 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 st 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 ($1741.06) 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 representative. HEAVILIN, CLERK AW IVAV!l.iN, f,`,t,ERK BOARD OF COUNTY COMMISSIONERS OF MON E C TY, FLORIDA ayo ylvia Murphy LESSEE: Susan Wallace ANGELICA SWEETING E 4 = Notary Public - Stale of Florida • " My Comm. Expirer Aug 23, 2016 CommiwiN I EE $29601 Soeded TWO* National Notary Assn.