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1st Amendment 02/17/2021 °::;St• Kevin Madok, CPA 1/4 . .o.. Clerk of the Circuit Court&Comptroller—Monroe County, Florida n DATE: February 23, 2021 TO: Beth Leto, Airports Business Manager, KWIA� FROM: Pamela G. llama. SUBJECT': February 17th BOCC Meeting Attached is an electronic copy of the following item for your handling: J2 1st Amendment to Airport Operating Agreement with Lyfi, Inc., to operate its transportation network business at the Key West International Airport through June 30, 2022;as approved by the Board on January 20, 2021,to include Exhibit A and correcting the title of Lyfl's authorized signatory. The amendment includes incremental increases in the per trip fee to be paid to the Airport. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Fin:urce 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 FIRST AMENDMENT -AIRPORT OPERATING AGREEMENT MONROE COUNTY LYFT, INC. 17th THIS FIRST AMENDMENT TO THE AIRPORT OPERATING AGREEMENT (the "Agreement") is hereby made and entered into on 14h day of February 2021 Augu�st _20, 0 by and between Lyft, Inc., ("Operator"), and Monroe County ("County"). Operator and County are sometimes hereinafter referred to individual as a "Party" or collectively as the "Parties". WHEREAS, on the 17' day of November, 2017, the parties entered into an Airport Operating Agreement (hereafter, "Original Agreement") at the Key West International Airport(the "Airport")with a commencement date July 17, 2017; and WHEREAS, the term of the original agreement was for a period of 3 years; and WHEREAS, the Airport Operating Agreement has been mutually beneficial to both parties; NOW, THEREFORE, in consideration of the promises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Section 1. Paragraph 2 of the original agreement is amended to read: 2. TERM; COMMENCEMENT DATE; TERMINATION 2.1. Term. This Agreement shall be effective on the Commencement Date and shall be in effect for a period of 2 years thereafter. 2.2. Commencement Date. The "commencement date" shall be deemed to be July 17, 2020. Section 2. Sub-paragraph 1.6 of the original agreement is amended to read: 1.6. Geo-Fence. Operator shall establish a Geo-Fence with the boundaries depicted in Exhibit A and shall notify affiliated Drivers about the geo-fence boundaries. The Geo-Fence exists to ensure the efficient flow of vehicles through the Airport pick up and drop off areas. Operator shall not permit affiliated Drivers to accept a new Trip to pick up passengers when the Driver, or Vehicle, is located inside of the Geo-Fence, unless otherwise approved by County. Section 3. Paragraph 4 of the original agreement is amended to read: 4. FEES AND REPORTING 4.1. Defined Terms. As used in this Agreement, the following capitalized terms 1 shall have the following meanings: (a) "Trip- means; i) each instance in which a Driver affiliated with an Operator enters Airport property and makes one or more stops to pick up one or more passengers on Airport property. (b) "Per Trip Fee" means a fee of$3.00 for each Trip. 3 a _i 0 T i) On January 1,2021, the Per Trip Fee will increase to $3.2k mal ii)On January 1, 2022, the Per Trip Fee will increase to $3.50-- co (c) "Monthly Fee" means the product of the following: (i)the number of Trips3 o conducted by the Operator's Vehicles in one calendar month,and (ii) the Per Ti Fee then in effect UT Section 4. Except as set forth in Section I, Section 2 and Section 3 of this First Amendment to the Airport Operating Agreement, in all other respects, the terms and conditions of the Original Agreement remain in full force and effect. it ! WITNESS WHEREOF, the Parties have caused their respective duly icy C. err e b 's•resentatives to execute this Agreement on the date first written above. Sa \�' .< BOARD OF COUN MISSIONERS \\ , a VIN MADOK, CLERK OF MA U TY, FjrQ By; i ! . By As Deputy Clerk Mayor/Chairman WITNESS < � � LYFT, INC. — }/-� By: By: ✓ Printed: Printed: Miranda Scott Title: Title: Director. Airport Business Development NROE ATTORNEY -Cr FORM �n Cs P ASSI NTY ATTORNEY Date 1/5/21 2 Blue Curb/ IT A Passenger Wk Pickup Area I�T law 77 NOW- r kr ,ry --a._� • bellow Geo-Fence Perimeter