Item C23BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 17, 2011
Division:
County Administrator
Bulk Item:
Yes
Department:
Airports
Staff Contact Person/Phone #: Peter Horton, 809-5200
AGENDA ITEM WORDING: Approval of a Renewal Agreement with Keren Adlen and Dani Tobaly,
DBA Jet Lag Accessories, LLC for retail space at the Key West International Airport.
ITEM BACKGROUND: The contract with Jet Lag included the option to renew the agreement for three
additional one-year periods. Both parties agreed to exercise the option to renew the lease.
PREVIOUS RELEVANT BOCC ACTION: July 21, 2010, Item C-18 — approval of original lease
agreement; August 18, 2010, Item C-29 — ratification of previously approved lease, to include Exhibit A.
CONTRACT/AGREEMENT CHANGES: Renews the contract from August 1, 2011 through July 31, 2012.
STAFF RECOMMENDATION: Approval
TOTAL COST: NA INDIRECT COST: NA
DIFFERENTIAL OF LOCAL PREFERENCE: NA
BUDGETED: yes
COST TO COUNTY: None SOURCE OF FUNDS: NA
COST TO AIRPORT: None
COST TO PFC: None
REVENUE PRODUCING: Yes X No AMT PER YEAR: $12,021 rent+$17,000 min guarantee
APPROVED BY: County Attorney X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Keren Adlen and Dani Tobaly Effective Date:
Dba Jet Lag Accessories, LLC Expiration Date:
Contract Purpose/Description: Retail Space at Key West International Airport
Contract Manager: Peter Horton # 5200 Airports - Stop # 5
(name) (Ext.) (Department/ Stop)
for BOCC meeting on: August 17, 2011 Agenda Deadline: A
Total Dollar Value of Contract: $29,021.00
Budgeted? Yes
Grant: No
County Match: NA
Estimated Ongoing Costs: n/a
(not included in dollar value above)
CONTRACT COSTS
Current Year Portion: $4,836.86
Account Codes: 404-
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial,
CONTRACT REVIEW
Changes
Date In Needed
Yes No
Airports Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
Reviewer
Z
Peter Hdrton
for Risk Management
for OMB
Pedro Mercado
County Attorney
August 1, 2011
July 31, 2012
etc.
2, 2011
Date Out
LEASE RENEWAL AGREEMENT
JET LAG
KEY WEST INTERNATIONAL AIRPORT
This Agreement is made and entered into on the 17th day of August, 2011, 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 but the parties desire to renew
the original agreement an additional I year; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
Exhibit A of the original agreement is hereby replaced with the attached Exhibit A dated
August 1, 2011.
2. Paragraph 2(a) of the original agreement is amended to read:
2(a) TERM. This agreement will take effect on the I't day of August 2011, and
will terminate on the 31" day of July, 2012, unless terminated earlier under another
paragraph of this agreement.
3. 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 $1,001.77 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 I" 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 s` through December 3 1 " 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 25th 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, two and three 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.
(SEAL) BOARD OF COUNTY COMMISSIONEI]
DANNY L. KOLHAGE,OF • ••,COUNTY, FLORIDA
ATTEST:
Title:
Mayor/Chairman
LESSEE'S:
Kere , dlen
Dani Tobafy
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Annual gross revenues are determined on a calendar year basis. A calendar year
shall run from January 1't through December 3 1 " 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`h 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, two and three 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.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
Mayor/Chairman
ATTEST: LESSEE'S:
By -
Ker dlen
Title: ,
Dani Toba y
AS
ASSISTWrCOU
� ATTORNEY
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