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Item L9 L.9 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida Keys Craig Cates,District 1 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting October 203, 2021 Agenda Item Number: L.9 Agenda Item Summary #9827 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval to extend the Lease agreement with Last Chance Gifts, LLC, on a month to month basis until the new leasehold and square footage is identified in the new Concourse A project. ITEM BACKGROUND: Last Chance Gifts, LLC has been operating at The Key West International Airport since 1993. They currently occupy space in new Terminal Building consisting of 670 square feet and space in the passenger departure area consisting of 390 square feet. The future Concourse A and Terminal Improvements project will impact the Lessee's current leasehold, and they will have to relocate to the new Concourse A. The design of the Concourse A and Terminal Improvements project is currently underway and Lessee's new leasehold space and square footage has not yet been identified. Once the new leasehold has been identified, a lease amendment will be presented to the BOCC for approval. PREVIOUS RELEVANT BOCC ACTION: The County originally entered into a Lease and Concession Agreement with Last Chance Gifts, LLC on November 10, 1993. On April 19, 2000, the County extended the term of the original lease for an additional 16 years through September 30, 2016, and on August 17, 2016, the BOCC extended the lease for five years through September 30, 2021. CONTRACT/AGREEMENT CHANGES: month to month lease extension STAFF RECOMMENDATION: Approval. DOCUMENTATION: Last Chance month-to-month lease agreement FINANCIAL IMPACT: Effective Date: October 1, 2021 Packet Pg. 2953 L.9 Expiration Date: month to month until new lease amendment is approved Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $61,110.13/yr. rent plus 10% commission on annual gross revenue with a minimum guarantee of$50,000/yr. Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 10/01/2021 4:54 PM Richard Strickland Completed 10/01/2021 4:56 PM Pedro Mercado Completed 10/01/2021 4:58 PM Purchasing Completed 10/01/2021 5:02 PM Budget and Finance Completed 10/04/2021 8:22 AM Maria Slavik Completed 10/04/2021 8:33 AM Liz Yongue Completed 10/04/2021 11:01 AM Board of County Commissioners Pending 10/20/2021 9:00 AM Packet Pg. 2954 AMENDMENT TO LEASE AC,REEN1FNT Last Chance Gifts. I.I.C. 14onroe County THIS AMEND-N El` T (hereafter Amendment) is made and entered into this 20th day of October, 20211. by and between Monroe County, a political subdivision. of the Mate of Florida. whose address is Crato Building, 1100 Simonton Street, Key west. 1,I, y3��{) u " 11 it "Owner"'), C., a Florida limited (hereinafter County . Lessor or ()�,�•ner ), and Last Chance Crifts, I,Ia liability company. whose address is 74 Bay Drive, l ey West. Fl. 33040 (hereinafter 'rhenant" or "Lessee"). c WHEREAS, on. the 10th day of November 1993, the County entered into a lease (hereinafter Original Lease) with the Lessee's predecessor in interest; and WHEREAS, oii the 19th day of April, 2000. the County entered. into a Lease � I,xtension Agreement with the Lessee's predecessor in interest extending the term of the original lease for an additional 16 years, and y WHEREAS, on the 17th day of October 2007, Lessee's predecessor in interest transferred all rights, title, interest and obligations to the leasehold by means of a Consent To Assignment Of[..,ease to Lessee; and W WHEREAS, on the 19th day of August 2009 the parties entered into an amendment � granting the Lessee an additional retail leasehold space following the renovation and � expansion of the Key West International Airport, and WHEREAS, on the 17"' day of August; 2016, the parties entered into an amendment granting tl-ie Lessee a five year lease extension, and c WHEREAS, Lessee has requested that the lease be renewed. and Lessor has no c objection to the request; and WHEREAS, the future C'oncourse. A and Terminal improvements project will impact the e I,esscc's current leasehold and the leasehold will have to be relocated from the main terminal and current departure holdroom into the new Concourse A, and WHEREAS, the design of the Concourse A and `rern-iinal Improvements project is Cn currently underway and Lessee's new leasehold space has not yet been identified, and WHEREAS, the parties wish to place the current lease on a month to month basis until the leasehold and square footage of the new space is identified in the new Concourse A project, and WHEREAS, the parties have found the Agreement to be mutually -beneficial; now, therefore, N CONSIDERATION ATIO of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as fbilo-vs: Packet Pg. 2955 SEC- LOOT I. ARI°IC I..,I; I1 --'r Rm of the original agreement is amended to real as follows: 'Phis lease and all rights herein granted Lessee shall become operative and effective October 1. 1993. All rights herein granted for the use and operation of both gift shop leaseholds shown in exhibits D-1 and D-2 shall remain on a month to month basis Unless sooner terminated as hereinafter provided. SECTION 2. AR'I'IC1,IJ III — REN'I"ALS AND FEES, subparagraph Al of the original agreement is amended to read as follows: c c 1. Beginning October 1, 2021, 0 at the check-iiVticketing area., as shown in Rent for 670 square feet in room 22 exhibit D-I, to be used as a gift shop shall be $38,626.22 per annunn plus tax., includln€g electricity. 123 in the passenger departure gate area, as U Rent for 39() square feet in room shown in exhibit D-2, to be used as a gift shop shall be $22,483.91 per annuli plus tax, including electricity. ' Rental rates are subject to revision each year in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the Previous calendar year. In the event of a deflationary CPI, no adjustment in the rental rates will be made. SL,'CTION, 3. All other provisions of the Novenabtr 10. 1993 original lease, April 1c) 0) 2000 Lease l,xtc,nsion Agreement, October 17, 2007 Consent to Assignraaent of I-ease. August 19. 2009 Amendment and. the August 17, 2016 A»�endtt�ent azld not inconsistent hetc��ith shall remain in full force and effect. IN '�J'rNESS WHEREOF each party hereto has caused this agreement to tic c executed by its duly authorized representatives the day and year first above written. c c BOARD OF (,C)trN I'Y CC)MMISSIC)NI RS � A'1"I'I S"I': KEV IN 1�I.�DOK. CLERK RK OF ',\4ONI�C)I C"C)LJI�T' 'Y, FLORIDA CJ As L)cpr�ty ClerkMayor/Ch:ainnan. i 'fitness: LAS"I' CIIANC1? GII 1`S, I.I.C, a Florida Limited Liability Company By lay �� Print Name Gina Borrego, Min grog Member I)ate "2 t NROE COUNTY ATMnNEY A ROVE Fo Print Name � — -- PED� O.Y. ASSIST UNTY ATTORNEY Date 10/1/21 Packet Pg. 2956 L — - --- C LO v� e4 tz d 00 ~ W LLI mm � ❑ � N N W > w El W Z W � N Q KKK,. � N y ❑ w` Q O � W _ N U� W N U � U- �IE OD OlZ i o ZIOOOINNOO SS300V i � N i ,_,i ❑ r 1 O J o w w w woo w LOO m PLU J � CL w �.., o ❑ ❑ CL N CL H O t 0 � O w Q w LLI O O w � o Q W 0 W Q U' �� ❑ � O 0 0 P :� O LLJ M LLI H r W CL W DATE( A�® CERTIFICATE OF LIABILITY INSURANCE 10/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 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 INSURER(S), AUTHORIZED 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michele Andree Southernmost Insurance Agency, Inc PHONE FAX 1010 Kennedy Dr. a N Ex , 305 296 7077 AiC No): STE 300 E-MAIL michele@southernmostinsurance.com ADDRESS: Key West, FL 33040 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: First Community Ins Co A0012 INSURED Last Chance Gifts, LLC INSURER B 74 Bay Drive Key West, FL 330406115 INSURER C: O INSURER D INSURER E INSURER F: O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. CJ INSR ADDLTYPE OF INSURANCE INSD WVDSUB POLICY NUMBER MM DCD YYYY MY EFF M/DC Y EXP LTR D YYYY LIMITS ChA COMMERCIAL GENERAL LIABILITY Y 090004970646813 10/22/2020 10/22/2021 EACH OCCURRENCE $ 300,( CLAIMS-MADE OCCUR DAMAGE TO RENTED 5()( PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,( PERSONAL&ADV INJURY $ Inclu( GEN'L AGGREGATE LIMIT APPLIES PER: , GENERAL AGGREGATE $ 600,( J POLICY j O LOC I 300,( PRODUCTS-COMP/OP AGG $ � OTHER: -_ $ AUTOMOBILE LIABILITY -_ `" - COMBINED SINGLE LIMIT $ W 10/27/2020 BODILY INJURY ANY AUTO _`--, w� —d�---^^' BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ W HIRED NON-OWNED PROPERTY DAMAGE $ (n AUTOS ONLY AUTOS ONLY Per accident (B $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ¢' EXCESS LIAB HCLAIMS-MADE AGGREGATE $ O DED RETENTION$ $ 1 WORKERS COMPENSATION O STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ D? ¢' OFFICER/MEMBER EXCLUDE NIA A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ O If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U L� DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ¢° Monroe County BOCC is named as additional insured with regard to general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P.O. Box 100085-FX AUTHORIZED REPRESENTATIVE Key West, FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserve( ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 2959 DATE(r L.9.a' ACCOR"® CERTIFICATE OF LIABILITY INSURANCE 10/27/2020 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 endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAMEACT Automatic Data Processing Insurance Agency, Inc. Automatic Data Processing Insurance Agency, Inc. PAIL,N Ext: 1-800-524-7024 (A/C,No): E-MAIL ADDRESS: 1 Adp Boulevard INSURER(S)AFFORDING COVERAGE NAIC# Roseland NJ 07068 INSURERA: Technology Insurance Company,Inc. 42376 INSURED Last Chance Gifts LLC INSURER B: INSURER C: 3495 South Roosevelt Blvd INSURER D: 'O 0 INSURER E: Key West FL 33040 INSURER F COVERAGES CERTIFICATE NUMBER: 1713417 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 PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM fJ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N 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 $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ LLJ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- 0)POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ 0) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2 (Ea accident) CD ANY AUTO - JSK BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ N (� -- t8 HIRED NON-OWNED _ ' .,, -'" _ PROPERTY DAMAGE $ 0) AUTOS ONLY AUTOS ONLY + 10/27/2020 (Per accident) UMBRELLA LIAB OCCUR �, EACH OCCURRENCE $ O EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- ¢, AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY A OFFICER/MEMBERPROPRIETOR/PARTNER/EXECUTIVE N/A N TWC3905825 10/22/2020 10/22/2021 E.L.EACH ACCIDENT $ 100,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 U DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) U CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 100085-FX AUTHORIZED REPRESENTATIVE Key West FL 33040 --)M ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2960