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4th Amendment 10/20/2021
OR CAIIRTd ._. o� •'"-'"?.°.% Kevin Madok, CPA _;z....::..• • Clerk of the Circuit Court&Comptroller—Monroe County, Florida �ecouN� DATE: November 4, 2021 TO: Beth Leto, Airports Business Manager, KWIA FROM: Pamela G. Hanc•t ►.C. SUBJECT: October 20th BOCC Meeting Attached is an electronic copy of the following item for your handling: L9 Amendment to 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance 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 AMENDMEN'r TO LEASE AGREEMENT Last Chance Gifts, LI.C. Monroe CountV THIS AMENDMENT (hereafter Amendment) is made and entered into this 20th day of October, 2021, by and between Monroe County, a political subdivision of the State of Florida. whose address is Cato Buildin-- 1100 Simonton Street, Key West., P - `040 (hereinafter "Coun-tv". "Lessor" or "Owncr"), and Last Chance Gifts, LIX.. a Florida limited liability company, whose address is 74 Bay Drive, Key NVest. Fl. 33040 (hereinafter "Fenant" or "Lessee"). WHEREAS, on the 10th day of November 199-3), the County entered into a lease (hereinafter Original Lease) with the Lessee's predecessor in interest; and WHERU',AS, on the 19th day of April. 2000, the County entered into a Lease I'mension A-reenient with the Lessee's predecessor in interest extendinu, the term of the original lease for an additional 16 vears, and WHERE,^ on the 17th day of October 2007, Ixssee's predecessor in interest transferred all rights, title, interest and oblh-,ations to the leasehold by means of a Consent 'Fo Assignment Of Lease to Lessee; and 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 granting expansion of the Key yVcst International Airport; and WHEREAS, on the 17"' day of Atioust. 2016. the parties entered into an amendment granting the Lessee a. five year lease extension, and WHEREAS, Lessee has requested that the lease be renewed and Lessor has no obJection to the request- and NN'HF,REAS, the future Concourse A and Terminal Improvements project will impact the Lessee's current Icasehold and the leasehold will have to be relocated from the maim terminal and CUrrent departure holdroom into the new Concourse A, and WHEREAS, the desion of the Concourse A and 'Feria-iinal Improvements pro' et ject is CUrrentIV Underv,-a--,, and Lessee's new leasehold space has not vet 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 MILILially beneficial-I therefore, IN ('ONSIDERATION of the premises and of the mutual covenants and aC(Tr eements - herein contained, and other valuable considerations, the parties agree as hallows: SECTION 1. ARTICLE II-TERM of the original agreement is amended to read as follows: This 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. ARTICLE III - RENTALS AND FEES, subparagraph Al of the original agreement is amended to read as follows: 1. Beginning October 1,2021; Rent for 670 square feet in room 220 at the check-in/ticketing area, as shown in exhibit D-1, to be used as a gift shop shall be $38,626.22 per annum plus tax, including electricity. Rent for 390 square feet in room 123 in the passenger departure gate area, as shown in exhibit D-2, to be used as a gift shop shall. be $22,483.91 per annum 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. SECTION 3. All other provisions of the November 10, 1993 original Lease, April 19. 2000 Lease Extension Agreement, October 17, 2007 Consent to Assignment of Lease, August 19, 2009 Amendment and the August 17, 2016 Amendment and not inconsistent herewith, shall remain in full force and effect. "-t* 1'1'NESS WHEREOF each party hereto has caused this agreement to be t • ® ti'ile1, I\ • duly authorized representatives the day and year first above written. -- '. ' BOARD OF COUNTY COMMISSIONERS �'°9 ='a ' ;V1N MADOK, CLERK OF MONROE CO DA h a "IOer C.UNTV ,N t� � G--- Ae. By By As Deputy Clerk Mayor/Chairman '�; f r_ Witness: LAST CHANCE GIFTS' �1.EC, a t Florida Limited Liability ;einpany By — — --- BY VA.(A(3N" c' a' `--- Print Name Gina Borrego, M4gghg, Iembeb -- Date r aja1202 I31, COUNTY ATTORNEY "NROE �PAOVE/,'5 FORM 111 Print Name �(!�,, FED-OJ. .. .- ASSES .•• -•UNTY ATTORNEY Date 10/1/21 w w w woo LLJ ® ti,,,, MLLJ W ❑ ❑ CL O N N Q O tz W _�❑ ❑ O Q W LLJ O O W � o Q W 0 W Q U' � O 0 0 P :� O � W (MMIDDIYYY AC"R"® CERTIFICATE OF LIABILITY INSURANCE DA10/21/2021 Y' 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 Grisel M. Padron Southernmost Insurance Agency, Inc PHONE FAX 1010 Kennedy Dr. vC No Ext: (305)296-5052 x115 VC No): (305)296-5052 STE 300 E-MAIL grisel@southernmostinsurance.com ADDRESS: Key West, FL 33040 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: First Community Ins Co A0012 INSURED Last Chance Gifts, LLC INSURER B 74 Bay Drive Key West, FL 330406115 INSURER C INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. I NSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM DDIYYYY MMIDDIYYYY LIMITS A COMMERCIAL GENERAL LIABILITY Y 090004970646814 10/22/2021 10/22/2022 EACH OCCURRENCE $ 300,000 DA AGE TO RENTED CLAIMS-MADE IN/OCCUR PRE M IS ES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 Approved Risk Management PERSONAL&ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: / GENERAL AGGREGATE $ 600,000 PRO- �/� 300,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMaBINED SINGLE LIMIT $ Ea ccident ANY AUTO 10-22-2021 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as additional insured with respect to general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 100085 FX Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 10/21/2021 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 CONTNAMEACT Automatic Data Processing Insurance Agency, Inc. Automatic Data Processing Insurance Agency, Inc. vc°NN 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: DBA:Last Chance Gifts LLC INSURER D: 3495 South Roosevelt Blvd INSURER E: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: 2159718 REVISION NUMBER: 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. 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) $ Approved Risk Management MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: � GENERAL AGGREGATE $ POLICY❑ PRO- JECT ❑ LOC ` PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY 1 U-22-2U21COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER H- OT EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 A OFFICER/MEMBER EXCLUDED? N/A N TWC4016373 10/22/2021 10/22/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 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) 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. 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