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Item C05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2012 Division: COUNTY ADMINISTRATOR Bulk Item: YES Department: AIRPORTS Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Approval of lease renewal agreement for retail rental space with Keren Adlen and Dani Tobaly, dba Jet Lag Accessories, LLC, at the Key West International Airport. ITEM BACKGROUND: Jet Lag and the Airport wish to continue the rental space agreement.. PREVIOUS RELEVANT BOCC ACTION: The lease was approved by the BOCC at the 7-21-2010 meeting, Item C-18; ratified at the 8-18-2010 meeting as item #C-29; lease renewal approved at the 8-17-2011 meeting as item #C-23. CONTRACT/AGREEMENT CHANGES: CPI increase STAFF RECOMMENDATION: Approval TOTAL COST: NA INDIRECT COST: NA BUDGETED: NA DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: NA SOURCE OF FUNDS: NA COST TO AIRPORT: NA COST TO PFC: NA REVENUE PRODUCING: Yes X AMOUNT PER YEAR: $29,273.72 min APPROVED BY: County Attorney Xd rt 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 & Dani Tobaly dba Effective Date: August 1, 2012 Jet Lag Accessories, LLC Expiration Date: July 31, 2013 Contract Purpose/Description: Rental Space at the Key West International Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: June 20, 2012 Agenda Deadline: June 5, 2012 Total Dollar Value of Contract: $29,273.72 Budgeted? Grant: County Match: NA Estimated Ongoing Costs: (not included in dollar value above CONTRACT COSTS Current Year Portion: $ 4878.83 Account Codes: 404- ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director /_/_ ( ) ( ) Risk Manage ent O.M.B./Pure sing S 11t er Hort for Risk Management rOMB County Attorney County Attorney Comments: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Keren Adlen & Dani Tobaly dba Effective Date: August 1, 2012 Jet Lag Accessories, LLC Expiration Date: July 31, 2013 Contract Purpose/Description: Rental Space at the Key West International Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: June 20, 2012 Agenda Deadline: June 5, 2012 Total Dollar Value of Contract: $29,273.72 Budgeted? Grant: County Match: NA Estimated Ongoing Costs: (not included in dollar value above CONTRACT COSTS Current Year Portion: $ 4878.83 Account Codes: 404- ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Airports Director �-�& 0/ 4112-- Peter Horton Risk Management O.M.B./Purchasing for Risk Management County Attorney r M Couy Comments: LEASE RENEWAL AGREEMENT JET LAG KEY WEST INTERNATIONAL AIRPORT This Agreement is made and entered into on the 20th day of June, 2012, 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; and WHEREAS, the original agreement was amended on August 17, 2011 for one additional year, beginning on August 1, 2011 and ending on July 31, 2012; but the parties desire to renew the original agreement an additional 1 year; 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 I" day of August 2012, and will terminate on the 31" day of July, 2013, 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 $1,022.81 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 I" 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 plus sales tax ($1,522.91) on an arrears basis. Payment shall be made no later than the 251h 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. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA ATTEST:- Mayor/Chairman r FccFF'c-