Item O11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2007 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of the assignment of the Airport Gift Shop lease at the Key West International Airport from
Ms. Diane Heberle / Springboard Enterprises, Inc. d/b/a "The Airport Gift Shop" to Ms. Gina Borrego
and Last Chance Gifts, LLC.
ITEM BACKGROUND:
The County originally entered into a lease agreement with Diane Heberle on November 10, 1993 for a
period of 7 years and extended the lease by way of a lease extension agreement dated April 19, 2000
for an additional 16 years. Ms. Heberle has entered in to an agreement for purchase and sale of assets,
including the lease hold to Ms. Borrego. Article XX of the original lease agreement provides for
assignment of the lease upon written approval of the B.O.C.C.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original lease with Diane Heberle and the subsequent lease extension.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH $40.93 per square ft
plus %5 of gross revenue
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
Revised 2/05
OMB/Purchasing _ Risk Management
Not Required
AGENDA ITEM #
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this day of
2007, by and between Monroe County, a political subdivision of the State of Florida, hereafter
County, Diane M. Heberle/Springboard Enterprises, Inc., a Florida corporation d/b/a "The
Airport Gift Shop", hereafter Assignor, and Last Chance Gifts, LLC, a Florida limited liability
company, hereafter Assignee, the parties agreeing as follows:
The County leases approximately 303 square feet of gift shop space located within the
passenger terminal building at Key West International Airport, through a Contract of
Lease dated November 10, 1993, and extended by Lease Extension Agreement dated
April 19, 2000 for an additional sixteen (16) years, and amended on November 10, 1993
to substitute Springboard Enterprises, Inc. as Lessee and attaching Exhibit A-1, in place
of Exhibit A, depicting the location of the airport gift shop. Copies of the original Lease,
Lease Extension Agreement, and Amendment are attached and incorporated into this
Consent to Assignment.
2. Article XX of the Lease provides that the Lessee may assign the Lease with written
approval of the Board of County Commissioners for Monroe County.
3. The Assignor and Assignee have entered into an Agreement for Purchase and Sale of
Assets which contract includes an assignment to Assignee of all the Assignor's right, title,
and interest in the Lease.
4. In consideration of its consent from Board of County Commissioners, to the assignment
Assignee agrees to be bound by all the terms and conditions of the original Lease, as
extended and amended.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
R-A
Deputy Clerk
ASSIGNOR:
DIANE M. HEBERLE /
SPRINGBOARD ENTERPRISES, INC.
a Florida corporation
LESSOR:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario Di Gennaro
ASSIGNEE:
LAST CHANCE GIFTS, LLC, a
Florida limited liability company
By: By:
Diane Heberle, individually and as
President of Springboard Enterprises, Inc.
Gina Borrego, Managing Member
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