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Item I3 I3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting April 17, 2024 Agenda Item Number: I3 2023-2345 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: N/A AGENDA ITEM WORDING: Approval of 1 st Amendment to License Agreement with Keys Woodworkers, Inc. for a 43 ft. by 30 ft. parcel of property at the Florida Keys Marathon International Airport to be used as a parking lot due to its proximity to the entrance of Keys Woodworkers retail service establishment. ITEM BACKGROUND: The County owns property immediately adjacent to Keys Woodworkers' retail service establishment, and due to its location and proximity to the entrance of their establishment, the only viable use of the property is as a parking lot. PREVIOUS RELEVANT BOCC ACTION: Approval of prior license agreement with Keys Woodworkers, Inc. on September 19, 2018. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Extends term of License Agreement for five years effective September 19, 2023 and ending on September 18, 2028. STAFF RECOMMENDATION: Approval. DOCUMENTATION: MTH Keys Woodworkers 1 st A end ent.pdf 2659 FINANCIAL IMPACT: REVENUE PRODUCING: $2,372.96/yr. for Year 1 2660 Ist AMENDMENT TO LICENSE AGREEMENT KEYS WOODWORKERS, INC. MONROE COUNTY THIS Ist AMENDMENT TO LICENSE AGREEMENT is made on this the 17th day of APRIL, 2024, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereafter LICENSOR or COUNTY) and Keys Woodworkers, Inc., a Florida corporation, whose address is Post Office Box 1181, Palmer, Alaska 99645 (hereafter LICENSEE). WHEREAS, the COUNTY owns certain property immediately adjacent to a retail service establishment owned by LICENSEE for use as a public parking lot; and WHEREAS, the only viable use of said property, due to its location and proximity to the entrance to the retail service establishment is as a parking lot; and WHEREAS, on September 19, 2018 LICENSEE and COUNTY entered into a license agreement (Original Agreement) for use of said property for use as a parking lot for a term of 5 years; and WHEREAS, the Original Agreement granted LICENSEE the option to extend the Original Agreement for two (2) additional five (5)year terms; and WHEREAS, LICENSEE has informed the COUNTY of their desire to exercise the option to extend the Original Agreement. NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Contractor agree as follows: SECTION 1. Article 1 of the Original Agreement is amended to read as follows: 1. COUNTY hereby grants a license to LICENSEE to use a 43 ft. by 30 ft. parcel located at the far southeast corner of the Florida Keys Marathon International Airport, hereafter the license site, depicted in Exhibit A — January 2023, and LICENSEE accepts the right to use such a license from COUNTY, subject to the terms and conditions of this License Agreement. SECTION 2. Article 2 of the Original Agreement is amended to read as follows: 2. The Original Agreement shall be extended for a term of five (5) years commencing on September 19, 2023 and ending on September 18, 2028, subject to the terms and conditions set forth in the Original Agreement. LICENSEE shall have the option to extend the Original Agreement for one (1) additional five (5)year term. 2661 In the event LICENSOR's Board of County Commissioners determines that the license site is needed for any purpose, LICENSOR may terminate this agreement by providing the LICENSEE ninety (90) days written notice. At the expiration of the ninety day notice period LICENSEE shall have vacated the license site and this agreement shall terminate with no further obligation on the part of any parry hereto except for the obligation to pay fees outstanding as of the date of termination. SECTION 3. Article 3 of the Original Agreement is amended to read as follows: 3. As consideration for the rights and privileges granted by this I" AMENDMENT TO LICENSE AGREEMENT, LICENSSEE shall pay $2,372.96 per year beginning September 1, 2023, plus applicable taxes payable in advance. Following the initial year of this I" AMENDMENT TO LICENSE AGREEMENT, the annual LICENSE fee will be adjusted each year by a percent equal to the increase in the CPI for all urban consumers (CPI-U) above that of the prior calendar year. In the event of a deflationary CPI, no adjustment in the license fee will be made. LICENSEE shall arrange and pay for any utilities required at the license site for the term of this agreement, including electricity, gas, water, sewer, solid waste collection and telephone services. LICENSEE may not erect or construct any improvements on the license site without the express written approval of the Director of Airports. SECTION 4. The Original Agreement is amended to add Article 23 which will read as follows: 23. The COUNTY and LICENSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and LICENSEE in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by LICENSEE. SECTION 5. Except as set forth in sections one, two, three and four of this 1st AMENDMENT TO LICENSE AGREEMENT, in all other respects, the terms and conditions of the Original Agreement,not inconsistent herewith remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 2662 IN W]'"WE ' '"II,i' ,the parties hereto have executed thisagreement n the,day and year fit written,above. { ) i i ri r ,r / t t f � � 1 t 3 Iq cfl 04 / r It PO/i UNrrrrllf�/U One � Ily`/Ur CA �1 NF" j ✓`r , .; /ire//i/ � /r/ //,,,:...... �/ �v��/ / f .. C�j �• �j/ Vi11 I/ / q ' s m / lid' I r KEYSW01 OP ID: MA ACORO"° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `64 08/30/2023 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 endorsements . PRODUCER 305-270-2100 CONTACT Erika G.Vanderbiest NAME: FILER INSURANCE,INC. PHONE 305-270-2100 FAX 305-270-2195 9440 S.W.77 Avenue (A/C,No,Ext): (A/C,No): Miami„FL 33156 E-MAIL evanderbiest@filerins.com Joe Filer ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:General Star Indemnity Co. 37362 INSURED INSURER B Keys Woodworkers,Inc. PO BOX 1181 INSURER C Palmer,AK 99645 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IMA377738C 08/31/2023 08/31/2024 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO1:1 LOC PRODUCTS-COMP/OPAGG $ INCLUDED OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS �wBODILY INJURY Per accident $ HIRED NON-OWNED 16K PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ L FJY, .UMBRELLA LIAB OCCUR "��'� EACH OCCURRENCE $ Ll 8 31 23 EXCESS LIAB CLAIMS-MADE g I � -�,�—���­^*�^pT""" ....,.„—. m AGGREGATE $ DED RETENTION$ WAMMKC " WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/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/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is listed as Additional Insured 1 0 692-1 0 694 Overseas Hwy, Marathon, FL 33050 CERTIFICATE HOLDER CANCELLATION FLORK01 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. Florida Keys Marathon Intl Air 9400 Overseas Highway Ste 200 AUTHORIZED REPRESENTATIVE Marathon,FL 33050 Marielle Beraza P184348 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2665