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1st Amendment 10/16/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 23, 2024 TO: Beth Leto, Airports Business Manager, KWIA FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: I6 1 st Amendment to Lease Agreement with Greyhound Lines, Inc. renewing the agreement with Greyhound for one additional year and authorizing Greyhound to sublet the 492 square feet of office and support space located in the airport support services building at the Key West International Airport to FLIXBUS. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Ist AMENDMMENT TO LEASE AGREEMENT MONROE COUNTY GREYHOUND LINES, INC THIS Ist AMENDMENT TO LEASE AGREEMENT is made and entered into on this 16th day of October 2024, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and GREYHOUND LINES, INC., a Delaware corporation, hereinafter referred to as "GREYHOUND." WHEREAS, COUNTY owns an airport known as the Key West International Airport, located in Key West, Monroe County, Florida, hereinafter referred to as "AIRPORT," and WHEREAS, GREYHOUND is engaged in the business of ground transportation of passengers and other property, and WHEREAS, on the 21"day of February 2024 GREYHOUND and the COUNTY entered into a Lease Agreement, hereinafter referred to as "Original Agreement" which terminates on November 30, 2024; and WHEREAS, the Original Agreement provides GREYHOUND with an option to renew the Original Agreement for an additional twelve-month term; and WHEREAS, GREYHOUND notified the COUNTY of its desire to renew the Original Agreement by letter dated September 17, 2024; and WHEREAS, GREYHOUND is also requesting the COUNTY's consent to sublet space to FlixBus, hereinafter referred to as "FLIXBUS"; and WHEREAS, Flix North America operates FlixBus and is also the parent company of GREYHOUND Lines, Inc. and WHEREAS, GREYHOUND and the COUNTY have found the Original Agreement to be mutually beneficial, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto GREYHOUND, and GREYHOUND does hereby lease from COUNTY, certain premises, facilities, rights, and privileges in connection with and on the Airport, as follows, to wit: Section 1. Article 1, Premises, of the Original Agreement is hereby amended to add the following clause at the end of the Article. Additionally, during the term of this Amendment GREYHOUND is authorized to sublet the premises to FLIXBUS pursuant to GREYHOUND'S written request dated July 23, 2024, attached hereto as Exhibit Al. Section 2. Article 2, Use of the Airport, of the Original Agreement is hereby amended to read as follows: 1 2. Use of the Airport. GREYHOUND and FLIXBUS shall be entitled to use, in common with others authorized to do so, the airport facilities and appurtenances, together with all equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport for common use, in the operation of a business for the transportation of passengers and other property by ground, at the designated ground transportation facility identified within this agreement. GREYHOUND is responsible for repairing damage caused by GREYHOUND and/or FLIXBUS to the COUNTY-owned facilities and space identified in Exhibit B, normal wear and tear excepted. Section 3. Article 4, Term, of the Original Agreement is hereby amended to read as follows: 4. Term. The term of this lease shall be twelve (12) months, commencing December 1, 2024, and ending on November 30, 2025. Section 4. Article 5, Access Fee, of the Original Agreement is hereby amended to read as follows: 5. Access Fee. For each year during the term of this lease, GREYHOUND, on behalf of GREYHOUND and FLIXBUS shall pay to the COUNTY, an access fee for the rights, privileges, and leases of space, described within this agreement. The access fee shall be assessed on a per use basis. The fee shall be forty-five dollars ($45.00) per use. Per use shall be defined as one arrival and departure collectively as a round-trip bus operation. The access fee shall be paid monthly, due on the fifteenth (151 ) of each month for the prior month's operations. GREYHOUND shall also submit a Usage Report for both GREYHOUND and FLIXBUS on the first business day of each month for the prior month's bus operations, which includes a breakdown of operations for each day and a total for the month of the report. The schedule of bus operations is attached hereto as Exhibit C. GREYHOUND shall consult and obtain approval from the Director of Airports prior to any change being made to the bus operations schedule and the routes and seats being published and posted for sale. Upon the failure of GREYHOUND to pay any fees due and owing from either GREYHOUND'S OR FLIXBUS' use of the premises, the COUNTY will be entitled to charge and collect, and GREYHOUND will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty (30) days of the date due, and five percent(5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by GREYHOUND under the terms of this lease. The COUNTY, at its option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to paragraph 36 of this lease. In the event that any check, draft, or negotiable instrument by which GREYHOUND has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00)for such dishonored instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees and penalties, declare a default, and proceed according to paragraph 36 of this lease. 2 Section 5. Article 13, Insurance Requirements, of the Original Agreement is hereby amended to read as follows: 13. Insurance Requirements a) GREYHOUND and FLIXBUS will obtain or possess the following insurance coverages and will provide Certificates of Insurance to COUNTY to verify such coverage; Commercial General Liability. GREYHOUND and FLIXBUS shall provide coverage for all premises and operations including Contractual, Products, and Completed Operations, and Personal/Advertising Injury. The limits shall not be less than; $5,000,000 Combined Single Limits (CSL) or its equivalent If split limits are provided, the minimum limits acceptable shall be; $5,000,000.00 per occurrence, $500,000 per person, $100,000 Property Damage The General Aggregate limit shall either apply separately to this agreement or shall be at least twice the required occurrence limits. Business Automobile Liability. GREYHOUND and FLIXBUS shall provide coverage for all owned, non-owned and hired vehicles with limits of not less than; $5,000,000 CSL or its equivalent If split limits are provided, the minimum limits acceptable shall be; $5,000,000 per occurrence $500,000 per person $100,000 Property Damage Worker's Compensation. GREYHOUND and FLIXBUS shall provide coverage with limits sufficient to respond to the applicable state statutes. Employer's Liability. GREYHOUND and FLIXBUS shall provide Employer's Liability insurance with limits of not less than; $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease,policy limits and $1,000,000 Bodily Injury by Disease, each employee. Property Insurance. GREYHOUND and FLIXBUS shall provide coverage for all premises governed by this agreement with limits no less than the Replacement Cost Value of the leased premises and as a minimum shall include coverages consistent with the latest version of the Special Form as filed by the Insurance Services Office(ISO) and shall include as a minimum coverage for claims arising out of Fire, Sprinkler Leakage, Windstorm, Civil Commotion, Lightning, Sinkhole Collapse, Smoke, Aircraft and Vehicle Damage, Vandalism, Falling Objects, Explosion and Flood. b) The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the Monroe County Board of County Commissioners shall be named as loss payee on any property insurance placed on the leased facilities. 3 c) All insurance policies must:specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given tote COUNTY by the insurer. d) The acceptance and/or approval of GREYHOUND'S and FLIXBUS insurance • shall not be construed as relieving GREYHOUND or FLIXBUS from any liability or obligation assumed under this lease or imposed by law. e) GREYHOUND and FLIXBUS:shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with paragraph 36. Any deviations from these General Insurance Requirements must be requested in writing on the COUNTY prepared form entitled, "Request for. Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. Section 6. All other provisions of the Original Agreement dated February 21, 2024, not inconsistent herewith shall remain in full force and effect. • IN WITNESS WHEREOF, the parties have caused this lease to be executed this 16th day of October, .2024. ,),°r d t(SEAL)00 -�b_s,, \u BOARD OF COUNTY COMMISSIONERS �1,:c'oir: .,ATTb S 3 3,.. �EVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA -M 4 i a -� , tr, �r.�� 9 ram,+, -.' . ,_Lin ' # ':''''' i, :711 f G" g9 t`.',. (A7r r/1A(VYWY B \-::77-; 3:;);;L:' ', 7:1-"' :-',''' „) ' %`- y As,De uty Clerk Mayor HollyMemll Raschein '"' --:''''''-',i''' ,,' ' GREYHOUND LINES, INC. NROE COUNTY ATfOfNEY il 7 Arrio7 F® fce-uct, r(,e"..z ,,,9 PED-0 J. .4 r e e ( ,,:". AS •y, '•UNTY ATTORNEY By 2 ,'-'''',...?, -T I 7 2._..i r, Date 9/26/24 Title COO S I - _ , EXHIBIT Al ry .......... dEr July 23, 2024 Via Certified Mai I Nfoinroe ("OlUnt) Monroe (,..'ount% Attorne% 34 9; S R ooseN e I t. 13 �dl HH I21�, Street Kev West. FL 3_3040 Suite 4108 Ke,, W'e,�it. Fl., 33040 RE: Notice to Sublease-FlixBus To: County Attorney, This letter is to request consent from Monroe County to allow FlixBus to sublease space from Greyhound Lines at 3491 South Rosevelt Blvd Key West F . FlixBus which is an active provider of intercity buses will use the facility for transportation purpose including loading and unloading passengers as well as cobranding services. We look forward to Monroe County's consent and support to bring additional transportation opportunity to the citizens and community of Key West. Greyhound understands that it has provided Landlord notice in accordance with Section 10 of the Lease Agreement dated February 21, 2024. Please contact me at (469) 203-0453, or via email at t im othy.cruz@ grey ho und.corn if you have any questions or need additional information. Sincerely, Timothy ruz Facilities& Real Estate Manager F I ixBus—Greyhound Lines EXHIBIT B X q ' 7J� A ,. re �Ip a �r IIIII01101111111101111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 101010101010101010101010101010101010101010101010101 Customer Lobby— 276 Sq. Ft. Restroom Area — 52 Sq. Ft. Office— 144 Sq. Ft. Greyhound Sq Closet— 20 Ft. . m.�uwW i Flrr i, Bus Pickup/ Qropd Total —492 Sq. Ft, Y �f r , fr ' m Awiw y 6 C O O N N mC p N r Q ti 0 lu p V > O N O O a `° m o O, m N m N J > O N o Vo C O o0 O m ' N of M m uwu 1�1 LL N N O u � O m o 0 N w N O m m J m m o N a a o v c as > O N o 3 m o m a, a `° cu s m o u CL � w v v O I� � d p O o a` G m o O m pd m Y N C O L O N O V7 > io � Q ro � u N W � nn N m O o Q v w cu > — u V T v 4z X X b➢ Y w Q v v v C c a0i c c a0i v O U O O O U — a O O m QJ CO N m QJ UJ UJ C C UJ C C U C U O O U O M -O Y a OO V V O V s QJ CO u CO QJ m C v m v C v VE N T N T N T Y Y Y A/C ® DATE(MM/DDNYYY) `..�" CERTIFICATE OF LIABILITY INSURANCE 04/12/12/20242024 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 Vila Von sour y McGriff Insurance Services,LLC y NAME: 9 PHONE 503-943-6621 FAX 503-943-6622 5400 SW Meadows Road,Suite 240 A/C No Ext: A/C,No): Lake Oswego,OR 97035 E-MAIL ADDRESS: y 9 9y@me Vila Von sour riff.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Bus Risk Retention Group 17324 INSURED INSURER B:AIU Insurance Company 19399 Greyhound Lines,Inc. PO Box 660632 INSURER C Dallas,TX 75266-0362 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:UCXCZ59W 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 MM/DD A X COMMERCIAL GENERAL LIABILITY GL-RRG-001023-01 12/31/2023 12/31/2024 EACH OCCURRENCE $ 10,000,000 CLAIMS-MADE OCCUR DAMAGES(RENTED 5,000,000 PREMISES Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY F—x]PE'C T LOC PRODUCTS-COMP/OP AGG $ 10,000,000 OTHER: $ A AUTOMOBILE LIABILITY AL-RRG-001023-01 (AOS) 12/31/2023 12/31/2024 Ee MINEDacciden SINGLE LIMIT $ 10,000,000 X ANY AUTO :.,�= BODILY INJURY(Per person) $ OWNED SCHEDULED �' �" BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ,�„� HIRED NON-OWNED �'I -.. PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY -- ,. "" Per accident) ccident $ 4.1�����2.24 E UMBRELLA LIAB i � OCCUR EACH OCCURRENCE $ ID �'CESS LIAB CLAIMS-MADE A '"' ``"" AGGREGATE $ D I I RETENTION$ $ B WORKERS COMPENSATION 62790879(AOS) 04/01/2024 04/01/2025 X PE STATUTE OTH AND EMPLOYERS'LIABILITY Y/N 62790880(CA) ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 3,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 3,000,000 If yes,describe under 3,000,000 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) Adam Arnold Annex Building 3491 South Roosevelt Boulevard Key West,FL 33040 Certificate Holder is an Additional Insured as respects the ongoing operations of the Named Insured with respects to General and Auto Liability coverage where required by written and signed contract subject to policy terms,conditions,limits and exclusions. 30 day notice of cancellation per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton St. Key West,FL 33040 �� •- Page 1 of 2 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) `..� EVIDENCE OF PROPERTY INSURANCE UCXCZ59W 04/12/2024 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE A/C No Ext 503-943-6621 COMPANY McGriff Insurance Services, LLC Lexington Insurance Co. 5400 SW Meadows Road,Suite 240 Lake Oswego,OR 97035 Vilay Vongsoury FAX//C No): 503-943-6622 ADDRESS: Vilay.Vongsoury@mcgriff.com CODE: SUB CODE: AGENCY CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER Greyhound Lines, Inc. 14627205 PO Box 660632 Dallas,TX 75266-0362 EFFECTIVE DATE EXPIRATION DATE 04/01/2024 04/01/2025 CONTINUED UNTIL El TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Adam Arnold Annex Building 3491 South Roosevelt Boulevard Key West, FL 33040 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Building/Business Personal Property-Occurrence Limit $10,000,000 $100,000 Vehicles-Physical Damage-Any One Vehicle $600,000 Vehicles-Physical Damage-Any One Occurrence $10,000,000 $250,000 REMARKS(including Special Conditions CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS ADDITIONAL INSURED H LENDER'S LOSS PAYABLE Ll LOSS PAYEE MORTGAGEE LOAN# Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton St. ^� Key West, FL 33040 ACORD 27(2016103) @ 1993-2015 ACORD CORPORATION.All rights reserved. Page 2 of 2 The ACORD name and logo are registered marks of ACORD