Item C12
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: C.12
Agenda Item Summary #10390
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
No
AGENDA ITEM WORDING: Approval of a lease extension with KIR Key Largo 022, LLC, for a
five year term (2022 - 2027) for the Social Services site at Tradewinds Shopping Center, at an initial
cost of $44,544/year with annual adjustments of 5%. Funding in FY22 is from Infrastructure Sales
Taxes. In subsequent years, it is funded by ad valorem taxes.
ITEM BACKGROUND: The County leased from KIR Key Largo 022, LLC, a storefront in 2019
at Tradewinds Shopping Center in Key Largo, for use as a senior meal site as part of the project to
construct a new courthouse complex at Plantation Key Government Center. The original Lease was
amended on December 9, 2020, when certain addresses were updated and the payment of a
management fee was eliminated from the Lease. Since rental of this location, the mission of the
senior meal site has expanded beyond serving and delivering meals into a food distribution site
serving the entire County. The site also serves as the upper keys hub for Monroe County
transportation and is an ideal location from which to continue to deliver the services. This Second
Amendment is for a lease extension of an additional five (5) years with the new term to commence
on September 1, 2022, and terminate on August 31, 2027. The base rent for the first year will be
$44,544.00, with the rent to increase 5% each year thereafter for the extended lease term. This
Second Amendment also updates some addresses in the Notice provision and several other
paragraphs of the original Lease. Staff seeks approval of this Second Amendment allowing an
extension of the term at the increased rent and other minor changes.
PREVIOUS RELEVANT BOCC ACTION:
21 MAR 2019 BOCC approved execution of a lease for the storefront at Tradewinds Shopping
Center to be utilized by Social Services.
09 DEC 2020 BOCC executed the First Amendment to the 2019 Lease adjusting notice
addresses and eliminating the provision for the County to pay a 4% management
fee.
CONTRACT/AGREEMENT CHANGES:
Yes
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Second Amendment -Tradewinds_Largo_FL-Monroe_County_Bd (legal stamped & partially
executed)
2020-12-09 1st Amendment
2019-03-21 Agreement
FINANCIAL IMPACT:
Effective Date: 1 SEP 2022
Expiration Date: 31 AUG 2027
Total Dollar Value of Contract: $246,133.72
Total Cost to County: $246,133.72
Current Year Portion: $3,712.00
Budgeted: Yes
Source of Funds:
CPI: 5% annual increase
Indirect Costs: Staff time
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: yes (updated COI requested)
Additional Details: Extension of current lease term for an additional five (5) years, revise
addresses on certain notices, and modify other limited provisions of original Lease.
OMB Please add accounts
REVIEWED BY:
Patricia Eables Completed 04/05/2022 9:40 AM
William DeSantis Completed 04/05/2022 10:14 AM
Sheryl Graham Completed 04/05/2022 2:56 PM
Kevin Wilson Completed 04/05/2022 2:57 PM
Purchasing Completed 04/05/2022 2:59 PM
Budget and Finance Completed 04/05/2022 3:12 PM
Brian Bradley Completed 04/05/2022 3:46 PM
Lindsey Ballard Completed 04/05/2022 3:56 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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SECOND AMENDMENT TO LEASE
Tenant:
Deal ID: Master Occupant ID:
Building ID: 100220 Monroe County Board of
232195 00012192
County Commissioners
THIS SECOND April 20, 2022 ,
by and between KIR Key Largo 022, LLC (hereinafter referred to as "Landlord") and Monroe County Board of
County Commissioners (hereinafter referred to as "Tenant"), which terms "Landlord" and "Tenant" shall include the
successors and assigns of the respective parties.
W I T N E S S E T H:
WHEREAS, by Shopping Center Lease dated as of May 3, 2019, Landlord did lease and demise unto Tenant
Tradewinds Shopping Center located in Key Largo, Florida, as more
particularly described in the Shopping Center Lease; and
WHEREAS, the Shopping Center Lease has been modified and amended by First Amendment to Shopping
Center Lease dated as of December 9, 2020 (said Shopping Center Lease as may have been
further amended, modified and assiLease
WHEREAS, the parties hereto desire to further amend the Lease.
NOW, THEREFORE, in consideration of the premises and the sum of Ten and no/100 Dollars ($10.00) and
other good and valuable considerations, in hand, paid by Tenant to Landlord, the receipt and sufficiency of which is
hereby acknowledged, it is mutually agreed as follows:
1. The term of the Lease is hereby extended for an additional period of five (5) years commencing as of September
1, 2022, so that the term of the Lease shall now expire on August 31, 2027 (the "Expiration Date"). Tenant
agrees and acknowledges that there are no options to extend the term of the Lease beyond the Expiration Date.
2. Commencing September 1, 2022, and continuing through and including August 31, 2027, the annual Base Rent
payable by Tenant to Landlord shall be as follows:
Lease Year Annual Base Rent Monthly Base Rent
9/1/2022-8/31/2023 $44,544.00 $3,712.00
9/1/2023-8/31/2024 $46,771.20 $3,897.60
9/1/2024-8/31/2025 $49,109.76 $4,092.48
9/1/2025-8/31/2026 $51,565.25 $4,297.10
9/1/2026-8/31/2027 $54,143.51 $4,511.96
3. Rental Payments. Article 2 of the First Amendment is hereby deleted in its entirety and replaced with the
following:
The County shall submit the monthly rental payments to the Landlord at the following address:
KIR Key Largo 022, LLC
P.O. Box 30344
Tampa, FL
4. Miscellaneous.
(A) Paragraph 1: Basic Lease Provisions and Definitions, Section (and Section
, as further amended by Article 1 of the First Amendment shall be
revised as follows:
Addresses for notice purposes are as follows:
FOR LANDLORD:
KIR Key Largo 022, LLC
c/o Kimco Realty Corporation
500 North Broadway, Suite 201
Jericho, NY 11753
FOR TENANT::
Monroe County Board of County Commissioners
Attn: Alice Steryou, Contract Monitor
123 Overseas Hwy.
Rockland Key
Key West, FL 33040
With a copy to:
Monroe County Attorney
th
1111 12 Street, Suite 408
Key West, FL 33040
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(B) It is mutually understood and agreed that except as set forth in Articles 1, 2 3 and 4 of this Amendment,
in all other respects, the terms and conditions set forth in the Original Agreement, as amended, the Lease shall
be and remain in full force and effect and Landlord and Tenant hereby ratify and confirm the Lease as amended
hereby. Without limitation of the foregoing, Landlord hereby confirms its granting of the Leased Premises to
Tenant, and Tenant hereby confirms its acceptance of the Leased Premises on all of the terms and conditions of
the Lease as hereby amended.
(C) If Tenant is not an individual, the person signing this document on behalf of Tenant represents (by such
signature) that he or she has been duly authorized by Tenant to execute this document and that such signature
creates a binding obligation of Tenant.
(D) Tenant acknowledges that, no default exists on the part of Landlord under the Lease as of the date hereof.
(E) In the event of a discrepancy between the Lease and this Amendment, this Amendment shall prevail. If
not defined herein, all capitalized terms used in this document shall have the meaning ascribed to them in the
Lease unless the context otherwise requires. This Amendment contains all of the agreements of the parties hereto
with respect to the matters contained herein, and no prior agreement (other than the Lease), arrangement or
understanding pertaining to any of such matters shall be effective for any purpose.
(F) Intentionally Deleted.
(G) No Broker. Tenant represents and warrants to Landlord that it has not dealt with any broker in
connection with this Amendment and Tenant does hereby agree to defend, indemnify and hold Landlord
harmless of and from any claim of or liability to any broker, finder, or like agent with whom Tenant may have
dealt in connection with this transaction.
(H) OFAC. Tenant represents and warrants to Landlord that neither Tenant nor any of its subsidiaries,
directors, officers, or employees, nor, to the knowledge of the Tenant, any agent or affiliate or representative of
Tenant (i) is the target of any sanctions administered or enforced by the U.S. Government (including, without
limitation, the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department
convicted, pleaded nolo contendere, indicted, arraigned or detained on charges involving money laundering or
predicate crimes to money laundering. In the event any of the representations in this Article are determined to
be false now or at any time during the Lease Term, Tenant shall be deemed to have committed an incurable
default, entitling Landlord, in addition to all other remedies at law or in equity, to immediately terminate the
Lease on written notice to Tenant.
(I) The parties hereby each agree that its authorized signatories may receive and review this Amendment to
Lease via electronic record and may sign this Amendment to Lease via electronic digital signature (i.e.,
DocuSign or similar electronic signature technology), and the parties may rely on such electronic digital
signatures as if they are original signatures by each party or duly authorized representatives of each party.
Remainder of Page Left Intentionally Blank
Signature Page to Follow
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IN WITNESS WHEREOF, the parties have executed this instrument effective as of the date of the Agreement.
LANDLORD:
KIR KEY LARGO 022, LLC
By: Kimco Income Operating Partnership, L.P.,
its managing member
By: Kimco Income REIT, its general partner
BY:__________________________
NAME:Gary J. Bazydlo
TITLE:Vice President
DATE:__________________________
TENANT:
MONROE COUNTY BOARD OF COUNTYCOMMISSIONERS
BY:__________________________
NAME:__________________________
TITLE:__________________________
DATE:__________________________
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