2nd Amendment 03/19/2008-Ground Lease
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 25, 2008
TO:
Reggie Paros, Director
Housing & Community Development
FROM:
Stacy DeVane
Executive Assistant
Pamela G. Han~
Deputy Clerk LY
ATTN:
At the February 20, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
First Amendment to Ground Lease Agreement between Monroe County and Sea Grape
Apartments, L TO, to extend the deadline to commence construction of project. Enclosed is a
certified copy of the First Amendmentfor your handling.
Deed of Conservation Easement in favor of the South Florida Water Management District
for Sea Grape Apartments, LTD. Enclosed is a duplicate origina/for your handling.
At the March 19,2008, meeting the Board granted approval and authorized execution of a
Second Amendment to Ground Lease Agreement between Monroe County and Sea Grape
Apartments, LTD. Enclosed is a duplicate origina/for your handling.
Should you have any questions please do not hesitate to contact our office.
cc: County Attorney
Finance
File/
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SECOND AMENDMENT TO GROUNIj) LEASE AGREEMENT
(Sea Grape Apartments Phase I)
THIS SECOND AMENDMENT (hereinafter "Amendment 2") to the Ground Lease
Agreement (herein~ft~r "Lease")>> mad~ and entered into in Key West, Monroe County,
Florida, on this .L1... '1iay of ~ , 2008, by and between MONROE
COUNTY (hereinafter "Lessor") and SEA GRAPE AJl>ARTMENTS, LTD., a Florida
limited partnership (hereinafter "Lessee").
RECITALS
WHEREAS, the parties entered into the Lease dated September 28, 2007 and
recorded in Official Records Book 2323 at Page 795; and
WHEREAS, the purpose of the lease is to allow Lessee to construct and manage 56
units of affordable rental housing known as Sea Grape Apartments Phase I; and
WHEREAS, Lessee has not received the devel9pment approvals necessary to
commence construction, including but not limited to those required from environmental
agencies such as South Florida Water Management District and Army Corps of Engineers;
and
WHEREAS, Lessee is willing to take all res(ponsibility for applications for
development necessary to proceed with construction of the affordable housing;
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Section 9.04 of the Lease is added as follows:
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Lessee shall make all applications for building and environmental permits and
" JllIrmits of any other type and nature required for the Project. Lessor designates
, " l;;!issee to make such applications on its behalf and Will cooperate in the execution of
"'~any documents necessary to complete the applications. Lessee shall be solely
':f~ponsible for the content and accuracy of all stich applications and shall hold
. C;~rmless and indemnify Lessor for any errors, ~tatements, and representations
"..: '.5 made !n.a.nY such applications. Lessee shall indemn. ify and hol~ harmless Le~so~for
,,: u ~ actIVIties performed or not performed by Lessee, for any of Its acts or omiSSIOns
~( @d those of its contractors, agents, employees a'nd servants as required by any
Cl permitting agency. Lessee shall abide by any ptlrmit requirements, conditions,
encumbrances or restrictions of any kind on the re~l property which is the subject of
this Lease. The conditions of any permit shall be r~quired in any contract between
Lessee and its contractors and sub- contractors. Direct costs associated \\oith permits
including fees, fines, mitigation and penalties shall be the obligation of the Lessee.
Page 1 of 2
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2, The remaining terms ofthe Lease, not inconsistent herewith, shall remain in full force
and effect-
......".J.: ~~~. ...... <If..'Ji'Ji'.NESS WHEREOF, the Lessor and the Lessee have hereunto set their hands
. ,/ a~<t\~~:~f~e day and year above written.
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'.' ';~,~hrJ:is1\$;~~ L KOLHAGE, CLERK
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE / f' 12
The foregoing instrument was acknowledged before me this R day o~~
2008, by Lloyd J, Boggio, as President of and for TCG Sea Grape, LLC; a Florida limited liability company, the
gener~artner of Sea Grape Apartments, Ltd" a Florida limited partnEtship, on behalf of both entities, who is
[ Wersonaily known to me, or who [ ] has produced a drivers license as
identification. .m.....nIl1U:
..n....."r~E..N..E..~:.."l'SA...R.SANCHEZ :
: MAR", !V'" :
: _".' eomnUi 000689789 ~
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Morl..._ Q
Printed Name
(as to Lessee)
Notary Public
Print Name:
My Commission expires:
Seal
MONROE COUNTY ATTORNEY
APPRO 0 AS TO FORM:
Page 2 of 2
N M, GRIMSL
T COUNTY ATTORNEY
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By:
LESSOR: MO
JOINDER OF MORTGAGEE
The undersigned, Wachovia Bank, National Association, as Mortgagee (the
"Mortgagee") under that certain Leasehold Mortgage given by Sea Grape Apartments,
Ltd., a limited partnership, in favor of Mortgagee, dated September 26, 2007 and
recorded in Official Records Book 2323 at Page 852 of the Public Records of Monroe
County, Florida, covering all/or a portion of the premises which are described in the
foregoing Second Amendment To Ground Lease Agreement, does hereby consent to
the terms and conditions contained therein.
IN WITNESS WHEREOF, these presents have been ex uted this l~
dayof ~ ,200
j'dS;" I A / ~- - HOVlA BANK, N,'o",' As od,lioc
P';ctN'mdI!~~_f(,"'>Q N'me_ ..,m, ~ \),w" YL
N J YLJv- Title:.l_J\I\AA~-(::)U'<j ~~\~~
Print Name: Nt"" De.."Jo '"
STATEO~OIfft~ )
COUNTY OF ~~0t1~)
BEFORE ME, the undersigned this day appeared
'TR~</" ~c..s:, Tl\: known by me to be the u n ~\(~L of Wachovia
Bank, National Association and she/!J.e acknowledged ,to an before me that she/~
executed the said instrument, acting in her/his said official capacity, for and as to the act
,
and deed of said association and in its name, for the uses and pUjlPo es therein
mentioned, and after being duly authorized and directed. She/he is: personally
known to me, or [] produced as identificatio .
IdJVITNESS my hand and official Seal in the County and State aforesaid, on this,
the JL-oaay of -'M~ ,2008.
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ry Public V,r.c..et\..{- M. Sq~
My Commission Expires:
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(ii' . Notary Public, Nor1h Carolina
" VINCENT M. SEROCK
_'" Mecldenburg CounIy
My C 'mmisS\on Expires Jan. 14, 2009