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HomeMy WebLinkAbout1st Amendment 02/18/2009 DANNY L. KOLHAGE CLERK IOF THE CIRCUIT COURT DATE: February 20, 2009 TO: Suzanne A. Hutton County Attorney A TTN: FROM: Kathy M Peters Executive Assista~ Pamela G. Hanc~C. At the February 18, 2009, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the First Amendment to Lease for the Public Defender office space:, in order to add 570 square feet, between Monroe County (on behalf of Public Defender) and Strombus Corporation. This change will increase the monthy rent by $1,920.58 per month bt~ginning March 1,2009. The Public Defender has agreed to pay for any construction out of its current budget. However, the rent increase does represent an increase in the Public Defender's budget for this Fiscal Year. Enclosed are two duplicate originals of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: Finance File t,/ FIRST AMENDMENT TO LEASE BETWEEN STROMBUS CORPORATION AND MONROE COUNTY~ FLORIDA ~ ON BEHALF OF PUBLIC DEFENDER OFFICES 'fi! THIS FIRST AMENDMENT TO LEASE is made and entered into on the I day of L~~ ' 2009, amending that certain Lease, dated February 24, 2006, between t the BOJUU) OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, on behalf of the Public Defender ("Tenant"), whose address is 1100 Simonton Street, Key West, Florida 33040, on behalf of the Public Defender, and STROMBUS CORPORATION, a Florida Corporation ("Landlord"), whose address is 17131 Marlin Drive, Sugarloaf Shores, FL 33040. WHEREAS, Tenant entered into a lease agreement dated February 24,2006 with Landlord, for premises located at 801 Eisenhower Street, Key West, Florida, to house the offices of the Public Defender; and WHEREAS, Landlord has an additional 570 square feet of space available in the building at 801 Eisenhower Street; Key West, Florida, and WHEREAS, Tenant wishes to lease the additional space from Landlord; now therefore, IN CONSIDERATION of the lllutual promises and covenants contained herein, it is agreed as follows: 1. Paragraph 1 of the Lease shall be deleted and the following shall be added to and become a new Paragraph 1 "Leasehold Premises" section to the Lease: "1. LEASEHOLD PREMISES. Landlord hereby leases unto Tenant, and Tenant hereby leases from Landlord, 5,515.83 square feet of commercial space comprising a portion of those premises which are located at 801 Eisenhower Drive, Key West, Florida, depicted on a sketch of the Premises (the "Premises") attached hereto as Exhibit "A" to First Amendment to Lease, and including parking spaces at 801 Eisenhower for use of the Tenant." 2. Commencing March 1,2009, Tenant shall pay rent in the amount of$18,595.25 per month through March 31,2009, which is the end of Third Year of the Lease term. Rent will adjust annually on the first day of the Fourth Year of the Lease (Apri11, 2009 through March 31, 2010), and again on the first day of the Fifth Year of the Lease (April 1, 2010 through March 31, 2011) as referenced on the Lease Summary Page, a copy of which is attached hereto as Exhibit "B". 3. Notwithstanding the language of Paragraph 8 of the Lease, Landlord consents, but shall incur no liability in connection with, or costs related to, alteration of the Premises, as outlined on Exhibit "C" attached hereto. 4. The remaining terms of the Lease not inconsistent herewith, shall remain in full force and effe:ct. IN WITNESS WHEREOF Tenant and Landlord have executed this First Amendment to Lease on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SBAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B~~~~ 'oJ~,~ Mayor George Nell~nt Datef E B 1 8 2uu~ Attest: DANNY L. KOLHAGE, CLE~ 4~ By:~J~ Dep~ty. crF Date: FES 1 8 :UU'J C N WI --1 0:: Lt') ell u... 0 .. 4:;-: ~ (X) (..) ::r:: (.,) ...... W s: -it 'z 0:: -=: 01 cc __) ex:: ~:uo 0 _~x.::o 0 N lL. ""l- c.:: Ll..t 0 ffi -:....: W C;j $::-10::: w ...... . (..) % --1 CI"'\ <1: 0 g C) ....- lI- ii- C"'oot Landlord: STROMBUS CORPORATION By: Date: ~ - cy - ocr lVi~~fp~<~ "j' ''- ;\J1Y ,0, !i7S2' ; . hLVeD AS u(~ r' " I .. ,,' ..ll::.,..-,~~e ~Ar!LE:!:_hi\': Vi,:' :.I~' .'.f'\ ASSISTANT ( j' '. , Date----c2-~~9,,-:.Ho '7 ' \ \ \ \ \ \ \ \ \ ~n~ : \ \ \ '1\ I :\ ~ \ ~\ ~\ \ \ \ \ \ \ \ I \ EXHmIT "A" TO FIRST AMENDMENT TO LEASE ------ - - - - - - -_\ \ \ \ \ \ ;:0 f -0 RAMP \ \ I I \ \ \ ill LOADING AREA (50' x 12') J I 6 d I1.n.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ....D.d 801 Eisenhower Drive, Key West, FL First Floor Monroe County Public Defender i----~------~ I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I ----- "'" ----------------\ :z: o I I I I I I I \ L 801 Eisenhower Drive, Key West, FL Second Floor Monrole County Public Defender -~. 7 --- EXHIBIT "B" TO FIRST AMENDMENT TO LEASE LEASE SUMMARY PAGE LAHDLO:RD: STROMBUS CORPORATION, a Florida Corporation AnDRES;! ; 17131 Marlin Dr. Suqarloaf Shores, FL 33042 TEWANT ; MONROE COUNTY on behalf of the PUBLIC DEFENDER PROPER~~Y LOCATIO. = 801 Eisenhower Drive, Key West, Florida 33040 TERM OJtlGIHAL; Five (5) Years, commencing April 1, 2006 and ending March )1, 2011. UNT: }'IRST YEAR: $185,000.00 annual renti $15,416.67 per month SECOND YEAR: First year rent amount plus 4% increase or CPT increase for the preceding 12 months, whichever is higher. 'I'HIRD YEAR: Second year rentarnount 12..~~ 4 % increase or cpr increase for the preceding 12 months, whiohever is higher..!. FOURTH YEARl Thi.rd year rent a.mount plus 4% increase or CPI increase for the preceding 12 months, whichever is higher. FIFTH YEAR: Fourt.h year rent amount plus 4% increase or CPI increase for the precedinq 12 months, whichever i5 higher. SBCURIT'r nBPOS I If : NA PUItPOSEt ~iI\ny cOl1mlercial use, properly permitted and licensed by the City of Key West, and/or any other applicable governmental agency. PRBPARA~rIOH OF PRBNISES~ I1As Is" RECEIVED FEB 2 R 7nn~ MONROE COUNTY ATTORNEY 801 lii.$enhowcr 1 EXHmIT "C" TO FIRST AMENDMENT OT LEASE APPROVED TENANT'S WORK Construction of an interior wall on the northeast side of the Premises separating Tenant's space from space occupied by Chicago Title Insurance Company, including installation of a double locking security door.