1st Amendment 02/27/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 3, 2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assista~
Pamela G. Hanc~.C.
A TTN:
At the February 27, 2009, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Lease Amendment # 1 between Monroe County and MW &
JC LLC at 3134 Northside Drive.
Enclosed is a two duplicate original of the above-mentioned for your handling. Should
you have any questions please feel free to contact our office.
cc: Finance
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LEASE AMENDMENT #1
THIS AMENDMENT, is entered on February 27, 2009, between MW & JC LLC, hereinafter
referred to as the "Lessor" and Board of County Commissioners for Monroe County, hereinafter
referred to as the "county" or "Lessee".
WHEREAS, on February 20,2008, the parties entered into a lease agreement for
premises at 3134 Northside Drive for the use of the Monroe County Health Department; and
WHEREAS, that lease was entered for one year with the expectation that a governmental
entity would be able to purchase the premises prior to the expiration of the lease; and
WHEREAS, it is desired to continue the lease due to the inability of such a purchase to be
executed; now therefore
IN CONSIDERATION of the mutual promises and consideration contained herein, the parties
agree to extend and amend the lease dated February 20, 2008, as follows:
1 . Section 1, Paragraph 1 "Property" shall be amended to delete "the known as the
Community Health Center" and replace that language with "known as HealthCareCenter."
2. Section 4, Paragraph 1 "Rent" shall be amended, effective for the period beginning March
1, 2009 to read:
"A. For the use of the property, the LESSEE must pay the LESSOR the sum of $6,500.00
per month, $78,000 per annum, due in monthly installments payable in arrears upon receipt
of a proper invoice pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida
Statutes, et. seq. Rent payments shall be sent to:
Mark Whiteside, M.D.
MW & JC, LLC
3134 Northside Drive
Key West, FI. 33040."
3. Section 5, Paragraph 1 "Option to Purchase" is hereby deleted in its entirety.
4. Effective March 1, 2009, Section 11, "Maintenance," last sentence shall be amended to
read:
"LESSOR is responsible to maintain and repair the exterior walls and roof of the building, as
well as the electrical wiring, the plumbing system serving the property, and the air conditioning
and heating condensers, air handler units, ducting and vents and any other air conditioning
equipment."
5. A new section 32 shall be added, effective March 1,2009, to read:
32. "SPECIAL PROVISIONS". This lease may be renewed on a yearly basis for no more than
two years beyond the execution of this amendment. Each renewal shall be confirmed in writing
no less than ninety (90) calendar days prior to lease end date. This lease may be terminated by
either party no less than ninety (90) calendar days notice in writing to the other party, without
cause, unless a lesser time is mutually agreed upon in writing by both parties."
Lease Health Dept Addendum 2009
6. This amendment shall begin on March 1, 2009, and end on February 28, 2010.
All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
7. All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
8. This amendment is hereby made a part of the contract.
IN WITNESS WHEREOF, the parties hereto have caused this one page amendment to
be executed by their officials thereunto duly authorized.
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MW & JC, LLC
TITLE:
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NAME:
DATE:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY(]~~
Dep6ty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (LESSEE)
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By I
Mayor/Chairman
Date
Lease Health Dept Addendum 2009
2