1st Amendment 06/17/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
July 1, 2009
TO:
Andrew Trivette, Director
Growth Management Division
FROM:
Mayra T ezanos
Executive Assista~
Pamela G. Han~.C.
ATTN:
At the June 17, 2009, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of a First Amendment to the Ground Lease Agreement
between the Monroe County Board of County Commissioners and Islander Village, LLC to
extend the time for the completion of the construction of the Affordable Housing Units by 18
months.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact our office.
cc: County Attorney
Finance
File~
PREPARED BY AND RETl'RN TO:
[RICA N. 11l(;ln:S-ST[RUNG, ESQ.
SPOTTSWOOD, SPOTTSWOOD AND SPOTTSWOOD
500 FLE'UN<; STREET
KEY WEST, FL 33040
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
~S FIRST AMENDMENT TO GROUND LEASE AGREEMENT, dated this 12 f:!.
day of .U-- , 2009, by and between MONROE COUNTY, a political subdivision of the State
of Flori a (hereinafter referred to as "Lessor"), and ISLANDER VILLAGE, LLC, a Florida limited
liability company (hereinafter referred to as "Lessee"):
WIlNESSETH
WHEREAS, Lessor and Lessee entered into that certain 99-year Ground Lease Agreement
dated the 18th day of April 2007, for the property more particularly described therein (hereinafter
"Property") for the construction and development of eighty-nine (89) affordable housing units (the
"Affordable Housing Units"), said Lease being recorded in Monroe County Public Records at OR
Book 2301, Page 365 (hereinafter "Lease"); and
WHEREAS, the parties entered into a Commencement Date Agreement dated the 18th day of
June, 2008, confirming various dates relating to the Lease, recorded in the Monroe County Public
Records at OR Book 2368, at Page 596; and
WHEREAS, the parties desire to enter into this First Amendment to Ground Lease
Agreement (hereinafter "Agreement") to extend the time for the completion of the construction of
the Affordable Housing Units.
NOW, THEREFORE, in consideration of mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the undersigned parties agree as follows:
1.
reference.
The recitals contained herein are true and correct and incorporated herein by
2.
The Lease is presently valid and in full force and effect.
3. All conditions under the Lease to be performed by the Lessee thereunder have been
satisfied and there has not been a default claimed by Lessor and, as of the date hereof, there are no
existing defenses which Lessor has against enforcement of the Lease by Lessee. Similarly, all
conditions under the Lease to be performed by the Lessor thereunder have been satisfied and there
has not been a default claimed by Lessee and, as of the date hereof, there are no existing defenses
which Lessee has against enforcement of the Lease by Lessor.
4. Section 14.01 (a) of the Lease is hereby modified to allow an additional eighteen (18)
months from the date of execution of this Amendment to substantially complete the Affordable
Housing Units.
5. Except as expressly modified by this Amendment, all terms and conditions of the
Lease remain in full force and effect, binding upon the parties.
6. Each party agrees that they have authority to sign this Agreement on behalf of each
party and represents and warrants that such person has the full right and authority to enter into this
Agreement on behalf of such party and to fully bind such party to the terms and obligations of this
Agreement.
IN WITNES~ WH~~' the undersigned executed this First Amendment to Ground Lease
Agreement this 4-~ay 0 , 2009.
LESSOR:
MONROE C UNTY BOAEJ) OF
COUNTY MMISSIONE S
By:
. (SEAL)
ArrEST: DANNrLHAGE, CLERK
By:Cl-'$ ~
, Deputy Clerk
Monroe County Attorney
Approved as to Form:
By:
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BE IT KNOWN, That on the '30 day of , two thousand and nine, befor~e. ~
Notary Public in and for the State of Florida, County of Mo oe, duly commissioned and sworn, personally
came and appeared , as Mayor of Monroe County Board of County
Commissioners, to me personally known or has produced as identification.
Assistant County Attorney
(/-(;)..-09
STATE OF FLORIDA
COUNTY OF MONROE
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office
the day and year last above written. ~ et.-J ~ ~
[Seal] NOT RY PUBLIC
m"t~~~"""''1. TERESA MARBLE
l n;; to'\, Notary Public . Stat. of Florida
r ej My Comm. Expires May 19,2013
'r.~~ Zf; Commission" DO 885270
~1-Rr. f~$""
"" ' Bonded Through National Notary Assn.
2
LESSEE: WITNESSES AS TO LESSEE:
ISLANDER VILLAGE, LLC. a Florida limited
liability company
By:7~~ ~
--.....~
Edwin O. Swift, III, Manager
STATE OF FLORIDA
COUNTY OF MONROE
BE IT KNOWN, That on the I {)~ay of ~, two thousand and nine, before me, a
Notary Public in and for the State of Florida, County of~ commissioned and sworn, dwelling in
the City of Key West, personally came and appeared EDWIN O. SWIFT, III, as Manager of Islander Village,
LLC, a Florida limited liability company, to me personally kno~ or has produced
as identification.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office
the day and year last above written.
ht~~~
NOTARY PUBLIC
[Seal]
ol'~~' MARION HOPE CASAS
i.:~:*\ Commission DO 781580
~ . ~pires July 21,2012
'~ "' Bonded lIvu Trov FIln lIlIIhlCIDa701,
3