1st Amendment 02/17/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 3,2010
TO:
Christine Hurley, Director
Growth Managelnent Division
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A TTN:
Mayra Tezanos
Executive Assistant
FROM:
Isabel C. DeSantis, D. C.
At the February 17,2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
Interlocal Agreement between Monroe County and the City of Marathon providing for
coordination and participation in the Florida Fish and Wildlife Conservation Commission Pilot
Program for anchoring and mooring.
Interlocal Agreement between Monroe County and the City of Key West providing for
coordination and participation in the Florida Fish and Wildlife Conservation Commission Pilot
Program for anchoring and mooring.
First Amendment to the Lease Agreement between Monroe County and Habitat for
Humanity of Key West and the Lower Keys, Inc. to extend the term of 100 years and eliminate
the annual $10.00 rent in order to comply with Florida Statute Sec. 196. 199(2)(b) to carry out the
original intent of the parties in regard to the property tax liability of the Lessee in order for the
building to be taxed as real property instead of tangible property for real estate located at 5530
3rd Avenue, Stock Island (RE#00126970-000000).
First Amendment to the Occupancy and Ground Lease Agreement between Monroe
County and Habitat for Humanity of Key West and the Lower Keys, Inc. to extend the term of
100 years and eliminate the annual $10.00 rent in order to comply with Florida Statute Sec.
196-199(2)(b) to carry out the original intent of the parties in regard to the property tax liability
of the unit owners and to benefit the unit owners by allowing a homestead exemption and all
other exemptions allowed by law, and allowing the dwelling units to be taxed as real property
instead of tangible property for real estate located at Emerald Drive, Sapphire Drive and U.S. 1
(RE#00156320-000000).
Enclosed are two fully executed duplicate originals of each document above for your
handling. Should you have any questions please do not hesitate to contact my office.
cc: County Attorney
Finance
File
PREPARED BY AND RETURN TO:
SUSAN GRIMSLEY
MONROE COUNTY
2798 OVERSEAS HIGHWAY
MARATHON, FL. 33052
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FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE
TillS FIRST AMEND~~ TO OC ANCY AGREEMENT AND LEASE (First
Amendment), dated this ~ay of 2010, is made by and between Monroe
County, a political subdivision of the State of Florid Lessor) and Habitat for Humanity of Key
West and the Lower Florida Keys, Inc. , a Florida non-profit corporation (Lessee).
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain 99-year Lease (Lease) dated May 20,
2009, for the property legally described as Part of Tract B, Porpoise Point, Section 5 on Big
Coppitt Key, Mile Marker 10.5 Bayside, at the corner of Emerald Drive, Sapphire Drive and US
1, Monroe County, Florida, having RE# 00156320-000000, for the development of twelve (12)
affordable housing dwelling units, said Lease being recorded in Monroe County Public Records
at Official Records Book 2431 at page 739; and
WHEREAS, in drafting the Lease an Annual Base Rent in the amount of Ten Dollars ($10.00)
was included in the Lease as said language was considered usual and customary for consideration
in a deed or lease; and
WHEREAS, Lessor and Lessee desire to amend the Lease to provide that there shall be no rent
payable under the Lease, the intent being that the Lease will comply with Florida Statute
196. 199(2)(b ); and
WHEREAS, Lessor and Lessee desire to amend the Lease to also provide that the initial term
shall be one hundred (100) years in order to be taxable as provided under Florida Statute
196.199(7) ;
NOW, THEREFORE, in consideration of the 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. The recitals contained herein are true and correct and incorporated herein by reference.
2. The Lease is presently valid and in full force and effect.
3. In Article I Definitions, the definition of the word "Term" shall be amended as follows:
"Term" means the Commencement Date and continuing for One Hundred (100) years thereafter,
plus any agreed upon extension of this Lease, and unless otherwise permitted by Lessor, all
Subleases and rights or interests granted thereunder shall terminate at the end of the Term.
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4. Section 3.01 Term shall be amended as follows:
Term: To have and to hold the Demised Premises for a term of One Hundred (100) years
commencing on the Commencement Date and ending One Hundred (100) years thereafter, both
dates inclusive, unless sooner terminated or extended as hereinafter provided (the Termination
Date). Lessee shall be given possession on the Effective Date and the terms and conditions set
forth herein shall be binding on the parties as of the Effective Date. Lessee shall have the right to
occupy the Demised Premises as of the Effective Date in order to allow Lessee to commence
construction as well as other activities related to the development and construction of the Project.
As herein set forth, the Term will not commence until an Affordable Housing Unit is completed
and a Certificate of Occupancy has been issued for that Affordable Housing Unit, said date to be
evidenced by the Commencement Date Agreement that the parties will, upon completion of
construction of the first Affordable Housing Unit, execute in substantially the same form as that
set forth in Exhibit C hereto, reflecting a term of One Hundred (100) years.
5. In Article I, Defmitions, the defmition of "Rent" is hereby deleted and notwithstanding
anything contained in the Lease to the contrary there shall be no annual base rent due. However,
obligations for any other payment considered as additional rent and any other financial
obligations provided for in the Lease shall remain in full force and effect.
6. Section 4.01 of the Lease is hereby deleted to provide that there shall be no base rental
payments due pursuant to this Lease so that the leasehold shall be taxed as real property with an
ownership interest in Lessee or sub-lessees.
7. The effective date of the terms of this First Amendment shall be August 19, 2009, to reflect the
original intent of the parties; therefore application is retroactive.
8. Except as expressly modified by the First Amendment, all terms and conditions of the Lease
remain in full force and effect, binding upon the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREO~ the under~ed executed this First Amendment to OCcupancy
Agreement and Lease this J7 ~ay of f-lL-~. ,2010.
LESSOR:
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy
(SEAL)
ATTEST:DANNY L. KOLHAGE, CLERK
~C.~
Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
Be it known, that on the .3t~day of fl\CVL. ,2010, before me, a Notary Public in and for
the State of Florida, County of Monroe, duly commissioned and sworn, personally came and
appeared ~J\\tti'lItJfI~hy, as Mayor of Monroe County, to me personally known. In testimony
whereok.~~~~~4ubscribed my name and affixed my seal of office the day and year last
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AND THE LOWER FLORIDA KEYS, INC.
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subscribed my name and affixed my seal of office the day and year last above written.
(Seal)
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