1st Amendment 04/21/2010
DANNY 1~. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
May 10,2010
TO:
Christine Hurley, Director
Growth Management Division
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc{J;c.
A TTN:
At thle April 21, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
First .Amendment to the Occupancy Agreement and Ground Lease between Habitat for
Humanity of the Upper Keys, Inc. and Monroe County to extend the term to 100 years and
eliminate the annual $10.00 rent in order to comply with Florida Statute Section 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 buildings to be taxed as real property instead of tangible property for real estate
located in I<~ey Largo (RE# 00554720-000000, 00554720-000100) on which fourteen (14)
affordable housing units will be built. Enclosed is a duplicate original.
First .Amendment to the Occupancy Agreement and Ground Lease between Habitat for
Humanity of the Upper Keys, Inc. and Monroe County to extend the term to 100 years and
eliminate the annual $10.00 rent in order to comply with Florida Statute Section 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 buildings to be taxed as real property instead of tangible property for real estate
located in I<~ey Largo, at 98970 Overseas Highway Key Largo (RE# 00522220-000000).
Enclosed is Q' duplicate original.
Local Agency Program (LAP) Agreement with the Florida Department of Transportation
(FDOT) which provides funding from the National Scenic Byways Grant Award for the Florida
Keys Scenic Highway Interpretive Panels project. Enclosed are four duplicate originals,
executed on behalf of Monroe County, for your handling.
Should you have any questions please do not hesitate to contact my office.
cc: County Attorney wlo documents
Finan~e w/o LAP
FileJ
PREPARED BY AND RETURN TO:
SUSAN GRIMSLEY
MONROE COUNTY
2798 OVERSEAS HIGHWAY
MARATHC)N, FL. 33052
FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE
Tms FIRST AMENDMENT TO OCCUP~4Y AGREEMENT AND GROUND LEASE
(First Alnendment), dated this ZI.4t day of ~ , 2010, is made by and between
Monroe County, a political subdivision of the Stat of FlorIda (Lessor) and HabItat for HumanIty
of the Upper Keys, Inc., a Florida non-profit corporation (Lessee).
WITNESSETH:
WHERlCAS, Lessor and Lessee entered into that certain 99-year Lease (Lease) dated May 20,
2009, for the property legally described on Exhibit A attached having RE# 00554720-000000 and
RE#00554720-000100, known as 104 First Street, Key Largo, Monroe County for the
developnlent of Fourteen (14) affordable housing dwelling units, said Lease being recorded in
Monroe C~ounty Public Records at Official Records Book 2414 at Page 490; and
WHEID~AS, 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
WHERI:AS, 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
WHERE:AS, 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, l~HEREFORE, 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" llleans 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.
4. In Article I Definitions, the definition of the term "Affordable Housing Unit" shall be amended
as follows:
Page 1 of3
"Affordable Housing Unit" shall mean a residential housing unit that meets the moderate
or lesser income requirements set forth in applicable sections of the Monroe County Land
Development Regulations, as may be amended from time to time without limitation of Lessor's
complete legislative prerogatives, said restrictions to encumber the Property for the term of the
One Hundred (100) year lease. The singular includes the plural and the plural includes the
singular when referenced herein.
5. 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). I.Jessee 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 Ce:rtificate of Occupancy has been issued for that Affordable Housing Unit, said date to be
evidence:d 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.
6. In Alticle I, Definitions, the definition 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.
7. 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.
8. All other terms of the Lease referring to a ninety - nine (99) year lease shall reflect the change
to One Hundred (1 00) Years if not specifically referenced in this First Amendment.
9. Exhibit D of the Lease shall be amended as attached as Exhibit B to reference the One Hundred
(100) year term.
10. The e:ffective date of the terms of this First Amendment shall be May 20, 2009, to reflect the
original intent of the parties; therefore application is retroactive.
11. 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 P AGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 2 of3
.
-~.
IN WITNESS WHEREOF, the undersigned. ". cute ,d. thi, · s First Amendment to Occupancy
Agreement and Ground Lease this ~day of ~ . 2010.
LESSOR:
MONROE COUNTY BOARD OF
COUN OMMISS NERS ~'($~~~
'~S')_ANNY L. KOLHAGE, CLERK
:,~"'? ; .1"; fl.-n I("\,J AJ,
"~L,~
/
Be it known, that on the /0,,* day of i11::t, . 2010, before me, a Notary Public in and for
the State of Florida, County of Monroe, y commissioned and swom, personally came and
appeared Sylvia J. Murphy, as Mayor of Monroe County, to me personally known. In testimony
whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last
above written.
l .~f,I'~"'" PAMELA G. HANCOCK //
!.~~.~~ MYCOMMISSIONIOD739412 '&,' "-- 1~
(Seal) ~~.. .ji EXPIRES: February 7, 2012 ~ .. NOTARY BLIC
~~Rf.: ~ Bonded ihru Notary Pubtlo Underwrltlrs l
LESSEE:
HABITAT FOR HUMANITY OF THE UPPER
KEYS, INC.
Witness:
(l)~~~
PrintName S~~~~'f\~L 'S C\~r~
(2)----D-Y 0 .~
Print Name () I (C ~ B \..L ~t"€\-
resident
J. Daniel McAfee
Print Name
J~~a
Exe tive bit - or .;<: C1 ~
Print Name Jack Neidbalski ,:.;,? ~ ~:;:a =
~~:~~~ 3!
STATE ()F FLORIDA -<
COUNTY OF MONROE .-:.. c: ~ 0
Be it known, that on the Lday of /JrrJr;' . 2010, before me, a Notary ~ an~
for the S~ of FI9Qda, Co~ of M~~ulY commissioned and sworn, personal1~ ~ an~
appeared ~~ ~A<ez. '. ~ ~ ~ .~\s"- ~ to me personally known or who ptellide4-
.-:; L. l>-t.\,~s L.~CJL.-~ as identification. In testimony whereof: I have hereunto
subscribed my name and affixed my seal of office the day and year last above written.
(Seal)
~"".'..""''''''''''''M
~~~~~,.. 1V~O~~'S~~~=:~;~ 17
~~A~
"'/vrl~.';' EXPIRES February 08. 2013
('~',-,~ ,_ Florida NotarySe rvlC8. com
~~ ~~
~..~ - - ..~~
Page 3 of3
."
-
r-
f11
o
-"
o
::0
::0
rT1
n
o
::0
o
Exhibit A
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to -the Plat thereof, as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County, Florida
being more particularly described as follows:
Beginning at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
Northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southeasterly direction along the arc, of a
curve concave to the South, having a radius of 25. 00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a .
distance of 39.28 feet; thence run in a Southeasterly'
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds from
the last described course for a distance of 44.50 feet;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds from the last described
course for a distance of 47.97 feet; thence run with a
deflection angle to the l~..f:t of 90 degrees 00 minutes 00
seconds from the last desciibed course for a distance of
62.50 feet; thence run with a deflection angle to the left
.~f 90 degrees 00 minutes 00 seconds from the last described
.course for a distance of 75. 97 feet; thence run wi th a
c:ieflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
107.00 feet to the Northeasterly line of said Block 3;
1thence run with a deflection angle to the right of 90
ciegrees 00 minutes 00 seconds and Southeasterly along the
Northeasterly line of said Block 3 for a distance of 46.88
feet to a point of curvature; thence in a Southwesterly
c:iirection along the arc of a curve concave to the West,
having a radius of 25.00 feet and a delta angle of 89
c:legrees 59 minutes and 30 seconds --for a distance of 39.27
feet; thence run in a Southwesterly direction along the
Southeasterly line of said Block 3 for a distance of 100.00
~j:eet; thence run with a deflection to the right of 90
ciegrees 00 minutes 30 seconds from the last described
c:ourse for a distance of 250. 02 feet back to the Point of
Beginning, containing 24,990.66 square feet, more or less.
AND ALSO:
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to the plat thereof as recorded in Plat Book 1,
a.t Page 194 of the Public .Records of Monroe County,
E'lorida, being more particularly described as follows:
Commencing at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southwesterly direction along the arc of a
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.28 feet, thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet to the point of beginning of the
parcel hereinafter described, thence run a deflection angle
to the right of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 44.50 feet, thence
run with a deflection angle to the right of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 47.97 feet, thence run with a deflection angle
to the left of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 75.97 feet, thence
run with a deflection angle to the left of 90 degrees 00.
:minutes 00 seconds from the last described course for a
,distance of 107. 00 feet to the Northeasterly line of ,said
Block 3, thence run with a deflection angle to the left of
90 degrees 00 minutes 00 seconds and Northwesterly along
the Northeasterly line of said Block 3 for a distance of
28.00 feet back to the point of beginning, containing
.5994.29 square feet, more or less.
EXHIBIT D
LEITER OF ACKNOWLEDGEMENT
TO: Initial Lessee, or its assigns
Address of Initial Lessee, or its assigns
DATE:
This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to the
Affordable Housing Unit that I am purchasing. I hereby acknowledge the following:
· That I meet the requirements set forth in the Affordable Restrictions to purchase
an clffordable unit. I understand that the unit I am buying is being sold to me at a
price restricted below fair market value for my, future similarly situated persons
and Monroe County's benefits.
· That the Affordable Housing Unit that I am purchasing is subject to a loo-year
grollnd lease by and between Monroe County, a political subdivision of the State
of Florida, and (hereinafter
"Leclse") and therefore I will be subleasing a parcel of land.
· That my legal counsel, , has explained to me
the terms and conditions of the Lease, including without limitation the meaning
of the term "Affordable Restrictions", and other legal documents that are part of
this transaction. If I have not had legal counsel, I state here that I have had an
opp<<)rtunity to have obtain such counsel, understand its importance, and have
kno,Ningly proceeded to closing without it.
· That I understand the terms of the Lease and how the terms and conditions set
forth therein will affect my rights as an owner of the Affordable Housing Unit,
now and in the future.
· That I agree to abide by the Affordable Restrictions, as defined in the Lease, and I
understand and agree for myself and my successors in interest that Monroe
COUllty may change some of the Affordable Restrictions over the loo-year term of
the Lease and that I will be expected to abide by any such changes.
· That I understand and agree that one of the goals of the Lease is to keep the
Affordable Housing Units affordable from one owner to the next, and I support
this goal.
· That in the event I want to sell my Affordable Housing Unit, I must comply with
the requirements set forth in the Lease, including but not limited to the price at
which I might be allowed to sell it, the persons to whom I might be allowed to sell
it to clnd that the timing and procedures for sales will be restricted.
· That my lease prohibits me from severing the improvements from the real
property.
· That my family and I must occupy the Affordable Housing Unit and that it cannot
be relrlted to third parties without the written approval of the Lessor.
· I understand that in the event that I die, my home may be devised and occupied
by my wife, my children or any other heirs so long as they meet the requirements
Exhibit B to First Amendment to Occupancy Agreement and Ground Lease
Habitat for Humanity of the Upper Keys, Inc. dated April 21, 2010
for affordable housing as set forth in the Lease.
· That I have reviewed the terms of the Lease and transaction documents and that I
consider said terms fair and necessary to preserve affordable housing and of
special benefit to me.
· I hereby warrant that I have not dealt with any broker other than
in connection with the consummation
of the purchase of the Affordable Housing Unit.
Occupa.nt Signature
Occupant Signature
Exhibit 8 to First Amendment to Occu anc A reement and Ground Lease
Habitat for Humanity of the Upper Keys, Inc. dated pn