1st Amendment 04/21/2010
DANNY 1~. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 10,2010
TO:
Christine Hurley, Director
Growth Management Division
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanc{l;.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 K~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 a duplicate original.
Local Agency Program (LAP) Agreement with the Florida Department of Transportation
(FOOT) whi(~h 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
Finanre wlo LAP
FileJ
PREPARED BY AND RETURN TO:
SUSAN GRIMSLEY
MONROE COUNTY SUITE 401
2798 OVERSEAS HIGHWAY
MARATHON, FL. 33052
FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE
TillS FlRST AMENDMENT TO OCCUP AN Y AGREEMENT AND GROUND LEASE
(First Arnendment), dated this '2-L4t day of . , 2010, is made by and between
Monroe C~ounty, a political subdivision of the Sta e of Florida (Lessor) and Habitat for Humanity
of the Upper Keys, Inc., a Florida non-profit corporation (Lessee).
WITNESSETH:
WHERI:AS, Lessor and Lessee entered into that certain 99-year Lease (Lease) dated May 20,
2009, for the property legally described on Exhibit A having RE# 00522220-000000, known as
98970 C~verseas Highway, Key Largo, Monroe County for the development of Five (5)
affordable housing dwelling units and continued use of a commercial building, said Lease being
recorded in Monroe County Public Records at Official Records Book 2426 at Page 355; and
WHERI: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
WHERI: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, 1rHEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowlt~dged, the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and incorporated herein by reference.
2. The L(~ase 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" rneans 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 follow's:
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 ,vhen referenced herein.
5. Section 3.01 Term shall be amended as follows:
Term: l~o 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 her~~in 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.
6. In Article 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 (100) 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 PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 2 of3
.
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IN WITNESS WHEREOF, ~e undersigned ~ this First Amendment to Occupancy
Agreement and Ground Lease this z-IAt day of ~ 2010.
LESSOR:
MONROE COUNTY BOARD OF
COUNT~COMMI
~-
TATE OF FLORIDA
COUNTY OF MONROE
Be it known, that on the /O,rt.., day of f11~ . 2010, before me, a Notary Public in and for
the State of Florida, County of Momoe, ly comnussloned and sworn, personally came and
appeared Sylvia J. Murphy, as Mayor of Momoe County, to me personally known. In testimony
whereot: I have hereunto subscribed my name and affixed my seal of office the day and year last
above written.
"""":'~""" PAMElA G. HANCOCK
(."A~~ MY COMMISSION # DO 739412
~.A-i.i EXPIRES: February 7,2012
(Seal) ~~iif.~~ Bonded Thru Notary Public Underwriters
,.~
.: NOTARY UBLIC
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Print Name Jack Neidbalski):<"~~-:
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Be it known, that on the ~ day of ~: \ . 2010, before me, a Notary PUblic in and
for the State of Florida, Countr of Monroe, duly commissioned and sworn, personally came and
appeared ~",L\. ~,,~ ' Jclt.~ tJ,:d.~ to me personally known or who provided
~,--, 1k:~ ~ .L i<~~ as identification. In testimony whereof: I have hereunto
subscribed my name and affixed my seal of office the day and year last above written.
LESSEE:
HABITAT FOR HUMANITY OF THE UPPER
KEYS, INC.
Witness: .
(1) ~* ~~~
Print Name-5..N 'Yk ~ ~Q. 3 ~ v... ~\"'\
(2) (jU0 '~h l~
Print Nm:ne /J;; e re 73 ~+ '~"r-
STATE OF FLORIDA
COUNT.Y OF MONROE
(Seal) -- ..~;i-~'k",-~.C""..'" . ---__
. :...~~~..~..~ KENIE RODRIGUez"
~ : :*] MY COMMISSION # 00859117
....., ,9!'.':'(\\' ... EXPIRES February 08 2013
11407) 398-0153 FlorideN-- S' '
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Page 3 of3
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Pf'esident
J. Daniel McAfee
Print Name
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EXHIBIT A
LEGAL DESCRIPTION
A PART OIF Lot 12 in Section 32, Township 61 South, Range 39 East, according to
Model Lan~j Company Plat, recorded in Plat Book 1, Page 68, of the Public Records of
Monroe County, Florida described as follows:
Beginning at the Southwest corner of the said Lot 12, running East along the South
boundary line of the said Lot 12 for a distance of 12.4 feet to a point on the
Northwesterly boundary line of Old State Road 4A; thence with a deflected angle to the
left of 45 degrees 23 minutes, run Northeasterly along the Northwesterly boundary line
of Old State Road 4A for a distance of 155.90 feet to a point on the Southeasterly
boundary line of U.S. Highway No.1; thence at right angles and Southwesterly along
the Southeasterly boundary line of U.S. Highway No.1 for a distance of 50.0 feet to a
point on the West boundary line of the said Lot 12; thence with deflected angle to the left
of 45 degrees 23 minutes, run South along the West boundary line of the said Lot 12 for
a distance of 163.5 feet back to the point of Beginning.
AND
Lot 1 B of Block 3, of the Resubdivision of Tract (A) Harbor Shores, according to the Plat
thereof, re,corded in Plat Book 3, Page 44, of the Public Records of Monroe County,
Florida, plat of said resubdivision recorded in Plat Book 3, Page 56, of the Public
Records of Monroe County, Florida.
C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet
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EXHIBIT D
LE'ITER 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 HousiIlg Unit that I am purchasing. I hereby acknowledge the following:
. That I meet the requirements set forth in the Affordable Restrictions to purchase
an affordable 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
ground lease by and between Monroe County, a political subdivision of the State
of Florida, and (hereinafter
"Lease") 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 thle 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\yjngly proceeded to closing without it.
. That I understand the terms of the Lease and how the terms and conditions set
fortll 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
undE~rstand and agree for myself and my successors in interest that Monroe
COUIlty may change some of the Affordable Restrictions over the loo-year term of
the I~ase 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
whic"h I might be allowed to sell it, the persons to whom I might be allowed to sell
it to ;and 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 rented 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 m:y 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 <<iffordable 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
spe(~ial benefit to me.
. I hereby warrant that I have not dealt with any broker other than
in connection with the consummation
of tIle purchase of the Affordable Housing Unit.
Occupant Signature
Occupant Signature
Exhibit B to First Amendment to Occuoancy Agreement and Ground Lease
Habitat for Humanity of the Upper Keys, Inc. dated April 21, 2010