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2nd Amendment 03/21/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 10, 2012 TO: Christine Hurley, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant FROM: Pamela G. Hanc • At the March 21, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of J4 a Second Amendment to Occupancy Agreement and • • Ground Lease with Habitat for Humanity of the Upper Keys for property on First Avenue in Key Largo, reducing the number of units from fourteen (14) to seven (7) with completion June 1, • 2018. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. • cc: County Attorney Finance File ✓ • r k. PREPARED BY AND RETURN TO: Doca 1893459 07/31/2012. 9:12AM . SUSAN GRIMSLEY Filed &Recorded in Official Records of MONROE COUNTY MONROE COUNTY DANNY L. KOLHAGE. 2798 OVERSEAS HIGHWAY Doca 1893459 MARATHON, FL 33052 SECOND AMENDMENT Bka 2581 POI 2478 TO OCCUPANCY AGREEMENT AND GROUND LEASE This SecondbliendmenIto Occupancy Agreement and Ground Lease (Second.Amendment) dated thisar ay of / 012, is made by and between Monroe County(County),a: political subdivision of the State of Florida (Lessor)and Habitat for Humanity of the Upper Keys, Inc., (Habitat) 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 on Exhibit A attached, known as 104 First Street, Key Largo, Monroe County for the development of fourteen (14) affordable housing dwelling units(units),said Lease being recorded in OR Book 2414 at Page 490; and Whereas,there was a First Amendment to the Lease dated April 21, 2010, which changed the • term and the rent; and. Whereas, Section 14.01 of the Lease required building permits be issued for the units by June 1, 2011 and certificates of occupancy issued by August 1, 2012; and Whereas,the parties desire to change the number of units to be built on the property and the date of issuance of certificates of"occupancy; Now,Therefore, the undersigned parties agree as follows: 1. The Lease is currently valid and no actions for default have .been commenced by County. 2. The definition of the term"Project" in Article I of the Lease is as follows: - "Project' shall mean the required development of the Demised Premises for a seven (7) unit complex for sale or rent for moderate to low income affordable employee housing,_ primarily the required construction of Affordable Housing Units as set forth in Article XIV, but also including related infrastructure ; securing of required development approvals and permits, financing for the construction for the Affordable Housing Units, marketing/renting of the Affordable Housing Units and creation of any required governing Association. 3. Section 14.01(a)of the Lease shall read as follows: (a) Initial Lessee shall commence construction of the Project any time after the date of execution date of this Second Amendment and'shall complete construction and obtain Certificates of Occupancy for all seven (7) units by June 1, 2018. The units may be constructed in phases or at one time, substantially in accordance with the site plan attached as Exhibit B, unless Lessee decides to do attached housing or duplexes to provide more open space. 4. Except as expressly modified by this Second Amendment, all terms and conditions of the Lease and First Amendment thereto are in full force and effect and are binding upon the parties. is �-`� c,IN WIT ESS WHEREOF, the parties have executed this Second Amendment. :f.,4tr.,,,,;:,,:.), vri(f,y,,.,3 i • ,- cq'',-:.LESSOI z MONROE COUNTY BOARD OF SEAL ; ..: COUNTY COMMIS TONERS ATTEST; DANNY lam. KOLHAGE, CLERK . 67 ____ Mayor David RI Deputy Clerk LESSEE: MONROE LINTY ATTORNEY HABITAT FOR HUMANITY OF THE APPR D A5 TO FO UPPER KEYS, INC. Da,,,: .1 3 _Zt_t g, Witness: (1) • ,4-L. �'4 :t -- Signatur -�^ Presid t Print Name J D V1 ► P S Print Name. CT.� /Ls.S5�p2,/) (2) Sign: e Exiff ---;7A4edi ve Dir• Print ame af Ci( V<l f-c-j- PriName All✓d" ' J STATE OF FLORIDA . COUNTY OF MONROE • .• Be it known, that on thec-2 day of/Ifiia'r , 2012, before me a Notary Public in and for 4h e(State of Flo 'da, duly commissioned and worn personally came and appeared o c2 frf aZ2:441 trier /aito� re /�54 � . wTo Rn'e personally known or who provided ,r y1 cI '' io i. ,1 as identification. In Q=tesf ,nonlijuhereof, I have subscribed m fnme and affixed my seal of office of Notary Public othecday a�d year written. L'- cc tsJ G Ate... - LL.I ',CZ: li:.:Z3...._,_:_ J �V �y ` t._ N C� t . /0,„a . Docil 1893459 MICHELE OARNONAN . Bkll 2581 Pgq 2479 a°�a`�6i��� MY COMMISSION#EE039948 EXPIRES:NOV 04,2014 70da^v Bonded through 1st State Insurance . 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 thePublic 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 fora 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 desctibed course for a distance of 62.50 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 right of 90 degrees 00 minutes 00 seconds and Southeasterly along the Northeasterly line of said Block 3 for a distance of 46.88 feet t'o ..a point of curvature; thence in a Southwesterly ' direction along the arc of a curve concave to the West, having a radius of 25.00 feet and ,a delta angle of 89 degrees 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 feet; thence run with a deflection to' the .right of 90 ' degrees 00 minutes 30. seconds from the last described - course 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, at Page. . 194 of the Public Records of Monroe County, - Florida.;;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 ' I . Doers 1893459 810 258.1 Pgfl 2480 '. . :— • • • . curve concave to the South, .having• a radius of 25.00 feet' and a delta angle of 90 degrees 01 minutea' 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 1 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 . tun 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. • • • • • • • Doc 1893459 . Bkn 2581 Pgq. 2481 t . i . ooi 'elz; . . ...m . a mzmc i . xo o-C! XI I— I - . . . - ... ma W. 1204 SF RES N . 0 W 2 DRIVEWAY PARCEL 1 rI I DRIVEWAY �•-".; F- �i-em/z-e�n� A l a 5 ooao, tl.�� PARCE 2-e j2 TM� w 13al - z DRIVEWAY - BµED/2-BATH • N a ) U h _ , m 90'-0' 7O'-0' N W lV N A • • N • PARCE #6 40 •. 52•-6- ,r-or 4r-0- 5r-e- - 1.7. 0 co { •, w e!'-o" PARCEL 4 3 Pii• .n Q 0 •1:I Dr.,/ W. • . ' . .. .. • . .' .1•1 A. • •, 1344 s 1 3-BED 'o " __ 3 . PARCELL#5 la il . DRI�IMAY `�RES m a 1� D/2-BATH �+ .\.. "....., irc at FIRST AVENUE ' . 4 . ,.....___.„ . . ,,N_.....„, . • . . . . . • ,:: SITE PLAN HABITAT FOR HUMANITY y ' ' ` 1"=30' • PARCEL "A" &"B", MANDALAY SUBDIVISION bD PRELIMINARY DEVELOPMENT,PLAN-JULY 22,2011 (MMIDD/YYYY) ACORD �, CERTIFICATE OF LIABILITY INSURANCE DATE04/03/12 PRODUCER 203-272-8220,x258 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Housing Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 189,189 Commerce Court HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cheshire,CT 05410 INSURERS AFFORDING COVERAGE NAIC# -INSURED Habitat for Humanity of the Upper Keys, Inc. INSURER A: American Alternative Insurance Corporation 19720 and Monroe County Florida INSURERS: 98970 Oversease Highway P.O. Box 2151 INSURER C: INSURER D: Key Largo, FL 33037 INSURERS: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR,ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR)NSRQ TYPE OF INSURANCE POLICY NUMBER , DATE IMM/DDIYYI DAIEIMMIDDIYYI :, GENERALLIABILITY DACHOCCURRENCE $ 1,000,000. X A 59A2CP0000565-02 05/23/11 05/23/12 AMAGETORENTED 100,000. X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE X OCCUR MED EXP(Anyone person) $ 5,000. PERSONAL&ADV INJURY $ 1,000,000. GENERAL AGGREGATE $ 2,000,000. GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OP AGG $ 2,000,000. POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY • SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ • AUTO ONLY: AGG $ ' EXCESS/UMBRELLALIABILITY : " -, : /,-. (//�`). C. EACH OCCURRENCE $ OCCUR CLAIMS MADE r,..Vl//_ V ' AGGREGATE $ DEDUCTIBLE rZ:,I% .--,._.__.. _,l._ $ RETENTION $ --- 11,1 $ -- — WC STATU- OTH- WORKERS COMPENSATION AND '"" TORY LIMITS ER EMPLOYERS'LIABILITY • E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE : OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under ' SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fungi Or Bacteria Excluded Terrorism Coverage Included 2 Units 104 1st Street Key Largo,FL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BETI5E THE EXPIRATION Additional Insured DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Monroe County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2798 Overseas Highway, Suite 400 REPRESENTATIVES. AUTHORIZED REPRESENTA Marathon, FL 33050 Y 1 ACORD 25(2001108) ©ACORD CORPORATION 1988