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KAli v3 *':.� 'r3 ,4',h:l CLERK OF CIRCUIT COURT & COMPTROLLER
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DATE: June 10, 2013
TO: Christine Hurley, Director
Growth Management Division
ATTN: Mayra Tezanos •
Executive Assistant
4
FROM: Pamela G. Han*•ck;P.C.
At the May 15, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item H4 Third Amendment to Occupancy Agreement and Ground Lease
between Monroe County and Habitat for Humanity of the Upper Keys, Inc. to allow Lessee to plat the
leased property for the construction of seven single family homes and act as agent for Monroe County,
Lessor and Owner.
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 w/o document
Finance
File
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500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
THIRD AMENDMENT
TO
OCCUPANCY AGREEMENT AND GROUND LEASE
This Third Amendment to Occupancy Agreement and Ground Lease (Third Amendment)
dated this 15 day of May 2013, 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
amended the Lease to be for 100 years with no rent due; and
Whereas, there was a Second Amendment to the Lease dated March 21, 2012 which
changed the number of units to be built on the property from fourteen (14) attached
dwelling units to seven (7) unattached single family units, and changed the date of
issuance of certificates of occupancy to June 1, 2018; and
Whereas, the parties desire to subdivide and plat the Demised Premises into seven (7)
separate parcels in order to convey each parcel with one single family unit for sale or rent,
and
Now, Therefore, the undersigned parties agree as follows:
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 seven
(7) unattached single family units 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 platting approvals, 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. If Initial Lessee desires to plat the property, it may act as agent for
Lessor as the owner of the property.
3. Section 14.01(d) of the Lease shall read as follows:
(d) The Initial Lessee shall apply for and prosecute, with reasonable diligence, all
0
necessary approvals, permits and licenses required by applicable governmental
authorities for the construction, development, zoning, use and occupation of the
Project, including platting as required to sub - divide the Demised Premises. Lessor
agrees to cooperate with and publicly support the Initial Lessee's effort to obtain
such approvals, permits and licenses, provided that such approvals, permits and
licenses shall be obtained at Initial Lessee's sole cost and expense. Nothing in this
Lease is intended to or shall be construed to obviate or lessen any requirements for
customary development approvals from any permitting authority, including the
Lessor. Nothing in this Lease shall be construed as the Lessor's delegation or
abdication of its zoning authority or powers and no zoning approval that Initial
Lessee may require to complete its performance under this Lease has been or shall
be deemed agreed to, promised or contracted for by this Lease.
4. Except as expressly modified by this Third Amendment, all terms and
conditions of the Lease and First and Second Amendments thereto are in full force
and effect and are binding upon the Parties.
IN WTNESS WHEREOF, the parties have executed this Third Amendment.
LESSOR:
MONROE COUNTY BOARD OF
COUNTY,20MMISSIONERS
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George Neugent
LESSEE:
HABITAT FOR HUMANITY OF THE UPPER KEYS, INC.
Witness:
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MONRQ&COUNTY ATTORNEY
PP OVED AS TO FO M
Date:
STATE OF FLORIDA
COUNTY OF MONROE
Be it known, that on the day of April, 2013, before me a Notary Public in and for
the State of Florida, duly commissioned and sworn personally came and appeared
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to me me personally known or who provided as identification.
In testimony whereof, I have subscribed my name and affixed my seal of office of Notary
the day and year written. d /"?
otary Public
t �rtv p"B PATRICIA GESSEL
* * MY COMMISSION t DD 998536
EXPIRES: June 30, 2014
af ''F OF �pe�` Balled Thu Budget Natuy Services
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 left of 90 degrees 00 minutes 00
seconds from the last described 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 to 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
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.