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1st Amendment 06/19/2013AMY REAVIIIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA TO: Christine Hurley, Director Growth Management Division ATTN.- Mayra Tezanos Executive Assistant FROM. • Pamela G. Hanc¢c16 - C. At the June 19, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Item G1 First Amendment to Occupancy Agreement and Ground Lease with Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for property at 8050 Bonito Drive in Marathon, RE# 00330210 - 000000, to provide for payment to County of $5,730, which the County paid for wastewater assessments on the property, in annual payments of $573.00 for ten years. Item G2 First Amendment to Occupancy Agreement and Ground Lease with Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for property at 1005 -7 75th Street in Marathon, RE# 00343090 - 000000, to provide for payment to County of $11,460, which the County paid for wastewater assessments on the duplex property, in annual payments of $1,146.00 for ten years. Enclosed is an original of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney w/o documents Finance File W 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- 851 -7146 DATE: July 3, 2013 3 PREPARED BY AND RETURN TO: SUSAN GRIMSLEY MONROE COUNTY 2798 OVERSEAS HIGHWAY MARATHON, FL. 33052 DocN 1941763 07/16/2013 12:19PM Filed ,& Recorded in Official Records of MONROE COUNTY AMY HEAVILIN Doc# 1941763 Bk #2639 Pgq 1888 FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE THIS FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE (First Amendment), dated this 19tl day of June , 2013, is made by and between Monroe County, a political subdivision of the State of Florida (Lessor) and Habitat for Humanity of the Middle Keys Community Land Trust, Inc., a Florida non - profit corporation (Lessee). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain 99 -year Lease (Lease) dated March 18, 2009, for the property legally described as Lot 2, Block 2, Paraiso Estates, according to the Plat thereof as recorded in Plat Book 5, page 2 of the Public Records of Monroe County, RE# 00343090 - 000000 known as 1005 -7 75 Street, Marathon, Florida for the development of two deed restricted affordable housing dwelling units, said Lease being recorded at Monroe County Public Records at Official Records Book 2408 at Page 1375; and WHEREAS, Monroe County and the City of Marathon entered into a Wastewater Connection Agreement dated November 20, 2012, wherein the County paid the assessments for the wastewater connection fees for all property owned by Monroe County within the City of Marathon including the Leased Property, for which the assessment was $11,460.00 for the two dwelling units; and WHEREAS, Section 6.01 of the Lease requires the Lessee to pay all assessments, which obligates the Lessee to pay Monroe County the amount of $11,460.00 as additional rent as set forth in Section 6.01; 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. There shall be additional rent in the amount of $11,460.00 to pay the assessment for the wastewater connection fee which was paid by Monroe County to the City of Marathon. This amount shall be paid at the rate of $1,146.00 for ten years commencing December 1, 2013. Payment shall be made to Director, Monroe County Budget and Finance, 1100 Simonton St., Key West, FL 33040. 4. Except as expressly modified by this First Amendment, all terms and conditions of the Lease remain in full force and effect, binding upon the parties. H for H 1 51 amendment Lot 2 block 2 75' st ` - • A J Doc# 1941763 MI 2639 Pg# 1889 Clerk HABITAT FOR HUMANITY OF THE MIDDLE KEYS, INC. ayor George eugent Deputy ^` ^ UNTY ATTORNEY J D AS TO'FOR Date LESSEE: - LESSOR: �. MONROE COUNTY BOARD OF COUN COMMISSI NERS Witness: ME Print Name 'I t�) r cpS (2) n � Print Name -- i " W e XIII - '1C7 X Y ew STATE OF FLORIDA COUNTY OF MONROE y President l Print Name Executive Director Print Name 6i�W1,5 r /�a-b y �N TR Be it known, that on the day of H A - q 2013, before me, a Notary Public in and for the State of Florida, County of Monroe, duly commissioned and sworn, personally came and appeared rt' I a-{ J/j DU D 6 A) President, and yo u ar � Executive Director, of Habitat for Humanity of the Middle Keys, Inc., to me personally known or who provided 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) V GUADALUPE MARZOA Notary Public - State o1 Flo rida 1 My Comm. Expires Nov 29 N ry Public Commission # EE 136710 H for H I' amendment Lot 2 block 2 75'" st MONROE COUNTY OFFICIAL RECORDS