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HomeMy WebLinkAbout3rd Addendum 09/17/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: October 7, 2013 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Vitia Fernandez, D.C. At the September 17, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item D2 Amendment to Agreement with C.B. Schmitt Real Estate Co, Inc. to provide office and parking space for the Monroe County Tourist Development Council administrative office for an additional five (5) years with no monthly increase to current rent, and with an option to extend for an additional five (5) years with the rent to be re -negotiated at fair market rent in effect at that time. The electronic copy is attached. cc: County Attorney Finance File 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 ADDENDUM TO AGREEMENT THIS ADDENDUM to Lease Agreement is made and entered into this L79 day of 2 din , 2013 by and between C.B. SCHMITT REAL ESTATE CO. Inc. (hereinafter "Lessor*), a corporation incorporated in the State of Florida, whose address is 1201 White Street, Suite B, Key West, Florida 33040 and MONROE COUNTY (hereinafter "Lessee"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040. WITNESSETH WHEREAS, there was an Agreement entered into on December 9, 1998, between the parties, to provide office and parking space for the Monroe County Tourist Development Council administrative offices (hereinafter'TDC"); and WHEREAS, the original agreement allows for an option to extend the lease agreement for two (2) additional five-year (5) terms; and WHEREAS, there was an Addendum to Agreement entered into on November 19, 2003 to exercise one (1) of the additional five-year (5) terms; and WHEREAS, there was an Addendum to Agreement entered into on December 17, 2008 to exercise the second (2"d) additional five-year (5) term; and WHEREAS, the Lessee continues to require office and parking space for the Monroe County Tourist Development Council administrative offices (hereinafter'TDC'); and WHEREAS, the Lessor is able to continue to provide office and parking space for the Monroe County Tourist Development Council administrative offices (hereinafter'TDC"); and WHEREAS, the Monroe County Tourist Development Council recommends that the agreement be extended for a term of five (5) additional years, and seven (7) months, with an option to extend for one (1) additional five year period with the rent to be re -negotiated at fair market rent in effect at that time; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to hereby amend the agreement entered into on December 9, 1998 and amended on November 19, 2003 and December 17, 2008 as follows: 1. The following language shall be added to Paragraph 2. Term: The term of this Addendum to Lease Agreement is five (5) years and (7) months, running from March 1, 2014 through September 30, 2019 with an option to extend for an additional five (5) year period with the rent to be re -negotiated at fair market rent in effect at that time. TDC Office Lease Amendment To Agreement 2. Paragraph 4 shall read: Rent: For the use of the premises, the Lessee must pay the Lessor the sum of $8,705.60 per month (March 1, 2014 through to September 30, 2019) due in monthly installments on the first day of each month. The monthly payments shall be remitted to C.B. Schmitt Real Estate Co., Inc. 1201 White Street, Suite B, Key West, FL 33040 upon receipt of a monthly invoice. Monroe County's performance and obligation to pay under this lease agreement is contingent upon annual appropriation by the Monroe County Board of County Commissioners. Additionally, Lessee shall pay to Lessor, upon receipt of an invoice and proof of Lessor's payment of property taxes, 48% of the property taxes for 1201 White Street. Lessor shall submit to Lessee by September 1" of each year a copy of the proposed annual property tax assessment, in order for the amount of payment in the succeeding fiscal year to be established in the budget. The remaining provisions of the contract dated December 9, 1998, and amended tember 19, 2003 and December 17, 2008, not inconsistent herewith shall remain in orce and effect. Heavilin, Clerk Board of County Commissioners of Mon roeounty Deputy 61W Mayor/Chairman (CORPORATE SEAL) Attest: a c� CD c.� N CD U- LE TIC Office Lease Amendment To Agreement 2 Lessor, C.B. Schmitt Real Estate Co., Inc. By: Pr ' ent Third Pa , 3406 N h Roosevelt Blvd. Corp By: U� President MONROE COUNTY ATTORNEY AP —u ua TQ Fp,�iM: &YNTHIA L. q ASSISTA T COUNTY ATTORNEY Date - I