2nd Amendment 12/11/2013AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MDNROE COUNTY, FLORIDA
DATE: February 25, 2014
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Lindsey Ballard, D. C V V?—
At the December 11 th, 2013, Board of County Commissioner's meeting the Board granted
approval of the following Item C43 Second Amendment to the Lease Agreement with the Pigeon Key
Preservation Foundation.
Enclosed is one 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 4
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
SECOND AMENDMENT TO LEASE AGREEMENT
PIGEON KEY PRESERVATION FOUNDATION
THIS AMENDMENT (hereafter Amendment) is made and entered into this 11th day of
December, 2013 by and between Monroe County, a political subdivision of the State of Florida,
whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereinafter
"County ", "Lessor" or "Owner "), and the Pigeon Key Preservation Foundation, A Florida Not -
For -Profit Corporation, P.O. Box 500130, Marathon Fl. 33050 (hereinafter "Lessee ").
WHEREAS, on the 10 of October 1993 County and Lessee entered in to a 30 year lease
for the parcel of property known as "Pigeon Key"; and
WHEREAS, on the 16` of January 2013 County and Lessee executed a lease amendment
deleting Lessee's obligation to maintain property insurance due to its prohibitive cost; and
WHEREAS, under the terms of the lease, Lessee is required to maintain the vehicle ramp
connecting Pigeon Key to the Old Seven Mile bridge; and
WHEREAS, the maintenance cost for the ramp is prohibitive; and
WHEREAS, the ramp requires refurbishment and repairs based on a lifecycle that
exceeds the terms of the basic lease; and,
WHEREAS, encumbering the Lessee with the sole financial responsibility for the repairs
limits the sources of funding available for such repairs; now therefore;
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, the parties agree as follows:
SECTION 1. Article 2. MAINTENANCE OF PREMISES AND FACILITIES of the original
agreement is amended as follows:
2. MAINTNENANCE OF PREMISES AND FACILITIES
Lessee has inspected the premises and agrees to accept possession of the premises
in "as is" condition.
Lessee shall maintain the grounds in a neat condition at all times at Lessee's sole
expense.
Lessee shall maintain the facilities including the buildings, sewage system, boat
basin, picnic shelters, generator, fuel tank, and any appurtenances thereof and any
improvements made in a state of good repair and in a sanitary condition at all times.
Work such as stabilization repairs and painting will be deemed maintenance. Buildings
shall be maintained as Historical Buildings in conformance with applicable regulations.
Lessee shall not commit nor suffer to be committed waste to leasehold property or to any
improvements thereon. Lessee acknowledges that Lessor shall have no responsibility for
the operation and maintenance of the leasehold except to provide such municipal services
as are available to and are provided to all property owners or occupants of property
a�
within Monroe County, Florida, at the Lessees expense. The parties agree that neither the
Lessor nor the Lessee shall have any obligation to the other party to maintain the bridge
that currently connects the Island to Knight s Key. The Lessor will maintain the ramp
from the bridge to the Island If the bridge cannot be used for access to the Island the
Lessee may provide public access through other means, including the use of watercraft.
SECTION 2. All other provisions of the October 19, 1993 original lease and the January 16
2013 lease amendment not inconsistent herewith, shall remain in full force and effect.
Date FC1-::;'va&* -t1 a 5 '�2 014'
tentative.
BOARD OF COUNTY COMMISSIONERS
K
OF MONROE COUNTY, FLORIDA
By '
Mayor ylvia Murphy
(CORPORATE SEAL)
ATTEST:
By
Witness
Date
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
PIGEON KEY PRESERVATION FOUNDATION
A Florida Not - for -Profit Corporation
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