3rd Amendment 05/11/2014AMY REAVILIN, CPA
CLERK OF CIRCUR COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: June 24, 2014
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto
FROM: Vitia Fernandez, D.
At the May 21, 2014, Board orCounty Commissioner's meeting the Board granted approval and
execution of Item C27 Third Amendment to the Lease Agreement with the Pigeon Key Preservation
Foundation (Foundation).
Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Financ
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
THIRD AMENDMENT TO LEASE AGREEMENT
PIGEON KEY PRESERVATION FOUNDATION
THIS AMENDMENT (hereafter Amendment) is made and entered into this 21st day of
May, 2014 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 19111 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 16th 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, on December 11'h 2013 County and Lessee entered into a second
amendment transferring responsibility for maintenance of the vehicle ramp connecting Pigeon
Key to the old Seven Mile bridge from the Lessee to the County; and
WHEREAS, the second amendment also deleted the language in Article 2 of the lease
that stated that the Lessee was required to maintain the facilities "at its sole expense" in order to
ttrnaden the funding sources Lessee could apply for and to allow Lessee to prepare for grant
funding applications on behalf of the County; and
WHEREAS, Article 16 of the lease agreement has limiting language that is inconsistent
with the intent of the second amendment,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 16. JOINT VENTURE. of the original agreement is amended as follows:
16. JOINT VENTURE.
Lessee and Lessor warrant and represent that by the execution of this Lease
Agreement it is not the intent of the parties that the use of the leasehold property by
Lessee or the construction of improvements thereon by Lessee be construed or deemed to
represent a joint venture or undertaking between the Lessor and Lessee. Lessee shall, at
all times be responsible for the operation and coordination of maintenance of the
leasehold property, the improvements constructed thereon, and the conduct of all
activities and services provided by Lessee as part of its operation.
Lessee shall be responsible for seeking and applying for funding sources to effect
the purposes of this Agreement therefore, nothing contained within the Agreement is to
be construed as a limitation on the Lessee's ability to apply for funding for repairs and
maintenance. In addition, Lessor, as the owner of the improvements, shall also be
i
authorized to apply for grant funding to effect the purposes of this Agreement. Lessor and
its authorized agents, contractors and employees shall have the right to enter upon the
leased premises when Lessor, at its discretion, undertakes a repair or improvement.
SECTION 2. This amendment shall be retroactive to April 1, 2014.
SECTION 3. All other provisions of the October 19, 1993 original lease, the January 16, 2013
lease amendment and the December 11, 2013 second lease amendment not inconsistent herewith,
shall remain in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
Date W 4 " 1 1 `f'
(CORPORATE SEAL)
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
PIGEON KEY PRESERVATION FOUNDATION
A Florida Not - for - Profit Corporation
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BOARD OF COUNTY COMMISSIONERS
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PIGEON KEY PRESERVATION FOUNDATION
A Florida Not - for - Profit Corporation
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