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05th Amendment 08/20/2014AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER WNW COUNTY, FLORIDA DATE: August 27, 2014 TO: Bob Shillinger, County Attorney ATTN. Kathy Peters FROM: Lindsey Ballard, D. Cv At the August 20, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item M2 Fifth Amendment to the Proplaza LLC. lease to reflect a change in ownership. Enclosed are two (2) duplicate originals of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. 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 FIFTH AMENDENT TO LEASE AGREEMENT PROPLAZA, LLC. THIS FIFTH AMENDMENT (hereafter Amendment) is made and entered into this 20 day of August, 2014, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY" or "LESSEE "), and Proplaza, LLC., a Florida Limited Liability corporation, whose address is 1111 12 Street, Suite 212, Key West, FL 33040 (hereinafter "OWNER" or "LESSOR "). WHEREAS, on the 18 day of July 2007, the COUNTY entered in to a 4 year lease (hereinafter Original Lease) with a termination date of August 31 2011 with the LESSOR's predecessor in interest; and WHEREAS, the County and the LESSOR's predecessor in interest entered into one year lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and June 11, 2014; and WHEREAS, LESSOR's predecessor in interest transferred all rights, title, interest and obligations to the leasehold by means of a Warranty Deed dated July 1 st, 2014 attached hereto as Exhibit A. and made a part hereof; and WHEREAS, LESSOR's predecessor in interest operated under the business name of 12 Street, LTD., and LESSOR will be operating under the business name of Proplaza LLC.; and WHEREAS, the parties desire to update the lease to reflect the change in the underlying ownership of the leased property, 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 4. RENT subparagraph A. of the original lease is amended to read as follows: A. For the use of the premises, the LESSEE must pay the LESSOR the sum of $150,319.92 per year, due in monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Prompt Act, Section 218.70, Florida Statutes, et seq. Rent Payments should be sent to: Proplaza, LLC. 1111 12 Street, Suite 212 Key West, Fl. 33040 SECTION 2. Article 25. NOTICES is amended to read as follows: Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: LESSOR Proplaza, LLC 1111 12th Street, Suite 212 Key West, Fl. 33040 COUNTY /LESSEE: County Attorney PO Box 1026 Key West, Fl. 33040 And County Administrator 1100 Simonton Street Key West, Fl. 33040 SECTION 3. In all other respects, the original agreement dated July 18, 2007 and the lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and May 28, 2014 not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in icate by its duly authorized representative. HEAVILIN, CLERK s Deputy Clerk Date >ltgLkJt, AV"', -? - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA / . Hill on (COR AYES HERNANDEZ ATTE _= Commission # EE 223737 PROPLAZA LLC. E res August 9, 2016 BwWed7m,7myr�nmau„,� _ 7019 Florida Limited Liability Company B Vj By --6 P-- V� Xl,-L� Witness Dr. Robin Lockwood, Manager Date - 7 - 7 3 - d 0 � 2 ><a'iem N. wag Atterasy at Law Sp i ft a d, gWft w d & AdMwead 800l wmim8 9teaet Key Week IL= 0 3 Poe Number: 1340 -BJ Will came No- Doctt 1990501 07/17/2014 2:08PM Filed 8 Recorded in Official Records of MONROE COUNTY AMY HEAVILIN 07/17/2014 2:08PM DEED DOC STAMP CL: MT $5,385.80 DOcp 1990501 Bkp 2694 P9N 1228 rse.e. Mde e t Warranty Deed TW Wsr mv# Deed taade dlit � day of J*. 2014 between 12th 8tney Ltd., a rArMs Umbad ftft ddp, wboae pat ofoe W&m is PAX Ltea 4149K lltitaml, FL 33141, pamaor, sad lP plates, LLC, a llmrblm lima bey eeotpa.y rrboa pat otllos addna b 111112!6 6tra4 Sobs 913,Key Weal. FL.33W% paa w (Wb�w aM hmmk do ram Va.ar ad "puae hmb b d do pods m ddr townw d do bid, lit ad align of . I I ad d» aeaaoa ad aotms ete g j char, usae d taelad WNWIldi , that said pastor, for and in oomideradom of the em of TEN AND NO/100 DOLLARS 010AO) ad other good mad wdbls ", "In - io add pa000r im had paid by maid t a - do rsaipt when is busby aobowledW4 has pasted„ I gtiasd, and sold to Ws said pmaleq, ad pasted: bobs ad aseigaa braver, dw %Gvwivg desc 9 P I had, sibele, bleS add bolag In Moarae Cotmty, Florida b Wt: UK ZXHMIT "A" ATTACHED Parcel Ldndlemdn Number: 00069323.003100 911bjaet 20 esodMma�r, NOMMImaa, rwtriedW add awasab of ran. mad taw for the year 3014 This iertrttaemt was prepmwd wbboad bsaa0t of tbls seareh or abNraet a sad tm bated sober ea lhM preriied by dbber of Nte partly er bb or ber mgmuL Tagedwr TA& ail do i m mamts, bwedhamemis and appmtma woes dwaW betoaglog or In wWwf s wppapdaI g. To Haw atad to HOK tb aame In lbe simple hrow. Algid ale pamaor beroby ooveaasts with acid pastes lbat ale pastor is km 4 ft seamed of acid bead is the simple; that the pallor has good right and kwdd aadta* to di and convey sold baud; that the patlor b=by hft watramu tbs We to said Led and WN dolbd the mama :gaunt the b w W ddms of all peraoat Whoataoevac, and that add Lad b On of al eaeambtaaoea, "Cept!ands aoaulo�g wbaegmd b Deambr 31,201& L WNseee Wl WnWt pastor bss I I m set psalms bead and seal the dap and year &a above vaiM& EXHIBIT ooaw.Ttm.. 9 Doctt 1990301 Skq 2694 P90 1229 State of Florida County ofilr[eeeae r'G.'�- c�C.c�.�Q_ The foregoing insbument was acimowledged before me dais 1 day of July, 2014 by Roberto Sanchea, as General Partner of 12th Street, Ltd., ad Florida limited Partnership he U is personally (mown to me or [X] has produced a drivel's license as identification. [Notary Seal] a s � hN•4 PHYLLIS ANN MARCIAL Notary Public - State of Florida _• My Comm. Expires Feb 3. 2017 Commission #F EE 842744 � � ` BoiMad Through National Notary Assn. Ww7anW And - Pop 2 Gz� ��.-►+ Notary Public Printed Name: A n n l y� U CL r c r 4L 1 My Commiasion Fjq)h : Signed, sealed and delivered in our presence- Doa 1990501 Bk# 2694 P9H 1230 EIS =IT "A" LEGAL DESCRIPTION Unit 407, Key West Professional Plaza, a Condominium, according to the Declaration of Condominium thereof and exhibits attached thereto as recorded in Official Records Book 921, at Page 654, of the Public Records of Monroe County, Florida, and any amendments thereto, together with all appurtenances thereto, including and undivided interest in the common elements thereto. MONROE COUNTY OFFICIAL RECORDS