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06th Amendment 07/15/2015AMY REAVILIN, CPA CLERK OF CIRCUR COURT &COMPTROLLER MONROE Crouimr, FLORIDA DATE: July 17, 2015 TO: Bob Shillinger, County Attorney ATTN: Kathy Peters FROM. • Cheryl Robertson Executive Aide to the Clerk of Courts & Comptroller 0hjfi0&atM At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item S2 Approval of Sixth Amendment to the Proplaza LLC, Lease Agreement extending the lease for office space for the County Attorney's Office for three (3) years to expire August 31, 2018. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance (electronic copy) 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 IS SIXTH AMENDMENT AND RENEWAL TO LEASE AGREEMENT 'HIS SIXTH ND EN (hereafter Amendment) is made and entered into this �S ` day of , 2015, by and between Monroe County, a political subdivision of the S too lorida, 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 July 18, 2007 the parties entered into a lease for office space situated at 1111 12' Street, Suite 408, Key West, Florida 33040 expiring August 31, 2011; and WHEREAS, on April 20, 2011 the parties agreed to extend the lease for a one -year term expiring August 31, 2012; and WHEREAS, on April 18, 2012, the parties agreed to extend the lease for a one -year term expiring August 31, 2013; and WHEREAS, on May 15, 2013, the parties agreed to extend the lease for a one -year term expiring August 31, 2014; and WHEREAS, on May 20, 2014, the parties agreed to extend the lease for a one -year term expiring August 31, 2015; and WHEREAS, on August 20, 2014, the lease was amended to reflect the change in the underlying ownership of the leased property from 12 Street, LTD. to Proplaza, LLC; and WHEREAS, the lease dated July 18, 2007 provides that the lease agreement may be extended in one -year intervals; and WHEREAS, LESSOR has provided LESSEE with an updated mailing address for receipt of rental payments; and WHEREAS, LESSEE has offered, and LESSOR has agreed to, renew the lease for a 3 year term in exchange for setting the annual rental increase at a fixed 3 %; now therefore IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree: Section 1. Paragraph 2 of the original agreement is amended to read: 2. TERM. The term of the Renewal shall be for 3 years commencing on September 1, 2015 and terminating on August 31, 2018, unless terminated earlier under another paragraph of this agreement. Page 1 of 3 6` Amend to CAY Office Space Lease (kp) BOCC 7/15/15 r Section 2. Paragraph 4A. of the original agreement is amended to read: 4. RENT. A. Commencing on September 1, 2015, for use of the premises the LESSEE must pay LESSOR the sum of $161,022.68 per year due in monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Payment Act, Section 218.70, Florida Statutes, et. seq. Rent Payments should be sent to: 18 Allamanda Terrace Key West, Florida 33040 -6203 Section 3. Paragraph 4B. of the original agreement is amended to read: 4. RENT. B. On the 1 St day of September, 2016 and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding year's rent and increasing the same by 3%. Except as set forth in Sections one, two and three of this Sixth Amendment and Lease Renewal Agreement, in all other respects, the original lease agreement dated July 18, 2007 and the additional one -year lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and May 28, 2014, as amended August 20, 2014, not inconsistent herewith, shall remain in full force and effect. Section 4. Paragraph 25 of the original agreement amended to read: 25. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: LESSOR: Dr. Robin Lockwood dba Proplaza, LLC 18 Allamanda Terrace Key West, Fl. 33040 -6203 COUNTY /LESSEE: County Attorney PO Box 1026 Key West, Fl. 33040 And County Administrator 1100 Simonton Street Key West, Fl. 33040 6 Amend to CAY Office Space Lease (kp) BOCC 7/15/15 Page 2 of 3 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. K BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By \ Mayor Dann . Kolhage (CORPORATE SEAL) ATTEST: By � Witness Date 7 / PROPLAZA LLC. Florida Limited Liability Company By Dr. Robin Lockwood, Manager "*ROE COUNTY ATM, =�w ry R FA L1 ,:�° " e � p� - µ 6` Amend to CAY Office Space Lease (kp) BOCC 7/15/15 Page 3 of 3