3rd Amendment 03/15/2017THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT, dated this Ls�lday of
March, 2017, by and between MONROE COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "LESSOR "), and HABITAT FOR HUMANITY OF KEY WEST
AND LOWER FLORIDA KEYS, INC., a Florida non - profit corporation (hereinafter referred to
as "LESSEE "):
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain 99 -year Lease Agreement
(hereinafter "Lease ") dated the 20` day of May, 2009, for the property more particularly described
therein (hereinafter "Property ") for the construction and development of twelve (12) Affordable
Housing Units (hereinafter "Affordable Housing Units "), said Lease being recorded in the Official
Records of Monroe County at OR Book 2431, Page 739, and which is hereby incorporated as if
fully stated herein; and
WHEREAS, Lessor and Lessee entered into that certain First Amendment to Lease dated
the 17` of February, 2010, extending the term of said Lease one -year in order to comply with
Florida Statute § 196.199(2)(b), and eliminating the annual $10.00 rent due under the original
Lease in order to comply with Florida Statute § 196.199(7), said First Amendment to Lease being
recorded in the Official Records of Monroe County at OR Book 2456, Page 2377, and which is
hereby incorporated as if fully stated herein; and
WHEREAS, Lessor and Lessee entered into that certain Second Amendment to Lease
dated the 18' of March, 2015, retroactively extending the deadline by which the Lessee was
required to commence construction of the units by approximately six (6) years from December 31,
2009, to March 1, 2016, and also retroactively extending the deadline by which the Lessee was
required to complete construction of the units by approximately five (5) years from December 31,
2011, to March 19, 2017, and also reducing the number of Affordable Housing Units that the
Lessee was required to construct on the Property from twelve (12) units to ten -to- twelve (10 to 12)
units, said Second Amendment to Lease being recorded in the Official Records of Monroe County
at OR Book 2737, Page 1692, and of which is hereby incorporated as if fully stated herein; and
WHEREAS, Article XIV, Section 14.01(a) of the amended Lease thus currently requires
that the Lessee must have commenced construction of the units by March 1, 2016, and that the
Lessee shall obtain Certificates of Occupancy for the units by March 19, 2017; and
WHEREAS, the Lessee did not meet the amended Lease's extended construction
commencement deadline of March 1, 2016; and
a
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w .:sue, �I Lvs�ee rupesemud ii.ai ii will no ...eet the amende ease
extended Certificate of Occupancy deadline of March 19, 2017; and
WHEREAS, the Lessee has represented that it has been unable to meet these extended
deadlines due to limited availability of the Affordable Housing Unit structure types that the Lessee
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seeks to build on the Property; and
WHEREAS, Article XIV, Section 14.01(a) of the amended Lease provides that the
foregoing limitations of time for the completion of the project may be extended by written
agreement between the parties hereto; and
WHEREAS, Lessor and Lessee desire to enter into this Third Amendment to Lease
Agreement to extend the date by which Lessee must commence construction of the project to
August 1, 2017; and
WHEREAS, Lessor and Lessee desire to enter into this Third Amendment to Lease
Agreement to extend the date by which the project must receive Certificates of Occupancy for the
ten (10)- to- twelve (12) Affordable Housing Units to December 31, 2018;
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and incorporated herein by
reference.
2. The original Lease Agreement between the parties is hereby incorporated as if fully
stated herein.
3. The First Amendment to Lease between the parties is hereby incorporated as if fully
stated herein.
4. The Second Amendment to Lease between the parties is hereby incorporated as if
fully stated herein.
5. Article XIV, Section 14.01(a) of the Lease Agreement is hereby amended to read
as follows:
(a) Initial Lessee shall commence construction of the Project by August 1, 2017,
and shall receive certificates of occupancy for the ten (10) -to- twelve (12) units
by December 31, 2018. The foregoing limitation of time for the completion of
the Project may be extended by written agreement between the parties hereto.
6. This Amendment is retroactive to February 28, 2016, it being the intention of the
parties that the Lease Agreement be continuously effective from March 1, 2016
through December 31, 2018, subject to the terms, covenants, conditions, and
Provisions of the Lease Agreement and this Amendment.
7. All of the other terms, covenants, conditions, and provisions of the Lease
Agreement dated May 20, 2009, except those expressly modified and rendered
inconsistent by this Amendment, remain in full force and effect and binding upon
the parties.
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8. Each party agrees that they have authority to sign this Amendment on behalf of
each party and represents and warrants that such person has the full right and
authority to enter into this Amendment on behalf of such party and to fully bind
such party to the terms and obligations of this Amendment.
9. This Amendment is binding on the successors and assigns of the parties.
IN WITNESS WHEREOF, the undersigned executed this Third Amendn*
to Luse
Agreement this If of March, 2017.
7
N
LESSOR:
MONROE COUNTY BOARD OF
COUNTY OMMISSIONERS
B y:
Mayor G rge Neug
Monroe County Attorney
Approved as to Form:
ma
�� Z
Peter H. Morris, Assistant County Attorney
LESSEE:
HABITAT FOR HUMANITY OF
KEY WEST AND LOWER KEYS,
INC., a Florida non - profit
corporation
By: — 4 j ;�
Mark Moss, Executive Director
STATE OF FLORIDA
COUNTY OF MONROE
Witness as to Lessee
BE IT KNOWN, That on the G�l Z day of /22 two thousand and seventeen, before
me, a Notary Public in and for the State of Florida, County of Monroe, dul co mmissioned and sworn,
personally came and appeared MARK MOSS, as Executive Direcr-of" �a at for Human' of Key West
and Lower Keys, Inc., a Florida non - profit corporation, td me personally known or s produced
as identification.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office
the day and year last above written.
r h]
i ..
MADOK, CLERK t .�
A /
Deputy Clerk
MOAPP ATTORN EY
ROVED AS TO FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
WITNESSEPX?' tOZ — �
Signed, sealed and delivered
itness as to Lessee
Debra Lynn Rainer 3 of 4
NOTARY PIJSUC
STATE OF FLORIDA
Camrty# FF238313
Rom oil SM9
[Seal]
NOTARY PUBLIC
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®
ACORN
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM /DDnYYY)
03/0112017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTFIfATE HOLDER.
THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
INSURERS(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not
confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
MWACT
Lockton Affinity, LLC
P.O. Box 873401
LT
HONE
A/C No.Ext): 888- 553 -9002
qX
A/C, No):
E - MAIL
Kansas City, MO 64187 -3401
MM /DD/YYYY)
DDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC
TYPE OF INSURANCE
NSURER -A: ACE American Insurance Co.
22667
POLICY NUMBER
INSURED
Habitat for Humanity of Key West and Lower Florida Keys, Inc.
PO Box 5873,
Key West, FL 33045
NSURER -B:
LIMITS
NSURER -C:
NSURER -D:
NSURER -E:
04/01/2017
04/01/2018
NSURER -F:
A
t,VVrKAUra CERTIFICATE NUMBER: REVLCiON NUMBER-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
ADDL
SUB
POLICY EFF
POLICY EXP
LT
INSR
D
MM /DD/YYYY)
MM/DDNYYY)
N
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
GL1064565 -17
04/01/2017
04/01/2018
A
GENERAL LIABILITY
X
EACH OCCURRENCE
$ 1,000,000
X
DAMAGE TO RENTED
OMMERCIAL GENERAL LIABILITY
PREMISES Ea occurrence
$ 1,000,000
LAIMS MADE X OCCUR
MED EXP (Any one person)
$ 0
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
EN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS — COMP /OP AGG
$ 2,000,000
X 1 POLICY
$
COMBINED SINGLE LIMIT
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
Ea accident
$
BODILY INJURY Per Person
$
UT OS AUTOS
NON -OWNED
BODILY INJURY Per accident
$
PROPERTY DAMAGE
IRE, AUTOS AUTOS
Per accident
$
MBRELLA LIAB
XCESS LIAB
OCCUR
CLAIMS MADE
EACH OCCURRENCE
$
AGGREGATE
$
ED I I RETENTION $
ORKERSCOMPENSATION
T
ND EMPLOYERS' LIABILITY
„ rl VE
) E
NT
DRY LIMITS
R
NY PROPRIETOR/PARTNER/EXECUTIVE Y/N
D
WAI
AA
E —
FFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
$
MANDATORY IN NH)
f yes, describe under
E.L. DISEASE — EA EMPLOYEE
$
ESCRIPTION OF OPERATIONS below
E.L. DISEASE — POLICY LIMIT
$
.T
Certificate Holder is named Additional Insured as respects to Landlord.
VCK I Ir`i%,mi C r1VLUCK CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
Monroe County Board of Commissioners
1100 Simonton St.,
Key West, FL 33040
ACORD
The
AUTHORIZED REPRESENTATIVE
name and logo are reaistered marks of ACORD
1064565