4th Amendment 11/14/2017l V z co R�l
� Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe Count
p Y, Florida
DATE: December 7, 2017
TO: Jaclyn Carnago, Paralegal
Planning, Code Compliance & Building Department
Stop No. 26
FROM: Pamela Hancock, D.C.
SUBJECT: November 14th BOCC Meeting
Attached is an electronic copy of Item M3, Approval of Amendment No. 4 to the 100 -
year Lease Agreement between Monroe County and Habitat for Humanity of Key West and
Lower Keys, Inc. (Habitat), to retroactively extend a lease for property on Big Coppitt Key until
February 1, 2019, subject to the conditions that Habitat commence construction of ten (10)
affordable housing units by February 1, 2018 and receive certificates of occupancy for the
construction of the ten (10) affordable housing units by February 1, 2019, for your handling.
I will be sending a certified copy to you through courier tonight. Should you have any
questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 -852 -7145
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT, dated this A
Ny of
November, 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, the Lessee did not meet the amended Lease's deadline to commence
construction by March 1, 2016; and
WHEREAS, Lessor and Lessee entered into that certain Third Amendment to Lease dated
the 15t of March, 2017, again retroactively extending the deadline by which Lessee was required
to commence construction of the units by approximately 1 1 /z years from March 1, 2016, to August
1, 2017, and that the Lessee shall obtain Certificates of Occupancy for the units by December 31,
2018; and
WHEREAS, the Lessee has not met the amended Lease's second - extended deadline to
commence construction by August 1, 2017; and
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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 Fourth Amendment to Lease
Agreement to extend the date by which Lessee must commence construction of the project to
February 1, 2018; and
WHEREAS, Lessor and Lessee desire to enter into this Fourth 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 February 1, 2019;
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. The Third Amendment to Lease between the parties is hereby incorporated as if
fully stated herein.
6. 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 February 1, 2018,
and shall receive certificates of occupancy for the ten (10)- to- twelve (12) units
by February 1, 2019. The foregoing limitation of time for the completion of the
Project may be extended by written agreement between the parties hereto.
7. This Amendment is retroactive to July 31, 2017, it being the intention of the parties
that the Lease Agreement be continuously effective, subject to the terms, covenants,
conditions, and provisions of the Lease Agreement and this Amendment.
8. 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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9. 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.
10. This Amendment is binding on the successors and assigns of the parties.
IN WITNESS WHEREOF, the undersigned executed this Fourth Amendment to Lease
Agreement this1 day of November, 2017.
LESSOR:
MONROE COUNTY BOARD. OF
COUNTY COMMISSIONERS
By:
Mayor
)O-vi d
Monroe County Attorney
Approved as to Form:
By: —�
Peter H. Morris, Assistant County Attorney
LESSEE:
HABITAT FOR HUMANITY OF
KEY WEST AND LOWER KEYS,
INC., a Florida non - profit
corporation
!. -
By.
Executive Director
Ja F i 3&J t f
STATE OF FLORIDA
COUNTY OF MONROE
MADOK, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: (O f ,2 t, P
WITNESSES AS TO LESSEE:
Signed, sealed and delivered
BE IT KNOWN, That on the a-q day of two thousand and seventeen, before
me, a Notary Public in and for the State of Florida, County of Monroe, duly commissioned and sworn,
personally came and appeared IC-MA , as Executive Director of Habitat for Humanity of Key West
and Lower Keys, Inc., a Florida /non- profit corporation, to me personally known or has produced
FL Drivers, utens�2 as identification, and did take an oath.
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� M Y COMMISSION # GG 043704
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EXPIRES: October 31, 2020
'•7,9 �; ?, nd Thru Notary Public Underwriters
E IN TESTIMONY WHEREOF, I have hereunto subscribed my n
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BE IT KNOWN, That on the a-q day of two thousand and seventeen, before
me, a Notary Public in and for the State of Florida, County of Monroe, duly commissioned and sworn,
personally came and appeared IC-MA , as Executive Director of Habitat for Humanity of Key West
and Lower Keys, Inc., a Florida /non- profit corporation, to me personally known or has produced
FL Drivers, utens�2 as identification, and did take an oath.
"��� IUEAGUILA
TTam e5 E . Fsch-er ' .. .:
� M Y COMMISSION # GG 043704
a: 'A`
EXPIRES: October 31, 2020
'•7,9 �; ?, nd Thru Notary Public Underwriters
E IN TESTIMONY WHEREOF, I have hereunto subscribed my n
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the day and year last above written.
[Seal]
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NOTAR UBLIC
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