Item J14County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: J.14
Agenda Item Summary #4207
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
N/A
AGENDA ITEM WORDING: Approval of First Amendment to the Ground Lease Agreement
with Habitat for Humanity of Key West and Lower Florida Keys, Inc. ( "Habitat "), to allow Habitat
an additional year from the date of execution of this amendment until June 25, 2019, to obtain all
building permits, and to allow Habitat up to 2.5 years to obtain all certificates of occupancy.
ITEM BACKGROUND: Habitat for Humanity of Key West and Lower Florida Keys, Inc.
( "Habitat "), is requesting for the current Ground Lease to be amended such that its May 17, 2018,
commencement of construction deadline, and December 31, 2018 receipt of certificate of occupancy
deadline, be amended such that Habitat's new development deadlines shall be to receive all building
permits by June 25, 2019, and to receive all certificates of occupancy no later than 2 years, 6 months,
from issuance of those permits.
PREVIOUS RELEVANT BOCC ACTION:
11/17/15 Approval of Occupancy and 99 -year Ground Lease between Monroe County and Habitat
for Humanity of Key West and Lower Florida Keys, Inc.
CONTRACT /AGREEMENT CHANGES:
1st Amendment to Ground Lease
STAFF RECOMMENDATION: Approval of First Amendment to Ground Lease
DOCUMENTATION:
First Amendment to Lease Agreement (Lower Keys Habitat - Cudjoe)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
h]W TA1 IH17."
Emily Schemper
Completed
Peter Morris
Completed
Assistant County Administrator Christine
Hurley
05/01/2018 3:08 PM
Jaclyn Carnago
Skipped
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
05/01/2018 3:03 PM
05/01/2018 3:04 PM
Completed
05/01/2018 1:34 PM
05/01/2018 3:26 PM
05/01/2018 3:26 PM
05/01/2018 9:12 PM
05/16/2018 9:00 AM
This Instrument Prepared By:
Peter H. Morris, Assistant County Attorney
Monroe County Attorney's Office, FBN: 104 101
2798 Overseas Highway, Marathon, FL 33050 Morris-Peter@MonroeCounty-FL.gov
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to as "LESSEE"):
WITNESSETH:
The recitals contained herein are true and correct and incorporated herein by
reference.
2. The above-referenced original Lease Agreement between the parties is hereby
incorporated as if fully stated herein.
3. Article XIV, Section 14.01(a) of the Lease Agreement is hereby amended to read
as follows:
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completion of the Project may be extended by written agreement between the
parties hereto.
5. All terms, covenants, conditions, and provisions of the Lease Agreement
referencing or depending upon satisfaction of the prior December 31, 2018.
certificate of occupancy deadline, shall now amendatorily reference and depend
upon Initial Lessee receiving all certificates • occupancy for each such permit n*
later than two (2) years, six (6) months from the date of each such permit's issuance.
66 All
• the other terms, covenants, conditions, and provisions of the Lease
Agreement dated November 17, 2015, except those expressly modified and
rendered inconsistent by this Amendment, remain in full force and effect and
binding upon the parties.
T 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.
IN WITNESS WHEREOF, the undersigned executed this First Amendment to Lease
Agreement this day of May, 2018.
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Approved as to Form:
By:
Peter H. Morris, Assistant County Attorney
(SEAL)
ATTEST: KEVIN MADOK, CLERK
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�,ESSEE:
HABITAT FOR HUMANITY OF,
KEY WEST AND LOWER FLORIDA KEYS,
INC. 1 , a Florida Not-for-Profit Corporation,
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