1st Amendment 05/16/2018 COIIN,� 11�
°-No Kevin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: May 25, 2018
TO: Emily Schemper - Douma, Acting Sr. Director
Planning & Environmental Resources
Alison Smith, Executive Assistant
Planning & Environmental Resources
FROM: Pamela Hanco . )1 .C.
SUBJECT: May 16 BOCC Meeting
Attached is the originally executed (J14) 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, for your handling.
Once the document has been recorded into the Official Record and returned to you,
please forward to my office for the record. Should you have any questions, please feel free to
contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PIC/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305 - 294 -4641 305 - 289 - 6027 305- 852 -7145 305- 852 -7145
-
• Docq 2171518 05/31/2018 2:17PM
Filed & Recorded in Official Records of
This Instrument Prepared By: MONROE COUNTY KEVIN MADOK
Peter H. Morris, Assistant County Attorney
Monroe County Attorney's Office, FBN: 104101
2798 Overseas Highway, Marathon, FL 33050 Morris- Peter @MonroeCounty- FL.gov
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT, dated this Ieday of May,
2018, 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 not - for - profit corporation (hereinafter referred
to as "LESSEE "):
Doc 2171518
Bkq 2909 Pgq 925
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain 99 -year Lease Agreement
(hereinafter "Lease," "Agreement," or "Lease Agreement ") dated the 17 day of November 2015,
for the property more particularly described therein (hereinafter "Property ") for the construction
and development of, for sale and owner - occupancy use, sixteen (16) employee housing units in
the form of eight (8) duplexes for qualified owner- occupants, said lease being recorded in the
Official Records of Monroe County Book 2784, Page 1567, Document Number 2065971, which
is hereby incorporated as if fully stated herein; and
WHEREAS, Article XIV, Section 14.01(a) of the Lease provides that Lessee shall
commence construction by May 17, 2018, and shall receive certificates of occupancy for the
sixteen (16) units by December 31, 2018, and that said foregoing limitations of time may be
extended by written agreement between the parties hereto; and
WHEREAS, Lessor and Lessee desire to enter into this First Amendment to Lease
Agreement to amend and extend the foregoing two deadlines such that Lessee shall have all
permits issued for all sixteen (16) said units no later than June 25, 2019, and such that fal Lessee
shall receive all certificates of occupancy for each such permit no later than two (2) years, six (6)
months, from the date of issuance of each such permit;
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 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:
(a) Initial Lessee shall have all permits issued in connection with the sixteen (16)
employee housing units in the form of eight (8) duplexes for qualified owner-
occupants no later than June 25, 2019, and shall receive all certificates of
• • Doc 2171518
Bkxl 2909 PO 926
occupancy for each such permit no later than two (2) years, six (6) months from
the date of each such permit's issuance. The foregoing limitation of time for the
completion of the Project may be extended by written agreement between the
parties hereto.
4. All other terms, covenants, conditions, and provisions of the Lease Agreement
referencing or depending upon satisfaction of the prior May 17, 2018,
commencement of construction deadline, shall now amendatorily reference and
depend upon Initial Lessee having all permits issued in connection with the sixteen
(16) employee housing units in the form of eight (8) duplexes for qualified owner-
occupants no later than June 25, 2019.
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 of occupancy for each such permit no
later than two (2) years, six (6) months from the date of each such permit's issuance.
6. All of 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.
7. 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.
8. This Amendment is binding on the successors and assigns of the parties.
IN WITNESS WHEREOF, the undersigned executed this First Amendment to Lease
Agreement this 1414day of May, 2018.
LESSOR: \
MONROE COUNTY BOARD OF 4 4
COUNTY COMMISSIONERS 410k ,`1
EVIN MADOK, CLERK
By: *
ayor Davis ' • c e Deputy Clerk
Monroe County Attorney MONROE COUNTY ATTORNEY
Approved as to Form: APPROVED AS TO FORM
By:
Peter H. Morris, Assistant County Attorney PETER MORRIS
ASSISTANT COUNTY ATTORNEY
2 of 3 Date: 7j� /r
• Doc 2171518 •
Bktt 2909 PO 927
LESSEE: WITNESSES AS TO LESSEE:
HABITAT FOR HUMANITY OF,
KEY WEST AND LOWER FLORIDA KEYS, Signed, sealed and delivered
INC., a Florida Not - for - Profit Corporation,
B _AAJ 13% R hi e la kergeh b sW
B e .bie Batty, President Witness No. 1 as to Lessee (Print Name)
Witness No. 1 as to see (Signature)
i .. 1i' ' le-f 17
Witness No. 2 as • - ssee (Print Name)
)01..A..c.)e- R ___!_,L___,_...
Witness No. 2 as o Lessee (Signature)
STATE OF FLORIDA
COUNTY OF MONROE
BE IT KNOWN, That on the 14 day of May, two thousand and eighteen, before me, a Notary
Public in and for the State of Florida, County of Monroe, duly commissioned and sworn, personally came
and appeared DEBBIE BATTY, as President of Habitat for Humanity of Key West and Lower Florida
Keys, Inc., to personally knowriN has produced as identification and
did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal
of office the day and year last above written.
[Seal] • . N. TANIA MERCURIO
MY COMMISSION # FF984466
a" EXPIRES: April 20, 2020
1 Q \IN k & --PLAL 0
NOTARY PUBLIC " 'nt Name and Notary No.) NOTARY PUBLIC SEAL
NOTARY PUBLI 1 (Signature)
MONROE COUNTY
OFFICIAL RECORD