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12/29/2015 to 12/28/2019 1st Extension 11/20/2018 k p: ,,v��i0-.4, Kevin Madok, CPA '," °` • - Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: December 14, 2018 TO: Debbie Lofberg Emergency Services FROM: Pamela G. Hanco fi .C. SUBJECT: November 20th BOCC Meeting Enclosed is a duplicate original of Item K2, Lease Extension Agreement with Limetree Bay Townhouses LLC for Unit#10, 68250 Overseas Highway, Layton, Florida for housing firefighters assigned to Layton/Long Key Fire Station #18 for$2,950 per month including utilities, for your handling. This document was executed at the direction of Pedro Mercado,Assistant County Attorney,with the knowledge that it will be taken back before the Board for ratification at the January 2019 meeting. The document presented to the Board was missing the Notice information,but is included in this executed agreement. The ratification will also indude the name change from Zane Grey Development to Limetnee Bay Townhouses LW Should you have any questions, please feel free to contact me at(305) 292-3550. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/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 Pam Hancock From: Mercado-Pedro <Mercado-Pedro@MonroeCounty-FL.Gov> Sent: Friday, December 14, 2018 1:45 PM To: Pam Hancock; Campo-Abra Subject: RE:Item K2 BOG/November BOCC Meeting Yes. N,OR7� 4 y Pedro Mercado Assistant County Attorney 1111 12th Street,Suite 408 •°o ? Key West, FL 33040 ccu (305) 292-3470 CITY,COUNT Y (305) 292-3516 (fax) &LOCkL GOVERNMENT LAW From: Pam Hancock [mailto:phancock@monroe-clerk.com] Sent: Friday, December 14, 2018 12:30 PM To: Campo-Abra <Campo-Abra@monroecounty-fl.gov>; Mercado-Pedro<Mercado-Pedro@MonroeCounty-FL.Gov> Subject: RE: Item K2 BOG/November BOCC Meeting Importance: High So. Will the fact that the name changed from Zane Grey Development to Limetree Bay Townhouses LLC also be addressed in the document that will be presented to the BOCC in January? -` �� Pavuela c,. 7la,rcocl2 F8 .• .��yn��•,`b. y, Kevin Madok,CPA YU w :'F Clerk of the Circuit Court&Comptroller 'V W . Post Office Box 1930 A31 1 `�,t' (30,i) 2)2t3.I5033041-1980 From: Campo-Abra [mailto:Campo-Abra@ monroecounty-fl.gov] Sent: Thursday, December 13, 2018 3:50 PM To: Mercado-Pedro Cc: Pam Hancock Subject: RE: Item K2 BOG/November BOCC Meeting Gracias. From: Mercado-Pedro<Mercado-Pedro@MonroeCounty-FL.Gov> Sent:Thursday, December 13, 2018 3:49 PM To:Campo-Abra <Campo-Abra@monroecounty-fl.Bov> Rj--�y� Cc: Pam Hancock<phancock@monroe-clerk.com> . . Subject: RE: Item K2 BOG/November BOCC Meeting �!?r�crK����~ forratification. P, the lease bease proceed with exra submitted is the lnal ecution.plete document. It will be placed on the January agenda CIIY,COU.NIY .LOCAL GOVERNMENT LfAv Pedro Mercado _ 1 Assistant County Attorney 1111 12th Street,Suite 408 Key West, FL 33040 (305)292-3470 (305) 292-3516 (fax) From:Campo-Abra Sent:Thursday, December 13, 2018 3:46 PM To: Mercado-Pedro<Mercado-Pedro@MonroeCounty-FL.Gov> Cc: Pam Hancock<phancock@monroe-clerk.com> Subject: FW: Item K2 BOG/November BOCC Meeting Pedro, Can you please send Pam authorizing execution of the Limetree Lease? From: Pam Hancock<phancock@monroe-clerk.com> Sent:Thursday, December 13, 2018 2:36 PM To:Campo-Abra <Campo-Abra@monroecounty-fl.gov> Subject: Item K2 BOG/November BOCC Meeting Abra, You noted on this one that it is the "final complete document",which Pedro has approved to be signed. Because this document is different than what was presented to the BOG, I will need something in writing from Pedro to execute it. Thanks. Pakue1a H-G ncocI r'o� :,•,w t•f��`"'3� � Kevin Madok,CPA M Clerk of the Circuit Court&Comptroller �� � ? Eg, Post Office Box 1980 'W...—5 •; P:�+✓ Key West FL33041-1980 (305)292-3550 2 LEASE EXTENSION AGREEMENT THIS LEASE EXTENSION AGREEMENT (this "Extension") is made and entered into as of the 26th day of November, 2018, by and between Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida do Monroe Fire Rescue, 490 63rd Street Ocean Suite 140, Marathon, FL 33050 ("Tenant"), and Limetree Bay Townhouses LLC, a Florida limited liability company ("Landlord"). WHEREAS: A. Tenant and Landlord entered into a Residential Lease for Single Family Home and Duplex dated December 29, 2015 (the "Lease") with respect to Unit 10 at 68250 Overseas Highway, Layton, FL 33301 (the "Leased Premises"); and B. Landlord and Tenant have agreed to extend the Term of the Lease and to otherwise modify certain provisions of the Lease as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landlord and Tenant hereby agree as follows: 1. Definitions and Recitals. All of the initial capitalized terms used in this Extension shall, unless otherwise provided herein, have the same definitions and meanings as given to them in the Lease. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Term. The expiration of the term of the Lease with respect to the Leased Premises is hereby extended from December 28, 2018 to December 28, 2019 (the "Lease Expiration Date"). Accordingly, all references in the Lease to the Term or Lease Term as it relates to the Leased Premises shall be deemed modified to reflect the term set forth in this paragraph. 3. Rent. Tenant shall pay total rent in the amount of$2,950.00 per month including utilities, electric, propane and water for the term of the Lease. Tenant shall pay for telephone, cable and/or internet services. 4. Brokerage Indemnity. Landlord and Tenant each hereby represent and warrant to the other that they have dealt with no broker, finder or similar agent, in connection with this Extension. In the event that any broker or agent claims a brokerage fee in connection with this transaction, the party who procured the services of such broker or on whose behalf such broker was working if the former cannot be determined, agrees to pay said fee and to indemnify and hold harmless the other party from and against any and all liability and expense in connection with any commissions, compensation or otherwise for the bringing about of this transaction or the consummation thereof, including reasonable attorneys' fees (in an effort to defend the brokerage claim), for the non-responsible party should it be joined in litigation. 5. Waiver of Claims. In consideration of the terms and provisions of this Extension, Tenant hereby (i) acknowledges and agrees that neither Tenant nor, to Tenant's actual knowledge without investigation, Landlord is currently in default of any of the terms, provisions or conditions of the Lease, (ii) acknowledges and agrees that Tenant has no claims, offsets or • defenses against Landlord or against Tenant's obligations under the Lease, (iii) waives and relinquishes any and all claims, offsets and/or defenses whatsoever which Tenant may now have; and (iv) releases Landlord from any all claims, liabilities or obligations to Tenant whatsoever arising from or growing out of any actions or omissions by Landlord through the date of this Extension. 6. Notice. All notices must be sent to Victor Bubnow, 105 Curlew Road, Manalapan, Florida 33462 with an email address of vbubnow@gmail.com with a copy to Juan Loumiet, 333 S.E. 2nd Avenue, Miami, Florida 33131 with an email address of loumietj@gtlaw.com. All notices to the Landlord shall be given by U.S. mail or hand delivery and email. Any notice to Tenant shall be given by email to Debbie Lofberg with an email address of lofberg- debbie@monorecounty-fl.gov. 7. Miscellaneous. (a) This Extension shall be construed and governed in accordance with the laws of the State of Florida. (b) This Extension may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. However, in making proof hereof, it shall be necessary to produce only one copy of this Extension signed by the party to be charged. (c) Landlord hereby represents and warrants to Tenant that: (i) Landlord has the full right and authority to enter into this Extension, and (ii) this Extension is a binding and valid document enforceable in accordance with its terms. (d) Tenant hereby represents and warrants to Landlord that: (i) Tenant has the full right and authority to enter into this Extension, and (ii) this Extension is a binding and valid document enforceable in accordance with its terms. (e) This Extension shall be deemed a part of, but shall take precedence over and supercede any provisions to the contrary contained in the Lease. Except as modified hereby, all of the provisions of the Lease, which are not in conflict with the terms of this Extension shall remain in full force and effect, and, as modified hereby, the Lease is hereby ratified and confirmed in all respects. 8. Entire Agreement. This Extension constitutes the entire agreement and understanding among the parties with respect to the subject matter hereof. This Extension may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Extension shall be binding upon the parties hereto and their respective successors and permitted assigns. [Remainder of Page Intentionally Left Blank] 2 IN WITNESS WHEREOF, the parties have executed and delivered this Extension on the date first above written. EyWiE SEA TENANT: a .`., 4 n �kev a ' F 4 ���F a } 0 t Board of Governors of Fire and Ambulance District ei ^�� (S AL) ' ,'!? 1 of Monroe County, Florida do Monroe Fire \. ATTEST I D K CLERK f �,.,. ./ Rescue, 490 63`d Street Ocean Suite 140, Marathon, 'a"'#s ;'.. }{ FL 33050 DEPU CLERK By: Printed Name: Name: Dav;ci ic.e. Title: Glia;fr.rt-,�.. ii/zotz'/ g Printed Name: LANDLORD: Limetree Bay Townhouses LLC, a Florida limited liability c y JXICaRAt.d By: Printed Name: • amen-- Na e: Am,/ ( L.0 M,�— itle: /L(4J46 Z. rinted ame:igyiah1RV QLhfeco O OE COUN A 0 N OVED 3 W PEDRO J ERCADO 73r r. f rn ASSISTANT ril "� Date L (% l 7 2 C161 3