Item Q3 Q.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: Q.3
Agenda Item Summary #5300
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 Four Ground Leases with Florida
Keys Community Land Trust, Inc. ("FKCLT"), to allow FKCLT to increase allowable income limits
from up to 80% of Area Median Income (AMI) to up to 120% of AMI for prospective essential
services personnel and local county workforce member-tenants of the affordable-employee housing
units on the Avenues in Big Pine Key, located at 31319 Avenue D, 31171 Avenue D, 31438 Avenue
E, and 31462 Avenue E.
ITEM BACKGROUND: Florida Keys Community Land Trust, Inc. ("FKCLT"), is requesting for
its four current Ground Leases with the County to be amended to increase their maximum income
limits from up to 80% of Area Median Income (AMI) to a maximum of up to 120% of AMI for
prospective essential services personnel and Monroe County workforce member-tenants of the
affordable-employee housing units located at 31319 Avenue D, 31171 Avenue D, 31438 Avenue E,
and 31462 Avenue E, Big Pine Key.
PREVIOUS RELEVANT BOCC ACTION:
6/20/18 Approval of four 99-year Ground Leases between Monroe County BOCC and Florida Keys
Community Land Trust, Inc.
CONTRACT/AGREEMENT CHANGES:
1st Amendment to Ground Leases
STAFF RECOMMENDATION: Approval of First Amendment to the four Ground Leases.
DOCUMENTATION:
First Amendment to Four Ground Leases
FINANCIAL IMPACT:
Packet Pg. 1943
Q.3
Effective Date: Upon execution by Mayor following receipt of Amendment executed by
Lessee.
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Helene Wetherington Skipped 03/05/2019 4:06 PM
Peter Morris Completed 03/07/2019 8:13 PM
Assistant County Administrator Christine Hurley Completed
03/08/2019 7:59 AM
Budget and Finance Completed 03/08/2019 11:09 AM
Emily Schemper Completed 03/08/2019 3:46 PM
Maria Slavik Completed 03/10/2019 1:30 PM
Kathy Peters Completed 03/11/2019 12:45 PM
Board of County Commissioners Pending 03/21/2019 9:00 AM
Packet Pg. 1944
Q.3.a
FIRST AMENDMENT �
To OCCUPANCYAGREEMENTS AND GROUND U LEASE
IL
THIS FIRST AMENDMENT TO OCCUPANCY C:Y AGREEMENTS NTS AND GROUND
LEASES, dated this day of March, 2019, 1by and between MONROE COUNTY, a political
subdivision of the State of Florida (hereinafter the "Lessor"), and the FLORIDA KEYS
C OM UNITY LAND TRUST, INC., a Florida not.-for-profit corporation (hereinafter the
"`Lessee", "Initial Lessee", or"Occupant"): �
D"D NESSD±,"D H:
WHEREAS, Lessor and Lessee entered into those four (4) certain 99-year Occupancy �
Agreements and Ground Leases (hereinafter "Leases," "Agreements," or "Lease Agreements") �
dated the 20on" day of June 2018, for the specific parcels more particularly described therein
(hereinafter the"property")for the construction and development of,cumulatively, four affordable
rental, low-income employee housing units for qualified tenant occupants, said leases being
recorded in the Official Records of Monroe County at M Book 2914, Page 596, Document No.
2175700 (pertaining to the parcel saturated on host 15, Block 32), 2 Book k 2914, Page 637,
Document No. 217570.1 (pertaining tothe parcel saturated onLot 12, Square 32), Q Book 2914„ 0
Page 678, Document No. 2175702 (pertaining to the parcel saturated on Lot 8, Square 29), and
Book 2914, Page 719, Document No. 2175703 (pertaining for the parcel situated on boat 1, Block �
31), all of which are hereby incorporated as if fully stated herein; and
U)
WHEREAS, the second prefatory recital of the foregoing Leases provides that "Lessee °®
desires to develop the Property for rental use of an affordable rental, 1o°iv-wrmcoiinic employee
housing unit for qualified tenant occupants". and >
0
WHEREAS, Article l of the foregoing Leases provides that ""Employee Housing Unit
Restriction' shall mean a residential housing unit of which use is restricted to households that
derive at least 70 percent of their household income from gainful employment in Monroe County 0
and meet the adjusted gross annual income limits for median income as defined in Monroe County
�
nD
Conde Section 101-1 (2018), as amended from th-ne to time, and of which tourist housing use or
vacation rental use of such Unit(s)are prohibited. Said restrictions to encumber the Property for the
term of the ninety-nine (99) year lease"; and
WHEREAS, Article l of the foregoing Leases provides that "`Affordable-Employee
Housing Unit' shall mean the dwelling unit to be located on the Property in accordance and in
compliance with this lease, including the Affordable Rental, Loiv.......Income Employee Housing
Restriction and Affordable-Employee Housing Restriction"; and �
WHEREAS,AS, Article l of the foregoing Leases provides that "'Affordable Rental, L cil,l,- �
Iiirrm:,n:mniie Housing Restriction' shall mean a dwelling unit whose monthly rent, not including
utilities, doses not exceed 30 percent of the amount that represents up to I90 Ill'ian'm'm"ceiiuil' of the monthly
median adjusted household income for the conuurnty", and a®
WHEREAS,AS, Article 1 cf the foregoing leases provides that "'Affordable Rental, Lm::n�imii�,.. E
l of l l
Packet Pg. 1945
Q.3.a
Iwliiciiniiri wM Employee Housing ng Restriction' and 'Affordable-Employee Housing Restriction' shall be �
construed synonymously,ounsly, and shall ream the cumulative application of both tine above-stated
Employee Housing Unit Restriction and the above-stated CQ Affordable Rental, llf._,onv� .4nnc'o nne
Housing Restriction. Moreover, Lessor may establish in its Affordable-Employee Housing
Restriction"means"or"assets"'criteria that limit potential rental pools.Any such amendment shall
not increase Initial Lessee's responsibilities as set forth herein. It is the intent and purpose and
shall be the effect of this Lease and tine Affordable-Employee Housing Restriction comprising the
LL) Employee Housing Restriction and ,(Q the Affordable Rental, Housing a�
Restriction, to ensure that the employee housing affordability of°the dwelling unit and dedicated �
real property upon which they are located is maintained and enforced such that any administrative
rule, policy, or interpretation thereof, made by Lessor or its designees relating to the maximum
total amount of consideration and cast permitted to be in any way .➢nvolved in a purchase �
transaction(including, but not limited to, purchase price, lease assignment fees, rents, or any rather U)
compensation g ivern or received in or "outside" of a related transaction) shall never exceed the �
affordability-employee housing criteria established by Monroe County for the dwelling unit
involved. In every case, the construction and interpretation of terms, conditions, and restrictions
imposed by this Lease and tine Affordable-f mployee Housing Restriction(s)shall be made in favor
of ensaurin that long-term employee housing affordability benefits for the respective housing
resources inure to the benefit of Monroe County, its economy, and its community character. In the
event of any ambiguity as to whether the RA➢➢➢t is for ➢'n➢➢ ➢Rlidn income" or "lo'liv ➢➢➢➢°o➢➢'➢➢'" (➢off" , 'a
"does not exceed 30 percent of that amount lineup represenis up to 811 p erii ennp of the monthly �
median adjusted household nrncornne for the county"), the patter shall control", and
U)
WHEREAS, Article 1 of the foregoing Leases provides that "'Project' shall mean the
required development of the Dernised Premises for an affordable rental, IIImu-pulnu°o uuiu71, employee
housing unit for qualified tenant occupants, primarily the required construction of such unmet as set
forth in Article XIV, but also including related infrastructure,re, securing of required development
approvals and paerrmts, financing for the construction of the Affordable-Employee Housing Unit,
and marketing of"tile Affordable-Employee Housing Unit"; and
U)
0
WHEREAS, Article 1 of the foregoing pleases provides that "'Rent' shall mean any sum
of money ney due to the Lessor under this Lease for any reason. The ter➢un `Rent' as used herein, shall
not be ➢ isconstru➢ed as authorizing any rental use other than that authorized under the Affordable
Rental, llp.,is;rii;'�' p.n~neownne Employee HousingRestriction(s)within the bendy ofthis pease,and shall not
be misconstrued to preclude definition and distinguishing of rent,rental rates,and amines°such terms
as may be provided for in Subleases",- and
WHEREAS, Article l of the foregoing Leases provides that"'Sublessee' shall be broadly
and liberally construed sea as to ream an individual Affordable-Employee Housing Unit tenant �
who, as of tine date such person acquires or renews his interest in the Affordable-Employee
Housing Unit, qualifies under tine Ct) Employee Housing Unit Restriction and M the Affordable
Rental, L,i)i%➢ 1lwncoiinne Housing n Restriction"'; and
WHEREAS, Article XII, Section 12.01, of the foregoing Leases provides that "Without
the written consent of Lessor, Initial Lessee shall not assign or sublet any portion n of"the Dernnised
Premises, or change management of the Demised Premises., except as otherwise expressly �
2 of 11
Packet Pg. 1946
provided herein. Notwithstanding the foregoing, Lessor acknowledges and agrees that the
Affordable-Housing Unit is to be developed as a unit for qualified rental and rental-occupancy for
affordable rental, intmirie employee housing, as defined in the Affordable Rental, Linvi IL
Income Employee Housing Restriction(s). Any Lessor-authorized assignment or sublet, must .0
contain the provisions for the Affordable Rental, Low-Income Employee Housing Restriction(s)
as set forth in this Lease",- and
U)
WHEREAS,Article XII, Section 12.05,of the foregoing Leases provides that"Only rental
occupancy, by Occupants qualifying under the Affordable Rental, Lo�� fticome Employee
Housing Restriction(s) herein, of the Affordable.-Employee Housing Unit, is contemplated herein.
If Lessee cannot find a qualified tenant, for the Affordable-Employee Housing Unit, Lessee shall U_
notify Lessor who may provide Lessee with a qualified person or Lessor may have the right of first
refusal to purchase the Affordable-Employee Housing Unit. In order for Initial Lessee or a U)
subsequent owner to sell the Affordable-Erriployee Housing Unit,they shall be required to comply
with the following:
0
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AG REES THAT UPON
SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83 FLORIDA 0
STATUTES, THE LESSOR SHALL NOT' BE LIABLE OR RESPONSIBLE FOR
STORAGE OR DISPOSITION OF THE LESSEE'S PERSONAL PROPERTY. E
.............. ..................._............ .. ................... ........ .......... ............
WHEREAS, Article XVI, Section l6.05, of the foregoing Leases provides that "In the E
event the Lessee or sublessee fails to comply with the Affordable-Employee Housing Restrictions
at any given time or any portion of the Demised Premises is used for purposes other than U)
U_
Affordable Rental, Employee Housing by an interest holder of such portion, as they 4-
pertain to their respective interests in or portions of the Der raised Premises, such an occurrence will 0
be considered a material default by the offending party. Should the foregoing type of use default >
0
occur, then the default termination provisions provided for in this subsection, shall apply only to
those SUbtenant(s) and sublease(s) in default. In the foregoing event, Lessor (or Initial Lessee (or <
its assigns) in the event of and with respect only to a default by a particular Sublessee) may U)
terminate the subleases and tenancies involved, Lessee hereby agrees that ail occupants shall use U)
the Demised Premises and Improvements for Affordable Rental, Lci�vv-1 iiconii q,,Employee Housing
residential purposes only and any incidental activities related to the residential use as well as any
other uses that are permitted by applicable zoning law and approved in writing by Lessor"; and
0
WHEREAS, Article XVIL Section 17.01, of the foregoing Leases provides that "T.)uring
0
the continuance of this Lease the Lessee, and every Sublessee with respect to their leased portions U_
of the Demised Prermses, shall keep in good state of repair any and all buildings, furnishings, 0
fixtures, landscaping,and equipment which are brought or constructed or placed upon the Dernised
Premises, and the Lessee shall not suffer or permit any material strip, waste, or neglect of any E
building or other property to be committed, except for that of normal wear and tear. The Lessee
will (or shall cause Sublessee to) repair, replace and renovate such property as often as it may be E
necessary in order to keep the buildings and other property which is the subject matter of this Lease
in first class repair and condition.Additionally, Lessor shall not be required to furnish any services
or facilities, including but not limited to heat, electricity, air conditioning or water or to make any U_
repairs to the premises or to the Affordable Rental, Lova, I neonic, Employee Housing Unit"l- and
E
3of 11
Packet Pg. 1947
Q.3.a
IIER.E , Article XVIII, Section 18.01, of the foregoing Leases provides that "The �
Lessee covenants and agrees with the Lessor that the Dernised Premises will be used exclusively
for the construction and operation of Affordable Rental, p snv...Income Employee Housing aIL
®
dwelling unit(s) and for no other purposes oses whatsoever without Lessor's written consent, which
consent shall not be unreasonably withheld or conditioned"; and
'HERY4 A. , Article XX, Section 20.8 9, of the foregoing Leases provides that " here a �
change can reasonably be applied to benefit,enhance or support Lessor's Affordable Rental, Lo°aa,... �
hiicm:ume Employee Housing owls, objectives and policies, Lessor shall have the right to clams the �
benefit from any subsequent change to any applicable state or federal law or regulation that might
in any way affect this Lease, the Affordable-Employee Housing Restrictions, any Related
A reeme nts or their respective application and enforceability,without limitation. In such instance, �
this Lease shall be construed or,where necessary,may he reformed to give effect to this provision",
and
IE . A. , Article XX, Section 20.23, of the foregoing Leases provides that "The
Affordable-Employee Housing Unit is to be developed as a dwelling unit for qualified rental and
qualified rental-occupancy for Affordable Rental, III ,uuiv llll icciinnie Employee d-ousin 4`d"ranasie nt use,
vacation rental use, ow ner-OCCunp7anac;y, and any ether farm of use or occupancy other than �
Affordable Rental, l_,u:)°v--d unnou ae Er npaloy e Housing is hereby expressly prohibited absent express
written authorization and consent by Lessor„ Lessor or its designee, in its scale discretion, shall �
have the right to adopt as part of future Affordabie-Ennnprloyee Housing Restriction(s) provisions
to allow Sublessees the limited privilege to rent or lease their Affordable-Employee Housing n d..Jnit �
to qualified persons. Requests for such approval shall he made in accordance with such procedures
Lessor may in the future choose to adopt. It is contemplated,though not promised or required,that
certain limited rental provisions may be adopted in tyre future for- such circuurnstanaces such as, for
example" but without limitation°
(a) A Suublessee's required absence from the local area for official military dusty.
(b) A documented illness that legitimately requires a Sublessee to be hospitalized for an U)
extended period. �
(o) A family emergency legitimately requiring a Sublessee to leave the Keys d_or a period
longer than thirty (30) days.
0
Lessor, in its discretion, shall have the right to amend, modify, extend, rescind, decrease,
or terminate any such exceptions under this Section 20.23 or tine Aff-ordable-Employee
Housing Restrictions at any tine"; and
0
WHEREAS, Lessor and Lessee desire to enter into this First Amendment to Lease 0
Agreements to amend the foregoing provisions to increase allowable income limits from up to
V?6 of Area Median dneor ne (hereinafter "AMI") to cap to d 2001"0 AMl in order to serve essential �
services personnel and the Monroe County workforce as affordable housing tenants',
NOW,THEREF011E, 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: E
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Packet Pg. 1948
'rhe recitals contained herein are true and correct arid incorporated herein by
reference.
CL
2, The above-referenced original Lease Agreements between the parties are hereby P
incorporated as if fully stated herein..
3. The second prefatory recital of the above-referenced Lease Agreements is hereby U)
amended to read as follows4
WHEREAS, Lessee desires to develop the property for rental use of an affordable
rental, maaa a'o,i„!,aa 1 ii,!,2, employee housing unit for qualifted tenant occupants; U_
and
4,1, Article I of the above-referenced Lease Agreements is hereby amended to read as
follows: C
0
"Ernployee Housing Unit Restriction" shall mean a residential housing unit of
which use is restricted to households that derive at least 70 percent of their 0
household income from gainful employment in Monroe County and meet the C
adjusted gross annual incorne limits for income as defined in Monroe E
............................................................................................. 'a
County Code Section 10 1-1 (2019), as amended froin time to time, and of which C
0
tourist housing use or vacation rental use of such Unit(s) are prohibited. Said E
restriction to encumber the Property for the term of the ninety-nine (99) year lease.
U)
U_
5. Article I of the above-referenced Lease Agreements is hereby amended to read as 4-
0
follows:
0
"Affordable Rental, Ni'loderaite lnciwmiiiw,, Housing Restriction" shall mean a CL
CL
dwelling unit whose monthly rent, not including utilities, does not exceed 30 <
percent of the amount that represents up, ki 1 0 J!!:1irc(!uii1 of the monthly median U)
adjusted household income for the county.
6 Article I of the above-referenced Lease Agreements is hereby amended to read as C
follows- 0
"Affordable Rental, Employee Housing Restriction" and
0
"Affordable-Employee Housing Restriction"shall be construed synonymously,and U_
0
shall rneari the curnulative application of both the above-stated fJJ Employee
Housing Unit Restriction and the above-stated M Affordable Rental, N11odevitte- C
............._ 0
Iiiiicome Housing Restriction. Moreover, Lessor may establish ➢
in its Affordable- E
Employee HouAsing Restriction "means" or "assets" criteria that limit potential C
rental pools. Any such amendment shall not increase Initial Lessee's E
responsibilities as set forth herein. It is the intent and purpose and shall be the effect
of this Lease and the Affordable.-Employee Housing Restriction comprising the.(!) U_
Employee Housing Restriction and C21 the Affordable Rental, Moderate Income 4i
..............................................................................- C
Housing Restriction, to ensure that the employee housing affordability of the 0
E
dwelling unit and dedicated real property upon which they are located is maintained
5 of I I
Packet Pg. 1949
and enforced such that any administrative rule, policy, or interpretation thereof,
made by Lessor or its designees relating to the maximum total amount of 0
consideration and cost permitted to be in any way involved in a purchase transaction
(including, but not lirnited to, purchase price, lease assignment fees, rents, or any P
other compensation given or received in or"outside" of a related transaction) shall
never exceed the affordability-employee housing criteria established by Monroe
County for the dwelling unit involved, In every case, the construction and U)
interpretation of terms, conditions, and restrictions imposed by this Lease and the 0
Affordable-Employee Housing Restriction(s) shall be made in favor of ensuring
that long-term employee housing affordability benefits for the respective housing
resources inure to the benefit of Monroe County, its economy, and its community U_
character, In the event of any ambiguity as to whether the unit is for "median
income"or"low income"or"modera to!in
con e"(i.e.,"does not exceed 30 percent U)
............
of that amount that represents up to 1 2 1 1"I,pereent of the monthly median adjusted
household income for the county"), the most latter shall control.
0
The \ffordable Renud 11ousim; Rg�!lJcflon shafl
0
hI(JUde and allAwv,, and shafl no exchulc, an officr"Jse ,dlordaWe
aio who -
_( tJ_qfl1i�r%,ke meo's and siqisfic� �he lore, Jii
L.,nmhw:�e l lggJ g I hJ �yho vanes not guahl", under E
. K_1 0
11�ngl 'IdjuLted gross As Im modera(e, nJef ned
in vlonroe Coun Code Section lM-]" blv, SOle reason thw lie or �nIP��:
nnsicad E
qg qldles undcr a Hoxyer and � kO I]Wfld'�Jlll �fflord,,iWe reiflifl hg1!LJn
g]lnnknated undt�r the MonroC COW-1 and !]pj
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ng 4-
Vel giii iig aIeffiied Afl'w'dablc 11)usi ctio 11, 0
bUt Who (JOCS (:Iggld uridc.r a ower allordable, rcl gi housin" cattl!
>
Kjiij)jj��Ealed under 1he Monin)e CoLufly Code. Thcse loweii- and ",flso nM� 0
aQTorchfl e rental housino enlilDlo ee hcn usjng �!�mjes under the Nlonroe CL
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lode are-
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`nonincolne,, which mcaris a reni"d dwefling U)
,Iftorduble h
whose, moi2LIfly rent. ng! "n(,:Jg610 UffliOeS,, d0e,:b 10t CXCCt aJ
�unc)1110 j! e iliddy ln!�C�diari pare-�Fusted�IiogsehoW
scic�ion 0 0
b'dable remol 1�nr 11'n-"onu% Which nxTins a dwelJ1W uniL whos�,.,
0
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1nOnt111y1_gw, does no� Xceed 3 o.or iiit,� anwuni tha� 0
d
!�-IJW pgrcelfl of the monthl, Im d�an , LUSICdru
the count-1 "P,ee lvlonroe Couniv (-a de. aL sectk'�n 10 1-
E
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J, inedion incorne. vvh�ch means a dwOl' I Nvtiose
I/ WIN, k��!2
2b_rd "A'- E
nlontfikl rtnit, nol mcluding giiluOrs, does no excccd 301 wrcenil o 'Ihc alnolnfl ll.
u) to 100 perceni op V hc^. ly mad L� 'u'ruste J_n1n1 hu Orlic �br
the countu,�, `;ee Monroe Seq,6191111 11,10 11] U_
7. Article I of the above-referenced Lease Agreements is hereby amended to read as
E
6 of I I
Packet Pg. 1950
Q.3.a
follows:
"Affordable-Employee Housing n Unit" shall mean the dwelling unit to be located d
on the Property in accordance and in compliance with this Lease, including than
°dwµ Employee Housing Restriction and
Affordable-h nnRental,
loyeeu� ousi .III:Restriction.°
u omm
U)
. Article d of the above-referenced Lease Agreements is hereby arnerrded to read as 4)
follows:
a
"Project" shall mean the required development of the D rrndsed Premises for an
affordable rental, errpdoy e housing unit for qualified tenant
1 1�..°°,°°°°°°. "°°°°°° �
occupants, primarily the required construction of such unit as set forth in Article U)
dV, but also including related infrastructure, securing of required development as
approvals and permits, financing for the construction o f trine Affordable-Employee
Housing Unit, and marketing of the Affordable-Erunpndasyee Housing n Unit.
9. Article d of the above-referenced Lease Agreements is hereby ar nemded to read as
follows- 0
"Rent" shall mean any su.urn of money due to the Lessor under this Lease for any C
reason. The tears "Rent" as used herein, shall not be misconstrued as authorizing
any rental use other than that authorized Linder the Affordable Rental, I d000de nlouo U)
I neo��uroae Employee Housing n Restriction(s) within the body of this lease, and shade
not. be misconstrued to preclude definition and distinguishing ing of rent, rental rags, -
and other such terms as may be provided for an Subleases.
0
10. Article d of the above-referenced Lease Agreements as hereby amended to read as
follows:
U)
4)
"Sublessee" shnadd be broadly and liberally construed so as to ream an individual
Ad"p"oordable-Employee Housing Unit tenant who,as of e date such person acquires
or renews his or her interest an the Affordable-Employee Housing Unit, qualifies
under the ,��� Employee Housing d..Jnat Restriction and Q the Affordable Rental,,
Gadoundoµnon nuu o:uomna Housing Restriction.
0
d p. Article X11, Section d 2.0 p, of the foregoing Leases is hereby amended to read as
0
follonws-
C
0
Without the written consent of Lessor, Initial Lessee shall not assign or sublet any
portion onfthe lD rnised Premises,or change management of the lDerms d Premises, 0
except as otherwise expressly provided herein. Notwithstanding trine foregoing,
Lessor acknowledges and agrees that the Afflordable-HousingUnit as to be �
developed as a unit for qualified rental and rental-occupancy for affordable rental,
nnnownllll n®nnto nnno�^.o:nnnnn�o employee housing, as defined in the Affordable Rental, C
' ooindn,n°°ate-dnncomrnie Employee Housing Restractionnn(s). 0
E
7ofII
Packet Pg. 1951
Any Lessor-authorized assignment or sublet, must contain the provisions for the
Affordable Rental, Employee Housing Restriction(s) as set
...................................................................................................................................................................
forth in this Lease. CL
.0
11 Article XII, Section 12.05, of the foregoing Leases is hereby amended to read as
follows:
U)
Only rental occupancy, by occupants qualifying under the Affordable Rental,
Employee Housing Restriction(s) herein, of the Affordable-
Employee Housing Unit, is contemplated herein. If Lessee cannot find a qualified
tenant, for the Affordable-Employee Housing Unit, Lessee shall notify Lessor who U_
rnay provide Lessee with a qualified person or Lessor rnay have the right of first
refusal to purchase the Affordable-Employee Housing Unit. In order for Initial U)
Lessee or a subsequent owner to sell the Affordable.-Employee Housing Unit,they
shall be required to comply with the following: C
0
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON
SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83 FLORIDA 0
STATUTES, THE LESSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR C
STOA. GE LEEE'SRSI1O1NA11LROE... . ... 0
.R. OR .P. I ... . E. .-----11 P ......- ...................__ .. . E
'a
C
13. Article XVI, Section 16.05, of the foregoing Leases is hereby am 0ended to read as E
follows:
U)
U_
In the event the Lessee or sublessee fails to comply with the Affordable-Employee 4-
Housing Restrictions at any given time or any portion of the Demised Premises is 0
used for purposes other than Affordable Rental, Employee >
.................................. 0
Housing by an interest holder of such portion, as they pertain to their respective
interests in or portions of the Demised Premises, such an occurrence will be <
considered a material default by the offending party. Should the foregoing type of U)
use default occur, then the default termination provisions provided for in this U)
subsection, shall apply only to those subtenant(s) and sublease(s) in default. In the
foregoing event, Lessor (or Initial Lessee (or its assigns) in the event of and with
C
respect only to a default by a particular Sublessee) may terminate the subleases and
0
tenancies involved. Lessee hereby agrees that all occupants shall use the Demised
Premises and Improvements for Affordable Rental, Employee
............................................................................................................................................................................ 0
Housing residential purposes only and any incidental activities related to the U_
0
residential use as well as any other uses that are permitted by applicable zoning law
and approved in writing by Lessor. C
0
E
'a
14. Article XVII, Section 17.01, of time foregoing Leases is hereby amended to read as C
0
follows: E
During the continuance of this Lease the Lessee, and every Sublessee with respect
to their leased portions of the Demised Premises, shall keep in good state of repair U_
.;j
C
any and all buildings, furnishings,, fixtures, landscaping, and equipment which are 0
E
brought or constructed or placed upon the Dermsed Prernises, and the Lessee shall
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not suffer or permit any material strip, waste, or neglect of any building or other
property to be committed, except for that of normal wear and tear. The Lessee will
(or shall cause Sublessee to) repair, replace and renovate such property as often as
it may be necessary in order to keep the buildings and other property which is the
sub ect matter of this Lease in first class repair and condition. Additionally, Lessor
shall not be required to furnish any services or facilities, including but not limited
to heat, electricity, air conditioning or water or to make any repairs to the premises
or to the Affordable Rental, Inciimiie Employee Housing Unit.
15.. Article XVIII, Section 18.01, of the foregoing Leases is hereby amended to read as
.2
follows: U.
The Lessee covenants and agrees with the Lessor that the Demised Premises will U)
be used exclusively for the construction and operation of Affordable Rental,
P1111"I 11��14 1 e ra(III,III hii1imme Employee Housing dwelling unit(s) and for no other purposes C
............ .........................................whatsoever without Lessor's written consent, which consent shall not be 0-
unreasonably withheld or conditioned. CD
0
16. Article XX, Section 20.19, of the foregoing Leases is hereby amended to read as C
0
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follows- 'a
C
0
Where a change can reasonably be applied to benefit, enhance or support Lessor's E
Afl'ordable Rental, Jklyderaliii� liiwoine Employee Housing goals, objectives and
...I.................................................................................. U)
policies, Lessor shall have the right to claim the benefit from any subsequent
U.
change to any applicable state or federal law or regulation that might in any way 4-
0
affect this Lease, the Affordable-Employee Housing Restrictions, any Related
Agreements or their respective application and enforceability, without limitation. 0
In such instance, this Lease shall be construed or, where necessary, may be
reformed to give effect to this provision.
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0
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17. Article XX, Section 20,23, of the foregoing Leases is hereby amended to read as
follows-
C
The Affordable-Employee Housing Unit is to be developed as a dwelling unit for 0
qualified rental and qualified rental-occupancy for Affordable Rental, Moiderate
..................................................................................
liiiccime Employee Housing, Transient use, vacation rental use, owner-occupancy,
0
and any other rorm of use or occupancy other than Affordable Rental, klodera(e- U.
..............- 0
hilicioune Employee Housing is hereby expressly prohibited absent express written
C
authorization and consent by Lessor. Lessor or its designee, in its sole discretion, 0
E
shall have the right to adopt as part of future Affordable-Employee Housing 'a
C
Restriction(s) provisions to allow Sublessees the limited privilege to rent or lease 0
their Affordable.-Employee Housing Unit to qualified persons. Requests for such. E
approval shall be made in accordance with such procedures Lessor may in the future
choose to adopt. It is contemplated, though not promised or required, that certain U.
limited rental provisions may be adopted in the future for such circumstances such 4i
C
as, for example, but without limitation 0: E
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Packet Pg. 1953
Q.3.a
(a) A Sublessee's required absence from the local area for official military duty. �
(b) A documented illness that legitimately requires a Sublessee to be hospitalized
for an extended period. IL
(c) A family emergency legitimately requiring a Sublessee to leave the Keys for a
period longer than thirty (30) days.
Lessor, in its discretion, shall have the right to amend, modify, extend, rescind, U)
decrease, or terminate any such exceptions under this Section 20.23 or the 0
Affordable-Employee Housing Restrictions at any time,
a
18. All reference(s)to "Affordable Rental, Los%% pnconie Employee Housing" made in
Exhibits "C" attached to the original Leases are hereby struck and are herein �
replaced and shall hereafter be substituued �,Nritb refeu-ence(s), instead, "'Affordable �
Rental, :Du,liwiI eratiii,;- uuuco vie Employee Housing" �
19. All of the other terms, covenants, conditions, and provisions of the Lease
Agreements eats dated June 20, 2018, except those expressly modified and rendered
inconsistent by this Amendment, remain in full force and effect and binding upon
the parties.
20. Each party agrees that they have authority to sign this Amendment our 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 suuch party and to Fully bind U)
such party to the terms and obligations of this Amendment.
4-
0
21. This Amendment is binding on the successors and assigns of the parties.
0
22. "flops Amendment shall take effect upon execution by the Mayor, following receipt
of this Amendment executed by the Lessee.
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4)
IN wrrNESS 1Q EI OF, the undersigned executed this First Amendment to
Occupancy Agreements and pease Agreements this day of March, 2019.
,ESSOR:
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS (SEAL)
ATTEST- KEWN MADOK, CLERK U_
y; _ By:
Mayor Sylvia J. Murphy Deputy Clerk
Monroe County Attorney E
Approved as to For �
By TY ATTORNEY
�� � �� 11 COUP
�n Assn.. T
> �anDft C°�enrnuy �.uu��n�y �
PUNTY AT
tmM` .. .
Packet Pg. 1954
Q.3.a
LESSEE: ITNlE°,SS ;S AS 'r0 LESSEE-
FLORIDA KEYS COMMUNITY LAN D ".IC]E Us' ,
C., a Florida not-for-profit corporation Signed, sealed and delivered a.
By _...._..... _,,,... _
Maggie Whitcomb, Director Witness No. I as to Lessee (Print Name) is
U)
Witness No.
o I as to Lessee (Signature)
a
Witness No. 2 as to sasses (Print Name) �
Witness No. 2 as to Lessee (Signature)
0
STATE OF FLORIDA.
0
COUNTY OF MONROE
BE IT: N,'Fhat on the day of two thousand and nineteen, before mane,
a Notary Public in and for the State of Florida, County of Monroe, duty commissioned and sworn, �
personally came and appeared MAGGIE WHITCOMB, as Director of Florida Kays Community Land
Trust, Inc.,to me p erscmnap.py known or has produced_. as identification and U)
_._
did take an oath.IN T ES'I':[M NY WHEREOF,p have hereunto subscribed my name and affixed gay seat
of office the spay and year past above written.
[Seal]
NOTARY PUBLIC (Print Name and Notary No.) NOTARY 1PUBLIC. SEAL U)
NOTARY PUBLIC (Signature)
0
0
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rm
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Packet Pg. 1955