1st Amendment 04/17/2019 GJR GOUgTQC�1,
e;i ";•.°g'� Kevin Madok, CPA
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.�`ou� Clerk of the Circuit Court&Comptroller— Monroe County, Florida
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DATE: April 26, 2019
TO: Alice Steryou .
Contract Monitor
FROM: Pamela G. Hanc.atl).C.
SUBJECT: April 17'BOCC Meeting
Attached is an electronic copy of each of the below items for your handling.
C3 Residential Lease with a County employee, for Location F, commencingJune 1, 2019
through May 31, 2020. The monthly rental amount is $550.00.
C4 Residential Lease with a County employee, for Location E, commencing June 1, 2019
through May 31, 2020. The monthly rental amount is $550.00.
C28 1st Amendment to Commercial Lease with Oxford Business III Corporation for a two
year lease extension for the Supervisor of Elections office at 100th Street in Marathon.
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: Facilities Supervisor
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
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FIRST AMENDMENT TO COMMERCIAL LEASE
This FIRST AMENDMENT TO COMMERCIAL LEASE is made and entered into this
17th day of April, 2019, by and between OXFORD BUSINESS III CORPORATION, a Florida
profit corporation, whose new principal address is 2727 Ponce de Leon, Coral Gables, Florida
33134, hereinafter referred to as "LESSOR", and BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street,Key West,Florida 33040,hereinafter referred to as"LESSEE".
WHEREAS,the Lessor and Lessee entered into a Cofinercial Lease dated May 21,2014,
("Lease"),for office space located at Unit A and Unit B, 100'h Street Center,commonly known as
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises
being occupied by the Monroe County Supervisor of Elections; and
WHEREAS, the initial term of the Lease was for a term of five (5) years beginning on
June 1, 2014,and expiring on May 31, 2019; and
WHEREAS, the Lease provides that Lessee shall have the option to extend the term for
five(5)additional one (1) year renewal terms upon expiration of the initial term,subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease;and
WHEREAS,Lessee provided proper notice to Lessor that it desired to extend the term.of
the Lease,and Lessor offered to renew the lease for a two(2)or three(3)year term rather than the
one(1)year renewal term as provided in the Lease;and
WHEREAS, Lessee has accepted the offer of Lessor and desires to renew the term for an
additional two (2) years to begin on June 1, 2019, and expire on May 31, 2021, with the annual
base rent increase pursuant to the Lease terms; and
WHEREAS, Lessor is entitled to an increase of the base rent by the greater of an annual
C.P.I.U. adjustment or by 3.25%on the anniversary date as allowed under the Lease; and
WHEREAS, Lessor is entitled to an increase in Lessee's prorate share of the annual costs
for fire,flood and windstorm insurance,real property taxes,waste collection fees,common utilities
and annual costs to keep and maintain in good repair the building exterior, landscaping, lighting,
sidewalks, driveways, curbs and sign; and
WHEREAS,Lessor's principal address has changed and its address for notice pursuant to
Paragraph 31 of the Lease has also changed and this Amendment will reflect the new addresses;
and
WHEREAS, Lessee desires to amend Paragraph 39 of the Lease to include revised non-
discrimination language pursuant to its updated County ordinances and/or Florida Statutes;and
WHEREAS, the parties'find it mutually beneficial to amend the Lease as to the term,
monthly base rent,address changes,and nondiscrimination language; and
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NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein,the parties agree as follows:
1. The initial five (5) year term under this Lease initiated on June 1, 2014, and
terminates on May 31,2019,as set forth in the WITNESSETH Paragraph of the Lease. Paragraph
43 of the Lease provides that Lessee shall have an option to extend the term for five(5)additional
one(1)year terms subject to proper notice from Lessee to Lessor.
2. Lessee provided proper notice to Lessor exercising its option to renew the Lease
for an additional one (1) year term. Lessor offered to instead renew the Lease for a two (2) or
three (3) year term, and Lessee accepted said offer to avoid the Supervisor of Elections' office
having to move or renew its Lease during a Presidential election year.
3. The term of the renewal for this Lease shall be for two (2) years commencing on
June 1,2019,and terminating on May 31,2021,under the same terms and conditions of the original
Lease, unless terminated earlier under another paragraph of this Lease.
4. Pursuant to Paragraph 1 of the Lease, the base rent shall be subject to an annual
adjustment increase of the greater of a)C.P.I. U.for the 12-month period ending on December 31'1
of the previous year or b) 3.25%on each successive anniversary date.
5. Commencing on June 1, 2019, for use of the premises the Lessee shall pay the
Lessor a base rent, which has been increased by 3.25%pursuant to the Lease, in the total monthly
amount of Two Thousand Nine Hundred Ninety-seven and 05/100($2,997.05)Dollars,payable in
arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Florida
Statute, Section 218.70.
6. Lessee shall also pay in addition to the monthly base rent, its prorata share of the
annual costs pursuant to Paragraph 2 of the Lease, which is subject to adjustment during the term
of the Lease. Lessee currently pays annual costs at a rate of 7.05. in the current amount of One
Thousand Two Hundred Fifty-six and 66/100 ($1,256.66) Dollars, which has now increased to a
rate of 7.48,for a new monthly annual costs amount of One Thousand Three Hundred Thirty-three
and 31/100($1,333.31) Dollars per month.
7. Commencing on June 1, 2019, Lessee shall pay a total monthly rental amount of
Four Thousand Three Hundred Thirty and 36/100 ($4,330.36) Dollars, for the base rent and its
prorate share of the annual costs.
8. Lessor's principal address is changed to 2727 Ponce de Leon,Coral Gables,Florida
33134, as reflected in the opening paragraph herein. Lessor's address for purposes of any notice
to be sent from Lessee to Lessor pursuant to Paragraph 31 of the Lease has changed and said
paragraph is amended to reflect the new address as follows: OXFORD BUSINESS III
CORPORATION, do Emerald Real Estate, Inc., 1395 Brickell Avenue, Suite 760, Miami, FL
33131.
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9. Paragraph 39 of the Lease with regard to non-discrimination shall be amended in
its entirety and replaced by the following paragraph:
39. Lessor and Lessee agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
Lessor or Lessee agrees to comply with all Federal and Florida statutes, and all local
ordinances,as applicable, relating to nondiscrimination. These include but are not limited
to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination
on the basis of sex;3)Section 504 of the Rehabilitation Act of 1973,as amended(20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970(PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss.690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color,sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
10. All of the remaining terms and conditions of the Commercial Lease dated May 21,
2014,not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
(CORPORATE SEAL) OXFORD BUSINESS III CORPORATION,
ATTEST: LESSOR
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ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY: (� BY: 4i .. 9tee30,/,../.,
Deputy Clerk Mayor/Chairperson
Date: CIu,(,6 7, 7-O l 9
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PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
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