3rd Amendment 04/15/2020 0/":"'- Kevin Madok, CPA
e Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: June 3, 2020
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hance.
SUBJECT: April 1 5"' I3OCC Meeting
Attached is an electronic copy of the following item for your handling:
D1 3rd Amendment to Irase Agreement with Roberto Sanchez, Trustee of a certain
Land Trust dated October 21, 1991, and Southernmost Development, Inc., as Lessors, for the
Public Defender's Office at the Professional Building, providing for the annual CPI-l- adjustment.
Annual cost of the lease is $16.5,933.67 and is paid from ad valorem finds.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc Facilities Supervisor
County Attorney
Fin:mcc
File
KEY WEST MARATHON PLANTATION KEY PI(/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Rorida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO THE LEASE AGREEMENT is made and entered
into this 18th day of March, 2020, by and between Roberto Sanchez, as Trustee
under that certain Land Trust Agreement dated October 21, 1991, (FEID 65-
6026453), a "Land Trust", whose address is P.O. Box 414586, Miami Beach, Florida
33141 ('LESSOR)", and Southernmost Development, Inc., a for-profit corporation
incorporated in the State of Florida, whose address is P.O. Box 414586, Miami
Beach, Florida 33141 ("LESSOR)", and the BOARD of COUNTY COMMISSIONERS
for MONROE COUNTY, a political subdivision of the State of Florida,whose address
is 1100 Simonton Street, Key West, Florida 33040, ("COUNTY" or"LESSEE")
WHEREAS, the Lessors and Lessee entered into a Lease Agreement dated
January 10, 2019, and approved by the Board of County Commissioners on January 23,
2019, ("Lease Agreement"); and
WHEREAS,the Lessors and Lessee entered into a First Amendment to the Lease
Agreement dated May 22, 2019, ("First Amendment"), which revised the property
description, decreased the rental amount, and revised paragraph 7 as to certain
insurance requirements; and
WHEREAS, the Lessors and Lessee entered into a Second Amendment to the
Lease Agreement dated August 21, 2019, ("Second Amendment"), which revised the
property description after Suite 312 was included in the leased area and increased the
rental amount based on the adjusted lease area; and
WHEREAS, LESSOR, Roberto Sanchez, as Trustee under that certain Land Trust
Agreement dated October 21, 1991, owns Suites 301, 310, 311, and 312; and LESSOR,
Southernmost Development, Inc., owns Suite 302; and
WHEREAS, the Original Lease provides that on the 1"day of February, 2020 and
annually thereafter, there shall be an adjustment to the base rent which shall be derived
by taking the preceding year's rent and increasing the same by three percent(3%) or the
percentage change of the Consumer Price Index (CPI-U) for the preceding twelve (12)
months ending in the preceding December, whichever is lower; and
WHEREAS, the Consumer Price Index (CPI-U) for the preceding twelve (12)
months ending in December 2019 was 2.3%; and
NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the Lessors and the Lessee agree as follows:
1. In accordance with Paragraph 4, A and B., RENT, of the Lease Agreement, as
amended,the Lease base rent amount shall be adjusted annually in accordance with
1
the percentage change In the U.S. Department of Commerce Consumer Price Index
for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics
at December 31, 2019, of 2.3%, with that being lower than the 3% increase as
provided In the Lease Agreement, with the payment Increasing on the effective date
of February 1,2020.
2. Paragraph 4A., RENT, of the Lease Agreement, as amended, shall be replaced
completely with the following:
4. RENT.
A. For the use of the Premises, the LESSEE must pay the LESSORS
the total rental sum of One Hundred Sixty-five Thousand Nine Hundred
Thirty-three and 67/100 ($165,933.67) Dollars per year, due in monthly
Installments payable in arrears upon receipt of a proper Invoice from each
LESSOR or a combined Invoice from both LESSORS for the entire Premises
identified in Exhibit "A-revised — 2nd Amendment", as attached to the Second
Amendment, pursuant to the Florida Prompt Payment Act, Sections 218.70,
Florida Statutes, et. seq. Each LESSOR agrees that there will be one (1)
comprehensive monthly rental payment for the entire Premises, which shall be
made payable to Roberto Sanchez, Trustee, with said monthly rent payments
sent to:
Roberto Sanchez, Trustee
P.O.Box 414586
Miami Beach, Florida 33141
3. This Third Amendment shall be retroactive to February 1, 2020.
4. The remaining terms of the Lease Agreement,as amended, not inconsistent herewith,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day
and year first above written.
(SEAL) Roberto Sanchez,as Trustee, under
ATTEST: that certain LAND TRUST AGREEMENT
dated October 1991,
LESS°
B • •
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Pri ed Name: (0 Printed Name: A/an4 4 .%
Title: Title: -Ake tit
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(SEAL) SOUTHERNMOST DEVELOPMENT,
INC.,LESSOR
ATTEST:
BY: // Y:
Printed Nam . H- mted Narakijc/a 4 v
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(SEAL) MONROE COUNTY BOARD OF
ATTEST: .KEVIN MADOK, CLERK COUNTY COM ISSIONERS,
LESSEE
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