1st Amendment 07/15/2020 °° ' ��, Kevin Madok, CPA
11 '. ;:%' Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: August 20, 2020
TO: Kevin G. Wilson, PE
Assistant County Administrator
Suzanne Rubio
Executive Administrator
FROM: Pamela G. HancoC.
SUBJECT: July 15th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
Cl Lease Amendment providing for mutual termination of die Agreement between the
County and Archdiocese of Miami for use and maintenance of the athletic field at St. Peter
Catholic Church on Big Pine Key and approval for the Mayor to execute the Amendment upon
receipt of the executed copy from the Archdiocese.
Should you have any questions please feel free to contact ❑ e at (305) 292-3550,
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
FIRST AMENDMENT TO LEASE AGREEMENT
This FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this
15'h day of July 2020, by and between Thomas G. Wenski,as Archbishop of the Archdiocese of
Miami, ("Lessor"), and Monroe County, ("County" or "Lessee"), a political subdivision of the
State of Florida,whose address is 1100 Simonton Street,Key West,Florida 33040.
WHEREAS,on October 9, 1991,the County,as Lessee,entered into a ten-year Agreement
with Edward A. McCarthy, as Archbishop of the Archdiocese of Miami, as Lessor, ("Original
Agreement"), to construct and pay for certain capital improvements to be used as recreational
facilities on property known as St. Peter Catholic Church, at 31300 Overseas Highway, Big Pine
Key, Florida("Property");and
WHEREAS,the Original Lease was for a ten-year term commencing on October 9, 1991,
and terminating on October 8,2001, at a rental of One and 00/100($1.00) Dollar per year; and
WHEREAS, the County performed its obligations under the Original Agreement and
installed and maintained certain capital improvements at the Property,but at the expiration of the
initial ten-year period,the Original Agreement was not renewed, and,therefore,lapsed;and
WHEREAS, on December I, 2006, J. Favalora, as Archbishop of the Archdiocese of
Miami,("Lessor"),and Monroe County,("County"or"Lessor"),entered into a Lease Agreement
for the County to install and maintain other recreational improvements in exchange for the St.
Peter Catholic Church site being available to the public through a program of coordinated use
("2006 Lease Agreement');and
WHEREAS,the term of the 2006 Lease Agreement commenced on October I,2006,and
terminates on September 30, 2021;and
WHEREAS,the 2006 Lease Agreement also sought to revive the Original Agreement and
incorporated in its scope to revive the cooperative use of the recreational facilities at St. Peter
Catholic Church in Big Pine Key,Florida; and
WHEREAS, the parties operated under the 2006 Lease Agreement and maintained a
shared harmonious use of the Property as an asset for the community for many years;and
WHEREAS, Monroe County endured Hurricane Irma on September 10, 2017, and
extensive damage occurred at the Property which resulted in Lessee's inability to utilize the
Property for its intended purposes;and
WHEREAS,Lessor is currently using the Property, set aside for Lessee's shared use,as a
construction staging area for the rebuild of St. Peter Catholic Church and Lessee will be unable to
access the Property for the foreseeable future;and
WHEREAS,the County has reopened the Big Pine Key Community Park after post-Irma
repairs and the local community is now well served with the recreational activities and facilities
available at that Park,without the need for continued use of the St. Peter Catholic Church Property;
and
WHEREAS, the 2006 Lease Agreement does not provide a clause for termination for
convenience,but rather only for cause;and
WHEREAS, Lessor and Lessee agree that it would be in the best interests of both parties
to allow an early termination of the Lease prior to its current termination date of September 30,
2021,and thus provide Lessor with the opportunity to fully utilize its Property in restoring St. Peter
Catholic Church and the surrounding grounds to its former and best use;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein,the parties agree as follows:
I. The parties agree that it will not be possible in the near future to fulfill the primary
purpose of the Original Agreement and subsequent 2006 Lease Agreement due to ongoing
construction activities at the St. Peter Catholic Church Property.
2. The parties agree that the needs of the surrounding community are now being met
by the recreational facilities available at the local Big Pine Key Community Park and to continue
with the 2006 Lease Agreement or Original Agreement would not be in the best interests of either
the Lessor or Lessee.
3. The parties mutually agree to an early termination of the Original Agreement dated
October 9, 1991,and the Lease Agreement dated December I.2006,with neither party having any
further duty, obligation, or liability to the other under the terms of any of the above listed
documents.
4. Lessor may retain ownership and title to any capital improvements made by Lessee,
with no amortization of the costs. _ ,a,
IN WITNESS WHEREOF,each party caused this First Amendment to Leas&Agreemeg , n
to be executed by its duly authorized representative. c-s
(SEAL) ARCHDIOCESE OF MIAMI o 0
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ATTEST: KEVIN MADOK,CLERK OF MONROE CO NTY FLORIDA
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MONROECOLIN11.ATTORNEYS OFFICE
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July 15, 2020
The Mast Reverend Thomas G. Wenski
Archbishop of Archdiocese of Miami
9401 Biscayne Blvd.
Miami Shores, FL 33138
RE: Lease dated December I, 2006, with Monroe County
Recreational Field at St. Peter's Church
Dear Archbishop Wenski:
On December I, 2006, the Board of County Commissioners of Monroe County ("BOCC")
approved a Lease Agreement between J. Favalora as Archbishop of the Archdiocese of Miami,as Lessor,
and Monroe County, as Lessee, authorizing the parties to revive cooperative use of the recreational
facilities/field at St. Peter's Catholic Church at 31300 Overseas Highway in Big Pine Key. For your
convenience, 1 am herewith enclosing a copy of the Lease Agreement("Lease"). The term of the Lease
is October I, 2006, through September 30, 2021.
The parties had operated under that Agreement up until the occurrence of Hurricane Irma on
September 10, 2017. After Irma, the Red Cross used the field for an emergency encampment. The field
is currently used by the Church and will be for the foreseeable future for its construction staging during
the rebuild of St. Peter's. After some post-Irma repairs at the Big Pine Key Community Park,the County
has reopened activities there that will serve the community's athletic needs without the need for use of
the St. Peter's Church recreational field in the future. Due to the construction at this time, the County is
unable to utilize the Church field pursuant to the Lease.
The Lease does not provide a provision for termination for convenience, but rather only for cause
as seen in paragraph 10 of the Lease. County staff has discussed the issue of a mutual termination of the
lease term with the Parish Priest and it was agreed that the original purpose of the initial agreement will
not be possible for the foreseeable future. It would be in the best interests of both parties to agree to a
mutual termination of the Lease at this time.
The Most Reverend Thomas G. Wenski
July 15, 2020
Page Two
We are, therefore, proposing to submit an Amendment to the Lease, which would provide for a
mutual early termination of the Lease at the time of approval by the BOCC, rather than the termination
date of September 30,2021. This would allow the Church to then utilize the recreational field area in any
manner that it may need to do so and also terminate the County's responsibilities under the Lease. You
will find enclosed for your review the proposed Amendment. If you are in agreement,please execute the
Amendment as Lessor before the appropriate witness and return a scanned copy to Assistant County
Attorney, Patricia Fables, at eables-Patricia@monroecounty-Fl.Rov. Please then return the original
executed Amendment to Patricia at P. O.,Box 1026, Key West, Florida 33041.
Respectfully yours,
AWC-
AaIIC lAan armtmator
1Comen :u est
County Administrator
Enclosure
(Sent via Certified Mail/Return Receipt Requested
No.7017-2620.0001-0596-4864)