Item O1 0.1
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�p�` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: 0.1
Agenda Item Summary #7219
BULK ITEM: No DEPARTMENT: County Clerk of Court
TIME APPROXIMATE: STAFF CONTACT: Pamela Hancock(305) 292-3550
N/A
AGENDA ITEM WORDING: Approval to rescind the First Amendment to Social Services
Shopping Center Lease Agreement at the Tradewinds site in Key Largo as to the Landlord's new
address and County contract monitor address under the "Notice or Other Communications" provision
of the Lease.
ITEM BACKGROUND: Monroe County and Kir Key Largo 022, LLC (Landlord), entered into a
Shopping Center Lease on March 21, 2019, for the Social Services office and congregate meal site in
Key Largo. Subsequent thereto, the Landlord notified the County of an address change for any
notices and the County contract monitor had also changed addresses. The Board granted approval of
a First Amendment to the Lease at the December 11, 2019, BOCC meeting (Item M3). The First
Amendment revised the addresses reflected for both the Landlord and the County as to the Notice
provisions in Paragraph 1, Sections (N) and (0) of the Lease. The Landlord has failed to execute
and return the First Amendment and thus this document has not been forwarded to the Clerk's Office
for execution. The Landlord now seeks other additional changes to the Lease. This request is to
rescind the First Amendment approved in December 2019. Staff will continue to coordinate with the
Landlord to finalize an agreeable Amendment on any necessary changes.
PREVIOUS RELEVANT BOCC ACTION:
December 11, 2019 BOCC approved a First Amendment to Shopping Center Lease to reflect
address changes.
March 21, 2019 BOCC approved a Shopping Center Lease Agreement at the Tradewinds
Shopping Center, at 101437 Overseas Highway, Key Largo, Florida, to
serve as a temporary Social Services' office and congregate meal site with
an effective date of May 1, 2019.
CONTRACT/AGREEMENT CHANGES:
Rescinds First Amendment
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STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Item M3 12_11_2019 - First Amendment to Shopping Center Lease
FINANCIAL IMPACT:
Effective Date: 9/16/2020 (As to rescission of the First Amendment only)
Expiration Date: 9/16/2020
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Kevin Madok Skipped 08/05/2020 12:26 PM
Patricia Eables Completed 08/31/2020 6:49 PM
Kathy Peters Completed 09/01/2020 8:41 AM
Sheryl Graham Completed 09/01/2020 5:03 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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BOARD OF COUNTY COMMISSIONERS
Countyof MonroeMayor Heather Carruthers,District 3
�,U� Mayor Pro Tern Michelle Coldiron,District 2
The Florida Keys 1 Danny L.Kolhage,District 1
� va David Rice,District 4
Sylvia J.Murphy,District 5 cy
N
CD
County Commission Meeting
December 11, 2019
Agenda Item Number: M.3
Agenda Item Summary #6294
0
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
no N
AGENDA ITEM WORDING: Approval of a First Amendment to the Social Services Shopping
Center Lease Agreement at the Tradewinds site in Key Largo as to the Landlord's new address under
the "Notice or Other Communications"provision.
ITEM BACKGROUND: The parties hereto on May 1, 2019, entered into a Shopping Center Lease
Agreement, for a storefront site at the Tradewinds Shopping Center, located at 101437 Overseas
Highway, Key Largo, Florida, to serve as a temporary Social Services' office and congregate meal
site while construction proceeds on the new Plantation Key Courthouse site. Staff received a Notice
from the Landlord of an Address Change as to notices and other communications. The Landlord will
be changing its address for "Notices or Other Communications" to be sent to the Landlord as set
forth in Paragraph 1, Section (N) of the Lease with an effective date of November 1, 2019. They
address for the County needs to be updated also in Paragraph 1, Section (0), as the address for the 0
staff contract monitor has changed. Staff seeks approval of this First Amendment to revise the v
addresses as reflected in Paragraph 1, Sections (N) and(0) for the Landlord and Monroe County. c
PREVIOUS RELEVANT BOCC ACTION:
March 21, 2019 BOCC approved a Shopping Center Lease Agreement at the Tradewinds
Shopping Center, at 101437 Overseas Highway, Key Largo, Florida, to U-
serve as a temporary Social Services' office and congregate meal site with
an effective date of May 01, 2019.
i
CONTRACT/AGREEMENT CHANGES: C141
Yes - Address changes for Landlord & County staff on certain notices which revises Paragraph 1,
Sections (N) and (0).
E
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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First Amendment to Shopping Center Lease - KIR (legal stamped)
Notice of Landlord Address Change_Tradewinds Social Services c
Tradewinds S.C.Map
03/21/2019 Shoping Center Lease Agreement
FINANCIAL IMPACT:
Effective Date: November 1, 2019 (Address changes only)
Expiration Date: Three(3) years with cancellation provisions
E
Total Dollar Value of Contract: Approximately $155,000 0
Total Cost to County: Full cost
Current Year Portion: Approximately$41,000 plus buildout costs
Budgeted: Partially
Source of Funds: Capital funds (314—26008-560620 CP1503-530440) n
CPI: N/A
Indirect Costs: staff time
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: NO If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A a
0
REVIEWED BY:
Patricia Eables Completed 11/25/2019 2:31 PM 0
Sheryl Graham Completed 11/25/2019 3:52 PM
Cary Knight Completed 11/25/2019 3:54 PM E
William DeSantis Completed 11/25/2019 3:58 PM
Budget and Finance Completed 11/25/2019 4:00 PM E
Maria Slavik Completed 11/25/2019 4:22 PM
Kathy Peters Completed 11/25/2019 4:26 PM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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Packet Pg. 2830
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FIRST AMENDMENT T ING CENTER LEASE
SHOPPING CENTER LEASE PREMISES: TRADEWTNDS S.C., KEY LARGO, Cq
SITE NO. SFL0022/- Plot 005 CD
N
MONROE COUNTY, FLORIDA
THIS hereinafter First Amendment to Shopping Center Lease is made and entered into
this 11"' day of December, 2019, between MONROE COUNTYCOUNTY
COMMISSIONERS (hereinafter "County" or "Tenant"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, and KIR KEY
LARGO 022, LLC ("Landlord"), whose address is 3333 New Hyde Park Road, P. O. Box 5020, E
New Hyde Park,New York 11042-0020.
WHEREAS,the parties hereto did enter into a Shopping Center Lease Agreement for lease
of certain premises located in Monroe County, Florida, and approved by the County on March 21,
2019, (hereinafter"Original Lease Agreement"); and N
WHEREAS, the Landlord and County both have a new Notice address and the Original
Lease Agreement, shall be revised to reflect solely the new Landlord "Notice or Other
Communications" address, and the County's new address for Notice; and
WHEREAS,the parties find it mutually beneficial to amend its Original Lease Agreement W
as to the Landlord's and County's new Notice or Other Communications address; y
NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
1. Paragraph 1, Basic Lease Provisions and Definitions, Section ( ) Landlord's Notiee
Address, and Section ( ) Tenant's Notice Address, of the Original Lease Agreement,
shall be revised as follows:
(N) Landlord's Notice Address: KIR KEY LARGO 022, LLC
500 North Broadway, Suite 201
P. O. Box 9010
Jericho,NY 11753
With a copy to:
KIR KEY LARGO 022, LLC ,
c/o Kimco Realty Corporation
6060 Piedmont Row Drive South, Suite 200 i
Charlotte,NC 28287
i
N
(0) Tenant's Notice Address: Monroe County Board of County Commissioners
Attention: Alice Steryou, Contract Monitor
3583 S. Roosevelt Blvd.
Key West, FL 33040
Page I of
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With a copy to:
Monroe County Attorney ci
N
1111 12"' Street, Suite 408 CD
0
Key West, FL 33040
2. Except as set forth in Paragraph I of this First Amendment to Shopping Center Lease, in
all other respects, the terms and conditions set forth in the Original Lease Agreement, as
amended, shall remain in full force and effect.
E
0
a
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest. KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA,
TENANT 2
0
By: .........._.,................................................................................................................. By:
Deputy Clerk Mayor
Date:
LANDLORD:
KIR KEY LARGO 022, LLC
By: KIMCO Income Operating
0
Partnership, LP,
U)
Its Managing Member 0
By: Kimco Income IT,
Its General Partner E
Witnesses for LANDLORD:
........... ..................................I.................. ....................................................................................................................................................................................... E
....... Signature of person authorized to
Signature legally bind Corporation
U-
Date:
Pr".... ................................................................................................................................................................................................................................................................................................................................................. .................
inted Name and Date C44 1
......................................... C...................................................... 44
Print Name and Title
Address: E
Signature
P�.................................................................................................................................................................................................................................................................................................................................................. E
inted Name and iCE
ima>—) <
Page 2 of 2 PAT ICI a
A EABLES
ATTP2W2e--
ASSISTANT COUT-,:ij� Packet
DATE. 2,--4 _!!StLPg. 2832
93071000 3860 0218 4342 96 00007123
NOTICE OF LANDLORD ADDRESS CHANGE
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October 15,2019
Monroe County Board of County
1100 Simonton Street Suite 2-216
Key West,FL 33040
Attention:Monroe County Board of County
Tenant d.b.a.:Monroe County Board of County
Tenant Store#:
Tradewinds S.C.
US Hwy. 1 &Samson Rd.
Key Largo,FL 33037
Account Number: 100220-026451
ns
RE: Change of Notice Address for KIR Key Largo 022,LLC("Landlord");
Tradewinds S.C.,located in Key Largo,FL 33037
Dear Tenant:
The Landlord will be changing its addresses for notices or other communications that you may wish to send
to the Landlord under your Lease. Effective November 1,2019,the Landlord's addresses for notices will be:
KIR Key Largo 022,LLC
500 North Broadway,Suite 201
P.O.Box 9010
Jericho,NY 11753
With a copy to: KIR Key Largo 022,LLC,c/o Kimco Realty Corporation
6060 Piedmont Row Drive South,Suite 200
Charlotte,NC 28287
0
The addresses set forth above,should only be used as the Landlord's mailing addresses for notices or other
communications you wish to send to the Landlord. The Landlord's previous notice concerning payments you are
required to make to the Landlord under the Lease remain the same and are unchanged. For your convenience,
enclosed is an updated IRS Form W-9 for the Landlord. 03
Should you have any questions concerning billings or payments due under your Lease, please contact
Nancy Darr,Tenant Account Analyst,at 704-362-6156 or by e-mail at ndarr@kimcorealty.com. General inquiries
and other property related matters should be directed to our 24-hour call center at 833-800-4343.
Sincerely,
KIR Key Largo 022,LLC
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By:. .
Name: Gary Ba.............. ........
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Title: Regional General Counsel,Vice President
Change of Address Notice Reference:ACN2019-07326
Contact Type:Tenant
Enclosed: IRS Form W9 for the Landlord
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Packet Pg. 2833
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