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Item C24 County of Monroe m BOARD OF Cot NT% ColnnsstONERS Mayor Michelle CoIdiom.District 2 The Florida Keys May ProT Dad Rice.District 4 t Craig Cates District I Eddie Martinez.,District 3 Mike Forster.District 5 County Commission Meeting December 9, 2020 Agenda Item Number: C.24 Agenda Item Summary #7647 ADDED BACKUP: Added signed First Amendment to Backup documents (highlighted below) BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305)292-4549 no AGENDA ITEM WORDING: Approval of a First Amendment to the Social Services Shopping Center Lease Agreement with KIR Key Largo 022, LLC, at the Tradewinds site in Key Largo as to new notice addresses for the Landlord and County, add a new address for rental payments, and delete a management fee. ITEM BACKGROUND: The parties hereto on May 3, 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 I, 2019. The address for the County needs to be updated also in Paragraph I, Section (0), as the address for the staff contract monitor has changed. Staff seeks approval of this First Amendment to revise the addresses as reflected in Paragraph I, Sections (N) and (0) for the Landlord and Monroe County. The BOCC had previously approved a First Amendment on December I I, 2019. However, the amendment was not fully executed due to the Landlord's failure to execute the Amendment, so the Clerk rescinded the First Amendment at the BOCC meeting on September 16, 2020. This new First Amendment is also to add/change the remittance lockbox address for the monthly rental payments and t, remove the 4% Management Fee and Taxes, which were part of the base rent, since the County is Tax Exempt. PREVIOUS RELEVANT BOCC ACTION: September 16,2020 BOCC rescinded the First Amendment, which was not fully executed, at the request of the Clerk of Court's office. December 11,2019 BOCC approved a First Amendment, which was never executed by the Landlord. 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: Yes - Address changes for Landlord &County staff on certain notices which revises Paragraph I, Sections (N)and (0). Remove the 4% management fees and taxes. Provides new address for monthly rental payments. STAFF RECOMMENDATION: Approval DOCUMENTATION: Signed First Amendment to Lease Kir Key Largo 022, LLC(Revised Final & legal stamped) First Amendment to Lease Kir Key Largo 022, LLC(Revised Final & legal stamped) Notice of Landlord Address Change_Tradewinds Social Services Tradewinds S.C.Map 03/21/2019 Shoping Center Lease Agreement Tax Exempt Certificate 3-2017 to 3-2022 FINANCIAL IMPACT: Effective Date: November 1,2019 (Address changes only) Expiration Date: Three(3)years with cancellation provisions Total Dollar Value of Contract: Approximately$155,000 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 CPI503-530440) 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 REVIEWED BY: Patricia Eables Completed 11/24/20204:41 PM William DeSantis Completed 11/24/20204:43 PM Purchasing Completed 11/24/20204:51 PM Budget and Finance Completed 11/24/2020 5:02 PM Maria Slavik Completed 11/24/2020 5:49 PM Liz Yongue Completed 11/24/2020 6:00 PM Board of County Commissioners Pending 12/09/2020 9:00 AM DocuS gn Envelope ID 005DF45C 1.7 a-4]I7 SF=E-4A51_0277139C FIRST AMENDMENT TO SHOPPING CENTER LEASE SHOPPING CENTER LEASE PREMISES: TRADEW INDS S.C., KEY LARGO, PROJECT I.D.No. SFLK0022,- Plot 005 BLDG. ID: 100220—SUITE I MASTER OCCUPANT ID: 00012192 MONROE COUNTY, FLORIDA THIS hereinafter"First Amendment to Shopping Center Lease" is made and entered into this 9'h day of December 2020, between MONROE COUNTY BOARD OF COUNTY 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 Attn: Legal Department,500 North Broadway, Suite 201, P.O. Box 9010, Jericho,NY 11753. WHEREAS, the parties hereto did on May 3, 2019, 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 WHEREAS, both the Landlord and the County have new Notice addresses 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 desire to delete payment of the management fee, as part of the Base Rent, as set forth in Article 3, Section 3A of the Lease; and WHEREAS,the parties find it mutually beneficial to amend its Original Lease Agreement as to the Landlord's and County's new Notice or Other Communications addresses and to delete the management fee;and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I. Paragraph I: Basic Lease Provisions and Definitions, Section (N) Landlord's Notice Address, and Section (0) Tenant's Notice Address of the Original Lease Agreement shall be revised as follows: FOR COUNTY: FOR LANDLORD: Monroe County Board of County Commissioners KIR Key Largo 022, LLC "Attn:Alice Steryou, Contract Monitor" Attn: Legal Department 3583 S. Roosevelt Blvd. 500 North Broadway, Suite 201 Key West, FL 33040 PO Box 9010 Jericho,NY 11753 With a copy to: With a copy to: Monroe County Attorney KIR Key Largo 022,LLC 1111 12'h Street, Suite 408 Attn: Legal Department Key West, FL 33040 6060 Piedmont Row Drive South, Suite 200 Charlotte,NC 28287 2. The County shall submit the monthly rental payments to the Landlord at the following address: Page 1 of 3 DocuSign Envelope ID.005DF45C-3076.4C17-9FFF-4A51CO27789C KIR Key Largo 022, LLC P.0.Box 62045 Newark,NJ 07101 3. Effective as of August 31,2019,the fourth(41h)sentence of Article 3,Section 3(A) (Base Rent) shall be deleted in its entirety. Accordingly, the County shall not be required to pay the four percent (4%) management fee set forth therein from and after August 31, 2019. The remainder of Article 3, Section 3(A)shall continue in full force and effect. 4. Except as set forth in paragraphs I, 2 and 3 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, remain in full force and effect. SIGNATURE PAGE TO FOLLOW Page 2 of 3 0ocu5 G =weiope it CV074:,] L'Cc-a� )_DEEP -eIco2WB C TENANT: (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Dale: Date: LANDLORD: KIR KEY LARGO 022, LLC. By: Kimco Income Operating Partnership, L.P., its managing member riD, By: Kimco Income REIT, its general partner 1U Witnesses For LANDLORD: S .ba. tceer. r By: "`�`t.w`w�a""� Signature of person authorized to Signature legally bind Corporation nerd chechanover 11/30/2020 11/30/2020 Date: Printed Name and Date Gary J. Bazydlo.Vice President Print Name and Title C --� Address: Attn: Legal Department Signature 500 N. Broadway, Suite 201 wen Del Piano 12/1/2020 PO Box 9010 wen* Jericho,NY 11753 Printed Name and Date V2PvaQ.Fan,t.,H-roalksi p �}PATRICIA EWE p le. 11 2A020 Page 3 of 3 C.24 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting December 9, 2020 Agenda Item Number: C.24 Agenda Item Summary #7647 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 no AGENDA ITEM WORDING: Approval of a First Amendment to the Social Services Shopping Center Lease Agreement with KIR Key Largo 022, LLC, at the Tradewinds site in Key Largo as to new notice addresses for the Landlord and County, add a new address for rental payments, and delete a management fee. ITEM BACKGROUND: The parties hereto on May 3, 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. The address for the County needs to be updated also in Paragraph 1, Section (0), as the address for the staff contract monitor has changed. Staff seeks approval of this First Amendment to revise the addresses as reflected in Paragraph 1, Sections (N) and (0) for the Landlord and Monroe County. The BOCC had previously approved a First Amendment on December 11, 2019. However, the amendment was not fully executed due to the Landlord's failure to execute the Amendment, so the Clerk rescinded the First Amendment at the BOCC meeting on September 16, 2020. This new First Amendment is also to add/change the remittance lockbox address for the monthly rental payments and t, remove the 4% Management Fee and Taxes, which were part of the base rent, since the County is Tax Exempt. PREVIOUS RELEVANT BOCC ACTION: September 16, 2020 BOCC rescinded the First Amendment, which was not fully executed, at the request of the Clerk of Court's office. December 11, 2019 BOCC approved a First Amendment, which was never executed by the Landlord. Packet Pg.941 C.24 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: Yes - Address changes for Landlord& County staff on certain notices which revises Paragraph 1, Sections (N) and (0). Remove the 4% management fees and taxes. Provides new address for monthly rental payments. STAFF RECOMMENDATION: Approval DOCUMENTATION: First Amendment to Lease Kir Key Largo 022, LLC (Revised Final & legal stamped) Notice of Landlord Address Change—Tradewinds Social Services Tradewinds S.C.Map 03/21/2019 Shoping Center Lease Agreement Tax Exempt Certificate 3-2017 to 3-2022 FINANCIAL IMPACT: Effective Date: November 1, 2019 (Address changes only) Expiration Date: Three(3) years with cancellation provisions Total Dollar Value of Contract: Approximately $155,000 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) 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 REVIEWED BY: Patricia Eables Completed 11/24/2020 4:41 PM Packet Pg.942 C.24 William DeSantis Completed 11/24/2020 4:43 PM Purchasing Completed 11/24/2020 4:51 PM Budget and Finance Completed 11/24/2020 5:02 PM Maria Slavik Completed 11/24/2020 5:49 PM Liz Yongue Completed 11/24/2020 6:00 PM Board of County Commissioners Pending 12/09/2020 9:00 AM Packet Pg.943 C.24.a FIRST AMENDMENT TO SHOPPING CENTER LEASE SHOPPING CENTER LEASE PREMISES: TRADEWINDS S.C., KEY LARGO, PROJECT I.D. No. SFLK0022/- Plot 005 BLDG. ID: 100220 —SUITE 1 MASTER OCCUPANT ID: 00012192 MONROE COUNTY, FLORIDA THIS hereinafter "First Amendment to Shopping Center Lease" is made and entered into this 9th o day of December 2020, between MONROE COUNTY BOARD OF COUNTY u COMMISSIONERS (hereinafter "County" or "Tenant"), a political subdivision of the State of o Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, and KIR KEY LARGO 022,LLC("Landlord"),whose address is Attn: Legal Department,500 North Broadway, W E Suite 201,P.O. Box 9010, Jericho, NY 11753. a� WHEREAS, the parties hereto did on May 3, 2019, 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 WHEREAS, both the Landlord and the County have new Notice addresses 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 ru CD WHEREAS, the parties desire to delete payment of the management fee, as part of the 2 Base Rent as set forth in Article 3 Section 3A of the Lease; and 06 WHEREAS,the parties find it mutually beneficial to amend its Original Lease Agreement as to the Landlord's and County's new Notice or Other Communications addresses and to delete the management fee; and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: c®i CD 1. Paragraph 1: Basic Lease Provisions and Definitions, Section (N) Landlord's o Notice Address, and Section (0) Tenant's Notice Address of the Original Lease Agreement shall be revised as follows: FOR COUNTY: FOR LANDLORD: Monroe County Board of County Commissioners KIR Key Largo 022, LLC "Attn: Alice Steryou, Contract Monitor" Attn: Legal Department 3583 S. Roosevelt Blvd. 500 North Broadway, Suite 201 Key West, FL 33040 PO Box 9010 Jericho, NY 11753 E With a copy to: With a copy to: �t Monroe County Attorney KIR Key Largo 022, LLC e 1111 12th Street, Suite 408 Attn: Legal Department U- Key West, FL 33040 6060 Piedmont Row Drive South, Suite 200 Charlotte, NC 28287 E 2. The County shall submit the monthly rental payments to the Landlord at the following address: Page 1 of 3 Packet Pg.944 C.24.a KIR Key Largo 022, LLC P. O. Box 62045 Newark, NJ 07101 3. Effective as of August 31, 2019,the fourth(4th) sentence of Article 3, Section 3(A) (Base Rent) shall be deleted in its entirety. Accordingly, the County shall not be 6 required to pay the four percent (4%) management fee set forth therein from and after August 31, 2019. The remainder of Article 3, Section 3(A) shall continue in o full force and effect. u 0 4. Except as set forth in paragraphs 1, 2 and 3 of this First Amendment to Shopping Center Lease, in all other respects,the terms and conditions set forth in the Original W E Lease Agreement, as amended, remain in full force and effect. a� SIGNATURE PAGE TO FOLLOW cv cv CD 0 Page 2 of 3 Packet Pg.945 C.24.a TENANT: (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor 0 Date: Date: a� LANDLORD: KIR KEY LARGO 022, LLC. �-- By. Kimco Income Operating Partnership, L.P., its managing member By: Kimco Income REIT, its general partner Witnesses for LANDLORD: By: Signature of person authorized to Signature legally bind Corporation U- Date: > Printed Name and Date Gary J. Bazydlo, Vice President Print Name and Title N CD Address: Attn: Legal Department o Signature 500 N. Broadway, Suite 201 PO Box 9010 Jericho, NY 11753 Printed Name and Date 0 MO ROE COUNTY ATTORNEY' OFFICE °- U- PATRICIA EMLES ASSISTANT COO ATTORNEY GATE: 1I . Page 3 of 3 Packet Pg.946 9307 1000 3860 0218 4342 96 00007123 C.24.b ns NOTICE OF LANDLORD ADDRESS CHANGE N October 15,2019 Monroe County Board of County 1100 Simonton Street Suite 2-216 F Key West,FL 33040 Attention:Monroe County Board of County y ns Tenant d.b.a.:Monroe County Board of County Tenant Store#: Tradewinds S.C. y US Hwy. 1 &Samson Rd. Key Largo,FL 33037 Account Number: 100220-026451 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: y 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 0 Charlotte,NC 28287 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. 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. y Sincerely, KIR Key Largo 022,LLC s( � By: Name: Gary Bazydlo Title: Regional General Counsel,Vice President Change of Address Notice Reference:ACN2019-07326 Contact Type:Tenant Enclosed: IRS Form W9 for the Landlord ns Packet Pg.947 O C) C) 0, `,h rC'�i- 1)) co v- ��i- I�i �) f'r� s) o - o 96uegD-spuimpeal4e sseal s;!s jeeW a®iueS ®;;uewpuewV 4sai_q) de�-D-S spuimapeal :4u9wg3e44V co _ � N m U a o D J4 0 a_ o U o x - N c L = a ° - - o D cn D +� U ,� L U Q a� O o -0 v) L a �v o s F U a v Z m O Q o U x Un a N W U d F u '; Qm Uan N Q '; \ \ a y '; S U d- S) r co Cr O r co Cr O ...,! r() `r r u, HIM / a I y II,l Il l O ' o \\\\\ `\\\ ` \\\\ � Mr oq% f° 7 1 t i coo _ cc N a dab to E � - 0 v �3 LU 0 > ® w o P 0 Uj ■ of e- 0 ULU Gs „� 0 C7 Q 6 1® z Z Z c 1s�ti�li')) - — - — - — -— -� � uQi Ln t ��t :J\ U000037 01/24/17 D -14 r=.. . 1 15 Issued Pursuant to Chapter 21 lorida Statutes FLORMA 35-8 5204C-7 03d3 �03131�12022OVERNENT apirt€"0,t ��CO�UNZTY C rti ,t Nur0bw EfFe 2 v t ti r Category 06 This certifies that 0 MOROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST KEY WEST FL 33040-3110 CJ N is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. e® -1 InformationImport nt==mpo r t a i . 10115 FLORIDA m .E 1. You must provide ail vendors ana suppliers with an exemption certificate before making tax-exempt purchases. o See Rule 12A-1.038, Florida Administrative Code(FA.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, CD and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property(Rule 12A-1.070, FA.C.). o r. . It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. cs 6. if you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes,"then "Registration Information," and finally"Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 640, Tallahassee, FL 3231 -6480. x Received m i M 30 2017 Finance Dept. Packet Pg.949 C.24.e No: 16A01-03 Tax Information Publication [date Issued: 0 April 7, 1 TIP FLORIDA Now, Simplified Process for Nonprofit Organizations ObtainiCertificates n exemption from lor! sales and use tax is grantedo certain nonprofit organizations and governmental entities that meet the criteria described in sections 21 . ( ), 212.0 (7), an 21 .12(2), Florida Statutes. To be entitled to the exemption, Florida law requires that nonprofit organizations and governmental entities (except federalagencies) obtain sales tax exemption certificate (For -1 , Consumer's Certff7cate of Exemption) from the Florida Department of Revenue. Simplified Appi i new Application for a Consurnees Certificate of Exemption (For -5) is now available. The new Application streamlines the process for establishing that a nonprofit organization or governmental entity meets the statutory criteria for each exemption category. Information on who qualifies, what is exempt, and howto establish qualification is providedfor each exemption cats This new Application is available at: www.myflorida.com/dortforms c Departmental Review of Expiring Certificates Sales tax exemption certificates expire after five years. However, holders of exemption certificates i icate every five years. The Department will review each exemption cerlificate sixty ( ) days before the current certificate expires. y For those nonprofit organizations and governmental entities located in Florida, the Department ill use available public information to determine whether an organization or entity continues to qualify for a salest exemption certificate. If an organization or entity continues to meet the statutory exemption criteria, a newexemption certificate ill be 0 issued. If additional information is needed, a letter requesting documentation will be mailed to the organization or entity. cv For those nonprofit organizations and governmental entities located outside Florida, the Department will mail a letter requesting ther the organization or entity wishes to have their certificate renewed. The letter will also provide a list of documentationneeded for the Department to renew the exemptioncertificate. If the organization or entity fails to respond tote written requests for information or documentation or the Department is unable to confirm that the organization or entity continues to qualify for an exemption, a written noticedenying the renewal of the exemption certificate ill be mailedto the organization r entity. References: Sections ), 1 . ), 212.084, and 213.12(2), Florida Statutes Received E Finance t. Packet Pg.950