Item H4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May
15, 2013
Division: Growth Management
Bulk Item: Yes
x
No _
Department: Planning
Staff Contact Person/Phone #Susan Grimsley Ex.2500
AGENDA ITEM WORDING: Approval of Third Amendment to Occupancy Agreement and Ground
Lease between Monroe County and Habitat for Humanity of the Upper Keys, Inc. to allow Lessee to
plat the leased property for the construction of seven single family homes and act as agent for Monroe
County, Lessor and Owner.
ITEM BACKGROUND: Habitat for Humanity of the Upper Keys, Inc. is building seven single family
homes on property located at 104 First St., Key Largo, leased from Monroe County for 99 years. The
Executive Director has requested that Habitat be allowed to convey/assign the leasehold interest by lot
with each sublessee/buyer having sole interest in the property, which is the Habitat model for single
family home ownership. There are no common areas proposed. Habitat has submitted an application for
platting, but needs permission from Monroe County as the owner, to proceed with the application.
PREVIOUS RELEVANT BOCC ACTION:
May 20, 2009 BOCC approved lease with Humanity for Humanity of the Upper Keys, Inc. to build 14
affordable housing units on property at 104 First St.
April 21, 2010 BOCC approved First Amendment to change the term to 100 years.
March 21,2012, BOCC approved Second Amendment to Lease changing the project from 14 attached
units to 7 detached units.
CONTRACT/AGREEMENT CHANGES: This amendment allows Habitat for Humanity of the
Upper Keys to apply for a re -plat of the leased property.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No No AMOUNT PER MONTH
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Included Not Required
AGENDA ITEM #
Year
Revised 7/09
Habitat for Humanity of the
Upper Keys, Inc.
Building houses in partnership with God's people in need
April 21, 2013
Dear Board of County Commissioners;
The Board of Habitat for Humanity of the Upper Keys would like to ask the BOCC to
consider our request to plat the Mandalay property at 104 First Avenue, MM 97 in Key
Largo. The primary reason we petitioned the county last year to allow Habitat for
Humanity reduce the amount of homes from 14 multi -family units to 7 single family
homes is based on our core value of individual home ownership for the low -middle
income working class. Financially our small affiliate can generate enough funds to build
7 units over a 5 year period. Trying to raise enough money to build 14 was beyond the
reality and scope of our capacity. More than anything else, our affiliate functions best
when we are building single family homes. With donated land and purchasing materials
and labor often times at cost, we can provide the dream of home ownership at the most
affordable price. Our experience with the 5 unit Holzman Complex at MM 99 which was
completed in the fall of 2010 has taught us that single family home ownership in Fee
Simple is the most affordable way to go. A homeowners or condo association with
monthly fee's increases the cost of living and puts a financial burden on the home owners
that is not necessary when you have individual home ownership without an association to
deal with.
There also needs to be a governing body with an association that is not necessary with
individual home ownership. Of course everyone is expected to live in harmony and
follow the rules, but a homeowners association sometimes causes internal conflict that
must be regulated by a governing body, which in turn usually means a management
company must oversee the operation, thus increasing the monthly cost of home
ownership.
Our intent all along has been to build the 7 two and three bedroom homes and sell them
individually to each new Habitat family that is fortunate enough to qualify. We
respectfully request the BOCC allow us to plat this project so we can best serve our
community and the Habitat families that may experience the American dream of home
ownership.
YRe
ack Nied alski
Executive Director, HFHUK
(305)-453-0050 P.O. Box 2151, Key Largo, FL 33037 * director(uhabitatupperkeys.org
OocN 1789845 09/18/2020 9:45AN
Filed 8 Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
PREPARED BY AND RETURN TO: DocN 1789845
SUSAN GRIMSLEY MR 2466 PgN 226
MONROE COUNTY
2798 OVERSEAS HIGHWAY
MARATHON, FL. 33052
FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE
THIS FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE
(First Amendment), dated this 21AC day of 2010, is made by and between
Monroe County, a political subdivision of the Stike of Florida (Lessor) and Habitat for Humanity
of the Upper Keys, Inc., a Florida non-profit corporation (Lessee).
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain 99-year Lease (Lease) dated May 20,
2009, for the property legally described on Exhibit A attached having RE# 00554720-000000 and
RE#00554720-000100, known as 104 First Street, Key Largo, Monroe County for the
development of Fourteen (14) affordable housing dwelling units, said Lease being recorded in
Monroe County Public Records at Official Records Book 2414 at Page 490; and
WHEREAS, in drafting the Lease an Annual Base Rent in the amount of Ten Dollars ($10.00)
was included in the Lease as said language was considered usual and customary for consideration
in a deed or lease; and
WHEREAS, Lessor and Lessee desire to amend the Lease to provide that there shall be no rent
payable under the Lease, the intent being that the Lease will comply with Florida Statute
196.199(2)(b); and
WHEREAS, Lessor and Lessee desire to amend the Lease to also provide that the initial term
shall be one hundred (100) years in order to be taxable as provided under Florida Statute
196.199(7) ;
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and incorporated herein by reference.
2. The Lease is presently valid and in full force and effect.
3. In Article I Definitions, the definition of the word "Term" shall be amended as follows:
"Term" means the Commencement Date and continuing for One Hundred (100) years thereafter,
plus any agreed upon extension of this Lease, and unless otherwise permitted by Lessor, all
Subleases and rights or interests granted thereunder shall terminate at the end of the Term.
4. In Article I Definitions, the definition of the term "Affordable Housing Unit' shall be amended
as follows:
Page 1 of 3
Ooep 1739845
Skp 2466 Pep 227
"Affordable Housing Unit" shall mean a residential housing unit that meets the moderate
or lesser income requirements set forth in applicable sections of the Monroe County Land
Development Regulations, as may be amended from time to time without limitation of Lessor's
complete legislative prerogatives, said restrictions to encumber the Property for the term of the
One Hundred (100) year lease. The singular includes the plural and the plural includes the
singular when referenced herein.
5. Section 3.01 Term shall be amended as follows:
Term: To have and to hold the Demised Premises for a term of One Hundred (100) years
commencing on the Commencement Date and ending One Hundred (100) years thereafter, both
m dates inclusive, unless sooner terminated or extended as hereinafter provided (the Termination
Date). Lessee shall be given possession on the Effective Date and the terms and conditions set
forth herein shall be binding on the parties as of the Effective Date. Lessee shall have the right to
occupy the Demised Premises as of the Effective Date in order to allow Lessee to commence
construction as well as other activities related to the development and construction of the Project.
As herein set forth, the Term will not commence until an Affordable Housing Unit is completed
and a Certificate of Occupancy has been issued for that Affordable Housing Unit, said date to be
evidenced by the Commencement Date Agreement that the parties will, upon completion of
construction of the first Affordable Housing Unit, execute in substantially the same form as that
set forth in Exhibit C hereto, reflecting a term of One Hundred (100) years.
6. In Article 1, Definitions, the definition of "Rent" is hereby deleted and notwithstanding
anything contained in the Lease to the contrary there shall be no annual base rent due. However,
obligations for any other payment considered as additional rent and any other financial
obligations provided for in the Lease shall remain in full force and effect.
7. Section 4.01 of the Lease is hereby deleted to provide that there shall be no base rental
payments due pursuant to this Lease so that the leasehold shall be taxed as real property with an
ownership interest in Lessee or sub -lessees.
8. All other terms of the Lease referring to a ninety - nine (99) year lease shall reflect the change
to One Hundred (100) Years if not specifically referenced in this First Amendment.
9. Exhibit D of the Lease shall be amended as attached as Exhibit B to reference the One Hundred
(100) year term.
10. The effective date of the terms of this First Amendment shall be May 20, 2009, to reflect the
original intent of the parties; therefore application is retroactive.
11. Except as expressly modified by the First Amendment, all terms and conditions of the Lease
remain in full force and effect, binding upon the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 2 of 3
Docll 1769845
BkN 2466 Pop 228
IN WITNESS WHEREOF, the undersigned exeSuted this First Amendment to Occupancy
Agreement and Ground Lease this ZIAt day of 2010.
LESSOR:
MONROE COUNTY BOARD OF
rnT MTV rnMMic4IPNF.I2c i
Y L. KOLHAGE, CLERK
Sylvia J
STATE OF FLORIDA
COUNTY OF MONROE
Be it known, that on the /°�* day of 2010, before me, a Notary Public in and for
the State of Florida, County of Monroe, Ay commissioned and sworn, personally came and
appeared Sylvia J. Murphy, as Mayor of Monroe County, to me personally known. In testimony
whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last
above written.
PAIAE•lA 4 NANCOCIC
MY COMMISSION N DD 73N412 C71
(SW) V EXPIRES: FebIliVY 7, 2012 Ik ' NOTARY PUBLIC
E, sQr*d'nw Nowt' Fdit =
r
LESSEE:
HABITAT FOR HUMANITY OF THE UPPER
KEYS, INC.
Witness:
Print Namest !SV�-ftN
(2) Cy�c,l.c�2 r c 4h
Print Name ( e
STATE OF FLORIDA
COUNTY OF MONROE
esident
Daniel MgAft
Print Name
Ex
ve r
Print Name Jack Neidbalski
Be it known, that on the It S day of� , 2010, before me, a Notary Public in and
for the State of Florida, of Monroe, duly commissioned and sworn, personally came and
appeared N • Ici to me personally known or who provided
1-' L . as identification. In testimony whereof; I have hereunto
subscribed my name and affixed my seal of office the day and year last above written.
(Seal)
KENIE RODRIGUEZ
=•;Sh;": MY COMMISSION # D13859117
EXPIRES February 08, 2013
4W)398-0759 FbWallotarySemm.com
Page 3 of 3
Doc# 1789845
Bk# 2466 Pg# 229
Exhibit A
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to the Plat thereof, as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County, Florida
being more particularly described as follows:
Beginning at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
Northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southeasterly direction along the arc, of a
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.28 feet; thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds from
the last described course for a distance of 44.50 feet;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds from the last described
course for a distance of 47.97 feet; thence run with a
deflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
62.50 feet; thence run with a deflection angle to the left
of 90 degrees 00 minutes 00 seconds from the last described
course for a distance of 75.97 feet; thence run with a
deflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
107.00 feet to the Northeasterly line of said Block 3;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds and Southeasterly along the
Northeasterly line of said Block 3 for a distance of 46.88
feet to a point of curvature; thence in a Southwesterly
direction along the arc of a curve concave to the West,
having a radius of 25.00 feet and a delta angle of 89
degrees 59 minutes and 30 seconds for a distance of 39.27
feet; thence run in a Southwesterly direction along the
Southeasterly line of said Block 3 for a distance of 100.00
feet; thence run with a deflection to the right of 90
degrees 00 minutes 30 seconds from the last described
course for a distance of 250.02 feet back to the Point of
Beginning, containing 24,990.66 square feet, more or less.
AND ALSO:
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to the plat thereof as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County,
Florida, being more particularly described as follows:
Commencing at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southwesterly direction along the arc of a
Doe# 1789845
Bk# 2488 P9# 230
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.28 feet, thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet to the point of beginning of the
parcel hereinafter described, thence run a deflection angle
to the right of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 44.50 feet, thence
run with a deflection angle to the right of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 47.97 feet, thence run with a deflection angle
to the left of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 75.97 feet, thence
run with a deflection angle to the left of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 107.00 feet to the Northeasterly line of said
Block 3, thence run with a deflection angle to the left of
90 degrees 00 minutes 00 seconds and Northwesterly along
the Northeasterly line of said Block 3 for a distance of
28.00 feet back to the point of beginning, containing
5994.29 square feet, more or less.
DacV 1789843
Bkp 2466 P9N 231
EXHIBIT D
LETTER OF ACKNOWLEDGEMENT
TO: Initial Lessee, or its assigns
Address of Initial Lessee, or its assigns
DATE:
This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to the
Affordable Housing Unit that I am purchasing. I hereby acknowledge the following:
• That I meet the requirements set forth in the Affordable Restrictions to purchase
an affordable unit. I understand that the unit I am buying is being sold to me at a
price restricted below fair market value for my, future similarly situated persons
and Monroe County's benefits.
• That the Affordable Housing Unit that I am purchasing is subject to a ioo-year
ground lease by and between Monroe County, a political subdivision of the State
of Florida, and (hereinafter
"Lease") and therefore I will be subleasing a parcel of land.
• That my legal counsel, has explained to me
the terms and conditions of the Lease, including without limitation the meaning
of the term "Affordable Restrictions", and other legal documents that are part of
this transaction. If I have not had legal counsel, I state here that I have had an
opportunity to have obtain such counsel, understand its importance, and have
knowingly proceeded to closing without it.
• That I understand the terms of the Lease and how the terms and conditions set
forth therein will affect my rights as an owner of the Affordable Housing Unit,
now and in the future.
• That I agree to abide by the Affordable Restrictions, as defined in the Lease, and I
understand and agree for myself and my successors in interest that Monroe
County may change some of the Affordable Restrictions over the ioo-year term of
the Lease and that I will be expected to abide by any such changes.
• That I understand and agree that one of the goals of the Lease is to keep the
Affordable Housing Units affordable from one owner to the next, and I support
this goal.
• That in the event I want to sell my Affordable Housing Unit, I must comply with
the requirements set forth in the Lease, including but not limited to the price at
which I might be allowed to sell it, the persons to whom I might be allowed to sell
it to and that the timing and procedures for sales will be restricted.
• That my lease prohibits me from severing the improvements from the real
property.
• That my family and I must occupy the Affordable Housing Unit and that it cannot
be rented to third parties without the written approval of the Lessor.
• I understand that in the event that I die, my home may be devised and occupied
by my wife, my children or any other heirs so long as they meet the requirements
Exhibit B to First Amendment to Occupancv Agreement and Ground Lease
DOCN 1789845
BkN 2468 PgN 232
for affordable housing as set forth in the Lease.
That I have reviewed the terms of the Lease and transaction documents and that I
consider said terms fair and necessary to preserve affordable housing and of
special benefit to me.
I hereby warrant that I have not dealt with any broker other than
in connection with the consummation
of the purchase of the Affordable Housing Unit.
Occupant Signature
s to First Amendment to
Habitat for Huma
pper
Occupant Signature
WNROE COUNTY
OFFICIAL RECORDS
reement and Ground Lease
SECOND AMENDMENT
TO
OCCUPANCY AGREEMENT AND GROUND LEASE
This Second AlnendmerVo Occupancy Agreement and Ground Lease (Second Amendment)
dated thisaay ofZA,4
, 012, is made by and between Monroe County (County), a
political subdivision of the State of Florida (Lessor) and Habitat for Humanity of the Upper Keys,
Inc., (Habitat) a Florida non-profit corporation (Lessee).
WITNESSETH:
Whereas, Lessor and Lessee entered into that certain 99 year lease (Lease) dated May 20,
2009, for the property legally described on Exhibit A attached, known as 104 First Street, Key
Largo, Monroe County for the development of fourteen (14) affordable housing dwelling
units(units), said Lease being recorded in OR Book 2414 at Page 490; and
Whereas, there was a First Amendment to the Lease dated April 21, 2010, which changed the
term and the rent; and
Whereas, Section 14.01 of the Lease required building permits be issued for the units by June
1, 2011 and certificates of occupancy issued by August 1, 2012; and
Whereas, the parties desire to change the number of units to be built on the property and the
date of issuance of certificates of occupancy;
Now, Therefore, the undersigned parties agree as follows:
1. The Lease is currently valid and no actions for default have been commenced by
County.
2. The definition of the term "Project" in Article I of the Lease is as follows:
"Project' shall mean the required development of the Demised Premises for a seven (7)
unit complex for sale or rent for moderate to low income affordable employee housing,
primarily the required construction of Affordable Housing Units as set forth in Article
XIV, but also including related infrastructure , securing of required development
approvals and permits, financing for the construction for the Affordable Housing Units,
marketing/renting of the Affordable Housing Units and creation of any required governing
Association.
3. Section 14.01(a) of the Lease shall read as follows:
(a) Initial Lessee shall commence construction of the Project any time after the date of
execution date of this Second Amendment and shall complete construction and
obtain Certificates of Occupancy for all seven (7) units by June 1, 2018. The units
may be constructed in phases or at one time, substantially in accordance with the
site plan attached as Exhibit B, unless Lessee decides to do attached housing or
duplexes to provide more open space.
4. Except as expressly modified by this Second Amendment, all terms and conditions of
the Lease and First Amendment thereto are in full force and effect and are binding upon
the parties.
>" IN WfT-IE$S WHEREOF, the parties have executed this Second Amendment.
LESSOR.• .
. ' MONROI - COUNTY BOARD OF SEAL
COUNTY COMMIS TONERS ATTEST; DANNY t . KOLHAGE, CLERK
Mayor David Rt Deputy Clerk
LESSEE:
HABITAT FOR HUMANITY OF THE
UPPER KEYS, INC.
Witness:
c1) �
Signatu
Print Name J Dy1 ► Lo Syiy
i2)/ I )-,
Sig
Printte
STATE OF FLORIDA
COUNTY OF MONROE
MONROE LINTY ATTORNEY
APPP., y D A5 TO FO
Presid t
Print Name
Exe#Ive Dire or
Pri t Name lC,0, 44VAej
Be it known, that on theal±day of 7Q L af, 2012, before me a Notary Public in and for
c4he
cJTo VRe p giWIy known or who provided r
motes&ony vheieof, I have subscribed mvfname and
othecday and-dear written.
and appeared
identification. In
my seal of office of Notary Public
MOWCARNMW
ZW CWN=M #M=W
SMES: Nov 04, 2014
BNOWN01stsobs"M
Exhibit A
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to the Plat thereof, as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County, Florida
being more particularly described as follows:
Beginning at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
Northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southeasterly direction along the arc, of a
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.20 feet; thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds from
the last described course for a distance of 44.50 feet;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds from the last described
course for a distance of 47.97 feet; thence run with a
deflection angle to the loft of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
62.50 feet; thence run with a deflection angle to the left
of 90 degrees 00 minutes 00 seconds from the last described
course for a distance of 75.97 feet; thence run with a
deflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
107.00 feet to the Northeasterly line of said Block 3;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds and Southeasterly along the
Northeasterly line of said Block 3 for a distance of 46.88
feet to a point of curvature; thence in a Southwesterly
direction along the arc of a curve concave to the Wiest,
having a radius of 25.00 feet and a delta angle of 89
degrees 59 minutes and 30 seconds "for a distance of 39.27
feet; thence run in a Southwesterly direction along the
Southeasterly line of said Block 3 for a distance of 100.00
feet; thence run with a deflection to the right of 90
degrees 00 minutes 30 seconds from the last described
course for a distance of 250.02 feet back to the Point of
Beginning, containing 24,990.66 square feet, more or less.
AND ALSO:
A part of the Northeasterly 125 feet of Block 30 Mandalay,
according to the plat thereof as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County,
Florida, being more particularly described as follows:
Commencing at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southwesterly direction along the arc of a
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.28 feet, thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet to the point of beginning of the
parcel hereinafter described, thence run a deflection angle
to the right of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 44.50 feet, thence
run with a deflection angle to the right of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 47.97 feet, thence run with a deflection angle
to the left of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 75.97 feet, thence
run with a deflection angle to the left of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 107.00 feet to the Northeasterly line of said
Block 3, thence run with a deflection angle to the left of
90 degrees 00 minutes 00 seconds and Northwesterly along
the Northeasterly line of said Block 3 for a distance of
28.00 feet back to the point of beginning, containing
5994.29 square feet, more or less.
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THIRD AMENDMENT
TO
OCCUPANCY AGREEMENT AND GROUND LEASE
This Third Amendment to Occupancy Agreement and Ground Lease (Third Amendment)
dated this _day of 2013, is made by and between Monroe County
(County), a political subdivision of the State of Florida (Lessor) and Habitat for Humanity
of the Upper Keys, Inc., (Habitat) a Florida non-profit corporation (Lessee).
WITNESSETH:
Whereas, Lessor and Lessee entered into that certain 99 year lease (Lease) dated May 20,
2009, for the property legally described on Exhibit A attached, known as 104 First Street,
Key Largo, Monroe County for the development of fourteen (14) affordable housing
dwelling units(units), said Lease being recorded in OR Book 2414 at Page 490; and
Whereas, there was a First Amendment to the Lease dated April 21, 2010, which
amended the Lease to be for 100 years with no rent due; and
Whereas, there was a Second Amendment to the Lease dated March 21, 2012 which
changed the number of units to be built on the property from fourteen (14) attached
dwelling units to seven (7) unattached single family units, and changed the date of
issuance of certificates of occupancy to June 1, 2018; and
Whereas, the parties desire to subdivide and plat the Demised Premises into seven (7)
separate parcels in order to convey each parcel with one single family unit for sale or rent,
and
Now, Therefore, the undersigned parties agree as follows:
1. The Lease is currently valid and no actions for default have been commenced by
County.
2. The definition of the term "Project" in Article I of the Lease is as follows:
"Project" shall mean the required development of the Demised Premises for seven
(7) unattached single family units for sale or rent for moderate to low income
affordable employee housing, primarily the required construction of Affordable
Housing Units as set forth in Article XIV, but also including related infrastructure,
securing of required platting approvals, development approvals, and permits,
financing for the construction for the Affordable Housing Units, marketing/renting
of the Affordable Housing Units and creation of any required governing
Association. If Initial Lessee desires to plat the property, it may act as agent for
Lessor as the owner of the property.
3. Section 14.41(d) of the Lease shall read as follows:
(d) The Initial Lessee shall apply for and prosecute, with reasonable diligence, all
necessary approvals, permits and licenses required by applicable governmental
authorities for the construction, development, zoning, use and occupation of the
Project, including platting as required to sub -divide the Demised Premises. Lessor
agrees to cooperate with and publicly support the Initial Lessee's effort to obtain
such approvals, permits and licenses, provided that such approvals, permits and
licenses shall be obtained at Initial Lessee's sole cost and expense. Nothing in this
Lease is intended to or shall be construed to obviate or lessen any requirements for
customary development approvals from any permitting authority, including the
Lessor. Nothing in this Lease shall be construed as the Lessor's delegation or
abdication of its zoning authority or powers and no zoning approval that Initial
Lessee may require to complete its performance under this Lease has been or shall
be deemed agreed to, promised or contracted for by this Lease.
4. Except as expressly modified by this Third Amendment, all terns and
conditions of the Lease and First and Second Amendments thereto are in full force
and effect and are binding upon the Parties.
IN WTNESS WHEREOF, the parties have executed this Third Amendment.
LESSOR:
MONROE COUNTY BOARD OF SEAL
COUNTY COMMISSIONERS ATTEST: AMY HEAVILIN, CLERK
Mayor George Neugent
LESSEE:
Deputy Clerk
HABITAT FOR HUMANITY OF THE UPPER KEYS, INC.
Witness:
i
Sigfiature '
Print N e Pfrr7Zt c4 rt
(2) -
Signature
Print Name
President
Print Name:
Exe96ve Diredjlor
PriAt Name:
MONROE COUNTY ATTORNEY
P OVED AS TO f RM
Date:
STATE OF FLORIDA
COUNTY OF MONROE
Be it known, that on the day of April, 2013, before me a Notary Public in and for
the State of Florida, duly commissioned and sworn personally came and appeared
to me personally known or who provided as identification.
In testunony whereof, I have subscribed my name and affixed my seal of office of Notary
the day and year written.
Rotary Public
PATRIOA GESS11
* * W COMSION i DD 888638
EXPIRES; June 30, 2014
J'+rFaM1� 8adadThN Butt Iloboy Sadoes
Exhibit A
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to the Plat thereof, as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County, Florida
being more particularly described as follows:
Beginning at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
Northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southeasterly direction along the arc, of a
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.28 feet; thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet; thence run with a deflection
angle to the right of 90 degrees 00 minutes 00 seconds from
the last described course for a distance of 44.50 feet;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds from the last described
course for a distance of 47.97 feet; thence run with a
deflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
62.50 feet; thence run with a deflection angle to the left
of 90 degrees 00 minutes 00 seconds from the last described
course for a distance of 75.97 feet; thence run with a
deflection angle to the left of 90 degrees 00 minutes 00
seconds from the last described course for a distance of
107.00 feet to the Northeasterly line of said Block 3;
thence run with a deflection angle to the right of 90
degrees 00 minutes 00 seconds and Southeasterly along the
Northeasterly line of said Block 3 for a distance of 46.88
feet to a point of curvature; thence in a Southwesterly
direction along the arc of a curve concave to the West,
having a radius of 25.00 feet and a delta angle of 89
degrees 59 minutes and 30 seconds for a distance of 39.27
feet; thence run in a Southwesterly direction along the
Southeasterly line of said Block 3 for a distance of 100.00
feet; thence run with a deflection to the right of 90
degrees 00 minutes 30 seconds from the last described
course for a distance of 250.02 feet back to the Point of
Beginning, containing 24,990.66 square feet, more or less.
AND ALSO:
A part of the Northeasterly 125 feet of Block 3, Mandalay,
according to the plat thereof as recorded in Plat Book 1,
at Page 194 of the Public Records of Monroe County,
Florida, being more particularly described as follows:
Commencing at the Northwesterly corner of the Northeasterly
125 feet of Block 3, aforementioned Plat of Mandalay, run
northeasterly along the Northwesterly line of said Block 3
for a distance of 99.99 feet to a point of curvature;
thence in a Southwesterly direction along the arc of a
curve concave to the South, having a radius of 25.00 feet
and a delta angle of 90 degrees 01 minutes 03 seconds for a
distance of 39.28 feet, thence run in a Southeasterly
direction along the Northeasterly line of said Block 3 for
a distance of 125.15 feet to the point of beginning of the
parcel hereinafter described, thence run a deflection angle
to the right of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 44.50 feet, thence
run with a deflection angle to the right of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 47.97 feet, thence run with a deflection angle
to the left of 90 degrees 00 minutes 00 seconds from the
last described course for a distance of 75.97 feet, thence
run with a deflection angle to the left of 90 degrees 00
minutes 00 seconds from the last described course for a
distance of 107.00 feet to the Northeasterly line of said
Block 3, thence run with a deflection angle to the left of
90 degrees 00 minutes 00 seconds and Northwesterly along
the Northeasterly line of said Block 3 for a distance of
28.00 feet back to the point of beginning, containing
5994.29 square feet, more or less.