4th Amendment 07/21/2021 w"11
Kevin Madok, CPA
vt
oIl� �
° Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: July 27, 2021
TO: Alice Steryou
Contract Monitor
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21', 2021 BOCC Meeting
Attached, for your handling, is an electronic copy of Item C24, Fourth Amendment to
Lease 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-U adjustment retro-active to February 1,
2021. Annual cost of the lease is $168,256.74 and is paid from ad valorem funds
Should you have any questions, please feel free to contact me at ext. 3550. Thank you.
cc:
..... ........ ._---.--County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PWROTH 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
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO THE LEASE AGREEMENT is made and
entered into this 21st day of July, 2021, 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.C . 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, the Lessors and Lessee entered into a Third Amendment to the Lease
Agreement dated April, 15, 2020, which adjusted the Lease amount in accordance with
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 311, 2019, of 2.3% with payments increasing on the effective date of February
1, 2020;, and
WHEREAS, the Original Lease provides that on the Vt 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 (CPl-U) for the preceding twelve (12)
months ending in December 2020, was 1 A%;
NOW,THEREFORE, IIN 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, the Lease
base rent amount shall be adjusted annually in accordance with 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, 2020, of 1.4%with payments increasing on the effective date of February 1, 2021.
2. Paragraph 4.A., RENT, of the Lease Agreement, as amended, shall' be replaced
compiletely with the following:
4. flLNT
A. For the use of the Premises, the total rental sum will increase by the
Consumer Price Index (CPI-U) for the preceding, twelve (12) months ending in
December 2020 of 1.4%, from One Hundred Sixty Five Thousand Nine Hundred
Thirty Three and 67/100 ($165,933.67) Dollars per year, to One Hundred Sixty
Eight Thousand Two Hundred Fifty-six and 74/100 ($168,256.74) 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
1 This Fourth Amendment shall be retroactive to February 1, 2021.
4. The remaining terms of the Lease Agreement dated January 10, 2019, as
amended, not inconsistent herewith, shall remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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 21, 1991,
LESSOR
Pri ed Name cL r/L (�7. Printed Name: I1) hAN CP e:
Title: Title: YvS tY
(SEAL) SOUTHERNMOST DEVELOPMENT,
INC., LESSOR
ATTEST:
BY l ��� 6 BY: —. -^�
Printed ej4{1Y11 h ` . cal, Printed am"ii ( Cµ -r-i
Title: Title: r?0\i S_ra :^.'
(SEAL) MONROE COUNTY BOARD OF
ATTEST: KEVIN MADOK, CLERK COUNTY COMMISSIONERS,
- /�/I p LESSEE '!, �,,()���
BY: Qd.X4; Au .l��}'[(l�IS i,��.,�U,J'� BY: JL.. fi I At efca .cty
As Depu4 Clerk Mayor/Chairperson
IL
(� IA) ATTORNEYS Orr 4 'NZ
vAmwu EN3LES r
"sash ir nonraer
DATE. l
3