3rd Amendment 07/21/2021 adCstaz;\ Kevin Madok, CPA
EtaClerk of the Circuit Court&Comptroller— Monroe County. Florida
DATE: July 27, 2021
TO: Alison Smith, Executive Assistant
Planning& Environmental Resources
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21" BOCC Meeting
Attached, for your handling, is an electronic copy of D3, third amendment to Ground
Lease between the Monroe County BOCC and the Monroe County Housing Authority
(MCHA) adding the provision authorizing payment of up to $150,000 to the MCHA for project
plan development and requiring repayment upon receipt of Florida Housing Finance Corporation
funding. Should you have any questions, please feel free to contact me at extension 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,Rorida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
THIRD AMENDMENT TO GROUND LEASE
....................................................
THIS Third Amendment to Ground Lease made and entered into on this 21 st day
Of—Jules , 2021 by and between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA (referred to as the "Lessor" or "Owner", or
"County"or"Monroe County"),a political subdivision of the State of Florida organized
and existing under the laws of the State of Florida, and THE MONROE COUNTY
HOUSING AUTHORITY (referred to as the "Lessee" or "Initial Lessee", or
"Contractor" or "Occupant"), a public body, corporate and politic, created and
organized pursuant to and in accordance with the provisions of Housing Authorities Law,
codified pursuant to Chapter 421, Florida Statutes,
RECITALS
WHEREAS, Lessor is the owner in fee simple of that certain property located at
what is now known as 31 S. Conch Avenue, Conch Key (bearing Property Identification
Number 00385780-00040o), and is the owner in fee simple of that certain property
located at what is now known as 31535 Avenue C, Big Pine Key (bearing Property
Identification Number 00302670-00000o), and is the owner in fee simple oft at certain
property located at 2 N. Conch Avenue, Conch Key (bearing Property Identification
Number 0038578o-000000), Monroe County, Florida; and
WHEREAS, Lessor and Lessee entered into that certain Ground Lease regarding
the above-referenced property(hereinafter the"subject property") on July 17t",2019;and
WHEREAS, Lessor and Lessee entered into that certain First Amendment to
Ground Lease relating tothe subject property on October 16th, 2019; and
VVHEREAS, Lessor and Lessee entered into that certain Second Amendment to
Ground Lease relating tothe subject property on November 20th, 2019; and
WHEREAS, Lessor and Lessee desire to amend the operative Ground Lease, as
amended,in order to provide that Lessor will provide funding of the costs of construction
and design drawings, plans, and specifications (hereinafter"plans") for the development
project(s) associated with the subject property; and
VVHEREAS, Lessee has estimated, and estimates, that itshall cost between
$125,000 and $15o,000 to obtain a complete set of such plans; and
WHEREAS, Lessor and Lessee desire to amend the operative Ground Lease, as
amended, in order to provide that the Lessee shall reimburse the Lessor, in fall, within
thirty (3o) days of the Lessor's issuance of a Notice to Reimburse letter furnished to
Lessee, unless Lessor, expressly in said Notice, provides for a different date certain by
which Lessee shall be required to reimburse Lessor for the monies expended by Lessor to
fund payment for such plans;
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NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
i.. The above and foregoing recitals are true and correct and are hereby
incorporated as if fully stated herein.
2. The parties'operative Ground Lease, as amended, is hereby incorporated as if
fully stated herein.
3. Article VI of the operative Ground Lease, as amended, is hereby amended to add
the following fourth paragraph to Section 6.o1 of said Article:
The Le or jgffzing monies within its One Cent Infrastructure Sales Tax ,�.Fpnd
-5a.- ..................
,,Q� LarreQs -L prcavawde a not-to-exceed amu t of u, o Us om o in funding for
affordabl an -e n, I lans associated
affordable
.......... At'�� . gat-1A
with the,,-a-qbje,c.t-pr older ty. Authorized funding_to„be.,Iggyided by Less x is strictly limited
to-._said ..flans Associated with the ppert% s affordable _Aqd.y. affordable-
such funds cannot be obtained or cannot-b.e...p dgd at a
funds
.. .............................. -level sufficient to allow for such fiInding to be furnished to allow,,f6r_1;1s1 n for such
..allow
pigna, this amendment mav be terminated immedi y t the Qf
........... ............... atel --a— ...of the Lessor b
written notice of termination delivered to the Lessee.The Lessor shall not be gbligg1�gd,,LQ
pgy..,.for-an_y !jervices..or.-&QQ&,-,afte.r such notice of termination has been orovided. The
...........................................
fun
d&hy this lease amendment is contingent upon an annual app,,Lopriaj
.............. ..........J tioln,
by LQasQl:Monroe CounM,B9AE of County Commissioners.The Lessee t,it shall
........................................... ----......
reimburse the Lessor in full within thir, of the Lessor's issuance of a notice to
............
reimburse rcavidedtcjthe .Lessee. The date certain.by which Lessee shall be oblig,qted to
remit suc y d
L-b�vgjp r be oxtende ,_an the Lessor's sole
eii.t,.in -full back over to the !A-.sSOL—
d.............. ......-- —
iscretion,,if ex[,.1ressly_reduced to writ ntl,in said notice to reimburse letter or a follow-up
letter thereto.
4. Article XIV of the operative Ground Lease, as amended, is hereby amended to
add the following underlined language to Section 14.o1(b) of said.Article:
During the course of procurement and de yelol2ment,of-c,,o,,nstru,ct,ion and des 11
drawin fications ftg nd., L Pq PL--th'e
course of construction of the subject project, Lessee shall provide to the Lessor written
..........................I -
status reports on said project upon request by the Lessor. The Lessee shall comljIL7 with
all I-jubliq.records and records retentiQu.Muirements mandated b_y_S ..24 -
of the Florida Constitution,,,and Qhaptgr 1.19....... orida Statutes and shall maintain and
.......................... ---------- - .1--..........
M.
kqa.....i1LboQL s,-,dqcuments.,and K cords directl jgrf
----. —Y _I Drrn,a.n,c-e. under......11-i-e
................. ....gl�erq1iyt&p qndlease,-as ameiided,,.as are necessai,�,y,tq -,rfQ I nce of the
%).eKqjive.gi:ounid..Iga -Q. as am ndedry end 1-?-QnaQ5,..as incurred and in accordance with
The Lessor and Lessee,and
the Lessee's agents and contractors, shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters, or other materials in their possession or
under their control where such records are sulaject to public disclosure under the
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provisions of Chapter 119, Florida Statutes, or successor or supplemental statutes.
Lessee(s) (but not individual sub-lessees) shall maintain all records directly pertinent to
performance under this lease in accordance with Chapter 119,F.S.,and in accordance with
generally accepted accounting principles consistently applied. The County Clerk, State
Auditor, or a designee of said officials.
g. All other terms, covenants, conditions, and provisions of the operative Ground
Lease, as amended, except those expressly modified and rendered inconsistent by
this Amendment, remain in full force and effect and remain binding upon the
parties.
6. 'Phis lease amendment may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this lease
by signing any such counterpart.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their
hands and seals, as of the day and year above written.
FOR LESSOR BOARD OF COUNTY
COMMISSIONE t e . e - OUNI'Y, FLORIDA
lit eI
ae- .._ inflril s°4 1
t. a or Michelle C--o��lddliron
Ali
: KEVIN MADOK, CLERK -'y
2 XV� q •
By: - �� 74 /�/t'lS ID i�a_ 7D� -a --.a
As De uty Clerk rl
Monroe County Attorney — C '
Approved as to Form:
MONHoe COUNTY ATTORNEY
ApY�V�6Dtrera ONN
By:
onr: l704
FOR LESSEE:
Monroe Coun o ' gAuthority
By:
Ra y Sterlin , xecutive Director
WITNESSES:.Stan_ ar Gar l eonLli
Witness No. r (Print Name)
3 of 4
Witness No (Signature)
Lt'lc
Witness No. 2 (Print Name)
A99
Witness No. 2 (Signature)
STATE, OF A
COUNTYOF K-)O,(-OQ-.-
The foregoing instrument,Third Amendment to Ground Lease between the Board
of County Commissioners of Monroe County, Florida, and the Monroe County Housing
Authoritv, was acknowledged and attested before me this day of
2021, by Randy Sterling, in his official capacity, w ho is pq§q.n..ally
known to me or produced )n
SSA SELLERS
aiid-Aid,take an oath.
My COMMISSION#HH 006529
V EXPIRES:January 31,2026
Bended-M,NotW ftblic UW,.ftrg
...........................................
Notary Public (Print Name and Notary No.) Notary Public Seal
C'
V(AA
Notary Public (Signature)
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