2nd Amendment 12/08/2021 ��couerQ
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: December 20, 2021
TO: Patricia Eables,Assistant County Attorney
County Attorney's Office
FROM: Pamela G. Hanconj .C.
SUBJECT: December 8th BOCC Meeting
Attached is an electronic copy of the following item, that has been recorded into the
Official Record, for your handling:
C12 2nd Amendment to the Occupancy Agreement and Ground Lease with Habitat for
Humanity of Key West and Lower Florida Keys, Inc. (Habitat) to allow Habitat additional time, to
December 31, 2022, to obtain all certificates of occupancy for its Cudjoe Key Project.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: 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,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330'
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Doc#2353578 Bk#3144 Pg#575
Recorded 12/20/2021 4:30 PM Page 1 of 4
This Instrument prepared by: Filed and Recorded in Official Records of
Patricia A. Eables,Esq.(FBN 491012) MONROE COUNTY KEVIN MADOK,CPA
Assistant County Attorney
Monroe County Attorney's Office
P.O.Box 1026,Key West,FL 33041
SECOND AMENDMENT TO LEASE AGREEMENT
This SECOND AMENDMENT TO LEASE AGREEMENT dated this 8th day of
December, 2021, is entered into by and between MONROE COUNTY, a political subdivision of
the State of Florida(hereinafter referred to as "LESSOR" or"OWNER"), and HABITAT FOR
HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., a Florida Not-for-
Profit Corporation(hereinafter referred to as"LESSEE" or"OCCUPANT").
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain 99-year Occupancy Agreement
and Ground Lease (hereinafter "Lease Agreement") dated November 17, 2015, for the property
known as Lots 8, 9, 10, and 11, Block 8, Cutthroat Harbor Estates, more particularly described
therein (hereinafter "Property") for the construction and development of, for sale and owner-
occupancy use, sixteen(16)employee housing units in the form of eight(8)duplexes for qualified
owner-occupants, said Lease Agreement being recorded in the Official Records of Monroe County
at Book 2784, Page 1567, Document Number 2065971, which is hereby incorporated as if fully
stated herein; and
WHEREAS,Article XIV, Section 14.01(a) of the Lease Agreement provided that Lessee
shall commence construction by May 17, 2018, and shall receive certificates of occupancy for the
sixteen (16) units by December 31, 2018, and that said foregoing limitations of time may be
extended by written agreement between the parties hereto; and
WHEREAS, Lessor and Lessee entered into a First Amendment to Lease Agreement
(hereinafter"First Amendment")dated May 16, 2018, recorded in the Official Records of Monroe
County at Book 2909, Page 926, Document Number 2171518, which amended and extended the
foregoing two deadlines such that Lessee was to have all permits issued for all sixteen (16) units
no later than June 25, 2019, and that Lessee was to receive all certificates of occupancy for each
such permit no later than two (2) years, six (6) months, from the date of issuance of each such
permit; and
WHEREAS, the permits have all been issued for the sixteen (16) units and Lessee is at
varying stages of the construction on those permits with eight(8)units having been completed and
certificates of occupancy issued; and
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WHEREAS, during the ensuing time period after issuance of the permits, the United
States,including Monroe County,was subjected to the Covid-19 pandemic which has created some
delays in the final construction and development of the sixteen(16)units; and
WHEREAS, during the Covid-19 pandemic time period, the State of Florida through
Governor DeSantis and Monroe County properly issued various Executive Orders providing for
automatic extensions of time on the issuance of building permits and completion of projects
pending within Monroe County; and
WHEREAS, Lessor and Lessee desire to enter into-this Second Amendment to Lease
Agreement to amend and extend the deadline for Lessee to close out all permits and receive all
Certificates of Occupancy on each of the permits issued no later than December 31, 2022; and
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 above-referenced original Lease Agreement and First Amendment between the
parties are hereby incorporated as if fully stated herein.
3. Article XIV, Section 14.01(a) of the Lease Agreement, as amended, is hereby
amended to read as follows:
(a) Initial Lessee shall complete construction on the now issued permits in connection
with the sixteen(16) employee housing units in the form of eight(8)duplexes for
qualified owner-occupants and shall receive all certificates of occupancy for each
such permit no later than December 31,2022. The foregoing limitation of time for
the completion of the project may be extended by written agreement between the
parties hereto.
4. All other terms, covenants, conditions, and provisions of the Lease Agreement
referencing or depending upon satisfaction of the prior June 25, 2019, commencement of
construction deadline,shall now be referenced as Lessee having met such deadline and all permits
have been issued in connection with the sixteen (16) employee housing units in the form of eight
(8)duplexes for qualified owner-occupants.
5. All terms, covenants, conditions, and provisions of the Lease Agreement, as
amended, referencing or depending upon satisfaction of the prior two (2) years, six (6) months
from the date of each such permit's issuance, i.e., December 31, 2021, certificate of occupancy
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deadline, shall now reference and depend upon initial Lessee receiving all certificates of
occupancy for each such permit no later than December 31, 2022.
6. All of the other terms, covenants, conditions, and provisions of the Lease
Agreement dated November 17,2015,and as amended on May 16,2018,in the First Amendment,
except those expressly modified and rendered inconsistent by this Second Amendment remain in
full force and effect and binding upon the parties.
7. Each party agrees that they have authority to sign this Second Amendment on
behalf of each party and represents and warrants that such person has the full right and authority
to enter into this Amendment on behalf of such party and to fully bind such party to the terms and
obligations of this Amendment.
8. This Second Amendment is binding on the successors and assigns of the parties.
IN WITNESS WHEREOF, the undersigned executed this Second Amendment to Lease
A. eement on the day and date first above written.
c ,cct
I :gt9 (S LESSOR:
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KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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kyat cou �1,<� �
By: By:
As Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY S OFFICE
PATRICIAWeLES
ASSIST TTORNEY
_ LESSEE:
HABITAT FOR HUMANITY OF KEY
WITNESSES AS TO LESSEE: WEST AND LOWER FLORIDA KEYS,
INC.,A Florida Not-for-Profit Corporation
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By: & �` cV
//Signature of Witness President
—Tim 0 vl J (-e_ 'esa )-- 11
Print Name Print Name
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Si tureoness
P,, 1/61-,
t�
Print Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of Iv physical presence
or D online notarization, this o " day of N OU-i1M 6( , 2021, by
`fa{eSG t-' HILL as 4IO1bi fiats- -f t)2 N vI ' ;1-I (Name of Officer or Agent,
Title of Officer or Agent) of Habitat for Humanity of Key West and Lower Florida Keys, Inc., a
Florida Not-for-Profit Corporation, on behalf of the corporation. He/she is personally known to
as produced FL 0 L (Type of Identification) as identification.
(Seal)
Signatur of Notary Public
fTIOn 0100( VICIPE
Print Name Pe AMANDA HOPF
>rp% MY COMMISSION#GG966255
My Commission Expires: %,„,0 EXPIRES:March 05,2024
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