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5th Amendment 02/16/2022PCV.t couRr,, 00,A Kevin Mad* CPA .*...V t9 .a 0. Clerk of the Circuit Court & Comptroller _ Monroe County, Florida N Rob COUNT I I I I DATE: April 21, 2022 TO: Alice Steryou Contract Monitor// FROM: Pamela G. Hanc4kc. SUBJECT: February 16' BOCC Meeting Attaclied is a copy of the following item for your handling: C14 5tli Amendment to Lease Agreement wide Roberto Sancliez, Trustee of a certain Land Trust dated October 21, 1991, and Soudiernmost Development, Inc., as Lessors, for the Public Defenders Office at the Professional Building, providing for the first of diree optional diree-year renewals; and the annual adjustment of 3%, retro-active to February 1, 2022. Annual cost of the lease is $173,304.48 and is paid from ad valorem funds. Sliould you liave any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305-294-4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305-289-6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 i FIFTH AMENDMENT TO LEASE AGREEMENT THIS FIFTH AMENDMENT TO THE LEASE AGREEMENT is made and entered into this 16th day of February, 2022, 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.O. 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 (CPkU) as reported by the U.S. Bureau of Labor Statistics at December 31, 2019, of 2.3% with payments increasing on the effective date of February 1, 2020; and WHEREAS, the Lessors and . Lessee entered into a Fourth Amendment to the Lease Agreement dated July 21, 2021, 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 31, 2020, of 1.4% with payments increasing on the effective date of February 1, 2021; and WHEREAS, the Lease Agreement provides that the lease term may be renewed between the parties,for three (3) additional, three (3) year terms; and WHEREAS, the Lease Agreement provides that on the 1st day of February, 2020, and annually thereafter, there shall be an adjustment to the base rent which shall be 1 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 (CPI-U) for the preceding twelve (12) months ending December 31, 2021, was seven percent (7%); therefore the three percent (3%) percentage change pursuant to the Lease Agreement is lower; and WHEREAS, the parties have found the Lease Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be. mutually beneficial to enter into this Fifth Amendment to Lease Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the Lessors and the Lessee agree as follows: 1. In accordance with Paragraph 2. INITIAL TERM AND RENEWALS, of the Lease Agreement, the parties would like to renew for the first of three (3) optional, three (3) year renewals of the Lease Agreement, as amended. The Term of this renewal will be retroactive to February 1, 2022, through January 31, 2025. 2. In accordance with Paragraph 4, A and 13 , RENT, of the Lease Agreement, the Lease base rent amount shall be adjusted annually by taking the preceding year's rent and increasing the same by three percent (3%) or the percentage change of the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) for the preceding twelve (12) months ending in the preceding December, whichever is lower. The CPI-U, as reported by the U.S. Bureau of Labor Statistics at December 31, 2021, was seven percent (7%), and thus the parties amend the base rent under the Lease Agreement by three percent (3%) with payments increasing on the effective date of February 1, 2022. 3. Paragraph 4.A., RENT, of the Lease Agreement, as amended, shall be replaced completely with the following: 4. RENT, A. For the use of the Premises, the total rental sum will increase by three percent (3%),from One .Hundred Sixty-eight Thousand Two Hundred Fifty-six and 74/100 ($168,256.74) Dollars per year, to One Hundred Seventy-three Thousand Three Hundred Four and 48/100 ($173,304.48) Dollars per year, due in monthly installments of Fourteen Thousand Four Hundred Forty-two and 04/100 ($14,442.04) Dollars, 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 t 2 Roberto Sanchez, Trustee P.O. Box 414586 Miami Beach, Florida 33141 4. This Fifth Amendment shall be retroactive to February 1, 2022. 5. The remaining terms of the Lease Agreement dated January 10, 2019, as amended, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. (SEAL) ATTEST: Roberto Sanchez, as Trustee, under that certain LAND TRUST AGREEMENT dated October 21, 1991, LESSOR BY: BY: Pri ted Name: 'f P 'kited NarrJe ' Title: (SEAL) ATTEST: N MADOK, CLERK Title:��/ZG� SOUTHERNMOST DEVEL&IMENT, INC., LESSOR -,,, Rv / rinted Name:11-0 Title: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, LESSEE BY: Mayor/ airperson MONR�OpE�pCpOuNyT�Y ATTORNEYS OFFICE PATRICIA EABLES ASMSTApqy&YATTORNEY DATE: Wright National Flood Insurance Company o d A Stock Company P.O. Box 33003 St. Petersburg, FL 33733-8003 Customer Service: 1-800-820-3242 Claims: 1-800-725-9472 FLOOD DECLARATIONS PAGE RENEWAL FFL99.001 0519 0084705 8/30/21 2000 11523 FLD RGLR PolicV Number I NFIP Policy Number I Product Type: Standard Policy 09 1150454547 11 1 1150454547 lGeneral Property Form Policy Period I Date of Issue Agent Code Prior Policy Number From: 9/01/21 To: 9/01/22 12:01 am Standard Time 1 08/30/2021 0084705 09 1150454547 10 Insured KEY WEST PROFESSIONAL PLAZA INC ETAL/ROBERT SANCHEZ PO BOX 414586 MIAMI BEACH FL 33141-0586 Ira T KEY WEST INSURANCE 4634 GULFSTARR DR ,y DESTIN FL 32541-3715 WAMP yW.. Property Location (if other than above) Address may have been changed in accordance with USPS standards. 1111 12TH ST, KEY WEST FL 33040 FR-ating Information Original New Business Effective Date: 6/21/2003 Flood Risk/Rated Zone: A10 Current Flood Zone: AE Grandfathered: Yes Building Occupancy: Business Non -Residential Primary Residence: N Number of Floors: 3 or more Condo Type: N/A Building Indicator: Elevated Community #: 120168 Map Panel/Suffix: 1709 F Basem ent/E ncl osu re/Crawl space: Community Rating: 05 / 25% Program Status: Regular No Enclosure or Crawlspace Community Name: KEY WEST, CITY OF Elevation Difference: 4 Coverage Deductible Annual Premium BUILDING $500,000 CONTENTS NO CONTENTS COVERAGE THIS IS NOT A BILL DEAR MORTGAGEE The Reform Act of 1994 requires you to notify the WYO company for this policy within 60 days of any changes in the servicer of this loan. The above message applies only when there is a mortgagee on the insured location. Premium Paid by: Insured SDecial Provisions: $1, 250 $645.00 INSURED DECLINED CONTENTS COVERAGE $0.00 ANNUAL SUBTOTAL: $645.00 DEDUCTIBLE DISCOUNT/SURCHARGE: - $7.00 ICC PREMIUM: $6.00 COMMUNITY RATING DISCOUNT: - $161.00 SUB -TOTAL: $483.00 RESERVE FUND ASSESSMENT: $87.00 PROBATION SURCHARGE: $0.00 FEDERAL POLICY SERVICE FEE: $50.00 HFIAA SURCHARGE: $250.00 TOTAL WRITTEN PREMIUM AND FEES: $870.00 This policy covers only one building. If you have more than one building on your property, please make sure they are all covered. See III. Property Covered within your Flood policy for the NFIP definition of "building" or contact your agent, broker, or insurance company. Please refer to the policy for complete terms, conditions, and exclusions. A full, digital copy of your flood policy form is available at www.wrightflood.com/policyforms.htmi. The form which applies to your policy coverage is: General Property Form No Additions and Extensions Forms and Endorsements: WFL 99.415 1117 1117 FFL 99.310 0120 0120 WFL 99.116 0614 0614 This policy is issued by NAIC company 11523 Wright National Flood Insurance Company A stock company Copy Sent To: As indicated on back or additional pages, if any. Patricia Templeton -Jones, President 008470509115045454721242 00000 Agent am FFL99.001 0519 0084705 8/30/21 091150454547 11 Agent (305)294-1096 KEY WEST INSURANCE 4634 GULFSTARR DR DESTIN FL 32541-3715 Refer to www.fema.gov/cost-of-flood for more information about flood risk and policy rating. Claims Information: Please contact your agent or go to www.wrightflood.com to enter your claim as well as receive important information to mitigate the damage to your property. If you need to reach the insurance company the number is 1-800-725-9472. 008470509115045454721242 00000 Agent CITIZENS PROPERTY INSURANCE CORPORATION 1' 301 W BAY ST a* JACKSONVILLE FL 32202 CITIZENS lly PROPERTY INSURANCE CORPORAHON WAMM POLICY CHANGE SUMMARY POLICY NUMBER: 00040026 - 8 POLICY PERIOD FROM 10/17/2021 TO 10/17/2022 at 12:01 a.m. Eastern Time Transaction: AMENDED DECLARATIONS Effective: 10/17/2021 Item Prior Policy Information Amended Policy Information Locations and Buildings 1: 1111 12TH ST Is there a Flood Policy in effect No Yes Flood Insurer Name WRIGHT NATIONAL FLOOD INSURANCE COMPANY Flood Policy Number 09 1150454547 Flood Coverage Requirements Yes This summary is for informational purposes only and does not change any of the terms or provisions on your policy. Please carefully review your policy Declarations and any attached forms for a complete description of coverage. PCS 01 14 Page 1 of 1 r CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPER I Y INSU RANCE CORPORAOON COMMERCIAL PROPERTY POLICY DECLARATIONS POLICY NUMBER: 00040026 - 8 POLICY PERIOD FROM 10/17/2021 TO 10/17/2022 at 12:01 a.m. Eastern Time Transaction: AMENDED DECLARATIONS Effective: 10/17/2021 CNR-W Pay Plan: Citizens Full Pay Bill: Insured Billed Named Insured and Mailing Address Agent FI. Agent Lic. # KEY WEST PROFESSIONAL PLAZA A CONDOMINIUM BRIAN STANTON D053062 C/O ROBERTO SANCHEZ FOUNDATION RISK PARTNERS, CORP. PO BOX 414586 2430 W. OAKLAND PARK BLVD MIAMI BEACH, FL 33141-0586 FORT LAUDERDALE, FL 33311 Telephone: Telephone: 954-735-5500 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENTS. COMMERCIAL PROPERTY COVERAGE PREMIUM $29,101.00 Required Additional Charges: Catastrophe Financing Surcharge $4,365.00 Tax -Exempt Surcharge $509.00 TOTAL: $33,975.00 Change in Policy Premium: $0.00 See Form CDEC-FE-SCH — Commercial Policy Forms And Endorsements Schedule Countersigned: 09/29/2021 Authorized By: BRIAN STANTON BY: Issued Date: 09/29/2021131 Barry J. Gilway President/CEO and Executive Director Citizens Property Insurance Corporation CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of with its permission. *�r CITIZENS PROPER Y INSO RANCE CORPORAnON CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST JACKSONVILLE FL 32202 COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00040026 - 8 Effective Date: 10/17/2021 to 10/17/2022 Insured Name: KEY WEST PROFESSIONAL PLAZA A CONDOMINIUM LOCATION NO. 1 BUILDING OR SPECIAL CLASS ITEM NO. 1 CSP Code: 0702 BUSINESS DESCRIPTION: Offices - Non -Governmental DESCRIPTION OF PREMISES 1: 1111 12TH ST FOUR STORY WIND RESISTIVE CONDO OFFICE BUILDING ON STILTS;LOC: Location Address Group I Construction Group II Construction Protection Class BCEGS Grade 1111 12TH ST N/A Wind Resistive N/A Ungraded KEY WEST, FL 33040-4088 Group I Territory Group II Territory Coastal Territory No. of Units N/A N/A Monroe - 86 1 COVERAGES PROVIDED Insurance at the Described Premises Applies Only For Coverages For Which A Limit Of Insurance Is Shown. Covered Limit Of Causes Total Coverage Insurance Of Loss Replacement Cost Rates Premium First Loss Building (Bldg) $1,000,000 Wind $8,072,000 Class $29,101.00 Yes OPTIONAL COVERAGES Applicable Only When Entries Are Made In The Schedule Below Coverage Premium Replacement Cost Building Business Personal Property Yes DEDUCTIBLE Hurricane, Other Windstorm or Hail Percentage Deductible Deductible Percentage (Deductible Amount) Bldg: 3% ($242,160) WINDSTORM MITIGATION FEATURES Terrain Year Built Roof Cover Roof Deck Roof -Wall SWR C 1985 N/A N/A Connection N/A N/A Building Type Roof Shape Windstorm FBC Wind Speed FBC Wind Design N/A N/A Protective Devices N/A N/A Class B Mortgageholder(s) & Other Policyholder Interest(s) — See Policy Interest Schedule. PREMIUM: $29,101.00 CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 3 with its permission. r CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST CITIZENS JACKSONVILLE FL 32202 PROPER I Y INSU RANCE CORPORAOON COMMERCIAL PROPERTY POLICY DECLARATIONS Policy Number: 00040026 - 8 Effective Date: 10/17/2021 to 10/17/2022 Insured Name: KEY WEST PROFESSIONAL PLAZA A CONDOMINIUM FLOOD COVERAGE IS NOT PROVIDED BY THIS POLICY. WINDSTORM OR HAIL DEDUCTIBLES ARE CALCULATED ON TOTAL REPLACEMENT COST OR ACTUAL CASH VALUE, NOT THE LIMIT OF INSURANCE. THIS POLICY CONTAINS A CO -PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. INFORMATION ABOUT YOUR POLICY MAY BE MADE AVAILABLE TO INSURANCE COMPANIES AND/OR AGENTS TO ASSIST THEM IN FINDING OTHER AVAILABLE INSURANCE MARKETS. PLEASE CONTACT YOUR AGENT IF YOU HAVE QUESTIONS ABOUT YOUR POLICY. IF YOU ARE UNABLE TO CONTACT YOUR AGENT, YOU MAY REACH CITIZENS AT (800) 537-7335. CDEC1 08 21 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission. CITIZENS PROPERTY INSURANCE CORPORAHON CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST JACKSONVILLE FL 32202 COMMERCIAL PROPERTY POLICY FORMS AND ENDORSEMENTS SCHEDULE POLICY NUMBER 00040026 - 8 POLICY PERIOD FROM 10/17/2021 TO 10/17/2022 at 12:01 a.m. Eastern Time Named Insured KEY WEST PROFESSIONAL PLAZA A CONDOMINIUM An entry below of "All" indicates the form applies to all items scheduled in the policy Location No. Building No. Form No. Edition Date Description ALL ALL IL 09 35 0702 EXCLUSION OF CERTAIN COMPUTER - RELATED LOSSES ALL ALL IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS ALL ALL CIT 03 21 01 14 WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE ALL ALL CIT W14 20 0214 CITIZENS CHANGES - PROPERTY NOT COVERED ALL ALL CP 01 40 0706 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA ALL ALL CIT W02 55 0219 FLORIDA CHANGES - CANCELLATION AND NONRENEWAL ALL ALL CIT 01 75 0220 FLORIDA CHANGES - LEGAL ACTION AGAINST US ALL ALL CIT W10 10 0219 CAUSES OF LOSS - WINDSTORM OR HAIL FORM ALL ALL IL 00 17 1198 COMMON POLICY CONDITIONS ALL ALL CP 00 90 0788 COMMERCIAL PROPERTY CONDITIONS 1 ALL CIT CNRW 00 03 0821 TABLE OF CONTENTS - BUILDING AND PERSONALPROPERTY 1 ALL CIT CNRW 01 25 0821 FLORIDA CHANGES 1 ALL CP 00 10 0607 BUILDING AND PERSONAL PROPERTY COVERAGE FORM 1 1 CIT 04 14 0821 COVERAGE WRITTEN ON A FIRST LOSS BASIS 1 1 CP 12 09 0995 WINDSTORM PROTECTIVE DEVICES Issued Date: 09/29/2021 First Named Insured Copy CDEC-FE-SCH 01 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. CITIZENS PROPERTY INSURANCE CORPORAHON CITIZENS PROPERTY INSURANCE CORPORATION 301 W BAY ST JACKSONVILLE FL 32202 COMMERCIAL PROPERTY POLICY POLICY INTEREST SCHEDULE POLICY NUMBER 00040026 - 8 POLICY PERIOD FROM 10/17/2021 TO 10/17/2022 at 12:01 a.m. Eastern Time Named Insured KEY WEST PROFESSIONAL PLAZA A CONDOMINIUM Location No. Building No. Interest Type Name and Mailing Address No Additional Interests. Issued Date: 09/29/2021 First Named Insured Copy CDEC-PI-SCH 01 14 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission.