1st Amendment 11/15/2022 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: December 13, 2022
TO: Daryl Greenlee, Director
Fleet Management
Tammy Acevedo
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: November 15th BOCC Meeting
Attached is a copy of the following item for your handling:
F35 First Amendment to Lease Agreement with Rockland Investment Corporation,
Inc., for the temporary Rockland Key Fleet Garage Lease, to include an additional parcel
retroactive to July 17, 2022, and extend the lease term for an additional year. The additional
monthly rental amount is $2,100.00 Dollars for the additional parcel. Funding is from the Fleet
budget.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is made and entered into on this 15 ' day of
November, 2022, by and between ROCKLAND INVESTMENT CORPORATION, INC. a
Florida Corporation, authorized to do business in the State of Florida, ("Lessor"),whose principal
address is 615-B United Street, Key West, Florida 33040, and MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 11.00 Simonton Street, Key West, Florida
33040("Lessee"/'County").
WHEREAS, on the 1.7"1' day of March, 2021, the parties entered into a Lease Agreement
for the lease of that certain property, improvements and structures situated at and commonly
known as I I I Overseas Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040,
with Parcel Identification No. 00122070-000200, ("Property"), for use of certain areas of the
Property to provide a warehouse unit and limited surrounding land for use by the County as a
location for its Fleet Department operations for the Lower Keys area ("Original Lease
Agreement"); and
WHEREAS,the current initial term of the Original Lease Agreement was effective from
March 17, 2021,and terminates on March 16, 2023; and
WHEREAS,the Original Lease Agreement provides for three (3) additional one (1) year
extension periods after the initial term of the Lease; and
WHEREAS, during the term of this Lease, Lessee in its use of the Property, determined
that it needed additional outside parking space to conduct its Fleet Department operations; and
WHEREAS,Lessor had additional space located on the Property, which is adjacent to the
current Property being leased by the County, that was available for lease by Lessee; and
WHEREAS,the parties negotiated and reached a mutual understanding on or about May
2022,for Lessee to access and lease another 8,625 square feet of the Property for use by Lessee as
an additional outside parking area; and
WHEREAS, Lessor and Lessee agreed that the lease term of the additional 8,625 square
feet of the Property will be for eight(8)months with an effective date retroactive to July 17,2022,
and terminating on March 16, 2023, when the term of the Original Lease Agreement terminates;
and
WHEREAS,the initial term of the Original Lease Agreement expires on March 16, 2023,
and the Lessee has notified Lessor pursuant to the Original Lease Agreement that it seeks to extend
the terin of the Lease and the Lessor has agreed to renew the lease for an additional one (1) year
extension period under the same terms and conditions as the Original Lease Agreement, which
shall also include the additional 8,625 square feet of the Property as set forth in this First
Amendment; and
WHEREAS, the parties have found the Original Lease Agreement to be mutually
beneficial; and
WHEREAS, Lessor and Lessee agree to amend the Lease as set forth herein.
NOW, THEREFORE, for and in consideration of mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties hereto covenant and agree as follows:
1. Paragraph 1,Premises,of the Original Lease Agreement,is hereby amended to include an
additional 8,,625 square feet of Lessor's property, which is situated adjacent to Lessee's current
leased area and is referred to herein as the"Third Parcel"and collectively known as the"Premises"
or "Sole Use Areas", as more particularly described on Exhibit "A — Revised", setting forth
Lessee's designated area of the parcel, attached to this First Amendment and made a part hereof.
This First Amendment also continues to allow the exclusive use of certain other areas of the
building and/or surrounding property by the Lessor and/or its other tenants as set forth in the
Original Lease Agreement.
2. Paragraph 2, Term and Effective Date, of the Original Lease Agreement is hereby
amended to include the lease term for this Third Parcel. The lease term for this additional Third
Parcel shall be for eight (8) months which shall commence retroactive to July 17, 2022, and
terminate on March 16,2023,in conjunction with the lease termination date of the term as set forth
in Paragraph 2 of the Original Lease Agreement, unless earlier terminated as provided in the
Original Lease Agreement.
3. Paragraph 5, Rent, of the Original Lease Agreement is hereby amended to include the
additional monthly rental payment and Common Area Maintenance Costs("C.A.M.")for the Third
Parcel, with both payments commencing retroactive to July 17, 2022. Lessee shall pay to Lessor
an additional monthly rental of Two Thousand and 00/100 ($2,000.00) Dollars as the Base Rent
for the Third Parcel. As"Additional Rent,"Lessee shall also pay monthly,a portion of the C.A.M.
costs in the amount of One Hundred and 00/100($100.00)Dollars per month for the Third Parcel.
Monroe County is exempt from sales tax. The total monthly rental payment for the Third Parcel
shall be Two Thousand One Hundred and 00/100 ($2,100.00) Dollars for the first eight-month
rental term,of this Third Parcel,in addition to the monthly rental payments as set forth in paragraph
5 of the Original Lease Agreement for the Main Parcel and Secondary Parcel.
4. Paragraph 2, Term and Effective Date, of the Original Lease Agreement, is further
amended to extend the term of this lease for an additional one-year period for the Main Parcel,
Secondary Parcel, and Third Parcel, with the new term to commence on March 17, 2023, and
terminate on March 16, 2024, unless earlier terminated as provided in the Original Lease
Agreement.
2
5. Except as set forth in Paragraphs one through four of this First Amendment to Lease
Agreement, in all other respects, the terms and conditions of the Original Lease Agreement dated
March 17,2021,as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
LESSOR:
ROCKLAND INVESTMENT
CORPORATION, INC.,
A Florida Corporation
WITNESS S:
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. , YIN MADOK,. CLERK OF MONROE COUNTY, FLORIDA
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EXRIBIT"A—REVISED"
Lessee's Premises on the Parcel
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