Item G12 G.12
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
January 18, 2023
Agenda Item Number: G.12
Agenda Item Summary #11578
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 AM
AGENDA ITEM WORDING: Approval of Addendum to Commercial Lease with Seahorse
Cottages Big Pine Key, LLC to extend lease until March 31, 2023 for Lots 160, 170, 180, and 190
Sands Road, Big Pine Key, Florida, bearing parcel identification numbers 00300180-000100;
00300180-000200; 00300180-001700 and 00300180-00180 for temporary construction staging.
ITEM BACKGROUND: The Land Authority purchased lots from the Conch Republic Housing
Alliance LLC. Four (4) of those lots are adjacent to the Seahorse Cottages Big Pine Key, LLC, an
affordable housing development being constructed at this time. The developer of Seahorse Cottages
Big Pine Key, LLC requested a temporary lease until the end of 2022 for staging. The lease was
approved in August, 2022 and expired December 31, 2022. Construction has not been completed
and the developer requested a lease extension through March 31, 2023. The four (4) lots are
completely cleared at this point and the expected use for them is affordable housing or conservation.
Staff recommends approval of this lease addendum.
PREVIOUS RELEVANT GOVERNING BOARD ACTION:
08/17/22 Governing Board approved a Lease Agreement between MCLA and Seahorse Cottages Big
Pine Key, LLC
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
Proposed Addendum to Lease Agreement with Seahorse Cottages
Lease Agreement with Seahorse Cottages_FullyExecuted
FINANCIAL IMPACT:
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G.12
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Hurley Completed 12/21/2022 2:18 PM
Dina Gambuzza Completed 12/21/2022 2:32 PM
Lindsey Ballard Completed 12/23/2022 11:42 AM
Board of County Commissioners Pending 01/18/2023 9:00 AM
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G.12.a
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ADDENDUM TO COMMERCIAL LEASE E
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THIS ADDENDUM TO COMMERCIAL LEASE, made this day of December
2022 by and between Monroe County Comprehensive Plan Land Authority, a land authority under 0
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section 380.0663(1), Florida Statutes and Monroe County Ordinance, whose address is 1200
Truman Avenue, Suite 207, Key West, Florida 33040 (hereinafter referred to as "Landlord") and 0
Seahorse Cottages Big Pine Key,LLC, a Florida limited liability company whose address is 19308
SW 3801h Street, Post Office Box 343529, Florida City, FL 33034 (hereinafter called "Tenant"),
In consideration of the provisions herein contained, it is mutually covenanted and agreed by and
between the Landlord and Tenant as follows: a�
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WHEREAS, Landlord and Tenant executed that certain Commercial Lease Agreement
dated August 26, 2022 (the "Lease") for those premises which consists of four (4) platted lots
located at 190, 180, 170, and 160 Sands Road, bearing parcel identification numbers 00300180-
000100; 00300180-000200; 00300180-001700 and 00300180-00180 (collectively the
"Premises"). U
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WHEREAS, the Term of the Lease ends on December 31, 2022 and the Landlord and E
Tenant desire to extend the Term of the Lease;
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NOW THEREFORE in consideration of the mutual covenants and conditions contained
herein and good and valuable consideration, Landlord, Tenant and Guarantor agree as follows:
1. Term and Lease Years. The Lease Term shall be extended to March 31, 2023. 0
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2. Rent. There shall be no rental fee for the subject use of the Property.
All other terms and conditions of the original lease shall remain in full force and effect
unless modified in writing, signed by both parties hereto.
Signature Pages Immediately Following:
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G.12.a
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IN WITNESS WHEREOF,the Landlord and Tenant have duly signed and executed these presents E
in this day of , 2023.
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LANDLORD:
MONROE COUNTY COMPREHENSIVE PLAN w
LAND AUTHORITY, a land authority under
Section 380.0663(1), Florida Statutes, and Monroe
County Ordinance Number 031-1986
ATTEST:
By: By: E
Christine Hurley, Executive Director David P. Rice, Chairman U
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TENANT:
Seahorse Cottages Big Pine Key, LLC, a Florida
limited liability company
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By: Seahorse Cottages BPK, LLC, a Florida limited
liability company, Its Manager 0
By:
Steven C. Kirk, President E
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G.12.b
Gambuzza-Dina
From: Gambuzza-Dina
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Sent: Monday,August 29, 2022 10:39 AM _
To: Steve Kirk E
Cc: Dottie Cook; Hurley-Christine; Greg Oropeza (greg@oropezastonescardenas.com)
Subject: RE: Lease Agreement - Seahorse Cottages Use of Adjacent Land
Attachments: Lease Agreement.pdf t)
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Hello Mr. Kirk,
Attached is the fully executed Lease Agreement with the Monroe County Land Authority with an effective date of
8/26/22 and end date of 12/31/22.
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Please let us know if you need anything else.
Thank you.
Regards, U
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Dina Gambuzza
Office Manager
Monroe County Land Authority
1200 Truman Avenue,Suite 207
Key West,FL 33040
Ph: (305)295-5180;Fx: (305)295-5181
Mail stop:5B
Qambuzza-ding((,.)monroecoun -fl.Gov
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Please note:that I only have access to my email during normal business hours Monday through Friday 8 am-5 21
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Pm.
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Florida has a very broad public records law. Most written communications to or from the County regarding County
business are public record,available to the public and media upon request. Your e-mail communication may be
subject to public disclosure. Lj
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From: Hurley-Christine<Hurley-Christine@MonroeCounty-FL.Gov> E
Sent:Tuesday, August 9, 2022 9:27 AM
To: Steve Kirk<SteveKirk@rural neigh borhoods.org>
Cc: Dottie Cook<DottieCook@ruralneighborhoods.org>; Greg Oropeza (greg@oropezastonescardenas.com)
<greg@oropezastonescardenas.com>; Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>; Hurley-Christine 0
<Hurley-Christine@MonroeCounty-FL.Gov> ;
Subject: Re: Seahorse Cottages Use of Adjacent Land
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G.12.b
LEASE AGREEMENT
THIS LEASE AGREEMENT,made and entered into this ay of August 2022,by and
between Monroe County Comprehensive Plan Land Authority, a land authority under Section o
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380.0663(1), Florida Statutes and Monroe County Ordinance Number 031-1986,whose address is
1200 Truman Avenue, Suite 207, Key West, FL 33040, hereinafter referred to as "Landlord," and en
Seahorse Cottages Big Pine Key, LLC whose address is 19308 SW 380th Street, Post Office Box
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343529, Florida City, FL 33034, hereinafter referred to as "Tenant".
WITNESSETH:
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1. LEASEHOLD PREMISES. Landlord hereby leases unto Tenant, and Tenant hereby o
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leases from Landlord those premises which consist of four(4) platted lots located at 190, 180, 170
and 160 Sands Road, Big Pine Key, Florida, bearing parcel identification numbers 00300180-
000100;00300180-000200;00300180-001700 and 00300180-00180(collectively the"Premises").
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The Premises shall be permitted for use as construction staging of modular homes being developed
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for workforce housing. -I
2. TERM. The lease term shall and shall commence on 2022 and
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end December 31, 2022. 0
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3. RENT. There shall be no rental fee for the subject use of the Premises.
4. PREPARATION OF THE PREMISES. Unless otherwise provided for pursuant to an
addendum to this Lease, the Premises are being delivered in an "as is" condition.
5. ACCEPTANCE OF PREMISES. Tenant having taken possession of the Premises
shall be conclusive evidence that the Premises were in good order and satisfactory condition on the
day Tenant took possession for Tenant's use.
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6. ALTERATIONS. The Tenant shall not be permitted to make any alterations to the
Premises.
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7. MAINTENANCE AND REPAIRS. The Tenant will, at Tenant's sole cost and
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expense, keep that portion of the Premises utilized by it in good condition during the term of this 0
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lease. Tenant will remove all debris and any concrete on the lots,as well as resod one week prior to
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lease expiration.
8. INSURANCE. Tenant shall,at Tenant's expense,obtain and keep in force during the
lease term, a policy of comprehensive public liability insurance insuring Landlord and Tenant
against any and all claims for damages to person or property, or loss of life, or of property, in or
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about the Premises, the limits of such policy or policies to be in an amount not less than 0
$1,000,000.00 with respect to an accident/public liability;and to be written by insurance companies
satisfactory to Landlord. Landlord shall be reflected as an additional insured on all such policies of
insurance. Tenant shall pay all of the premiums therefor and shall deliver copies of such policies,
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and declaration pages for any annual renewal of said policies,to Landlord within ten(10)days from
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the effective/renewal dates. 75
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In the event of failure of Tenant either to affect such insurance, or to pay the premiums,
Landlord shall be entitled to affect such insurance and pay the premiums,which premiums shall be U
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deemed as additional rent. o
It shall be the exclusive obligation of Tenant to insure any and all contents of the leasehold en
Premises; and it is hereby agreed that the Landlord shall have no liability for loss or damage to the
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same, from any cause whatsoever.
9. DEFAULT. If the Tenant is in default for failure to comply with a non-monetary
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covenant, and if the same is not cured by the Tenant within ten (10) days after written notice, ®'
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Landlord may declare a default and shall have the right to terminate the Lease, and to re-let the
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Premises.
10. ATTORNEY'S FEES AND COSTS. If any action at law or in equity shall be
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brought under this Lease,or for or on account of any breach of,or to enforce or interpret any of the
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covenants, terms, or conditions of this lease, or for the recovery of possession of the demised
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Premises,the prevailing party shall be entitled to recover from the other party,reasonable attorneys
fees and costs. U)
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H. INDEMNIFICATION, HOLD HARMLESS. Tenant shall indemnify and hold
harmless Landlord against and from any and all claims arising from Tenant's use of the Premises for
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the conduct of its business or from any activity,work,or other thing done,permitted or suffered by 0
the Tenant in or about the building,or arising from any actor negligence of the Tenant. Tenant,as a
material part of the consideration to Landlord, hereby assumes all risk of damage to property or
injury to persons, in, upon or about the Premises,from any cause other than Landlord's negligence,
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and Tenant hereby waives all claims in respect thereof against Landlord.
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12. LIENS. Tenant agrees to pay all of Tenant's contractors,subcontractors,mechanics, 75
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laborers, and material men. Tenant shall not have any authority to create any liens for labor or
material on the Landlord's interest in the above-described property. U
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13. ASSIGNMENT OR SUBLET BY TENANT. Tenant may not transfer or assign this
Lease or sublease the Premises,or any portion thereof,without the prior written consent of Landlord, en
which consent may be unreasonably withheld.
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14. ENTIRE AGREEMENT / PARTIES BOUND. This Lease contains the entire
agreement between the parties hereto and all previous negotiations leading hereto, and it may be
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modified only by an agreement in writing signed by the Landlord and Tenant. The covenants and
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conditions herein contained shall apply to and bind the heirs, successors,executors,administrators
and legal assigns of the parties to this Lease.
IN WITNESS WHEREOF, the Landlord and Tenant have duly signed and executed these
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4VI day of as
2022 presents on this U
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LANDLORD:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY, a land
'TEST: authority under Section 380.0663(1),
Florida Statutes, and Monroe County
Ordinance Number 031-1986 E
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TENANT:
APProved as to form and legality: Seahorse Cottages Big Pine Key, LLC, a
Florida limited liability company
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Gregory S,Oropezo, glqwlrro—
By: Seahorse Cottages B LLC, a Florida X
limited IjAbHity corny,wits, Manager w
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By:
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to n C. Kirk, President
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