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3. 1st Amendment to 25 Year Lease 02/15/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 12, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: February 15, 2023 BOCC Meeting The following item has been executed and added to the record: C2 First Amendment to the Lease Agreement with the Lower Keys Chamber of Commerce for two parcels on Big Pine Key for use as an office, welcome center, and for various Chamber sponsored community events. 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 LOWER KEYS CHAMBER OF CO IMERCC INC. AND MONROE COUNTY 15th This FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this th e ruary + day off 2023, by and between MONROE COUNTY, a political subdivision of the State of Florida, (hereafter "County" or "Lessor"), whose address is 1100 Simonton Street, Key West, Florida 33040, and LOWER KEYS CHAMBER OF COMMERCE, INC., a not-for- profit corporation, organized and existing under the laws of the State of Florida, whose principal address is 31020 Overseas Highway, MM 31, Big Pine Key, Florida 33043, (hereafter"Chamber" or"Lessee"). WHEREAS, the Monroe County Board of County Commissioners (hereafter "BOCC") leases premises owned by the County to other governmental agencies and not-for-profit organizations servicing the Monroe County community; and WHEREAS,the Chamber requested use of certain County-owned property located in Big Pine Key, Florida, in order to construct a community center building on the land with same to be operated by the Chamber; and WHEREAS, the County and the Chamber entered into a Lease Agreement on January 1, 1966, for a fifteen(15)year term,with the Chamber to construct a new community center building within two (2)years of commencement of the initial term, on the parcel of land identified as lying in a part of Government Lot 1, Section 25,Township 66 South,Range 29 East, located in Big Pine Key,Monroe County,Florida, and more particularly described in the Lease by a metes and bounds legal description; and WHEREAS,the Chamber continued its use of that certain County property located in Big Pine Key, Florida, and in 1978, the County and the Chamber entered into another Lease of said property on September 19, 1978, for a twenty-five (25)year term; and WHEREAS,on March 12, 1978,the County and Chamber entered into a First Amendment to said 1978 Lease, to relinquish a certain portion of said leased parcel of land in order to allow City Electric System access to a portion of the original parcel leased to the Chamber in exchange for leasing another portion of the County land to the Chamber; and WHEREAS, the County and the Chamber subsequently entered into a new Lease Agreement ("Original 2013 Lease") on April 17, 2013, for a twenty-five (25) year term which expires on April 30, 2038, of a parcel of land lying in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East, located in Big Pine Key, Monroe County, Florida, and more particularly described in Paragraph 1 of the Original 2013 Lease; and WHEREAS, it was subsequently discovered in 2021 that all or at least a portion of the leased property on which the Chamber building was located was actually owned by the State of 1 Florida, through the Florida Department of Transportation (hereafter "Department"), which had been deeded from the County to the Department on or about May 24, 1977, which was to be used for parking for US Highway 1, a right-of-way, or as a park, with said land to revert back to the County if it was no longer used for any of these three purposes; and WHEREAS, on December 8, 2021, said land was in fact returned to Monroe County by way of a Quitclaim Deed recorded in the Official Records of Monroe County in Book 3143 at Page 2123, with the Department reserving certain easement rights in said land; and WHEREAS, the County and the Chamber now desire to correct the legal description of the parcel of land currently being leased by the Chamber under its existing Original 2013 Lease, and WHEREAS, the parties have found the Original 2013 Lease to be mutually beneficial to the parties; and WHEREAS, the parties find that it would be mutually beneficial to enter into this First Amendment to Lease Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Paragraph 1, PROPERTY, of the Original 2013 Lease, is hereby amended to replace the original Paragraph 1 with the following paragraph: 1. PROPERTY. The County leases to Lessee the premises as shown on Exhibit "A" and more particularly described as: A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29 East on Big Pine Key, Monroe County, Florida, and being more particularly described a follows: Commence at the Southwest corner of the Northwest one-quarter(1/4) of said Section 25, Township 66, South, Range 29 East;thence S89°09'26"E, along the South line of said Northwest one-quarter (1/4) of Section 25, for a distance of 50.00 feet to a point on the East Right of Way line of Industrial Road, as shown on the Florida Department of Transportation Right of Way Map for said State Road 5, Section 90020/90030, sheets 4 and 5 of 7, dated April 1, 2019, and the POINT OF BEGINNING of the following described Parcel: Thence N00°56'33"E, along said East Right of Way line of Industrial Road, for a distance of 207.55 feet to the Intersection with the South Right of Way line of State Road 5 (Overseas Hwy.), as shown on said Right of Way Map; thence S88°56'55"E, along said South right of way line of State Road 5, for a distance of 150.00 feet; thence S00°56'33"W for a distance of 207.01 feet to a point on aforesaid South line of the Northwest one-quarter (1/4) of Section 25, for a distance of 150.00 feet to the POINT OF BEGINNING. 2 And A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 66 South, Range 29 East, on Big Pine Key, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 25, bear East 50 feet to the POINT OF BEGINNING of the parcel hereinafter described; thence South, 90 feet; thence East, 150 feet; thence North 90 feet; thence West, 150 feet,back to the POINT OF BEGINNING. 2. Paragraph 10, NONDISCRIMINATION, of the Original 2013 Lease, is hereby amended to replace the original Paragraph 10 with the following paragraph: 10. NONDISCRIMINATION 1 E UAL EMPLOYMENT OPPORTUNITY. Lessee and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Lessee or County agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,as amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which 3 prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 3. Paragraph 20, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the Original 2013 Lease,is hereby amended to replace the original Paragraph 20 with the following paragraph: 20. ADJUDICATION OF 'DISPUTES OR DISAGREEMENTS. County and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 11 concerning termination or cancellation. 4. Paragraph 34, NOTICES, of the Original 2013 Lease, is hereby amended to replace the original Paragraph 34 with the following paragraph: 34. NOTICES. Any written notices or correspondence given pursuant to this agreement shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Lessee when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Owner; For Lessee: Director of Facilities Maintenance Executive Director Monroe County Lower Keys Chamber of 123 Overseas Hwy., Rockland Key Commerce, Inc. Key West, Florida 33040 31020 Overseas Highway, MM 31 Big Pine Key, Florida 33043 and Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, Florida 33040 4 5. Exhibit "A" of the Original 2013 Lease, is hereby amended to replace the original Exhibit"A"with the attached Exhibits "A-1" and "A-2". 6. Except as set forth in Paragraphs 1 through 5 of this First Amendment to Lease Agreement, in all other respects, the terms and conditions set forth in the Original 2013 Lease remain in full force and effect. i IN,WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ,,y_;,�y :ar `(rs2t above written. r (417/ yJ ��' �,(tt� 7 ,�afy tM �G41jS`r —\ S� ;; ' ' A� j LJ fir BOARD OF COUNTY COMMISSIONERS r4�;t Atte t tKF,y1N MADOK, CLERK OF MONROE COUNTY, FLORIDA, ch,, .,, , ,, J ,. .4 a,, LESSOR �r .s ', ' A e,, By: o� � By;, __ _'ice' ' As eputy Clerk Mayor Date:. 21.1 51 2 02 3 LOWER KEYS CHAMBER OF Attest: Witness CO _9 R^.E INC., LESSEE. Si` "" re of person authorized to Signature legally bind Corporation Date:. DI I 014 12o23. Si-eve- M(11E : c verDiR 6R ri 07,• Name<and Date Print Name and Title aa ---j " NMOVROE COUNTY ATTORNEY'S OFFICE 2t ;paevigLtS TO 0.Ms • Li- i I`:. PATRiC1A EAMES 5 s1 ST NTY ATTORNEY Exhibit "A-1" n r_ MAP OF BOUNDAKY SUKVEY N W E s GRID VORTh //` 0 10 20®0 ---- [ H�_ C! i i i - i q �J s _ -J il °I 5c CCw C. ol, SURVEYORS NOTES LEGAL DESCRI F—0 BOUNDARY SURVEY MAP FLORIDA KEYS _ ❑ ...2_ _ OVERSEAS HIGHWAY,BIG PINE KEY LAND SU RVEYING MONROE COUNTY,STATE OF FLORIDA A.iTI oanoizoee .—T: MI-OVERSEAS z zixxirara v W o _ll; ro o � O N N 1 J Q� n r" zs o o ° W C7 O a o � h K Q XX o O W Ix U OXX Z z z u 00 <) cnm O . a a N0 0 lo a z j3 O O 0 m >,o 0 0 f u.i o ui ui U, s v N_, a, 0 o Z o cn 0 N Uj �nNO u o°o°O O u w oM 9 o00 o Cr Zo = W ) waN /� o CJ n 1 ry ��o �! N ° 0 cn o0 0 n ° ° ° >° o o ° o O n )o ` o ]00- o°o o o <0 �o0 o .� oo - U 0o 0 0 u,<Q 0 < u°CD ; •� ��� - emu, �� O O N O o 0 mo X °° p LU — �ld ° _ __ o m I o u i o o u Ong m0 - n z°2 �� o° �� u� _ 00°0---- — --- --: '° °° °N - o — o o o0 0 oom boo o 3 o, o o° m° o 03° oo 0u 0®0 o o� IV v �,uu �, ' DATE(MMID13i A II LIABILITY 03/10/2023 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED„the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTar C"T Paula IMaksen NAM E: 30346 Overseas Highway A®®�� (305)872-0097 �,� (305)872-1005 30346n OverInsuseas sHigInc y ILL Paulal@lsaksenlnsurance.com RO.Box 430534 INSURERiS")AFFORDING COVERAGE NAIL N Big Pine Key FL 33043 1 INSURER: Mount Vernon Fire Insurance Company INSURED INSURER B Lower Keys Chamber Of Commerce INSURER C 31020 Overseas Highway INSURER D INSURER E Big Pine Key FL 33043 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2331002623 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED I @AMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PoLICYiEFF LTR TYPE OF INSURANCE T] _ R (MM1DD ' (MMroY EXF INSD POLICY NUMBER DIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY $ 1,000,000 I N ul�p f�JIdIT'I III L (,'I ARMS-1 tAiA UI"" [9 C;.: 111 a 100,000 �) C' ........................ .. IMF P71 ?C@>fr&iro�r c�rim raa�um,unr➢ $ 5,000 .-.... A Y NBP2550078M 10/06/2022 10/06/2023 .......... AG Rr („Ail iIAH Aa":r l P l G1 Nell irAI AG RI-Gr'ra $ 2„OOQ,0041 �,'v CIC I'N+��V1h1i,G', a�gwYtl'ii::)I 0'..• ;. r)11 11 1'. _ $ �....... AUTOMOBILE LIABILITY �9klll II:: I I'c 1..41flll" I iF� ro 1ti+n�I '.... AU 1 11 iQUILTiNJfII"i (1',nII:v:I oil 37 A d).�l'�P..�� SCIli I'0�.Fr,i NBP2550078M 10/06/2022 10/06/2023 f�27:)Ilvll�d,o111f(I>arra�co rrrul f fil If D NON f'pn(NI:A'( s)NU� ��y,ll I �,wVl,dl.:�f . F44uP)"i"��; f rr r y n1•.yuti included in Aggregate 1 UMBRELLA UAB OC(:;[.11 y� V Fhb 14 G7d'(:,III�,F)F I�$ L... ....._ 'Sq EXCESS LIAB CI.AIq S,MA rl: �' I I_ �r�,I,t AND JI:L Ft FI tJ IC„N a WORKERS COMPENSATION """� OTl l mow, "'_ V f f4�,81g1111 YIN 4 23 GIi AL 11 K"Ll UL0MA MRFF UpA UJDFI &' NIA r V kT�".4'.IV 71 la! ( tory in IV11 Q �I 'T;Gd'fi'TIONOI �ORItFtfl10,�t ;,ow FI 1,VfAgl (11.iC'i1 � 0� foe .,i L...V'IWgI'T '(P DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Certificate Holder.Monroe County Board of County Commissioners is also an additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 / J` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 2018 Edition REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance i i in the 's Schedule Requirements, ived or modified on the followingt. ContractorNendoro.n . ..._ 1 1 � 'c , Project or Service; Contractor/Vendor Address&Phone : 31. z _ �yE P,: - General Scope of Work: C, — Reason for Waiver or ..W % "—A- . + odification: " e. Policies Waiver or Modification will apply to: wind and flood Signature of Contractor/Vendor: Date. Approved � .X,... ., Not Approved d Jaclyn Hatt Fisk Management Date: 4 . 5 . 23 County Administrator appeal: Approved: IT of Approved: Date: .--- Board of County Commissionersappeal: Approved- of Approved- Meeting Date: Administrative Instruction 75 .7 t04