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Item C01 C.1 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: C.1 Agenda Item Summary #11274 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549 No AGENDA ITEM WORDING: Approval of First Amendment to Lease Agreement with Wharf Marina SMI, LLC, to reflect the sale of the building which houses the Public Defender's Marathon Office. Wharf Marina, Inc. sold the building to Wharf SMI, LLC on July 13, 2022. This Amendment seeks approval to acknowledge the sale of the real property and consent of Wharf Marina SMI, LLC to take possession of the property; amend the name and address of the Lessor for rental payments and notices; and update address for Lessee for Notices in Article XIX of the Lease Agreement. ITEM BACKGROUND: The County is obligated to provide adequate office space for the Public Defender and State Attorney. Their offices have been in this building at 4695 Overseas Highway in Marathon for at least thirteen (13) years. The building lease expired on June 30, 2012, but the County continued renting the building on a month-to-month basis until a new three (3) year lease agreement was approved by the BOCC on September 16, 2020. The State Attorney has now relocated to another County building in Marathon. The Public Defender had been seeking additional space in Marathon. So, staff contacted the previous owner, Wharf Marina, Inc., asking to release the former Public Defender space (1,200 SF) and allow the Public Defender to move into the space vacated by the State Attorney (2,400 SF). The County and Wharf Marina, Inc. agreed to the new three (3) year lease agreement with reduced rent since the lease was for the entire building (3,600 SF). The Lease provides for termination should County-owned space become available. The annual rent commenced at $72,000.00 for the entire building with a 3 % increase annually. On July 13, 2022, Wharf Marina, Inc. sold the building to Wharf Marina SMI, LLC. This First Amendment seeks approval to acknowledge the sale of the property and the consent of Wharf Marina SMI, LLC to take possession of the real property as Lessor subject to the current lease, to reflect the new owner of the real property as Wharf Marina SMI, LLC, amend the name and address of the Lessor and "rental remit to address" in Articles 11, RENTALS, and XIX, NOTICES, and correct the address for Notice to Monroe County, as Lessee, in Article XIX of the Original Agreement. Staff recommends approval of this First Amendment. Packet Pg. 37 C.1 PREVIOUS RELEVANT BOCC ACTION: September 16, 2020 BOCC approved a new three (3) year Lease Agreement with reduced rent to lease the building for the full space (3,600 SF) for the Marathon Public Defender Office. The Lease provides for termination should County- owned space become available. The annual rent commenced at $72,000.00 for the entire building with a 3 % increase annually. CONTRACT/AGREEMENT CHANGES: Wharf Marina sold to Wharf SMI, LLC, where the Public Defender has their Marathon office. This Amendment reflects new owner and address change for rental payments and notices. STAFF RECOMMENDATION: Approval DOCUMENTATION: 04-19-2023-FIRST AMENDMENT TO LEASE AGREEMENT (Final legal stamped)-Wharf SMI- Rev-Partial Exec Special Warranty Deed 7-13-22 on sale by Wharf Marina Inc_to Wharf SMI ESTOPPEL CERTIFICATE to new owner July 2022-Exec 09_16_2020 Agreement-Wharf FINANCIAL IMPACT: Effective Date: Retroactive to July 13, 2022 (new ownership) Expiration Date: September 30, 2023 Total Dollar Value of Contract: $76,384.80 remaining on lease term Total Cost to County: $76,384.80 remaining on lease term Current Year Portion: $76,384.80 (FY23) Budgeted: Yes Source of Funds: CPI: No Indirect Costs: Staff and maintenance Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: N/A Additional Details: This First Amendment is to document new ownership and remit payments to address. The current lease expires September 30, 2023, but provides for one optional, three-year lease renewal. N/A new property owner Packet Pg. 38 C.1 REVIEWED BY: Patricia Eables Completed 05/01/2023 12:45 PM William DeSantis Completed 05/01/2023 12:50 PM Purchasing Completed 05/01/2023 1:20 PM Budget and Finance Completed 05/01/2023 3:11 PM Brian Bradley Completed 05/01/2023 3:40 PM Lindsey Ballard Completed 05/02/2023 11:50 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 39 DocuSign Envelope ID:78887195-3CA5-41 F8-A7AC-499606791319C C.1.a U) FIRST AMENDMENT TO LEASE AGREEMENT a THIS FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this u 19th day of April, 2023, by and between WHARF MARINA SMI, LLC, a Foreign Limited ap Liability Company, authorized to do business in the State of Florida, whose principal address is 17330 Preston Road, Suite 220A, Dallas, Texas 75252, parry of the first part, hereinafter referred to as "Lessor", and BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida,whose address is 1100 Simonton Street, W Key West, Florida 33040,parry of the second part, hereinafter referred to as "Lessee". WHEREAS, the initial Lessor, Wharf Marina, Inc., owned certain real property located at 4695 Overseas Highway, Marathon, Florida, hereinafter "Premises"; and WHEREAS,the initial Lessor,Wharf Marina, Inc., and Lessee entered into a three(3)year Lease Agreement(hereinafter"Original Agreement"), on the 161h day of September, 2020, for the Premises hereinabove identified and as set forth on the Original Agreement as Exhibit"A"; and CL WHEREAS, Wharf Marina, Inc. sold the real property, which is the subject of the herein U) leased Premises, to Wharf Marina SMI, LLC, on or about July 13, 2022, with said Special Warranty Deed recorded in the Official Records of Monroe County,Florida, in Book 3184 at Page 1951; and WHEREAS, as part of that sale, Wharf Marina SMI, LLC, took possession of the real property subject to any and all existing tenancies; and W WHEREAS, the parties hereto acknowledge the sale of the property and the consent of Wharf Marina SMI, LLC,to take possession of the real property subject to the Original Lease; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and agree to amend the Original Agreement to reflect the current owner of the real property as Wharf Marina SMI, LLC, amend the name and address of the Lessor in Articles 11, RENTALS, and XIX, NOTICES,and correct the address for Notice to Lessee in Article XIX, of the Original Agreement; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: N N 1. The Original Agreement is now amended to reflect the current owner of the real property as Wharf Marina SMI, LLC, of Dallas, Texas, a Foreign Limited Liability Company, authorized to do business in Florida, whose address is 17330 Preston c� Packet Pg.40 DocuSign Envelope ID:78887195-3CA5-41 F8-A7AC-499606791319C C.1.a U) Road, Suite 220A, Dallas, Texas 75252, and thereby the current owner and Lessor a of this property as of July 13, 2022. 2. The second paragraph of Article II, RENTALS, of the Original Agreement, is ap amended to read as follows: .2 It RENTALS: c� a� X The rental shall be paid to the Lessor and mailed to Wharf Marina SMI, LLC, at 17330 Preston Road, Suite 220A, Dallas, Texas 75252,prior to the Or last day of the month. > All other provisions of Article 11 remain the same. 3. Article XIX.,NOTICES, of the Original Agreement,is amended to read as follows: CL XIX. NOTICES: U) All notices required to be served upon the Lessor shall be served by certified r mail, return receipt requested, postage prepaid, or by courier with proof of 2 delivery at Wharf Marina SMI, LLC, 17330 Preston Road, Suite 220A, a Dallas, Texas 75252, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, postage prepaid or by courier with proof of delivery at the Monroe County Facilities W Maintenance Department, 123 Overseas Highway, Key West, Florida, 33040, and Monroe County Attorney; 1111 12'h Street, Suite 401, Key West, Florida 33040. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this W paragraph. Notice is deemed received by Contractor when hand delivered 0 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. 4. Except as set forth in paragraphs one through three of this First Amendment to Lease Agreement, in all other respects, the terms and conditions of the Original Agreement dated September 16,2020,not inconsistent herewith shall remain in full force and effect. Ur M N N [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] E c� 2 Packet Pg.41 DocuSign Envelope ID:78887195-3CA5-41 F8-A7AC-499606791319C C.1.a U) IN WITNESS WHEREOF, each parry hereto has caused this First Amendment to Lease Agreement to be executed by its duly authorized representative on the day and year first written above. 2 c� Signed, Sealed and Delivered LESSOR: WHARF MARINA SMI, LLC X in the presence of: DOGUSigned by: CL Witness DCCBC20C4AA34C8_.. Title: Chief Financial Officer Print Name Thomas N. Tipton, Jr. Print Name a� CL Date: Date: 04-06-2023 U) Witness Print Name w Date (SEAL) LESSEE: BOARD OF COUNTY w COMMISSIONERS OF ATTEST: KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA M cN By: By: c14 As Deputy Clerk Mayor/Chairperson ' Date: �0 AO CouNTy ATT, ANEY" OFFICE r C T tiCRM 3 PMBA STA IT C ORNEY C Packet Pg.42 10/4/22, 12:46 AM Landmark Web Official Records Search Doc#2383966 Bk#3184 Pg#1951 Recorded 7/18/2022 at 12:46 PM Pages 6 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK REC: S52.50 Deed Doc Stamp S63,700.00 O PREPARED BY: Gregory S.Oropeza,Esq. Oropeza,Stones&Cardenas,PLLC 221 Simonton Street Key West,Florida 33040 Parcel ID No 00103090-000100 and 00324780-000000 Consideration$9,100,000.00 [Space Above This Line for Recording Data] SPECIAL WARRANTY DEED THIS.SPECIAL WARRANTY DEED is made this 13`h day of July, 2022, by Wharf Marina;Inc., a Florida corporation,whose mailing address is 489 Madison Court,Fort Myers Beach,FL 33931 ("Grantor"),and delivered to Wharf SMI,LLC,a Delaware limited liability company whose mailing address is 17330 Preston Road; Suite 220A, Dallas, TX 75252 ("Grantee"). (Wherever used herein,the terms"Grantor"and"Grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors. and assigns of corporations and other entities.) 0 c� I WITNESSETH: That Grantor, for and inconsideration of the sum of Ten and no/100 Dollars($10.00)and other good and valuable consideration,the receipt of which is hereby acknowledged,does hereby grant,bargain,sell;remise,transfer and convey unto Grantee forever,the following described land in Monroe County,Florida(the"Property'): See`Exhibit A"attached. TOGETHER WITH all the tenements, hereditaments, and appurtenances, with every U) privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or 0 in anywise appertaining. C4 TO HAVE AND TO HOLD the same in fee simple forever. SUBJECT TO taxes and assessments for the year 2022 and subsequent years which are not yet due and payable, zoning and other governmental land use restrictions and limitations, and all matters listed on attached"Exhibit B (the"Permitted Encumbrances");provided,however,theCU . foregoing statement is not intended to and shall not be construed to reimpose any such matters. CU Grantor hereby covenants with Grantee that, except for those matters described above, at the time of the delivery of this Deed, the Property was free from all encumbrances made by Grantor,and that Grantor will warrant and defend the title to the Property against the lawful claims and demands of all persons whomsoever lawfully claiming by,through or under Grantor herein, but against none other. c� 1 of 6 or.monroe-clerk.com/LandmarkVVeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Packet Pg.43 10/4/22, 12:46 AM Landmark Web Official Records Search Doc.#2383966 Page Number:2 of 6 IN WITNESS WHEREOF,Grantor has executed this deed on the day and year first above written. 0 WITNESSES: Wharf Marina,Inc.,a Florida corporation U) PrintNa►ne: Care fro�`1 0 r7'`' y:James Figuerado, r. Its: President c� Pr Na e: V\C,` STATE OF FLORIDA COUNTY OF PALM BEACH 0 I The foregoing instrument was acknowledged before me by means of 9-ph-ysical presence or❑ online notarization this 11t— day of July,2022,by James Figuerado Jr.,President of Wharf Marina,Inc., a Florida corporation,on behalf of said company. He(personally known to me or()has produced a driver's license as identification. (AFFIX NOTARIAL SEAL) Notary Public—State of Florida Print Name: My Commission Expiration U) and COmm1SS1On Number: C Notary Public State of Florida 0 Gregory s. oropeza t^d My Commission N 1111 HH 278836 1 Exp. 7/1/2026 t LO 2 of 6 or.monroe-clerk.com/LandmarkVVeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Packet Pg.44 10/4/22, 12:46 AM Landmark Web Official Records Search Doc.#2383966 Page Number:3 of 6 Exhibit"A"—Legal Description 0 Lots 1, 2, 3, 4 and 5,Block D and adjacent part of Vacated Redora Road, of AMENDED PLAT OF MARAMEADE SUBDIVISION, according to the Plat thereof recorded in Plat Book 3,Page 185,of the Public Records of Monroe County,Florida; And A 122 foot strip of land and water in a part of Government Lots 1 and 2, Section 10,Township 66 South, Range 32 East,being on Key Vaca, Monroe County, Florida, and being more particularly described by metes and bounds as follows: COMMENCING at the intersection of the Northwest corner of"MARAMEADE SUBDIVISION" 2 as recorded in Plat Book 3, Page 185 of the Public Records of Monroe County, Florida, and the Southeasterly right-of-way line of U.S.Highway No. 1,bear South as a POINT OF BEGINNING; from said bear South 74 Degrees 20 Minutes West along the southeasterly right-of-way line of U.S.Highway No. 1, 122 feet to a point;thence bear South 15 Degrees 40 Minutes East 960 feet, more or less, out into Book Key Harbor; thence bear Northeasterly to a point that is 122 feet measured at right angles to the preceding course and is also bearing South 15 Degrees 40 Minutes East from the Point of Beginning; thence bear North 15 Degrees 40 Minutes West 676.33 feet, 0 more or less back to the POINT OF BEGINNING.The above described property is also described cal as follows: cu The Easterly 100 feet of the Mortgage premises described in a mortgage dated September 26, 1972 which was recorded in the Official Records of Monroe County,Florida at Book 519 Page 772,by reference and made a part hereof,being a 100 foot frontage on U.S. Highway No. 1,and extended" Southerly at right angles to the North boundary of said parcel and parallel to the Easterly boundary of said parcel to the south of said parcel. And also, a 122 foot strip of land and water in a part of Government Lots 1 and 2, Section 10, Township 66 South,Range 32 East,being on Key Vaca,Monroe County,Florida. 0 And being more particularly described by metes and bounds as follows: N COMMENCING at the intersection of the Northwest corner of"MARAMEADE SUBDIVISIONS as recorded in Plat Book 3, Page 185 of the Public Records of Monroe County, Florida, and the Southeasterly right-of-way line of U. S.Highway No. 1,bear South as a POINT OF BEGINNING; from said point bear South 74 Degrees 20 Minutes West along the southeasterly right-of-way line of U.S. Highway No. 1 for a distance of 122 feet to a point; thence bear South 15 Degrees 40 CU Minutes East for a distance of 960 feet, more or less, out into Book Key Harbor; thence bear CU Northeasterly to a point that is 122 feet measured at right angles to the preceding course and which is also bearing South 15 Degrees 40 Minutes East from the POINT OF BEGINNING;thence bear 2 North 15 Degrees 40 Minutes West for a distance of 850 feet,more or less back to the POINT OF BEGINNING. AND c� 3 of 6 or.monroe-clerk.com/LandmarkVVeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Packet Pg.45 10/4/22, 12:46 AM Landmark Web Official Records Search Doc.#2383966 Pagc Numbcr: 4 of 6 Lot 6, Block D of AMENDED PLAT OF MARAMEADE SUBDIVISION, according to the Plat thereof recorded in Plat Book 3,Page 185,of the Public Records of Monroe County,Florida. U) c2 0 c� I U) C 0 N c� 4 of 6 or.monroe-clerk.com/LandmarkVVeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Packet Pg.46 10/4/22, 12:46 AM Landmark Web Official Records Search Doc.#2383966 Pagc Numbcr: 5 of 6 Exhibit"B"—Permitted Encumbrances 0 1. Taxes and assessments for the year 2022 and subsequent years, which are not yet due and payable. 2. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. . (excluding Lots 2-6, Block D of AMENDED PLAT OF MARAMEADE HARBOUR PLAT BOOK 2, PAGE 185 and Parcel 2) 3. Restrictions, covenants, conditions, easements and other matters as contained on the Plat of AMENDED PLAT OF MARAMEADE SUBDIVISION, recorded in Plat Book 3, Page 185, of the Public Records of Monroe County, Florida. c� 4. Grant of Easement recorded in Official Records Book 116, Page 562. 5. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund of the State of Florida recorded March 13, 1953, under Deed Number Deed No. 20309, and corrected in October 8, 1953, under Deed Number 20309 A; however, the right of entry and exploration associated with the oil and mineral reservation has been released pursuant to Sec. 270.11, F.S. 0 6. State Law under Chapter 76-190 and Chapter 22F-8.02 of the Florida Administrative cal Code for Land Planning for the Florida Keys Area of Critical State Concern, recorded in Official Records Book 668, Page 43, Public Records of Monroe County, Florida. 7. House Bill No. 634, Chapter 70-231, an act relating to the Bureau of Beaches, Shores and Coastal Construction, amending Chapter 161, Florida Statutes by adding Section 161.052; providing a setback line for coastal construction and excavation; providing for the granting of variance by the Department of Natural Resources, providing penalties, and providing an effective date. 8. Grant of Easement for benefit of contiguous property (Lot 4, Block E) recorded in Official Records Book 1281, Page 2449, as affected by that Easement For Ingress and Egress U) recorded in Official Records Book 2834, Page 990. C N 9. Easement For Ingress and Egress recorded in Official Records Book 2834, Page 990, as affected by that Final Judgment in Case No. 14-CA-179-M recorded in Official Records Book 2835, Page 1735. 10.Unity of Title recorded in Official Records Book 2845, Page 2003. 11.Rights of the United States of America and/or the State of Florida to any portion of said land which has been created by artificial means or has accreted to any such portion as CU so created. CU 12.Those portions of the property herein described being artificially filled in land in what was formerly navigable waters, are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the CL interest of navigation and commerce. E 5 of 6 i or.monroe-clerk.com/LandmarkVVeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Packet Pg.47 10/4/22, 12:46 AM Landmark Web Official Records Search Doc.#2383966 Page Number:6 of 6 13.The rights, if any, of the public to use as a public beach or recreation area any part of 0 the land lying or formerly lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high-water line or other apparent boundary lines separating the publicly used area from the.upland private area, as it may have existed prior to the construction, if any, of sea wall or bulkhead thereon. U) CL LO 0 c� I U) 0 . N N CL LO 6 of 6 U or.monroe-clerk.com/LandmarkVVeb/search/index?theme=.blue&section=searchCriteriaBookPage&quickSearchSelection=# Packet Pg.48 C.1.c ESTOPPEL CERTIFICATE Suntex Marina Investors LLC, and its successors, assigns, and designees Attn: Bryan Redmond 17330 Preston Road, Suite 220A Dallas, Texas 75252 0 RE: 4695 Overseas Highway, Marathon, Florida 33050 To Whom it may concern: Reference is made to that certain LEASE dated as of September 16, 2020 (the "Lease"), between Wharf Marina, Inc. as landlord ("Landlord"), and the undersigned Board of County a� Commissioners of Monroe County, Florida, a political subdivision of the State of Florida as tenant("Tenant"), for the demised premises at the captioned address more particularly described in the Lease (the "Premises"). Tenant hereby represents that the following statements are true and correct as of the date hereof: 1. Attached hereto as Schedule 1 is a true, correct, and complete copy of the Lease. a� 2. The Lease is in full force and effect and has not been amended, modified, supplemented, or superseded. There are no understandings, contracts, agreement, or N commitments of any kind whatsoever with respect to the Premises, except as expressly provided N in the Lease. � 3. The term of the Lease commenced on October 1, 2020, and currently expires on September 30, 2023. Tenant has the right, under Section IV, to extend the term of the Lease term c for an additional Three (3)year period. 0 4. The base rent presently being charged is $6,180.00 per month. Tenant is current in W its rental obligation under the Lease. No rental, charges, additional rent, or other obligations, other than for the current month, have been paid in advance, except for the prepaid rent stated below. 5. Tenant has paid to Landlord no security deposit nor prepaid rent. U w 6. Landlord is not in any respect in default in the performance of the terms and provisions of the Lease. There is no defense, offset, lien, claim or counterclaim by or in favor of Tenant against Landlord under the Lease or against the obligations of Tenant under the Lease. W 7. Tenant has no right of first offer or right of first refusal. 8. Tenant is not in any respect in default in the performance of the terms and provisions of the Lease. 9. Tenant has not assigned the Lease nor sublet any part of the Premises. 1 Packet Pg.49 C.1.c 10. Tenant has the right to terminate the Lease, under Section XXI, upon six months' prior written notice that the Tenant has obtained adequate office space in a governmental building. 11. Tenant, as of the date below, has not exercised the right to terminate the Lease under Section XXI. 0 Board of County Commissioners of Monroe County, Florida By: C. Date: July 12, 2022 e 2 c� PC3E C AT11 " OWlE FORM CN " W CN PEDRO Jll ASSI T 0 ATTORNEY 75 Date 7/12/22 0 0 U U CL CL en c� 2 Packet Pg. 50 COW Kevin Madok, CPA :. p Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: September 18, 2020 TO: Ke,6n (,.Wilson, PE Assistant County Administrator Suzanne Rubio Execu&c Administrator 0 FROM: Pamela C=. Hanco C. SUBJECT: September 16' 13UCC Meeting � Attached is an electronic copy of the following iteni for your handling: 1111 Lease witli Wliarf Marina, Inc. for office space for the Public Defender in Marathon effective October 1, 2020.The lease t.enn is for three (3) years at $72,000.00 per year. c2 Should you haze any questions please fccl free to contact me at (305) 292-3.550. cN cN i i E c� cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH 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 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 51 C.1.d LEASE AGREEMENT This Lease Agreement entered into this 16th day of September 2020, by and between WHARF MARINA, INC., a Florida Profit Corporation, whose principal address is 4681 Overseas Highway; Marathon, Florida 33050, parry of the first part, hereinafter called the "Lessor", and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,parry of the second part,hereinafter called the "Lessee",. WITNESSETH: 0 That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Marathon, County of Monroe, Florida, described as follows: U) I. LEASE LOCATION: The Lessor leases to Lessee the property situated at and commonly known as 4695 Overseas Highway, Marathon, Florida 33050 ("Premises"), which shall constitute an aggregate area of 3,600 square feet of net rentable space; including property boundaries of 122' x 200', as further c? described in the survey conducted by Phillips & Trice Surveying, Inc., as shown on Exhibit A, attached hereto and incorporated as part of this lease document. ., IL RENTALS: The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above- described Premises for the term set out in this Lease. Lessee hereby agrees to pay the Lessor the sum of Seventy-two thousand and 00/100 ($72,000.00) Dollars annually. The lease amount agreed ' to herein (Six thousand and 00/100 Dollars per month) will be increased annually by three percent (3%), beginning with the first day of October, 2021, and annually thereafter. Rent shall be due CN and payable on or before the last day of each month, in arrears, upon receipt of a proper invoice, Ci acceptable to the Clerk of Court, pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat. Section 218.70. Acceptability to the Clerk is based on generally accepted accounting o) principles and such laws,rules, and regulations as may govern the Clerk's disbursal of funds. The rental shall be paid to the Lessor and mailed to 4681 Wharf Marina, Inc., 4681 Overseas E Highway; Marathon, FL 33050-2322,prior to the last day of the month. III. TERM: To have and to hold the above-described Premises for a term of three (3) years commencing on October 1, 2020,up to and including September 30, 2023. IV. RENEWAL This agreement may be renewed, at the option of the Lessee, for one (1) additional three (3) year period. This option shall be executed only upon approval of the Board of County Commissioners. V. AIR CONDITIONING AND JANITORIAL SERVICES Lease 4681 Overseas Hwy I Marathon,FL 33050-2322 Packet Pg. 52 C.1.d (1) The Lessor agrees to furnish to the Lessee air conditioning equipment, and shall ensure that same is operational and functional at the commencement of this Lease. Thereafter, the Lessor shall maintain air conditioning equipment in satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the Lessor. Lessee shall be responsible for minor repairs, however, not exceeding One Thousand and 00/100 ($1,000.00) Dollars. Thereafter, the Lessor shall bear one hundred percent(100%) of any cost of repair and/or replacement of the air conditioning equipment in excess of One Thousand and 00100 ($1,000.00) Dollars. By mutual agreement. Lessee may contract for major repairs on a reimbursement basis for the costs of such repairs for amounts exceeding One Thousand and 00/100 ($1,000.00) Dollars. (2) The Lessee shall provide janitorial services and all necessary janitorial supplies for the leased premises during the term of the Lease at the expense of the Lessee. VI. MAINTENANCE AND REPAIRS: (1) The Lessee shall provide for interior maintenance and repairs in accordance with generally U) accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this Lease, keep the interior of the demised Premises in as good a state of repair as it is at the time of the commencement of this Lease,reasonable wear and tear, and unavoidable casualties excepted. c? (2) The Lessor shall maintain and keep in repair the exterior of the demised Premises during the term of this Lease, and shall be responsible for the replacement of all windows broken or damaged in the demised Premises, except such breakage or damage caused to the exterior of the demised Premises by the Lessee,its officers, agents, or employees. (3) The Lessor shall maintain the exterior of the demised Premises so as to conform to all E a� applicable health and safety laws, ordinances, and codes which are presently in effect and which may subsequently be enacted during the term of this Lease and any renewal periods. cN (4) The Lessor shall provide appropriate entranceways to the structure to accommodate space C14 allocation for government entities occupying the space, inclusive of ingress and egress, at the expense of the Lessor. o) VII. UTILITIES: The Lessee will promptly pay all solid waste,power, and electric light rates or charges which may become payable during the term of this Lease for solid waste disposal, power, and electricity used by the Lessee on the Premises, or other such similar utilities, as needed by Lessee. VIII. ALTERATIONS: The Lessee shall have the right to make any alterations to the demised Premises during the term of this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. Lease 4681 Overseas Hwy 2 Marathon,FL 33050-2322 Packet Pg. 53 C.1.d IX. FIRE AND OTHER HAZARDS: (1) In the event that the demised Premises, or the major part thereof are destroyed by fire, lightening, storm, or other casualty, the Lessor at its option may forthwith repair the damage to such demised Premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the Premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the Lease shall then continue for the balance of the term. 0 (2) The Lessor shall provide for fire protection during the term of this Lease in accordance with the fire safety standards of the State and/or Monroe County Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State and/or County Fire Marshal. The Lessor agrees that the demised premises shall be available for inspection by the State and/or County Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter. X. EXPIRATION OF TERM: c2 At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised Premises in good and tenantable repair. It is understood and agreed between the parties that the CL Lessee shall have the right to remove from the Premises all personal property of the Lessee and all fixtures, machinery, equipment, appurtenances, and appliances placed or installed on the Premises by it, provided the Lessee restores the Premises to as good a state of repair as it was prior to the removal. XI. SUBLETTING AND ASSIGNMENT: The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall cN not capriciously be withheld, shall have the right to sublet all or any part of the demised Premises, CN or to assign all or any part of the demised Premises. i XII. NOT CONSENT TO SUE: The provisions, terms, or conditions of this Lease shall not be construed as a consent of Monroe E County to be sued because of said leasehold. XIII. WAIVER OF DEFAULTS: The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. Lease 4681 Overseas Hwy 3 Marathon,FL 33050-2322 Packet Pg. 54 C.1.d XIV. RIGHT OF LESSOR TO INSPECT: The Lessor, at all reasonable times during regular business hours, may enter into and upon the demised Premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this Lease. Repairs shall be limited to non- business hours unless an emergency situation exists. XV. BREACH OF COVENANT: If the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed and such default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately or any time thereafter, and without further notice or demand, enter into and upon the demised Premises, or any part thereof and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate, but without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. XVI. ACKNOWLEDGEMENT OR ASSIGNMENT: The Lessee, upon the request of the Lessor, shall execute such acknowledgement or U acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless CL required to do so by the Mortgage under a mortgage or mortgages, executed by the Lessor. XVII. AVAILABILITY OF FUNDS: Monroe County's performance and obligation to pay under this contract, is contingent upon E an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of the Lease initiation and its duration. c� XVIII. USE OF PREMISES: T- The Lessee will not make or suffer an law improper, or offensive use of the Premises or an Y unlawful,� Y o' use of occupancy thereof contrary to the Laws of the State of Florida, or to such Ordinances of Monroe County, or the City of Marathon, now in effect or hereinafter adopted, as may be applicable to the Lessee. c� XIX. NOTICES: All notices required to be served upon the Lessor shall be served by certified mail, return receipt requested, postage prepaid or by courier with proof of delivery at Wharf Marina, Inc.: c/o Mr James Figuerado; 4681 Overseas Highway, Marathon, Florida 33050-2322, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, postage prepaid or by courier with proof of delivery at the Monroe County Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, Florida, 33040 and Monroe County Attorney; 1111 12' Street, Suite 401; Key West, FL 33040. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Lease 4681 Overseas Hwy 4 Marathon,FL 33050-2322 Packet Pg. 55 C.1.d XX. RADON GAS NOTIFICATION: Radon is a naturally occurring gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your county public health unit. XXI. LEASE TERMINATION: This Lease may be terminated by the Lessee upon written six(6) months' notice to the Lessor that the Lessee has obtained adequate office space in a governmental building. XXII. ETHICS CLAUSE: Lessor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or U) any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the Lessee may, in its discretion, terminate this contact without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. cs XXIII. AMERICAN WITH DISABILITIES ACT: The Lessor herein expressly agrees to maintain the subject Premises in full compliance with the American with Disabilities Act of 1990 ("ADA"), as amended. Further, the Lessor shall be liable for any cost or expenditure associated with said compliance. The Lessor shall be fully responsible to restore all rest room facilities to meet ADA requirements at the expense of the Lessor, prior to a� occupancy. XXIV. PUBLIC ENTITY CRIME: c14 c14 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public o) entity, may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00) XXV. ATTORNEY'S FEES, AND COSTS. If any action at law or in equity shall be brought under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of possession of the demised Premises, the prevailing parry shall be entitled to Lease 4681 Overseas Hwy 5 Marathon,FL 33050-2322 Packet Pg. 56 C.1.d recover from the other parry, reasonable attorney's fees, court costs, investigative, and out-of- pocket expenses, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. XXVI. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Lessee and Lessor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. XXVII. INDEMNIFICATION/ HOLD HARMLESS: U) The Lessor covenants and agrees to defend, indemnify, and hold harmless Lessee, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by 2 reason of services provided by the Lessor occasioned by the negligence, errors, or other wrongful 0 act of omission of the Lessor or its employees, or agents. Subject to Section 768.28, Florida Statutes, Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Lessee's use of the Premises for the conduct of its business or from any activity,work, or other thing done,permitted, or suffered by the Lessee in the building. 0 0 XXVIII. NONDISCRIMINATION: cN Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly CN understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease automatically terminates without any further action on the part of any parry, , effective the date of the court order. Lessor and Lessee agree 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 in employment on the basis of race, color, religion, sex, and 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 Lease 4681 Overseas Hwy 6 Marathon,FL 33050-2322 Packet Pg. 57 C.1.d 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 prohibits discrimination on the basis of race, color, sex,religion, disability,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. XXIX. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to the community in general U) or for the purposes contemplated in this Lease. 2 XXX. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any 2 member, officer, agent, or employee of Monroe County in his or her individual capacity, and no 0 member, officer, agent, or employee of Monroe County shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this Lease. XXXI. EXECUTION IN COUNTERPARTS: This Lease may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Lease by signing any such counterpart. cN cN XXXII. SECTION HEADINGS: i Section headings have been inserted in this Lease as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Lease and will not be used in the interpretation of any provision of this Lease. c� XXXIII. MUTUAL REVIEW: This Lease has been carefully reviewed by Lessor and Lessee; therefore, this Lease is not to be construed against either party on the basis of authorship. XXXIV. PUBLIC ACCESS: The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease; and the Lessee shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessor. Lease 4681 Overseas Hwy 7 Marathon,FL 33050-2322 Packet Pg. 58 C.1.d XXXV. COVENANT OF NO INTEREST: Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. XXXVI. COOPERATION: In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Lease, Lessor and Lessee agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this Lease. Lessor and Lessee specifically agree that no parry to this Lease shall be required to enter into any arbitration proceedings related to this Lease. XXXV11. BINDING EFFECT: U) The terms, covenants, conditions, and provisions of this Lease shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. XXXV111. AUTHORITY: c2 Each parry represents and warrants to the other that the execution, delivery and performance of this Lease have been duly authorized by all necessary County and corporate action, as required by law. XXXIX. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by 0 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 parry shall have the right to seek such relief or remedy as may be provided by this Lease or by Florida law. CN cN XL. CODE OF ETHICS: i Lessee agrees that officers and employees of the Lessee recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. XLI. SEVERABILITY: If any term, covenant, condition, or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Lease, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Lease shall be valid and shall be enforceable to the fullest extent permitted by law unless the Lease 4681 Overseas Hwy 8 Marathon,FL 33050-2322 Packet Pg. 59 C.1.d enforcement of the remaining terms, covenants, conditions, and provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The Lessor and Lessee agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XLII. ENTIRE AGUEMENT: This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. XXLIll. _DEFINITION OF TERMS: (1) The terms "lease". "lease agreement", or "agreement" shall be inclusive of each other and shall also include any renewals,extensions or modifications of this Lease. U) (2) The term "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (3) The singular shall include the plural and the plural shall include the singular whenever the � context so requires or permits. 2 VIM ADDITIONAL CONDITIONS: No additional covenants or conditions form a part of this Lease. IN WITNESS WHEREOF', the parties hereto have hereunto executed this instrument for the � purpose herein expressed,the day and year first above written. E 0 0 Signed, Sealed and Delivered I_,ESSOR: WHARF MARINA. INC. c14 4nt prssce o 11 c�IeSS Print:Name / a /6 4)o Print Name Date. -� LI B t``} Date: '_ �)_o�Z< Cb r Q— C wttn'Ss Print Name Date: Q D Lease 4681 Overseas Hwy 9 Marathon.FL 33050-2322 Packet Pg. 60 C.1.d e t (SEAL) LESSEE: ATTEST: KEVIN MADOK,CLERK BOARD OF CO TYCOMMISSIONERS OF MONROE C T LORIDA By: \(a -r Ya By: As Deputy Clerk a r D U) MONFIOE couNw Awosiwys OFFICE 0^5 TO PATRICIA EAELES E A39tSTAN��'l�s � 1f DATE: 2 _ - E 0 0 �9 CN CN CD E I z r m L7 M r- > N 7,0 Lease 4691 Overseas Hwy 10 Marathon,FL 33050-2322 Packet Pg. 61 CHAPLIN REAL ESTATE TEL:305-743-3194 May 29 98 7:02 No.001 P.01 PHILLIPS & TRICE SURVEYING, INC. IA(,M rotor% F•i Proln0onal Land Surveyors „y".,,.•„. 1204 Simonton Street )of M I Ru l.r i s Key West.Florida))040 (305)294.4747 U.S. I•11 G 1-!WAY O --0 uES --------- sao'RJ�r MI ON � 122.01 0 t. m n � {{ U) f ` m r s a ►•1 0>M n LIS fb h a OWE araRY G►46 11 Q N dl 7 8 N rr m c a e \R�ram► A 6 � Fence. ; CN CN I SPECIFIC PURPOSE SURVEY TO CREATE A NEW PARCEL; A 122 foot strip of land in a part of Government Late I and 2, Section 107 Township 66 South, Range 32 011 East, being on Key Vaea, Monroe County, Florida, and being more particularly described by metes and bounds as followss BEGIN at the intersection of the Northwest corner of "MARAMEADE SUBDIVISION" as recorded in Plat Book 2, Page 185 of the Public Records Of Monroe County, Florida, and the Southeasterly right of way line of U.S. Highway No. 1, thence South 741 20' Hest along the Southeasterly right of way line of V.S. Highway No. 1, 122 feet to a point; c1 thence South 15. 40' East, 200 feet to a points thence North 74. 20' East, 122 feet to a points thence North 15. 401 west, 200 feet hark to the Point of < Beginning. SURVEY FORS ISLAND MARINA, INC. I HEREBY CERTIFY that the Specific Purpose Survey delineated hereon meets or exceeds the minimum technical standards as set forth by the Florida Board of Land Surveyors, pursuant to Section 472.021 of the Florida Statutes, and that there are no encroachments, above ground, other than those shown hereon. 71I15.511RCFVNwar PIIILLIPS 6 TRICE SURVEYING, INC. VA1.111 11NIN'"@AINfNICI:II t�'i'1'll A RAI5I{11 CI:AI. ' April 17, 1987 Key West, Florida os ce Pt: ssional Surveyor- Pin da Reg. Cert. 12110 "Exhibit A" Packet Pg. 6