1st Amendment 05/17/2023 rUr
COURr
Kevin Madok, CPA
ty Clerk of the Circuit Court& Comptroller Monroe Coun , Florida
DATE: May 17, 2023
TO: Alice Stcryou
Contract Moinfor
FROM: P'micla G. 11wic(k,*C.
SUBJECT: May 17"' 130CC MeetJng
Attached is ari electronic copy of'cacli ot'die following itenis For your handling:
C1 l" Amendnient to base Agreement willi NN'liarl'Manina SMI, 1,1,C, to reflect the
sale of the building whicli houses the Public Dcl'Cridcr's Maradion 01fice. NN'liari'Marils, Inc. sold
the building to NN'liart'SMI, 1,1,C onjuly 13, 2022. Tlils Amendment seeks approval to
acknowledge the sale ot'die real property and consent ol'NN'liai-I'Marina SMI, 1,1,C to take
possession ol'tlie property; amend the mine and address ol'tlic Lessor For rental payments and
notices; and update address for I&ssee for Notices in Article XIX of the 1eascAgrCciriclit.
I T5 I.`.10iiendinent for a two (2) year Commercial Lease renewal and annual rental
increase `vide Key Vaca Center, 1,1,C, for d ic Supervisor ol'Elections office at d ic I 00d i Street
Center building in Maratlion. ` 'lie new lease term commences oil, IIc 1, 2023, and terminates on
May 31, 2025, at a total monthly rental Ice of$1,872.90/niontli for the upcoming year, wid
$5,03 1.1 t/moi it]i for die second year wl i1cl i includes a 3.25)% CPl_j T increase for die base rent and
its share ol'tlic monthly CAM costs widi both leaving been increased by 3.25%, radier than under
the leans oFflic Lase. Supervisor of'Elections Binding pays this lease.
Sliould you have ally questions please feel free to contact ine 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
DocuSign Envelope ID:78887195-3CA5-41 F8-A7AC-499606791319C
FIRST AMENDMENT TO LEASE AGREEMENT
17th THIS FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this
4 th day of ApfR, 2023, by and between WHARF MARINA SMI, LLC, a Foreign Limited
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,
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
WHEREAS, Wharf Marina, Inc. sold the real property, which is the subject of the herein
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
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:
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
1
DocuSign Envelope ID:78887195-3CA5-41 F8-A7AC-499606791319C
Road, Suite 220A, Dallas, Texas 75252, and thereby the current owner and Lessor
of this property as of July 13, 2022.
2. The second paragraph of Article II, RENTALS, of the Original Agreement, is
amended to read as follows:
It RENTALS:
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
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:
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 SMI, LLC, 17330 Preston Road, Suite 220A,
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
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
paragraph. Notice is deemed received by Contractor 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.
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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
2
DocuSign Envelope ID:78887195-3CA5-41F8-A7AC-49960679B19C
IN WITNESS WHEREOF, each party 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.
Signed, Sealed and Delivered LESSOR: WHARF MARINA SMI, LLC
in the presence of.
(—DOCUS%qned by:
By:_ V'� 3"'.
Witness �—DCCBC20C4AA34C8
Title: Chief Financial Officer
Print Name Thomas_N.�Ti Tipton,
Print Name
ate: Date: 04-06-2023
`Ti
Witness
C nl
-
:<
Print Name
23
LESSEE: BOARD OF COUNTY
COMMISSIONERS OF
A KEVI N MADOK, CLERK MONROE CO 'Y, FLORIDA
4
By: By:_._.___ .....................
................
As Deputy Clerk Mayor/Chairperson
Date:
~0011 COUNTY ATTORNEY'S OFFICE
PATRICIA EABLES
ASMIrmyf,
DATE: —ntT—Sj=