4th Amendment 05/17/2023 Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: May 17, 2023
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. lianc( C.
SUBJECT: May 17" BOCC Meeting
Attached is an electronic copy ol'each ol'the following items for your handling:
C1 I" Amendment to 1,case Agreement "idi Wharf Marina SMI, U.C, to reflect the
sale of'(tic building Milcli houses the Public Defender's Marathon () lice. NNIiarl'Marina, Inc. sold
(lie building to NN'liarl'smi, U,C on Jul), 13, 2022. I'lus Amendment seeks approval to
acknowledge the sale of'flic real property and consent of'Mliarl'Mariiia SMI, U,C to take
possession of(lie property; aniend (lie name and address of'the Lessor for rental payments and
notices; and update address for Lessee for :notices in Ar6cle XIX of'the Ixase Agreement.
I T5 1"Amendment For a two (2) year Commercial lease renewal and annual rental
increase Witli Key Vaca Center, U,C, for die Supervisor of lections office at the 100di Street
Center building in Marathon. Tlie new lease teen commences on June 1, 2023, and (criiiiiia(es on
May 31, 2025, at a total monthly rental fee of'&1,872.90/iiiondi I'Or die upcoming year, and
$5,03 1.44/niondi for (lie second year isbicli includes a 3.25% CPI-1 T increase for die base rent and
its share of'dic monthly CAM costs Widi both leaving been increased by 3.25%, rather than under
(lie leans ol'tlie Lease. Supervisor of lections funding pays (Iris lease.
Should you have any(Iticsfions please feel Ercc to contact nie at (305) 292-355)0.
cc: Count), 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
FOURTH AMENDMENT TO COMMERC"'IAL LEASE
This FOURTH AMENDMENT TO COMMERCIAL LEASE is made and entered into
this 17ih day of May, 2023, by and between KEY VACA CENTER, LLC, a Florida Limited
Liability Company, whose principal address is 17013 Coral Dti4e, Sugarloaf Key, Florida 33042.
Lessor's address for purposes of any notice to be sent from Lessee to Lessor and for rental
payments is as follows: Key Vaca Center, LLC, c,lo Mark A. Pollaci, 17013 Coral Drive,
Sugarloaf Key, Florida., 33042, 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 0100 Simonton Street, Key West, Florida 33040,
hereinafter referred to as "LESSEE".
WHEREAS, the Lessor and Lessee entered into a Commercial Lease dated May 21, 2014,
("Lease"), for o0ce space located at Unit A and Unit B, 100th Street Center, commonly known as
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises
being occupied by the Monroe County Supervisor of Elections ("Premises")-,and
WHEREAS,the initial term of the Lease was fora term of five (5) years beginning on
June 1, 2014, and expiring on May 31, 2019; and
WHEREAS, the Lease provided that Lessee shall have the option to extend the term for
five (5) additional one (1) year renewal terms upon expiration of the initial term, subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease; and
WHEREAS, Lessee provided proper notice to Lessor that it desired to extend the term of
the Lease at the expiration of the initial term, and Lessor offered to renew the lease for a two (2)
or three (3) year term rather than the original one (1) year renewal term as provided in the Lease;
and
WHEREAS, Lessor and Lessee entered into a First Amendment to Commercial Lease on
April 17, 2019, in which Lessee accepted the offer of Lessor to renew the term of the Lease for an
additional two (2) years with the term to begin on June I, 2019, and terminate on May 31, 2021,
with the annual base rent increase pursuant to the Lease terms; and
WHEREAS, the initial Landlord, Oxford Business III Corporation, thereafter, sold the real
property, which is the subject of the herein leased Premises, to Key Vaca Center LLC, on or about
January 14, 2020, and proper notice was provided to Lessee; and
WHEREAS,the parties entered into a Second Amendment to Commercial Lease on June
17, 2020, in which the Lease was amended to reflect Key Vaca Center, LLC, as the Lessor and
current owner of the property, and to correct the address for Key Vaca Center, LLC for any
notices and future rental payments; and
WHEREAS, Lessee provided proper notice to Lessor that it desired to again extend the
term of the Lease which expired on May 31, 2021, and Lessor offered to renew the lease for
another two (2) year term rather than the one (1) year renewal term as provided in the original
Lease, which Lessee accepted; and
I
WHEREAS, the parties entered into a Third Amendment to Commercial Lease on May 19,
2021, which extended the term for an additional two (2) years, with the term to commence on June 1,
2021, and expire on May 31, 2023,with the rental amount adjusted by a 3.2551c, increase commencing
June 1,2021,and increased the annual CAM costs by its pro rata share.
WHEREAS, Lessor is entitled to an increase of the base rent by the ,greater of an annual
C.P.I.U. adjustment, or by 3.25% on the anniversary date,with an annual cap on C,P,1.l1,of five
percent(5'70)as allowed under the Lease; and
WHEREAS, Lessor is also entitled to an increase in Lessee's pro rata share of the annual
costs for fire, flood, and windstorm insurance, real property taxes, waste collection fees., common
utilities, and annual costs to keep and maintain in good repair the building exterior, landscaping
lighting, sidewalks, driveways, curbs, and sign ("CAM Costs"); and
WHEREAS, Lessor provided notice to Lessee that it would extend the term of the Lease for
an additional two(2)years;and
WHEREAS, Lessee accepts the offer of Lessor to renew for an additional two (2) year term
based on the base rent and annual CAM costs both being adjusted by 3.25% for each year; and
WHEREAS, Lessor and Lessee also desire to update Paragraph 31 of the Lease as to the
addresses for both parties and amend Paragraph 39 of the Lease as to the Nondiscrimination
provisions; and
WHEREAS, the parties find it mutually beneficial to amend the Lease as to the lease term,
monthly base rent, CAM costs,and update addresses and the Nondiscrimination paragraph;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein, the parties agree as follows:
1. The initial five (5)year term under this Lease initiated on June 1, 2014,and terminated
on May 31, 2019, as set forth in the WITNESSETH Paragraph of the Lease. Paragraph 43 of the
original Lease provides that Lessee shall have an option to extend the term for five (5) additional
one (1) year terms subject to proper notice from Lessee to Lessor.
2. At the expiration of the initial tern, after proper notice and negotiations by Lessor
and Lessee, the Lease term was extended for an additional two (2) years as approved in the First
Amendment to Commercial Lease dated April 17, 2019, with the renewal term to commence on
June 1, 2019, and expire on May 31, 2021.
3. On June 17, 2020, the parties entered into a Second Amendment to
the Commercial Lease to reflect the new owner of the Premises and to correct
the Lessor's address.
4. Lessor and Lessee thereafter entered into a Third Amendment to Commercial Lease
on May 19, 2021,which extended the term of the lease from June 1, 2021,to its current termination date
on May 31,2023,under the same terms and conditions of the original Lease,unless terminated earlier,
with an increase in the basic rent and CAM costs.
2
5. Lessor had offered to renew and extend the Lease for two (2) more years, and Lessee
has accepted that offer to renew and extend the Lease for an additional two(2)year term.
6. The term of the renewal for this Lease shall be for two (2) more years commencing on
June 1, 2023, and terminating on May 31, 2025, under the same terms and conditions of the
original Lease unless amended herein or terminated earlier under another paragraph ofthis Lease,
7. Pursuant to Paragraph I of the Lease, the base rent shall be subject to an annual
adjustment increase of the greater of a) C.P.I. U. for the 12-month period ending on December 31st
of the previous year or b) 3.2501+0 on each successive anniversary date. The annual cap on C.P.I.U.
shall be five percent (5%). Lessor has offered, however, to increase both the base rent and the annual
cost (CAM)by 3.25*,,o for the upcoming renewal period of two (2) years and Lessee has accepted that
offer.
8. Commencing on June I, 2023, and through May 31, 2024, for use of the Premises,
the Lessee shall pay the Lessor a base rent, which has been increased by 3.25°,'o pursuant to the
Lessor's offer, in the total monthly amount of Three Thousand F o u r Hundred S i x and 07/100
($3,406.07) Dollars. Commencing on June 1, 2024, through May 31, 2025, for use of the Premises,
the Lessee shall pay the Lessor a base rent, which has be increased by 3.25?,In pursuant to Lessor's
offer, in the total monthly amount of Three Thousand Five Hundred Sixteen and 77/100 ($3,516.77)
Dollars. Each monthly rental payment shall be payable to Lessor in arrears upon receipt of a proper
invoice pursuant to the Florida Prompt Payment Act,Florida Statutes, Section 218.70.
9. Lessee shall also pay in addition to the monthly base rent, its pro rata share of the
annual costs (CAM) pursuant to Paragraph 2 of the Lease, which is subject to adjustment during
the term of the Lease. Lessor has offered, however, to increase the CAM costs by 3.25% for each
year of the upcoming two (2) year renewal tern rather than base Lessee's share on the actual annual
costs and Lessee has accepted that offer for this two (2) year renewal period. Commencing on June
1, 2023, through May 31, 2024, Lessee shall pay CAM Costs in the total monthly
amount of One Thousand Four Hundred Sixty-six and 83/100 ($1,466.83) Dollars.
Commencing on June 1, 2024, through May 31, 2025, Lessee shall pay CAM Costs in the total
monthly amount of One Thousand Five Hundred Fourteen and 67/100($1,514.67)
10. Commencing on June 1, 2023, and continuing through May 31,2024, Lessee shall
pay a total monthly rental amount of Four Thousand Eight Hundred Seventy-two and 90/100
($4,872.90) Dollars, for the base rent and its share of the monthly CAM Costs with both having
been increased by 3.25°0, rather than under the terms of the Lease. Commencing on June 1, 2024, and
continuing through May 31, 2025, Lessee shall pay a total monthly rental amount of Five Thousand
Thirty-one and 441100($5,031.44) Dollars, for the base rent and its share of the monthly CAM costs with
both having been increased by 3.25°o,rather than under the terms of the Lease.
11. Lessor's principal address is 17013 Coral Drive, Sugarloaf Key, Florida 33042, as
reflected in the opening paragraph herein. Lessor's address for purposes of any notice to be sent from
Lessee to Lessor pursuant to Paragraph 31 of the Lease has changed and said paragraph is amended to
reflect the new Lessor address as follows: Key Vaca Center, LLC, c/b/a Mark A. Pollaci, 17013
Coral Drive, Sugarloaf Key, Florida 33042. All future rental payments to be mailed shall also be sent
to Lessor at this same address.
3
12. Lessee's address for purposes of any notice to be sent from Lessor to Lessee pursuant
to Paragraph 31 of the Lease has changed and said paragraph is amended to reflect the new Lessee
address as follows: Facilities Maintenance Department, Attention: Contract Monitor, I23 Overseas
Hwy. — Rockland Key, Key West, Florida 33040. For any notices provided to Lessee pursuant to
Paragraph 31, a copy shall also be provided to the Monroe County Attorney's Office, at I I 1112a'
Street, Suite 408,Key West, Florida 33040.
13. Paragraph 39 of the Lease, as amended, with regard to non-discrimination shall be
amended in its entirety and replaced by the following paragraph:
39. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.
The CONSULTANT and the 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. The CONSULTANT
and COUNTY 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 §§ 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 §794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
§§ 6I01-6107), 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, §§ 523 and 527
(42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC §§ 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 §§ 12101, Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10)
Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 1 l) Any
other nondiscrimination provisions in any federal or state statutes which may
apply to the parties to,or the subject matter of,this Agreement.
14. All ofthe remaining terms and conditions ofthe Commercial Lease dated May 21,
2014, as amended on April 17, 2019, June 17, 2020, and May 19, 2021, not inconsistent
herewith, shall remain in full force and etYect.
4
N WITNESS WHEREOF, cash party has caused this Agrecrnent to be, exccu kcd by its
duly authori are �n r.�r u ;,pro, � d 1r first above written.
,aCanv*dm#QG971M
May2n2,20W KEY VACA CENTER, LLCR
ST: Wv Tfty Fab kaftm 80WAIMMI LESSOR
BY'- .._..... . __........_.. ..... ......_
Printed N e Printed Name.
Title: - Title:: �mt �IOU
1 23
BOARDCOUNTY COMMISSIONERS
FMONR�/^^y`�lY�� CO pp���yyygqyy��yy
V l., 6...4.7 a A�L+4...7X41N.,./.'.
® CC
e
m
m
.... mat urt rt i .w...r .
son
As Deputy Clerk
m MONME COUNTY
ATTORNEY'S OFFICE
iiii'l TO
ASOTANT COUNTY ATTORNEY
rr��r�oz3
r
:U