09th Amendment 05/17/2023 Kevin Man'0-kv, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: May 19, 2023
TO: Patricia Eales, Assistant County Attorney
County Attorney's Office
ATTN: Abra Campo
Contract Administrator
FROM: Pamela G. Hanco6'
SUBJECT: May 17 1h BOCCM&-Ptincr
....t,
Attaclied is aii electronic copy of the following iteni ['or your liandling:
Q3 9t1i Amendment to the Proplaza, 11,C, I&ase Agreement extending the lease terni
for the County Attonicy's ollice space 1'()r direc (3) years to August 31, 2026, and providing for a
3% annual rent ad'juslincii(. 11c annual rental mnount will be $247,566.92 c1lectivc September 1,
2023.
Sliould you liavc miN,questions please feel 1'rcc lo contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 3300 Marathon, Florida 3300 Plantation Key, Florida 33070
NINTH AMENDMENT TO LEASE AGREEMENT
71(,7th THIS NINTH AMENDMENT (hereafter "Amendment") is made and entered into this
�t day of Apt
�L , 2023, by and between Monroe County, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter"COUNTY"or
"LESSEE"), and Proplaza, LLC, a Florida Limited Liability Corporation, whose address is 18
Allamanda Terrace, Key West, FL 33040 (hereinafter"OWNER"or"LESSOR").
WHEREAS, on July 18, 2007, the parties entered into a Lease Agreement for office space
situated at 1111 121h Street, Suite 408, Key West, Florida 33040, expiring August 31, 2011; and
WHEREAS, on April 20, 2011, the parties agreed to extend the Lease for a one-year term
expiring August 31, 2012; and
WHEREAS, on April 18, 2012, the parties agreed to extend the Lease for a one-year term
expiring August 31, 2013; and
WHEREAS, on May 15, 2013, the parties agreed to extend the Lease for a one-year term
expiring August 31,2014; and
WHEREAS, on June 11, 2014, the parties agreed to extend the Lease for a one-year term
expiring August 31, 2015; and
WHEREAS, on August 20, 2014, the Lease was amended to reflect the change in the
underlying ownership of the leased property from 12'h Street, LTD. to Proplaza, LLC; and
WHEREAS, the Lease dated July 18, 2007, provided that the Lease Agreement may be
extended in one-year intervals; and
WHEREAS, on July 15, 2015, the Lease was amended to extend the Lease for a three (3)
year term commencing September 1, 2015, and terminating on August 31, 2018, in exchange for
setting the annual rental increase at a fixed three percent (3%), and the Notice provision was also
amended to reflect a new address for LESSOR; and
WHEREAS, in June 2018, LESSEE offered, and LESSOR agreed, to renew the lease for a
five (5) year term in exchange for maintaining the annual rental increase at a fixed three percent
(3%); and
WHEREAS,on June 20, 2018, the Lease was amended to reflect the new five (5)year term
commencing September 1, 2018, and terminating on August 31, 2023, and setting the annual rental
increase at a fixed three percent (3%); and
WHEREAS, on October 16, 2019, the Lease was amended in the Eighth Amendment to
increase the square footage of the Property leased from LESSOR by LESSEE to include Suite 410,
of the Key West Professional Building, 1111 121h Street, Key West, Florida 33040, which provides
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an additional 1,240 square feet, and is adjacent to LESSEE's current leased space at Suite 408 in
said building. The Eighth Amendment also increased the rental rate and extended the term to
terminate on August 31, 2023; and
WHEREAS, LESSOR and LESSEE have now agreed to extend the term of the Lease for
an additional three (3) years at an annual rental increase of a fixed three percent(3%) rate;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and consideration
contained herein, the parties agree as follows:
Section 1. Paragraph 2 of the original Lease Agreement, as amended, is amended to read:
1. TERM. The term of the Renewal shall be for three (3) years commencing on
September 1, 2023, for Suite 408 and Suite 410, with both terminating on August 31,
2026, unless terminated earlier under another paragraph of the Lease Agreement.
Section 2. Paragraph 4A. and 4B. of the original Lease Agreement, as amended, are amended
to read:
4. RENT.
A. Commencing on September 1, 2023, for use of the Premises the LESSEE must pay
LESSOR the sum of$247,566.92 per year, which includes the annual 3% increase, due in
monthly installments payable in arrears upon receipt of a proper invoice pursuant to the
Florida Payment Act, Section 218.70,et seq., Florida Statutes. Rent Payments should be sent
to:
Proplaza, LLC
18 Allamanda Terrace
Key West, Florida 33040-6203
B. On the 1" day of September, 2023, and annually thereafter, there shall be an
adjustment to the base rent which shall be derived by taking the preceding year's rent and
increasing the same by three percent (3%).
Except as set forth in Sections one and two of this Ninth Amendment to Lease Agreement, in all other
respects, the original Lease Agreement dated July 18, 2007, and as amended on April 20,2011, April
18, 2012, May 15, 2013, June 11, 2014, August 20, 2014,July 15, 2015,June 20, 2018, and October
16, 2019, not inconsistent herewith, shall remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNTURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, each party has caused this it Amendment to be executed
authorized representative.
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BOARD OF COUNTY COMMISSIONERS
VIN MADOK, CLERK OF MONROE NTY, FLORIDA
By: By:
As Deputy Clerk Mayor
to MAL12,2_023
(CORPORATE SEAL)
ATTEST: PROPLAZA, LLC
Florida Limited Liability Company
By: By:
Witness Dr. Robin Lockwood, Manager
C=
F
Date
'T1
Ul -:33
MONROE COUNTY ATTORNEY'S OFFICE
PPrED^ST[
PA IC
ASWTA?f,j?3r3 ATTORNEY
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