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Item H3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 16, 2009 Division: Growth Management Bulk Item: Yes 1L- No - Department: Staff Contact PersonlPhone #: Susan Grimsley Ext. 2517 AGENDA ITEM WORDING: Approval of Commencement Date Agreement as part of lease between Monroe County and Habitat for Humanity of the Middle Keys Community Land Trust, Inc. for property on Bonita Drive in Marathon. ITEM BACKGROUND: Monroe County and Habitat for Humanity of the Middle Keys Community Land Trust, Inc entered into a 99-year lease dated March 18, 2009 to construct one affordable housing dwelling unit on this property. This Agreement establishes the commencement date ofthe 99-year lease term. PREVIOUS RELEVANT BOCC ACTION: April 18, 2007 BOCC approved resolution 151-2007 accepting title from Monroe County Land Authority August 20, 2008 BOCC approved Habitat for Humanity of the Middle Keys as an approved Housing Development Service provider. March 18, 2009 BOCC approved 99 year lease with Habitat for Humanity of the Middle Keys Community Land Trust, Inc for this property. CONTRACT/AGREE.MENT CHANGES: nla STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes - No XX COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No-X. AMOUNT PER MONTH - Year - APPROVED BY: County Atty lL OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 COMMffiNCEMENTDATEAGREEMENT This Agreement is made as of , 2009 by and between MONROE COUNTY, a political subdivision of the State of Florida ("Lessor") and Habitat for Humanity of the Middle Keys Community Land Trust, Inc. ("Initial Lessee"). WHEREAS, Landlord and initial Lessee have entered into a Lease dated March 18, 2009 and recorded on April 15, 2009 at Official Records Book 2408 at Page 1332, for the premises designated on Exhibit A attached to the Lease; WHEREAS, the Commencement Date, as defined in Article II of the Lease, has occurred; and pursuant to the Lease, Landlord and Initial Lessee desire to confirm various dates relating to the Lease. NOW THEREFORE, Landlord and Initial Lessee agree and acknowledge that the information set forth below is true and accurate. Commencement Date: August 13, 2009 Initial Term Expiration Date: August 12,2108 EXECUTED as a sealed instrument on the date first set forth above. ATTEST: (Seal) LESSOR: DANNY L. KOLHAGE, Clerk of the Court MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Deputy Clerk George Neugent, Mayor INITIAL LESSEE: HABITAT OF HUMANITY OF THE MrrDDLEKEYSCO~TY Witness: LAND TRUST, INe. (1) By: Bruce Ferraro, President (2) STATE OF FLORIDA COUNTY OF MONROE On this day of , 2009 before me personally appeared ,as of Habitat of Humanity of the Middle Keys Community Land Trust, Inc., who is personally known to me, and who acknowledged execution of the foregoing instrument. My Commission Expires Notary Public (Seal) Print Name , , ;