Item C25BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2008 Division: Housing & Community Development
Bulk Item: Yes X No _ Department: Housing & Community Development
Staff Contact Person: Reggie Paros/289-6002
AGENDA ITEM WORDING:
Approval of Second Amendment to Ground Lease Agreement between Monroe County and Sea Grape
Apartments, LTD.
ITEM BACKGROUND: At their August 15, 2007 meeting, the Board accepted the Sea Grape
Apartments -Phase I site in Marathon from the Monroe County Land Authority and approved a 99-year
Ground Lease. South Florida Water Management District is requiring the County to be a co -applicant
and a co-permittee for an environmental resources permit. This lease amendment delegates and makes
the Lessee responsible for all permit applications and submissions and the Lessee agrees to indemnify
the County for any adverse consequences resulting from applications or the activities under any
permits.
PREVIOUS RELEVANT BOCC ACTION: On August 15, 2007, the Board accepted the Sea
Grape Apartments -Phase I site in Marathon from the Monroe County Land Authority and approved a
99-year Ground Lease. On February 20, 2008, Board approved First Amendment to lease, to extend
the deadline to commence construction of project.
CONTRACT/AGREEMENT CHANGES: The attached amendment delegates and makes the
Lessee responsible for all permit applications and submissions and the Lessee agrees to indemnify the
County for any adverse consequences resulting from applications or the activities under any permits.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION:
DISPOSITION:
Revised 8/06
Included X Not Required
AGENDA ITEM #
SECOND AMENDMENT TO GROUND LEASE AGREEMENT
(Sea Grape Apartments Phase I)
THIS SECOND AMENDMENT (hereinafter "Amendment 2") to the Ground Lease
Agreement (hereinafter "Lease") is made and entered into in Key West, Monroe County,
Florida, on this day of , 20o8, by and between MONROE
COUNTY (hereinafter "Lessor") and SEA GRAPE APARTMENTS, LTD., a Florida
limited partnership (hereinafter "Lessee").
RECITALS
WHEREAS, the parties entered into the Lease dated September 28, 2007 and
recorded in Official Records Book 2323 at Page 795; and
WHEREAS, the purpose of the lease is to allow Lessee to construct and manage 56
units of affordable rental housing known as Sea Grape Apartments Phase I; and
WHEREAS, Lessee has not received the development approvals necessary to
commence construction, including but not limited to those required from environmental
agencies such as South Florida Water Management District and Army Corps of Engineers;
and
WHEREAS, Lessee is willing to take all responsibility for applications for
development necessary to proceed with construction of the affordable housing;
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Section 9.04 of the Lease is added as follows:
Lessee shall make all applications for building and environmental permits and
permits of any other type and nature required for the Project. Lessor designates
Lessee to make such applications on its behalf and will cooperate in the execution of
any documents necessary to complete the applications. Lessee shall be solely
responsible for the content and accuracy of all such applications and shall hold
harmless and indemnify Lessor for any errors, statements, and representations
made in any such applications. Lessee shall indemnify and hold harmless Lessor for
all activities performed or not performed by Lessee, for any of its acts or omissions
and those of its contractors, agents, employees and servants as required by any
permitting agency. Lessee shall abide by any permit requirements, conditions,
encumbrances or restrictions of any kind on the real property which is the subject of
this Lease. The conditions of any permit shall be required in any contract between
Lessee and its contractors and sub- contractors. Direct costs associated with permits
including fees, fines, mitigation and penalties shall be the obligation of the Lessee.
Page i of 2
2. The remaining terms of the Lease, not inconsistent herewith, shall remain in full force
and effect.
IN WITNESS WHEREOF, the Lessor and the Lessee have hereunto set their hands
and seals, as of the day and year above written.
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Signed, Sealed and Delivered
in the presence of two witnesses:
Printed Name
Printed Name
(as to Lessee)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
LESSOR: MONROE COUNTY
am
Mayor
LESSEE:
SEA GRAPE APARTMENTS, LTD.
By:
Lloyd J. Boggio, President
For TCG SEA GRAPE, LLC, General
Partner
The foregoing instrument was acknowledged before me this day of ,
2008, by Lloyd J. Boggio, as President of and for TCG Sea Grape, LLC, a Florida limited liability company, the
general partner of Sea Grape Apartments, Ltd., a Florida limited partnership, on behalf of both entities, who is
[ ] personally known to me, or who [ ] has produced a drivers license as
identification.
Notary Public
Print Name:
My Commission expires:
Seal
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