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3rd Amendment 08/17/2022 GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 8, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissv Collins Executive Administrator Alice Stervou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: August 17th BOCC Meeting The following items have been executed and added to the record: C4 1st Arnendrnent to the Shopping Center Lease with UH US Big Pine Key 2019, LLC, as landlord, to change the notice address for the landlord's property management office. This lease is for the District 2 County Commissioner's office at Unit B-2 at the Big Pine Key Shopping Center. C5 3rd Arnendrnent to Commercial Lease Agreement for a new notice address for lessor, UH US Big Pine 2019, LLC, for operation of the Monroe County Library at the Big Pine Key Shopping Center. Funding is Ad Valorem. Should you have any questions please feel free to contact me 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 THIRD AMENDMENT TO COMMERCIAL LEASE AGREEMENT l 7th AugustThis Third Amendment to Commercial Lease Agreement is made and entered into on the 20th day of July, 2022, by and between UH US Big Pine Key 2019, LLC, a Delaware limited liability company, (hereinafter "Lessor") and Monroe County Board of County Commissioners, a political subdivision of the State of Florida, (hereinafter"Lessee" or"BOCC") for operation of the Monroe County Public Library. WHEREAS, on the 16th day of March, 2011, the parties entered into a Commercial Lease Agreement ("Original Agreement") for operation of a Monroe County Public Library at the Big Pine Shopping Center; and WHEREAS, the term of the Original Agreement ended on February 29, 2016; and WHEREAS, on March 23, 2016, the parties entered into Commercial Lease Renewal Amendment #1 and agreed to renew the term of the Original Agreement an additional five (5) years with the new term to expire on February 28, 2021; and WHEREAS, on January 20, 2021, the BOCC approved a Renewal Amendment #2 and agreed to renew the lease for an additional five (5) year term under the same terms and conditions as the Original Agreement with the new term to expire on February 28, 2026; and WHEREAS, the leasehold premises had also been sold by Big Pine Key, 2013 LLC, and the Renewal Amendment#2 revised the Lessor's name to reflect UH US Big Pine Key 2019, LLC, as the new owner; and WHEREAS,Lessee has now received a Notice from the Lessor of an address change for the Lessor's property management office for purposes of giving proper notice under the Lease and the parties now desire to revise the Original Agreement, as amended, as to the notice provision; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 27, Notices, of the Original Agreement, as amended, is hereby amended to read as follows: 27. Notices -Any notice or other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: UH US Big Pine 2019, LLC c/o MCB Real Estate, LLC 2002 Clipper Park Road, Suite 105 Baltimore, MD 21211 1 With a copy to: PSD Realty Associates Attn: Bertie Russo 2655 N. Ocean Dr. Suite 401 Singer Island, FL 33404 For Lessee: Facilities Contract Monitor 123 Overseas Highway, Rockland Key Key West, FL 33040 And Monroe County Attorney's Office 1111 12th St., Suite 408 Key West, FL 33040 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. 2. Except as set forth in Paragraph one of this Third Amendment to Commercial Lease Agreement, in all other respects,the terms and conditions of the Original Agreement dated March 16, 2011, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 2 IN WITNESS WHEREOF, each party has caused this Third Amendment to be executed by its duly authorized representative. a,E�'7 ii% �" LESSEE: f ✓� a �.: BOARD OF COUNTY COMMISSIONERS y • 0, : , IN MADOK, CLERK :MO0TA .01 yb9 "4.4e.., putt'Clerk Mayor Davi ce Date: 0.111 I Vas LESSOR: MONROE COUNTYATTORNEY'S OFFICE UH US Big Pine 2019, LLC ��vEo.e. TO M A Delaware Limited Liability Company EABLES assisTwvTi/ +1022°RNEY DATE: 711.4 -:°...By: 41 EJ e, Robert T. Schmitt o >= Manager r .� t � v E: Date:7/8/22 _ I ci.i cd.) -=� s STATE OF: New Jersey COUNTY OF: Morris Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or LE online notarization, on 7/8/2022 (date) by a b T. m' cc''i (name of affiant). He/She is personally known to me or has produced Personally Known (type of identification)as identification. Carol,'A1u -ray NOTARY PUBLIC (SEAL) My Commission Expires: 05/14/2026 �(;01=� J�V,"�' p,c,(� Caroline L.Murray 11 Notary Public of New Jersey j VCommission#50160821 My Commission Expires 05/14/2026 3 UNITHAM-01 MSULLIVAN ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT8/5/2 D/YYYY) 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Alliant Insurance Services,Inc. PHONE FAX 1050 Wilshire Dr Ste 210 (A/C,No,Ext): (248) 540-3131 (A/C,No):(248)203-7528 Troy, MI 48084 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA:Starr Indemnity& Liability Company 38318 INSURED INSURER B:Chubb Insurance Company of New Jersey 41386 United Hampshire US Real Estate Investment Trust INSURERC:Liberty Insurance Underwriters Inc 19917 22 Maple Avenue INSURER D: Morristown,NJ 07960 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE j OCCUR 1000305383211 12/31/2021 12/31/2022 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ MED EXP An one person) $ 5,000 APPROVED BY RISKMhN MANAGEMENT 2,000,000 ,r✓.„ PERSONAL&ADV INJURY $ By /�yy/�`�r��y` - 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: OATLL� GENERAL AGGREGATE $ POLICY PRO � LOC WAVBRMA__YEs_ PRODUCTS-COMP/OPAGG $ 4,000,000 JECT OTHER: POLICY AGGREGAT $ 50,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,000 EXCESS LIAB CLAIMS-MADE 78195511 12/31/2021 12/31/2022 AGGREGATE $ 25,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Excess Commercial Li 100038952803 12/31/2021 12/31/2022 $25MM xs$25MM 25,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Location:251 Key Deer Blvd,Big Pine Key,FL 33043 Named Insured:UH US Big Pine 2019 LLC CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT Policy Number: 1000305383211 Effective Date: 12/31/2021 at 12.01 A.M. Named Insured: United Hampshire US Real Estate Investment Trust This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include as an additional insured: Any person or organization to whom you become obligated to include as en additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: • The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. All other terms, exclusions, and conditions of this policy remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY ? `�-------------- t 'W d ✓ ' Steve Blakey, IPr sident � Neilherniah B. Ginsburg, General Counsel OG 184(04/12) Page 1 of 1 Copyright©C.V.Starr&Company and Starr Indemnity&Liability Company. All rights reserved. Includes copyrighted material of ISO Properties,Inc.,used with its permission.