4th Amendment 10/18/2023 �wwtt
`> °. Kevin Madok, CPA
4 ,
C',Ifk 0f the CIfCtldl Court& Comptroller —Monroe County, Florida
DA'ff,: Dccenzh<1r 29, 2023
TO: William Dcsantis, Dircctor
I'acilitics Maintenance
X Alice `aterzyou
(.'ozztract Morzito r.
FROM: Pamela G. 1lazzc cz lc C.
S1ti BJE I'. October 18"' BOCC' Mceting
Attached is all electronic coley of'the following itczzz l'or your-handling:
C�'20 h'onrtlz Azncnclzncrzt to C'ommet-cial l x,,asc Agrccment 1`or I.1nit Il-0 at the Big fine.
Shoppizi C'cntcz,to acl�nc>wlccIge the safe of the Pl-opel-ty from 1 III t IS Big Pine Key 2019, 1,1,C'
to Big fine Key ()%vner U.C, a Flon(la Llrnitccl Liability, (.'c:rmpany, as the new owncr and 1,,cssor,
szrzcl azncncl the pl—ovisions of t1lC 1.c�.a.5c ill Paral,TalAhs 4.6 a.ncl 27 to rellect the nc Nv aciclresscs Ior
notices to tlzc 1,essor a.nd addicss lot- z-czttal paymczzts. ,1"1zc Moz7roc County Big pine I.,ibrary
B anzch opet—ales at this location.
Should you have. any questions please feel lice to contact nee at (305) 292-3 5.50.
cc: County Attorney
S. Rubio
1'. Iables
C. Collins
I izta.z)c:V
Idle
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Strut 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FOURTH AMENDMENT TO COMMERCIAL LEASE AGREEMENT
This Fourth Amendment to Commercial Lease Agreement is made and entered into on the 18th day
of October, 2023, by and between Big Pine Key Owner LLC, a Florida Limited Liability Company,
authorized to do business in the State of Florida, (hereinafter "Lessor") and Monroe County Board of
County Commissioners, a political subdivision of the State of Florida, (hereinafter"Lessee" or"County")
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 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 to acknowledge the sale of the Property by Big Pine
Key, 2013 LLC, and revise the Lessor's name to reflect UH US Big Pine Key 2019,LLC, as the new owner;
and
WHEREAS, on August 17, 2022, the BOCC approved a Third Amendment to revise Paragraph 27
to reflect a new address for purposes of giving proper notice under the Lease to the Lessor as its address
had changed for its property management company; and
WHEREAS, Tenant has now received a Notice from the Property Management Company, MCB
Property Management LLC, that UH US Big Pine 2019 LLC, as Seller and former Lessor, has conveyed its
interest in the property commonly known as Big Pine Shopping Center("Property")to Big Pine Key Owner
LLC, as Purchaser, including assignment of all of Seller's right, title, and interest in and to the Original
Lease, together with any security deposits or letters of credit held thereunder; and
WHEREAS, the parties have found the Original Lease to be mutually beneficial; and
WHEREAS, the parties would like to enter into a Fourth Amendment to Commercial Lease
Agreement for Unit B-9 at the Big Pine Shopping Center to acknowledge the sale of the Property and amend
the provisions of the Lease to revise Paragraphs 4.6 and 27 to reflect the new addresses for notices to the
Lessor and for Rental Payments due to the Lessor; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1. The Original Agreement, as amended, is hereby amended to reflect the new owner of the
Property as Big Pine Key Owner LLC, a Florida Limited Liability Company, and thereby
the current Lessor of this Property, as indicated in the Notice dated August 30, 2023, from
1
MCB Property Management, LLC directed to Tenant, attached hereto as Exhibit "A' and
made a part hereof.
2. Paragraph 4.6 of the Original Agreement as to rental payments is hereby amended to read as
follows:
4.6 Rental payments are to be made payable to Big Pine Key Owner LLC, c/o MCB
Property Management, LLC, 2002 Clipper Park Road, Suite 105, Baltimore, MD 21211,
Attn: Accounting.
3. 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:
Big Pine Key Owner LLC
c/o MCB Property Management LLC
2002 Clipper Park Road, Suite 105
Baltimore, MD 21211
Attn: Lease Administration
With a copy to:
Big Pine Key Owner LLC
c/o MCB Property Management, LLC
2002 Clipper Park Road, Suite 105
Baltimore, MD 21211
Attn: Legal
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
4. Except as set forth in Paragraph I through 3 of this Fourth 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,
party has caused this Fourth Amendment to Commercial Lease
ITNESS WHERE01", each pai
t ('&'be executed by its duly authorized representative,
TENANT:
MONROE COUNTY BOARD OF COUNTY
N MADOK, CLERK COMMISSIONER
By: By:
As Deputy Clerk
Date:
M04MX COMY ATTORNEY'141 OFFICE LESSOR:
Big Pine Key Owner LIX,
PATRICK MLEX A Florida Limited I.Jability Company
EY
DAM
By:
Title:Authorized Signatory
Date: December 21, 2023
STAIT OF:
COUN'rY
Subscribed and sworn to(or affirmed)before me,by IIA ieans of 0 physical presence or 11 online notarization,
on (date) by (name of affiant),
fie/She is personally known to me or has produced
(type of identification) as identi fi cation,
NOTARY PUBI.JC
(SEAL) My Commission Expires:
3
EXHIBIT "A"
Landlord Notice to Tenant
4
MCB
MENP�EAL
E °firs"
UH US Big Pine 2019 LLC
c/o MCB Property Management, LLC
2002 Clipper Park Road, Suite 105
Baltimore,MD 21211
August 30, 2023
Na email, LISPS
Monroe County Library
Norma Kula
123 Overseas Highway
Rockland Key, FL, 33040
Re:Notice of Sale of Property
Dear Tenant:
Please be advised that UH US Big Pine 2019 LLC, a Delaware limited liability company ("Seller'), has
conveyed its interest in the property commonly known as Big Pine Shopping Center (the "Property') to
Big Pine Key Owner LLC, a Florida limited liability company ("Purchaser"). The conveyance of the
Property to Purchaser included an assignment of all of Seller's right, title, and interest in and to the lease
between you and Seller with respect to the Property (as same may have been amended, the "Lease")
together with any security deposits or letters of credit held thereunder.
MCB Property Management, LLC("MCB"),will be performing financial accounting, and operating
services for the Property. Please promptly send your payments of rent, additional rent, and other sums due
under the Lease to the following:
Payments via mail:
Big Pine Key Owner LLC
c/o MCB Property Management LLC
2002 Clipper Park Road, Suite 105
Baltimore, MD 21211
Attn: Accounting
"PLEASE NOTE—BANK ACCOUNT INFORMATION SHOULD BE VOICE VERIFIED BY
CALLING MCB HEADQUARTERS AT 410-662-0104—ASK TO SPEAK WITH AMY BROWN
OR ANGELA MARTIN. **
2002 Clipper Park Rd. I Suite 105 1 Baltimore,MD 21211
www.mcbrealestate.com
MCB
MEN --------------I--------
In addition,to the extent required by the Lease,please amend all insurance policies you are required to
maintain pursuant to the Lease to named Purchaser,lender and manager as an additional insured
thereunder and promptly provide MCB's Lease Administrator with a current certificate evidencing such
insurance policies.
The additional insureds to be named are as follows:
Owner: Big Pine Key Owner LLC
c/o MCB Real Estate LLC
2002 Clipper Park Road, Suite 105
Baltimore,Maryland 21211
Property Manager: MCB Property Management LLC
2002 Clipper Park Road, Suite 105
Baltimore,Maryland 21211
All correspondence regarding the terms and conditions relative to the Lease (including giving notice
under the Lease) should be directed to the following addresses:
Notice Address: Conv to:
Big Pine Key Owner LLC Big Pine Key Owner LLC
c/o MCB Property Management LLC c/o MCB Property Management LLC
2002 Clipper Park Road, Suite 105 2002 Clipper Park Road, Suite 105
Baltimore,MD 21211 Baltimore,MD 21211
Attn: Lease Administration Attn: Legal
**For any service, repair, or maintenance request please send an email to
Servuce�7M;f:°IfllfetllE�sfiafi:ewcom with a written description of the issue,the location,and any photos
of the area or item(s)in question.**
Your contacts for the Landlord are listed on Schedule I. Kindly complete and return the attached Tenant
Contact Information sheet,attached as Schedule II, so that we can have appropriate contact resources for
you. Please return this information to el one s c�,mcbrealestate.com.
2002 Clipper Park Rd. I Suite 105 1 Baltimore,MD 21211
www.mcbrealestate.com
MCB
MENP�EAL ESTA'r'E--------------I--------
Very truly yours
UH US Big Pine 2019 LLC
UH US Big Pine 2019 LLC, a Delaware limited liability company
By: United Hampshire US Holdings, LLC,
A Delaware limited liability company,
Its sole member
/I
)ii�ja"'
By: —
Name: Derek Gardella
Title: Chief Investment Officer
Cc: [Required Notice Parties Under the Lease]
2002 Clipper Park Rd. I Suite 105 Baltimore,MID 21211
www.mcbrealestate.com
Big Pine Key Owner LLC
c/o MCB Property Mgmt LLC
2002 Clipper Park Rd, Ste 105
Baltimore, MD 21211
8/30/2023 ACCOUNT NUMBER
Monroe County Library INVOICE#: 047324 00000747 1
Facilities Contract Monitor
3583 S. Roosevelt Blvd
Key West, FL 33040
MAKE CHECKS PAYABLE TO: Big Pine Key Owner LLC BALANCE DUE 3,771.84
Date Code Description Charges Payments Amount Due
9/1/2023 BMR Base Rent 3,337.84 0.00 3,337.84
9/1/2023 INS Insurance Reimbursement 434.00 0.00 434.00
8/30/2023 ACCOUNT NUMBER
Please send this portion of the statement with your remittance. INVOICE#: 047324 00000747 1
Monroe County Library
Big Pine Key Owner LLC
c/o MCB Property Mgmt LLC
2002 Clipper Park Rd, Ste 105
Baltimore, MD 21211
Current 30 60 90 120 BALANCE DUE
3,771.84 0.00 0.00 0.00 0.00 3,771.84