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Home My WebLink About1st Amendment 11/19/2024 COURT$ 1' • G...Jw�°u,��;.. ► Kevin Madok, CPA Nh,"-, 1111 .34 Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: December 9, 2024 TO: Cynthia Guerra, Acting Executive Director of the Land Authority ATTN: Dina Gambuzza,Property Specialist Land Authority FROM: Liz Yongue, Deputy Clerk SUBJECT: November 19, 2024 BOCC Meeting The following items have been executed, and are being forwarded to you for further processing: First Amendment to a 99-year Ground Lease between Monroe County and Habitat'for-Humanity of KeyWest and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 11, Block 22, Big Pine Cove (PB 3-131); Parcel ID# 00308490-000000; 31530 Avenue D, bay side of Big Pine Key near mile marker 31. H3 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 5, Block 3, Sam-N-Joe Subdivision (PB 3-76); Parcel ID# 00300250-000000; 30936 Nathalie Street, bay side of Big Pine Key near mile marker 31. H4 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 8, Block 1, Amended Plat of The Ladies Acre (PB 5-96); Parcel ID# 00222830- 000000; 28249 Julia Avenue f/k/a 26249 Julia Avenue, bay side of Little Torch Key near mile marker 28. H5 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 9, Block 1, Amended Plat of The Ladies Acre (PB 5-96); Parcel ID# 00222830- 000100; 28269 Julia Avenue f/k/a 26269 Julia Avenue, bay side of Little Torch Key near mile marker 28. H6 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 13, Block 36, Sands Subdivision(PB 1-65); Parcel ID# 00305070-000000, 31142 Avenue F, bay side of Big Pine Key near mile marker 31. 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 H7 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 7, Block 41, Sands Subdivision (PB 1-65); Parcel ID# 00305850-000000, 31371 Avenue F, bay side of Big Pine Key near mile marker 31. H8 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 10, Block 41, Sands Subdivision(PB 1-65); Parcel ID# 00305880-000000, 31372 Avenue G, bay side of Big Pine Key near mile marker 31. H9 First Amendment to a 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida not for profit corporation Lot 9, Block 49, Sands Subdivision (PB 1-65); Parcel ID# 00307000-000000, 31250 Avenue I, bay side of Big Pine Key near mile marker 31. Please send us the final versions once they have been added to the Official Record, so we can add them to our files. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File ?Itekco.uotDoc#2483254 Bk#3303 Pg#1209 Recorded 12/11/202412:23 PM Page 1 of 2 CAtcyt\IS. OZ % Es . OPhovact S S CCUZCACV1(JJ PL. 0 Filed and Recorded in Official Records of 'j,Zl $1 05804o MONROE COUNTY KEVIN MADOK,CPA wes FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of this 41c day of f z3 . kr , 2024 ("Amendment Date"), by and between HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., a Florida not for profit corporation, ("Lessee"), and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (`Lessor")(Lessee and Lessor being,collectively,the"Parties"). WITNESSETH WHEREAS, Lessor and Lessee are the Parties to that certain Lease Agreement dated December 13, 2023 (`Lease"), for the lease of the property located at 31530 Avenue D, Big Pine Key, Florida 33043,as more particularly described in the Lease("Premises");and WHEREAS,the Parties wish to amend the Lease, on the terms and provisions of this Amendment, to clarify the obligations related to construction bond requirements with respect to construction costs pursuant to Florida Statute Section 255.05. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals: Definitions. The foregoing recitals are true and correct and are incorporated herein by reference. Unless expressly provided otherwise, capitalized terms used herein shall have the meanings ascribed to them in the Lease. 2. Amendment to Article VII. The Lease is hereby amended, to reflect the following changes to Section 7.01 of the Lease. Section 7.01 No Lien. Neither the Lessee nor any Sublessee shall have the power to subject the interest of the Lessor in the Demised Premises to any mechanic's or materialmen's lien of any kind. Lessee shall provide to Lessor prior to initiating construction a construction bond in accordance with Florida Statute Section 255,05 covering the cost of construction authorized hereunder. In the event that Lessee chooses to improve the Premises by way of modular construction,then in such event,Lessee shall not be required to post a bond in accordance with Florida Statute Section 255.05 so long as the cumulative site development and construction costs do not exceed the sum of Two Hundred Thousand and 00/100 Dollars ($200,000.00) and the modular home being delivered to the Premises is paid for in full by Lessee prior to leaving the modular construction factory. 3. Miscellaneous. Lessee and Lessor hereby certify that(a)the Lease is in full force and effect and has not been modified or amended except as herein provided, (b) neither Lessee nor Lessor is now in default under the Lease and neither Lessor nor Lessee know of any event which, with notice or the passage of time or both would constitute such a default, and (c) neither Lessee nor Lessor has made a demand against the other party and to the knowledge of each party respectively neither party has a present right to make such demand with respect to charges, liens, defenses, counterclaims, offsets, claims, or credits against the payment of rent or the performance of Lessee's or Lessor's (as applicable) obligations under the Lease. Except as modified hereby, the Lease shall remain in full force and effect, and as modified hereby, the Lease is ratified and confirmed in all respects. If any of the provisions of this 1 1 Amendment, or the application thereof to any person or circumstance, shall, to any extent, be invalid or • unenforceable, the remainder of this Amendment or the circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and every provision of this Amendment shall be valid and enforceable to the fullest extent permitted by law. This Amendment may be executed in one or more counterparts,each of which shall constitute an original and all of which when taken together shall constitute one and the same instrument. It shall not be necessary when making proof of this Amendment to produce counterparts with original signatures, it being agreed that photocopies of signatures or signatures received by electronic transmission shall have the same effect as original signatures. In the event of any inconsistency between the terms and provisions of the Lease and those of this Amendment,the terms and provisions of this Amendment shall control. Each party has participated fully in the review and revision of this Amendment. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Amendment. 4. No Additional Consent/Approval Required. Lessor and Lessee hereby covenant and warrant that each party,respectively,has obtained any and all required consent, approval and/or authorization to enter into this Amendment and perform the obligations hereunder, and no additional consent or approval is required for the enforceability of this Amendment. IN WITNESS WHEREOF,the parties hereto have executed this Amendment, as of the date first written above,the execution and delivery thereof having been duly authorized. WITNESSES: LESSOR: MONROE COUNTY BOARD OF COUNTY IMC311—,\,,-,—__ COMMISSIONERS Print Name Do%. Q ci 52-(1`G- . iii �b 1�1n,► St i tBy: . 5 �ic�.o�dl, S IIL S � v • , L! Name: ,33.44.4 et3 4. . , c) ill saktV (AW1-W Title: Mayor Print tame: L t.2, IA An OrAL SC b Wht 5# 3b4 V.L. LESSEE: . HABITAT FOR HUMANITY OF KEY WEST r ' AI AND L 9)WER FLORIDA KEYS,I ‘ , tr., d. :,;.- . , ".„„1„, ---ot 1 Print Name:__ Ai'ie: , 1/ u 'y- 11X e lizkvvicavin ewe, W -$t Title: ;.. e c: 0 ft- 33v4 .:::)(1-1-6.--'". -- Pin Name: ," A .. MONROECOUNTYA. ! Sr t e �� `e:�` {?' ACV -'-is sa-.r"�5j;.''�^;1,i(i is�s. y.,y� t� � 1�l stoko ,,,,,;.,c4,L:?;:----kq,6,----,4,m;:N stAs ,yl r.>,;:!t-...._..�.. \'�f�;�(�firth ,/.2.4,f,7C 3 .. 1`1'a f L1,.W�iE.�,4 ��l , kASAN-4.%Q..„ 141 4,004wooK CLERK r�Y..]:.d-:.17I71�r t V►'.;Alrr_ tA.Circhti?, N *1-------„,..„", ,, .-i i ,-,-,,',kovf,------:-., a ,,,Ati ii i tri J! R NEY .,,,„sa t,:,:',Z,'',J,',..4:,it.,1M 07,4 lipv- „ —A.-4 — ' k.'';;,',-ii:',Fs:V:WI','77''' ._.-f.-7.--4 tesip i ,. CLERK DATE: '.. kkk' ..5i 29 %,'',,,: i:`,::,.:ii;.',:i:‘,:.:', :l ca4-41:::.:5;i e .. 1131::,,i7/ . . byc��pv,�p�,,4 f� r'yJ !� r. b 4i'S'JY?v M D AAAR CERTIFICATE OF LIABILITY. INSURANCE 03101 2024'� ' 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 INSURERS(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:- If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must 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 endorsernent(s):. PRODUCER ONTe4CT AME: Lockton Affinity,LLC ,,PINE . ... _ .. P.O.Box 873404 Arc AX AIC,No): Kansas City,MO 64187-3401 . ,oExo 0�8=553-9�02; MAIL, DDRESS; AFFORDING COVERAGE. NAIC.INSU�tEFt1S1�0.FF0 � F 27 NSURER-A: ACEAmerican Insurance Co � t160 INSURED NSURER-B:. NSURER-C:. Habitat for:Humanity of Key West and Lower Florida Keys,Inc. 'NSURER-D: PO Box 5873 NSU ER-E: KeyWest FL 33045 R __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 _..�.- ADDL °SUER ..,. _ .. . POLICY LIRINSR WVD . EFF POLICY EXP TYPE;OF INSURANCE POLICY NUMBER (MMIDDIYVYY) (MMIDDI LIMITS 04/01/2024: 04/01/2025 EACH OCCURRENCE $1,000,000 A GENERAL LIABILITY . !X GL1064565-24 DAMAGE TO RENTED=. .XCOMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence). - $1,000,000 CLAIMS .�... M X . MADE -.�.;., OCCUR MED EXP(Any one person) $ 0 . .. - $1,000,000 PERSONAL&AQV INJURY. I i GENERAL AOGREGATE' $2,000,000 . .I APPROVED BY RISK MANAGEMENT +c_;EN'L AGGREGATE LIMIT APPLIES PER: • . PRODUCTS—COMP/OP AGO �$2,000,000 X POLICY DATE 1 l/5%20-24 $ • COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY WAIVER NIA YES (Ea accident) $ • it\r,1'e AUTO 1 'BODILY INJURY(Per Person EMIIIIIIIIMIIIIIII ALL OWNED .:SCHEDULED. AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED. �, NON-OWNED PROPERTY DAMAGE AUTOS AUTOS .. Per accident). UMBRELLA LIAB OCCUR EACH OCCURRENCE.. $. EXCESS LIAB CLAIMS MADE AGGREGATE $ _DED. RETENTION§ ORKERS COMPENSATION ,NC.STATU- TH- 1AND EMPLOYERS'LIABILITY. 'tORY LIMITS . =R '',ANY PROPRIETOR/PARTNER/EXECUTIVE IYIN ... OFFICER/MEMBER EXCLUDED? . I [TCH.ACCIDENT $ . . .. {MANDATORY 1N NH) If yes:describe under E:L_DISEASE EA EMPLOYEE $ DESCRIPTION OF.OPERATIONS below E.L.DISEASE—POLICY LIMIT.. $.. . PROOF OF COVERAGE • CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. EXPIRATION. DATE THEREOF.NOTICE.WILL BE DELIVERED IN ACCORDANCE.WITH THE POLICY PROVISIONS Monroe CountyBoard of Commissioners AUTHORIZED REPRESENTATIVE 1100.Simonton St. ._._ Key West,FL 33040 /4P.OliZe ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1064565