HomeMy WebLinkAbout1st Amendment 11/19/2024 couRr
(,fr71'4..‘1' Kevin Macbk, CPA
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tiRo..: Clerk of the Circuit Court& Comptroller Monroe County, Florida
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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:
H2 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 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'ffo'r`Humanit of KeyWest and Lower Florida Keys,s, Inc., a Florida not for profit
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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
Doc#2483255 Bk#3303 Pg#1211
Recorded 12'11/2024 12:23 PM Page 1 of 2
W0414 ttY.
6:45tAINI S. Ott.b 'milk 6.Sct. Filed and Recorded in Official Records of
02.0Vt iol Stot OAS, UC MONROE COUNTY KEVIN MADOIL CPA
2 2-t St o'Mo r SAIL-1-et
S 53040 FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of
this i A. day of 4,4 /N ' , 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").
WITNES SETH
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 30936 Nathalie Street, 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
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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.
NESSES:
T CLESSOR:
MONROE COUNTY BOARD OF COUNTY
'i -OMMISSIONERS
Print Name avr'-.._ ��e.
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Title: Mayor
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LESSEE:
q HABITATS FOR HUMANITY OF KEY WEST
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,r� DATE(MMIDDIYYYY)
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 policy(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 endorsement(s). _
PRODUCER ONTACT -
Lockton Affinity,LLC HONE Arc
P.O.Box 873401 PHONE
TAtC,No):
Kansas City,MO 64187-3401 No.EsI): 888-553-9002 9_
E-MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE • NAIC
INSURER-A: ACE American Insurance Co. 27960
INSURED INSURER-B: _
INSURER-C:
Habitat for Humanity of Key West and Lower Florida Keys,Inc. NSURER-D:
PO Box 5873 .
Key West,FL 33045 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.
;NCR ADDL ISUOR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR D POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY( LIMITS •
A GENERAL LIABILITY X GL1064565-24 04/01/2024` 04/01/2025 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
XCOMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000
CLAIMS
a MADE X1 OCCUR MED EXP(Any one person) $ 0
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
APPROVED BY RISK MANAGEMENT
.`,EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGO $2,000,000
BY,__ — -y�_--- ° '�- �4.
X POLICY DATE 11/5/1024
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY WAIVER N/A_YES_ (Ea accident) $
—1A 1Y AUTO BODILY INJURY(Per Person) $
`1Li,O'IENED 7 SCHEDULED
" \UTOS AUTOS BODILY INJURY(Per accident) $
RED �', NON-OWNED PROPERTY DAMAGE p__
UTOS . ' AUTOS (Per accident)
i
�:90RELLr\LIAR OCCUR -- EACH OCCURRENCE $
XCESS LIAB CLAIMS MADE AGGREGATE $
ED I 1 RETENTION S � ..__,_._._....._. W. - .
ORKERS COMPENSATION I • NC STATU- TM-
ND EMPLOYERS'LIABILITY IORY LIMITS R
NY PROPRIETOR/PARTNER/EXECUTIVE
1N _
I FFICERIMEMDER EXCLUDED? E L.EACH ACCIDENT W $
MANDATORY IN NH) _
I es,describe under E.L.DISEASE—EA EMPLOYEE $ ,
•ESCRIPTION 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 County Board of Commissioners AUTHORIZED REPRESENTATIVE
1100 Simonton St.
Key West,FL 33040 tP0C)/Z•e/
m
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1064565