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Home My WebLink About1st Amendment 11/19/2024 ��couRr$ G.:t'.°u��U�.°N'0 Kevin Madok, CPA .�'' �l -� Clerk of the Circuit Court& Comptroller—Monroe Count Florida `ti,�o��o�N.�`� �� 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 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. ^7 First Amendment to a 99-year Ground Lease between Monroe County and Habitat ftt 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 Doe#2483258 Bid*3303 Pg#1217 *,v6ktea ` Recorded 1 Z/I 1/20?4'I 2:23 PM Page 1 of 2 CA Onfela t n Otti/ela St) t5 CALMS; ! Filed and Recorded in Official Records of 121 Simtybo Wi/44A- MONROE COUNTY KEVIN MADOK,CPA vqm, 3300 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of this ,.\ day ofA - :.�� , ,+,, '`, 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 31142 Avenue F,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 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. ITNESSES: LESSOR: MONROE COUNTY BOARD OF COUNTY C �-�' MMIS STONERS Print ame - ti -- . ‘ eSio wymdtku0 vm \Nod, `*1„ 3301-'0 By: 4 , ) r Name: � 5 K. 6 c k... r Title: Mayor Print ►' ame: .g J /l� S 00 ViMikt\At CO St ‘146t' 3"() LESSEE: HABITAT FOR HUMANITY OF KEY WEST J AND LOWER FLORIDA KEYS,IN/'° N -01* 4 \1;1 Y•t :./ +' .R'c'(/? x r--2 •PCs' ! f,•s' 0 } ,f Print Name: ' C � �� ► � � �. am-e:(:/v) `too lwayi ` Title:, ,� �� ni'3 00 Print Name: ri -( MONROE COUNTY A1TO.'' VS OFFICE ' 1'Lob -Rot f‘ve APPROVED AS Ti •'M 4, Krm NeSv D.5040 r ta tn. ?1 d r `c5 +'l�Yir , t�� _ sr 5 } ASSISTANT COUNTY A •RN Ckvf-hog- rk'kvr,, , J.I1rtf \/ DATE: \,,k\?tr-D ° CLERK -�....4 , DATE(MMIDDIYYYY) ALC7C_-10/?/ ' CERTIFICATE OF LIABILITY INSURANCE 0310112024 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: AME: . Lockton Affinity,LLC HONE -� - u._�.....__ .AX .._�__ P.O.Box 873401 A/C AMC,No): Kansas City,MO 64187-3401 Q.Ext): 888-553-9002 -MAIL DDRESS: _ INSURER(S)AFFORDING COVERAGE . 1-- NAICq___ L_ NSURER-A: ACE American Insurance Co. 27960 INSURED w.,. ----!~— NSURER-B: NSURER-C: _.„._ __ �.-.u__. Habitat for Humanity of Key West and Lower Florida Keys,Inc. NSURER-D: PO Box 6873 Key West,FL 33045 NSURER-E: -..._..._._�__. INSURER 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.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 -UeR ,...__....._._.�, ----. POLICY EFF POLICY EXP LTA TYPE OF INSURANCE INSR POLICY NUMBER MMID' ' IMMIDDIYYYYI LIMITS A GENERAL LIABILITY X GL1064565-24 04/01/2024 04/01/2025 EACH OCCURRENCE $1,000,000 � . DAMAGE TO RENTED X OMMERCIAL GENERAL LIABILITY PREMISES((Ea occurrence) $1,000,000 LAIMS ADE____ —Y r X I_OCCUR MED EXP(Any one person) $ 0 a r.._.,-.._.�ti_ PERSONAL&ADV INJURY • $1,000,000 kN'L GENERAL AGGREGATE $2,000,000 APPROVED BY RISK MANAGEMENT AGGREGATE LIMIT APPLIES PER ,��- u PRODUCTS—COMP/OP ACI $2,000,000 - BY,..—_2 :'x --�,:z`;_:- -c'=.: X OLICY ,DATE -1 1/5/2024--' $ __----.--- _._._�______ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY WAIVER NIA__YES_ (Ea accident) $_ .__._�...�. i,NY AUTO _ BODILY INJURY(Per Person) $ ,LL OWNED ` SCHEDULED �-� _ ._....__._._ _ —,UTOS AUTOS BODILY INJURY(Per accident) $ • IREG NON-OWNED PROPERTY DAMAGE • �._.._. .__,._...� UTOS AUTOS (Per accident) $ MBRELLA LIAB OCCUR EACH OCCURRENCE $ -XCESS LIAR CLAIMS MADE AGGREGATE T$� ED RETENTIONS .. _._...._._._..__—_._._WORKERS COMPENSATION __ J11C STATU- ri______I ND EMPLOYERS'LIABILITY (ORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE YIN .bFFIGER/MEMBER ExCLUQED? .._.._..__ � ___ _.._.._� E L EACH ACCIDENT $ MANDATORY IN NH) ._.V._..._.. f es 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 County Board of Commissioners AUTHORIZED REPRESENTATIVE "—� �_.___ VI00 Simonton St. ..__... .. .._.:....__ _�___._____.., Key West,FL 33040 14P.1 ; ' ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1064565