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Home My WebLink About1st Amendment 11/19/2024 0'5oT40 Oo�5' u •.jp Kevin Madok, CPA moo••./''IIII........... Comptroller—Monroe County,Y,Clerk of the Circuit.Court& Florida Roe 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. 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 HabitatfoP t-Iumanity 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#2483261 Bk#3303 Pg#1223 Recorded 1 2 1 11/2024 12:23 PM Page 1 of 2 ?it' I's - vik4' cAtviov.,, ' ofticuagit Filed and Recorded in Official Records of ObtO. 8' e S C o s t 'Pa MONROE COUNTY KEVIN MADOK,CPA 'Lt cd‘WktMtik SAWk tA \ tk t FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of this day of isA� � . ;, � , 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 31250 Avenue I,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. TNESSES: r LESSOR: MONROE COUNTY BOARD OF COUNTY ,,,_; w OMMIS SIONERS Print Name: ��' A. fr�.� �� 5to Veli\A-A‘tOck St%V1A3 west,c-t. 3u* By: Name: 7-3.-AK. & 4644.,.. Title: Mayor Print liame: LAvCv\ t \to ►V &c,ut3 west%'fit,,33 LESSEE: HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS,IN A ( tiv L/7 ---? Print Name: ) Ay\ a -?cif \ VCtfC1S 5300 Title. (, rJiVj r-'4 I w Print Name: S '�``v'6 -Q.9•- MONROE COUNTY` TTOR OFFICE mobitem‘Av teti NtleistM`Vt, 330A0 APPROVE AS TO o RM ea e y n ',� '11)f' .�. - eIP - tc.4 4- a ,J • ~ ASSISTANT 11 r CAralka... p ° ' / 1'�yiw�� yam!, : dr ' • i, DATE(MMIDDIYYYY) Ai C.74C)/RIii-ri 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). - -- — • ' ONTACT - - PRODUCER CAME: Lockton Affinity,LLC NONE -. —rnx ,..... • P.O.Box 873401 A/C AiC,No): . o.Exl: 888-553-9002 Kansas City,MO 64187-3401 .MAIL ODRESS: _ _ .,...__. INSURER(S)AFFORDING COVERAGE 1 NAIC NSURER-A: ACE American Insurance Co. . 27860 --- INSURED NSURER-B: NSURER-C: Habitat for Humanity of Key West and Lower Florida Keys,Inc. NSURER-D: t PO Box 5873 i1NSURER-E: Key West,FL 33045 )NSURER-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. INS R ' ADDL -UBR POUCY EFF POLICY EXP — • LTR TYPE OF INSURANCE INSR D POLICY NUMBER MUD. (MM/DDIYYYY1 LIMITS A GENERAL LIABILITY X 5L1064565-24 04/01/2024 04/01/2025 EACH OCCURRENCE $1L.,000,000----- ._.. DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1 000 000 , , CLAIMS . MADE —1 X_I OCCUR MED EXP(Any one person) $ 0 ..—.....................___ _ PERSONAL&ADV INJURY $1,000,000 -------- — . GENERAL AGGREGATE $2,000,000 APPROVED BY RISK MANAGEMENT 'GEM._AGGREGATE OMIT APPLIES PER: PRODUCTS—('(IMP/OP ACO $2,000,000 -- /;•-• X OLICY j I ., • . . . DATE ' II/5/2024-- $ _. COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY WAIVER N/A YES (Ea accident) $ ._ j(NY AUTO I BODILY INJURY(Per Person) $ %O..OWNED r"1 SCHEDULED \UTOS AUTOS BODILY INJURY(Per accident) $ (RED NON-OWNED PROPERTY DAMAGE • UTOS AUTOS (Per accident) $ t--- _____ . •_ ... . MBREI_LA LIAB OCCUR • EACH OCCURRENCE $ -XCESS LIAB CLAIMS MADE AGGREGATE $ ED I [RETENTION S ----WORKERS COMPENSATION t • WC STATU- OTH- ,AND EMPLOYERS'LIABILITY roRy LIMITS ER PkNY PROPRIETOR/PARTNER/EXECUTIVE ?RN • -, bFFICER/MEMBER EXCLUDED? i EL EACH ACCIDENT $ r !MANDATORY IN NH) ilf es descnbe under EL 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 1100 Simonton St. • J I --- " Key West,FL 33040 . 1.4P. i / ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1064565