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HomeMy WebLinkAboutAgreement_General_8/8/2019_Florida East Coast Real Estate PropertyVillage 345 Tequesta Drive Tequesta, FL 33469 Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works 561-768-0700 www.tequesta.org Subject: Florida East Coast Real Estate Property Renewal Lease Date: July 25, 2019 This Agenda item references the real estate property the Village of Tequesta leases from Florida East Coast ROW, LLC. The property is located at the north and south corners of Tequesta Drive and Old Dixie Highway. The lease is defined as a beautification lease. This lease allows the Village of Tequesta to maintain and make improvements to the area. The Renewal Term will be increased by 5% at a cost of $12,315.00. The Lease is effective July 11, 2019 through July 10, 2020. Funding is available and budgeted in 001-210-544.304 Douglas Chambers Director Department of Public Works Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Village Manager Jeremy Allen Council Member Kyle Stone -C Florida East Coast ROW FEC ROW, LLC 7150 Philips Highway I Jacksonville, FL 32254 www. fa crvry. e o m!►e a I -as to to •seryice s June 27, 2019 Jeremy Allen, Village Manager 136 Tequesta Drive Tequesta, Florida 33469 Re: Real Estate Lease (File# 281-1-2b) dated 7/11/2006 by and between FEC ROW, LLC formerly known as FDG Flagler Station II, LLC, as Lessor ("Lessor") and Village of Tequesta, as Lessee ("Lessee"). Dear Lessee: We are writing to inform you that the terms of the referenced Lease provide you the option to renew the Lease for an additional 12 -month period (the "Renewal Term"), provided you notify the Lessor prior to the end of the current term. To expedite your exercise of this option, we have provided below a place for you to acknowledge exercising this option by returning a signed copy of this letter. if you choose to exercise your option, your Lease will be renewed effective July 11, 2019 and extend through July 10, 2020. Also, in accordance with Section 2, the rental rate for the term immediately preceding the Renewal Term will be increased by 5%; therefore your new annual rate for the Renewal Term will be $12,316.00, plus all sales or use taxes levied by any governmental body for the use or occupancy of the Leased Premises. All other terms and conditions of the Lease shall continue to be in effect during the Renewal Term. in anticipation of your renewal, you will be receiving an invoice for the Renewal Term. If you do not intend to exercise your option to renew this Lease, please do not return a copy of this letter and instead please refer to the provisions of Paragraphs 13 and 14 of your Lease which advise you of your obligations and requirements for termination. Please return a copy of this letter signed and dated below, acknowledging and exercising your option to renew the Lease, to my attention at the address written above. If you have any questions, please contact me at 904-538-6259 or Erich.5mith@fecrwy.com. Sincerel Erich Smith Real Estate Manager ACKNOWLEDGED AND ACCEPTED: This vl /l ' day of 2019 By�am,,,dTitle Pr—4ja!!t.,j PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other retards associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers ail public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 765-0685, OR AT Immiliiams@teguesta.oOR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Palm Beach County Inspector General Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses.