HomeMy WebLinkAboutDocumentation_Regular_Tab 20_9/9/2021Agenda Item #20.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 09 2021
Staff Contact: Keith Davis, Village Attorney
Department: Legal
Approve Paradise Park Lease Agreement Extension through November 30, 2021
The proposed lease agreement extension provides for rent payments and term extension through
November 30, 2021. It also updates the notice addresses and names, and eliminates the right of first
refusal for the Village to purchase the property.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
For Council discussion and action.
Lease Agreement Amendment Paradise Park JMZ 2021
Page 244 of 250
Agenda Item #20.
SECOND AMENDMENT TO
LEASE AGREEMENT
Between
MAIN STREET VILLAGE, INC.,
a Florida Corporation and
JMZ TEQUESTA PROPERTIES, INC.,
a Florida Corporation
(LESSORS)
and
THE VILLAGE OF TEQUESTA,
a municipal corporation of the State of Florida
(VILLAGE)
Page 245 of 250
Agenda Item #20.
SECOND AMENDMENT TO AGREEMENT OF LEASE
THIS SECOND AMENDMENT TO THE AGREEMENT OF LEASE made, entered into
and effective this day of , 2021, by and between MAIN STREET VILLAGE,
INC., a Florida profit corporation, JMZ TEQUESTA PROPERTIES, INC., a Florida profit
corporation, hereinafter referred to together as LESSORS, and THE VILLAGE OF TEQUESTA,
a municipal corporation of the State of Florida, organized and existing under the Laws of the
State of Florida, hereinafter referred to as the VILLAGE, amends the Agreement of Lease
originally entered into between the aforenamed parties on May 14, 2009, as amended on May 9 ,
2016 as specifically set forth below.
WITNESSETH:
WHEREAS, LESSORS collectively own three (3) parcels of real property located in the
VILLAGE at or near the street address of 1 Main Street, which parcels are currently vacant, and
which parcels are more particularly described on Exhibit "A" attached hereto, hereinafter referred
to as the "PROPERTY"; and
WHEREAS, the VILLAGE desires to lease and use the PROPERTY for a municipal
park, and LESSORS desire to make the PROPERTY available to the VILLAGE for such a use;
and
WHEREAS, LESSORS and the VILLAGE previously entered into an Agreement of
Lease in order to accomplish this, which was amended by a First Amendment to Agreement of
Lease in 2016; and
WHEREAS, said First Amendment to Agreement of Lease will expire in September,
2021 and the LESSORS and VILLAGE now desire to renew and extend said First Amended
Agreement of Lease under the terms and conditions contained in this Second Amended
Agreement of Lease.
NOW THEREFORE, in consideration of the rents, mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the LESSORS and the VILLAGE hereby agree as follows:
Section 1: New Provisions for Payment of Rent.
Pursuant to Section 13.16 of the First Amended Agreement of Lease, the parties desire to
amend the First Amended Agreement of Lease to provide for the payment of rent, and amend
Section 3.01 as follows:
2
Page 246 of 250
Agenda Item #20.
Section 3.01 Annual Rent.
The VILLAGE shall pay LESSORS a total, collective monthly net Rent of Four
Thousand, Six Hundred Eighty -Seven Dollars ($4.687.001 Thfe edge
boa c;v, Eight Dollars (9,568.00) plus applicable sales tax, payable without
notice on the Commencement Date and thereafter on a monthly basis, to be due and
payable on the same day of each subsequent month as the day of the Commencement
Date. It is the intent of the parties that this Second Amended Lease A rcement
contemplates two (2) such rent payments through the end of the new Term as below.
Monthly Rent shall be made payable to Main Street Village Inc., or JMZ Tequesta
Properties, Inc., and shall be delivered to 104 Lighthouse Drive, Jupiter, Florida 33469. -4
is the intent of LESSORS and the VILL-AGE that the Reat amatmt gener-ally eqtials the
a-P-A-vuiicA-f- ;4d va3H1:PM taxes or- LESSORS fvef--payiag
Section 2: New Term.
Pursuant to Section 8.02 and Section 13.16 of the First Amended Agreement of Lease, the
parties desire to renew the First Amended Agreement of Lease for a new term and, amend
Sections 8.01, 8.02 and 13.15 as follows:
Section 8.01 Length of Term and Commencement Date.
This Second F4f4 Amendment to Lease Agreement shall be effective upon the
Effective Date set forth in Section 13.15 below. The term of this Second
Amendment to Lease shall commence upon the Effective Date (the "Commencement
Date") and shall extend month to month for a period of two- and one-half months. more
or less, through and until November 30, 2021 five(5) peafs ther-ea4er-, tmiess seof
Section 8.02 Renewal of Lease Agreement.
This Second F4fA Amendment to Lease Agreement may be renewed for additional
periods of time upon mutual agreement of the parties.
Section 13.15 Effective Date of Agreement.
This Second F4PA Amendment to Lease Agreement is expressly contingent upon
the approval of the Village Council of the Village of Tequesta and shall become effective
on the date when signed by all parties and approved by the Village Council of the Village
of Tequesta. Such approval by the VILLAGE shall be evidenced by execution and
delivery of the Second Fif4 Amendment to Lease Agreement to LESSORS within five
W thif0) days of the approval by the Village Council of the Village of Tequesta.
Section 3: Elimination of Right of First Refusal.
Pursuant to Section 13.16 of the First Amended Agreement of Lease, the parties desire to
amend the First Amended Agreement of Lease to eliminate the VILLAGE'S right of first refusal
3
Page 247 of 250
Agenda Item #20.
to purchase the PROPERTY, and amend Section 8.03 as follows:
Section 8.03 Sale of the Property, Right of First Refusal.
LESSORS are free to sell the entire PROPERTY or any portion thereof, with no money
being due to the VILLAGE for park improvements. T-ke 1AT r� all have the fig
viaci iigxxc Of f4fSt is USa , c O VillagO R4USt Reti T=ESS v
per terms —a tie s ic-4i—amino less -'ate . thir-,a ", ,.,.hase,.
1Uo44t togo11
Section 4: New Notice Address.
Pursuant to Section 13.16 of the First Amended Agreement of Lease, the parties desire to
amend the First Amended Agreement of Lease to provide for a revised notice address, and
amend Section 13.03 as follows:
Section 13.03 Notices.
Any consents, approvals and permissions by LESSORS shall be effective and
valid only if in writing, and any notice by either party to the other shall be in writing and
shall be deemed to be duly given only if hand delivered, or mailed prepaid by certified
mail return receipt requested, addressed:
(a) If to LESSORS at:
Elizabeth Minelli
18903 SE Federal Hi hav
Tequesta. FL 33469
o=-cin!St eet]�Zillage, Ind&Ze jehn �uEEar�lli
inn Tight- ,,, o n.•;v
dupitei•F T= 33469
inn r; ,a., ti..,,,, s e P,., N o
(b) If to the VILLAGE at:
Jeremy Allen Miehae' Cetizze, Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
F
Page 248 of 250
Agenda Item #20.
with a copy to:
Keith W. Davis, Esquire
Davis & Associates, IlLhite,Davis anal P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Any party hereto may change the address for service of notices required or permitted
hereunder upon ten (10) days prior written notice. All notices given hereunder shall be
effective and deemed to have been duly given only upon receipt by the party to which
notice is being given, said receipt being deemed to have occurred upon such date as actual
hand delivery occurs, or such date as the postal authorities shall show the notice to have
been delivered, refused, or undeliverable, as evidenced by the return receipt.
Section 4: All Other Provisions Remain.
Except as specified in Sections One (1) through Four (4) of this Second Amendment to
Lease Agreement, each and every other section and subsection of the original Agreement of
Lease, as amended by the First Amendment to Lease Agreement, shall remain in full force and
effect and shall be binding on the parties hereto pursuant to the terms and conditions of this
Second Amendment to Lease Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this First Amendment
to Lease Agreement as of the day and year first above written.
ATTEST: MAIN STREET VILLAGE, INC., and
JMZ TEQUESTA PROPERTIES, INC.
By: By:
, President
ATTEST: VILLAGE OF TEQUESTA
Lori McWilliams, MMC
Village Clerk
5
Frank D'Ambra, 11I, Mayor
Page 249 of 250
Agenda Item #20.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Keith W. Davis, Village Attorney
Page 250 of 250