HomeMy WebLinkAboutAgreement_General_9/9/2021_JMZ PropertiesSECOND AMENDMENT TO
LEASE AGREEMENT
Between
MAIN STREET VILLAGE, INC.,
a Florida Corporation and
JMZZ TEQUESTA PROPERTIES, IN
a Florida Corporation
(LESSORS)
and
THE VILLAGE OF TEQUESTA,
a municipal corporation of the State of F
(VILLAGE)
THIS SECOND AMENDMENT TO THE AGREEMENT O LEASE made, entered into
and effective this I day of 3enkmigE, 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 THEVILLAGE OF TEQUESTA,
a municipal corporation of the State of Florida, organized and exi Ling under the Laws of the
State of Florida, hereinafter referred to as the VILLAGE, amens the Agreement of Lease
originally entered into between the aforenamed parties on May 14, 2)09, as amended on May 9 ,
2016 as specifically set forth below.
►�Iiil��'1E�;t�
WHEREAS, LESSORS collectively own three (3) parcels o 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"attacheid hereto, hereinafter referred
to as the "PROPERTY"; and
WHEREAS, the VILLAGE desires to lease and use the P OPER'I Y for a municipalpark, and LESSORS desire to make the PROPERTY available to t e VILLAGE for such a use;
and
WHEREAS, LESSORS and the VILLAGE previously en ered into an Agreement of
Lease in order to accomplish this, which was amended by a First mendment to Agreement of
Lease in 2016; and
WHEREAS, said First Amendment to Agreement of Leas 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, mutua covenants and agreements
hereinafter contained and other good and valuable consideration, t e receipt and sufficiency of
which is hereby acknowledged, the LESSORS and the VILLAGE hereby agree as follows:
Section t: 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
Section 3.01 Annual Rent,
The VILLAGE shall pay LESSORS a total, collecti
Hundred, gim-y Eight Dollars ($3 568 nm plus applicable
notice on the Commencement Lute and thereafter on a m
payable on the same day of each subsequent month as the
Date. It is the intent of the parties that this Second
Monthly Rent shall be made payable to Mamii+-- et -
Properties, Inc., and shall be delivered to,I-04 Lighthouse
monthly net Rent of Epljr
Iles tax, payable without
thly basis, to be due and
iy of the Commencement
:-hicc,, e JMZ Tequesta -7�'
Jupiter, Florida 33469. R X
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 _ _ _,...- ...�--
�Qp� � Amendment to Lease Agreement
Effective Date set forth in Section 13.15 below. The
Amendment to Lease shall commence upon the Effective
Date") and shall extend Cnonth tQ. for a period ,&�
gE:jff&, through and Uptil November 2LI021, live-(5) fie;
Section 8.02 Renewal of Lease Agreement.
This 5_v: &i-A Amendment to Lease Agreement
periods of time upon mutual agreement of the parties.
Section 13.15 Effective Date of Agreement.
This &colld l Amendment to Lease Agreement i
the approval of the Village Council of the Village ofTequest
on the date when signed by all parties and approved by the V
of Tequesta. Such approval by the VILLAGE shall be e
delivery of the Sgr4Qgd First Amendment to Lease Agreeme
(�5 thi days of the approval by the Village Council of I
ction 3: Eliaminatort of Riul,1t vfEirll,..ef sal.
Pursuant to Section 13.16 of the First Amended Agreement
amend the First Amended Agreement of Lease to eliminate the VII
3
be effective upon the
of this con
j F4fst
(the "Commencement
be renewed for additional
expressly contingent upon
and shall become effective
[age Council of the Village
idenced by execution and
t to LESSORS within f,
e Village of Tequesta.
Lease, the parties desire to
,GE'S right of first refusal
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 po ion thereof, with no money
being due to the VILLAGE for park improvements. shall ve4he Fi-jxk
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 fora 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: j"MZ.s
`', ��� eI 1► i
18903 SE Federal Highway
TNuesta. FL 33469
field
upiteF-F-1, ;;469
(b) if to the VILLAGE at:
Jeremy Allen , Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
4
with a copy to:
Keith W. Davis, Esquire
Davis & Assoc iates. Ge fbettr ix, hiti
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Any party hereto may change the address for service of ni
hereunder upon ten (10) days prior written notice. All notic
effective and deemed to have been duly given only upon rc
notice is being given, said receipt being deemed to have occur
hand delivery occurs, or such date as the postal authorities sli
been delivered, refused, or undeliverable, as evidenced by the
Section 4: All Other Provisions Remain.
Except as specified in Sections One (1) through Four (4) of
Lease Agreement, each and every other section and subsection of
Lease, as amended by the First Amendment to Lease Agreement, sh
effect and shall be binding on the parties hereto pursuant to the tt
Second Amendment to Lease Agreement.
IN WITNESS WHEREOF, the parties hereto have duly
to Lease Agreement as of the day and year first above written.
ATTEST:
MAIN STREET VILLA{
JMZ TEQUEST,A PROP
ATTEST: VILLAGE OF TEQUESI
y:
Lori McWilliamsA-UP,,. _ Frank D'Ambra, 11
Village Clerks 7'�c
lNCO pp t1,.
. 5
P.A.
;es required or permitted
given hereunder shall be
ipt by the party to which
J upon such date as actual
I show the notice to have
rn receipt.
is Second Amendment to
ie original Agreement of
I remain in full force and
ns and conditions of this
this First Amendment
, INC., and
,TIES, INC.
kL4-�-
1, Mayor
0
illage