HomeMy WebLinkAboutAgreement_General_07/07/2010 �% FLAGLER
June 14, 2010
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Village of Tequesta
3y f - 2tWTequesta Drive,- Suite-399—
Tequesta, FL 33469
Re: Real Estate Lease (File #281 -1 -2b) dated 7/11/2006 by and between FDG Flagler Station II LLC,
as Lessor ( "Lessor ") and Village of Tequesta, as Lessee ( "Lessee ")
Dear Mr. Garlo:
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, 2010 and extend through July
10, 2011. 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 rental rate for the Renewal Term will be $7,938, 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 cancellation.
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 below. In addition, please forward an updated Insurance Certificate
for our file naming FDG Flagler Station II LLC and Florida East Coast Railway, L.L.C. as additional insureds.
If you have any questions, please contact me at 904 -565- 4135.
Sincerely,
Sharon Toomey
Lease Manager — Land Management =
Alm
ACKNOWLEDGED AND ACCEPTED:
Village of Tequesta
_?" - _ day of v 201
By: �T
Print Name and Title •
10151 Deerwood Park Boulevard /Building 100 /Suite 330 /Jacksonville, FL 32256
Tel (904) 565 -4100 / (904) 565 -4148 / www.flagierdev.com
ACKNOWLEDGMENT AND AGREEMENT
The undersigned acknowledges notice of the lien and security interest of
Lender and hereby confirms that the undersigned has received no notice of any other
pledge or assignment of the Rent and will honor the above instructions.
VILLAGE OF TEQUESTA
By: -
Name:
Title:
Dated as of: rS tf , 201D
15425977.2. BUSINESS
FLAGLER
10151 Deerwood Park Boulevard I Building 100, Suite 330
Jacksonville, FL 32256
December 16, 2009
VILLAGE OF TEQUESTA
ATTN GARY PRESTON - PUBLIC WKS
P O BOX 3273
TEQUESTA, FL 33469
Re: Blanket License Agreement Tenant ID # 30005140 (the "License ") between
Florida East Coast Railway, L.L.C., as Licensor, and VILLAGE OF TEQUESTA-,_
as Licensee, concerning premises at various locations along the right -of -way of
the Florida East Coast Railway
Dear Mr. Preston,
You are a party to the referenced License granting you rights to use or occupy certain
referenced properties of Florida East Coast Railway, L.L.C. ( "FECR "). In 2007, FECR assigned
all rents and fees payable under the License to FDG ROW Holdings LLC, an affiliate of Flagler
Development Group, and the Licensee has been administered by Flagler since then. This is to
notify you that, as a result of a recently completed financing transaction, effective December 11,
2009, all rights, title and interest in the License have now been assigned to FDG Flagler Station
II LLC ( "FDG "), another affiliate of Flagler Development Group.
This latest assignment will change the location for delivery of your payments of rent, but
otherwise no other aspects or administration of the Lease will change. I will remain your
primary person administering the License and your contact person for any questions that may
arise. As always, I can be reached at (904) 565 -4128.
In connection with the change in payment delivery direction, attached you will find a
notice from FDG containing the revised lockbox address information. Following your review of
the attached notice, please sign the Acknowledgment and Agreement attached as page 2 thereto
and return that page to me at your earliest convenience. Thank you for your assistance.
Sincerely,
7�
Bruce L. Baker
Assistant Director — Lease Management
FDG Flagler Station II LLC
c/o Florida East Coast Industries, Inc.
2855 LeJeune Road, 4th Floor
Coral Gables, FL 33134
VILLAGE OF TEQUESTA December 11, 2009
ATTN GARY PRESTON - PUBLIC WKS
P O BOX 3273
TEQUESTA, FL 33469
RE: Blanket License Agreement Tenant ID # 30005140 between Florida East
Coast Railway, L.L.C., as Licensor, and VILLAGE OF TEQUESTA as
Licensee, concerning premises at various location along the right -of -way
of the Florida East Coast Railway
Gentlemen:
This letter shall constitute notice to you that the undersigned has granted a lien
and security interest in the captioned license and all rents, additional rent and all other monetary
obligations to licensor thereunder (collectively, "Rent ") in favor of Bank of America, N.A., as
lender ( "Lender "), to secure certain of the undersigned's obligations to Lender. The
undersigned hereby irrevocably instructs and authorizes you to disregard any and all previous
notices sent to you in connection with Rent and hereafter to deliver all Rent to the following
address:
Wachovia Bank, National Association
PO Box 864638
Orlando, FL 32886 -4638
Account Name: FDG Flagler Station II LLC as Borrower, and Bank of America,
N.A., as Lender, pursuant to Loan Agreement dated as of December 11, 2009 -
Lockbox Account
Account No.: 2000050317466
ABA #: 063107513
The instructions set forth herein are irrevocable and are not subject to
modification in any manner, except that Lender, or any successor lender so identified by Lender,
may by written notice to you rescind the instructions contained herein.
Sincerely,
FDG Flagler Station II LLC
By:
Name: Kolleen Cobb
Title: Vice President
15425977.2. BUSINESS