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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_05/08/2008Version 1 FIRST AMENDMENT TO TWO-YEAR LEASE AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY COUNTY FIRE RESCUE STATION 11 THIS FIRST AMENDMENT to the above-referenced Agreement is made and entered into this day of , 2008, effective June 7, 2008 (the "Effective Date"), by and between the Village of Tequesta, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida, 33469, organized in accordance with the laws of Florida, hereinafter referred to as the "Landlord", and Palm Beach County, a political subdivision established in accordance with the laws of the State of Florida with principal address at 301 North Olive Avenue, West Palm Beach, Florida, 33401, hereinafter referred to as the "County." WHEREAS, the Landlord and the County entered into an agreement for the lease of certain real property owned by the Landlord on June 6, 2006 [R2006-0986] (the "Lease Agreement"); and WHEREAS, the Lease Agreement will expire on June 6, 2008 in accordance with its own terms; and WHEREAS, the County desires to extend the Lease Agreement for a period of approximately sixteen (16) months or until September 30, 2009 and the Landlord agrees to such an extension with the consideration that the existing building would automatically become the property of the Landlord free and clear of all liens and/or encumbrances as of September 30, 2009. NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants and payments hereinafter set forth, the Landlord and the County agree as follows: SECTION 1: Section 1.02. Length of Term and Effective Date. is hereby revised to read as follows: Section 1.02 Length of Term and Effective Date. The term of this Lease Agreement shall commence on the Effective Date and shall extend 1 until September 30 2009 unless sooner terminated pursuant to the provisions of this Lease Agreement. SECTION 2: Section 3.04. Surrender of Premises. is revised to read as follows: Section 3.04. Surrender of Premises. Upon expiration of the Lease Agreement on September 30, 2009 or upon default by the County in accordance with Section 10.01. or cancellation by the County in accordance with Article XII, or for termination by the Countv any other reason. whatsoever, the Building and improvements currently existing on the Landlord's real property located at 465 Seabrook Road, Teauesta, Florida 33469 shall automatically become the property of the Landlord; which Building and improvements shall be surrendered to the Landlord in broom clean condition, with the County's personal property removed. SECTION 3: Section 15.18. Effective Date of Lease. is hereby revised to read as follows: Section 15.18. Effective Date of Lease. The Effective Date of this Lease Agreement shall be June 7.2008. SECTION 4: This First Amendment shall be attached to the current Lease Agreement which was entered into by and between the Landlord and the County on June 6, 2006 and shall become a part thereof. All other sections of the Lease Agreement shall remain in full force and effect as set forth in the Lease Agreement and there shall be no changes to the Lease Agreement with the exception of those items specifically set forth in this First Amendment. Further, the parties agree as follows: A. This First Amendment may be modified only by the mutual and written consent of both parties. 2 B ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk [COUNTY SEAL] PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Addie Greene, Chair APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: County Attorney ATTEST: Lori McWilliams, CMC, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Trela White, Village Attorney By: Fire-Rescue VILLAGE OF TEQUESTA Pat Watkins, Mayor [VILLAGE SEAL] Y:\docs\TequestaWgreements\1stAmend-Tequesta&PBC-version I-08.doc If any provision or any portion contained in this First Amendment is held unconstitutional, invalid or unenforceable, the remainder of this First Amendment, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 3 Version 2 FIRST AMENDMENT TO TWO-YEAR LEASE AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY COUNTY FIRE RESCUE STATION 11 THIS FIRST AMENDMENT to the above-referenced Agreement is made and entered into this day of , 2008, effective June 7, 2008 (the "Effective Date"), by and between the Village of Tequesta, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida, 33469, organized in accordance with the laws of Florida, hereinafter referred to as the "Landlord", and Palm Beach County, a political subdivision established in accordance with the laws of the State of Florida with principal address at 301 North Olive Avenue, West Palm Beach, Florida, 33401, hereinafter referred to as the "County." WHEREAS, the Landlord and the County entered into an agreement for the lease of certain real property owned by the Landlord on June 6, 2006 [R2006-0986] (the "Lease Agreement"); and WHEREAS, the Lease Agreement will expire on June 6, 2008 in accordance with its own terms; and WHEREAS, the County desires to extend the Lease Agreement for a period of approximately sixteen (16) months or until October 1, 2009 and the Landlord agrees to such an extension with the consideration that the existing building would automatically become the property of the Landlord free and clear of all liens and/or encumbrances as of October 1, 2009 and that the Landlord be paid the existing MSTU rate per unit for Fire/Rescue Services provided by the Landlord to any property located in the County's service area. NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants and payments hereinafter set forth, the Landlord and the County agree as follows: SECTION 1: Section 1.02. Length of Term and Effective Date. is hereby revised to read as follows: Section 1.02 Length of Term and Effective Date. The term of this Lease Agreement shall commence on the Effective Date and shall extend until October 1. 2009 unless sooner terminated pursuant to the provisions of this Lease Agreement. 1 SECTION 2: Article II. Rent. shall be amended to provide for a new title and shall be amended to provide for amendments to Section 2.01, an amended title for Section 2.02 an for an entirely new Section 2.03; providing that Article II. shall hereafter read as follows: ARTICLE II RENT; PAYMENT FOR SERVICES Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of ONE DOLLAR ($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. The annual rent of $1.00 is contingent upon the County's continued participation in the Emergency Services Agreement for Automatic Mutual Aid Assistance and Dispatch Services dated April 5, 2005, attached as Exhibit "C" and the Chief's Letter of Understanding dated August 1, 2005, attached as Exhibit "D". A contravene of any either of these documents, unless mutually agreed upon by both parties, shall be grounds to open negotiations on the Annual Rent. In the event such negotiations occur, both parties agree to meet within sixty (60) days to attempt to re-negotiate this section of the agreement. The Emergencv Agreement for Automatic Mutual Aid Assistance and Dispute Services dated April 5. 2006 (Exhibit Cl and the Chief's Letter of Understanding dated August 1, 2005 (Exhibit Dl shall remain in full force and effect during the term of this Lease Agreement but shall expire with this Lease Agreement. It is anticipated that a new Mutual Aid Agreement will be entered into by and between the parties with terms more relevant to the changed circumstances due to the expiration of the Lease Agreement. Section 2.02 Payment of Rent. All rent due hereunder shall be payable in advance on or before the Effective Date and on each anniversary thereafter during the term of this Lease Agreement. County is atax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or charged with Annual Rent. Payment of Rent will be made upon the receipt of an invoice from Landlord mailed to the Palm Beach County Finance Department at P.O. Box 4036, West Palm Beach, Florida 33402. Each invoice must be received at least fifteen (15) days but 2 not more than thirty (30) days in advance of the date payment is due. Payment will be mailed to Landlord at the address set forth in Section 15.04 of this Lease Agreement. Section 2.03 Payment for Services. The County shall nay Landlord for all Fire Rescue Services rendered by Landlord in the County's service areas, whether they be in incomorated or unincomorated areas, at the MSTU rate per unit in effect for the County's service area(sl at the time the services are rendered. Payment shall be made on a monthly basis by the fifteenth (1 Sthl of each month. County service areas for which Landlord is responsible for rendering services are set forth on Exhibit E which is attached hereto and made a Hart hereof. SECTION 3: Section 3.04. Surrender of Premises. is revised to read as follows: Section 3.04. Surrender of Premises. Upon expiration of the Lease Agreement on October 1, 2009 or upon default b the County in accordance with Section 10.01. or cancellation by the County in accordance with Article XII. or for termination by the County any other reason, whatsoever, the Building and improvements currently existing on the Landlord's real property located at 465 Seabrook Road, Teauesta, Florida 33469 shall automatically become the property of the Landlord; which Building and improvements shall be surrendered to the Landlord in broom clean condition with the County's personal property removed. SECTION 4: Section 15.18. Effective Date of Lease. is hereby revised to read as follows: Section 15.18. Effective Date of Lease. The Effective Date of this Lease Agreement shall be June 7, 2008. SECTION 5: This First Amendment shall be attached to the current Lease Agreement which was entered into by and between the Landlord and the County on June 6, 2006 and shall become a part thereof. All other sections of the Lease Agreement shall remain in full force and effect as set forth in the Lease Agreement and there shall be no changes to the Lease Agreement with the exception of those items specifically set forth in this First Amendment. 3 Further, the parties agree as follows: A. B. ATTEST: SHARON R. BOCK, Clerk & Comptroller This First Amendment may be modified only by the mutual and written consent of both parties. If any provision or any portion contained in this First Amendment is held unconstitutional, invalid or unenforceable, the remainder of this First Amendment, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. By: Deputy Clerk [COUNTY SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney ATTEST: Lori McWilliams, CMC, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Addie Greene, Chair APPROVED AS TO TERMS AND CONDITIONS By: Fire-Rescue VILLAGE OF TEQUESTA Pat Watkins, Mayor [VILLAGE SEAL] Trela White, Village Attorney Y:\docs\Tequesta\AgreementsU stAmend-Tequesta&PBC-version 2-08.doc 4