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Home My WebLink AboutAgreement_General_06/03/2008y O ~'~~ACB a • • O R19/ Facilities Development & Operations Department Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach. FL 33411-5605 (561) 233-0200 FAX: (561) 233-0210 www.pbcgov.comlfdo June 18, 2008 Village of Tequesta 250 Tequesta Drive Suite 300 Tequesta, FL 33469 VIA CERTIFIED MAIL 7003 2260 0007 1928 4883 RETURN RECEIPT REQUESTED ~;I---AGE O~ ~EQUEST,~ JUN 2 5 ~~~::~; ~3cPA~iT4?+ C~JI~iflAUNIITY Ut.. ~ ~ ._~>.~~;~+„; +. RE: First Amendment Lease Agreement, R2006-0986, dated ~ June 6, 2006, for leased space at 465 Seabrook Road in Tequesta, Florida Palm Beach County Board of County Commissioners Dear Village Manager: Addie L. Greene. Chairperson Enclosed for your records, please find Agenda Item 3H-7, and an Jeff Koons, Vice Chair original copy of the First Amendment, 82008-0968, to the Lease Karen T. Marcus Agreement referenced above. Robert J. Kanjian Please do not hesitate to contact me at (561) 233-0231 should you have Mary McCarty any questions. Burt Aaronson Jess R. Santamaria Sincerely i `"~~JC,4. ~~_~~~ ~ County Administrator Martha LaVerghetta Robert Weisman Property Specialist Enclosures iin6qualOpportunity cc: Richard C. Bogatin, Property Management Manager, PREM Rte,-,nan~eA~honEmp~oy~-° Ted Simmons, Property Specialist, PREM Mike Southard, Deputy Chief, Fire Rescue G:AProperty Mgnu SectionAOut LeaseAFire Res STN #I 1 TequestaAIst Amend\Letter.AmendPackage.061808.doc printed on recycled paper ,` r ' , t D R2008: 09 68 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 SUN Q ~ 2~~8 , 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 until Se tember 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. pop expiration of the Lease Agreement on September 30. 2009 or upon default by the Countv in accordance with Section 10.01. or cancellation by the Countv in accordance with Article XII. or for termination by the Countv for anv other reason. whatsoever. the Building and improvements currently existing on the Landlord's real propertv located at 465 Seabrook Road Teauesta. Florida 33469 shall automatically become the propertv of the Landlord; which Building and improvements shall be surrendered to the_Landlord in broom clean condition. with he County's personal propertv remov SECTION 3: Section 15.18. Effective Date of Lease. is hereby revised to read as follows: Section 15.18. Effective Date of Lease. Th Eff tiv D t f thi A reem n s 11 b une 7 0 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 Deputy [COUNTY SEAL] 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. X20086 o9 b$ JUN032008 `,,,,,,,,,~~,.,~„ PALM BEACH COUNTY, FLORIDA r`,-~ Y.. C~'''~aM1 BY ITS BOARD OF COUNTY COMMISSIONERS =off ..... •. "'-~ ~ V:• BEq~, ~i~, . ti . IfNTY ,~ : ~ p : _; ~ ~ '~ebo~ --- . a APPROVED AS TO FORM AND LEGAL SUFFICIENCY ., By: oun orney ATTEST: Lori McWilliams, CMC, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ /~ ~ ~~~ Trela White, ViWage Attorney Addie Greene, Chair Addie L. Greene, Chairperson APPROVED AS TO TERMS AND CONDITIONS -~ ~~ ~°`~ By: Fire-Rescue VILLAGE OF TEQUESTA t Pat Wat~~~~s~ Mayor SEAL INCORPORATED Y:\docs\Tequesta\Agreements\1stAmend-Tequesta&PBC-version I-08.doc 3 Agenda Item #: . ~ $$ • ~$ kw. PALM BEACH COUNTY Tj/ ~ g 1: BOARD OF COUNTY COMMISSIONERS »~`~• ~ ~ ~ a~~ i;~ ~ ~° ~~'' AGENDA ITEM SUMMARY ~ ~ °`~' Meeting Date: June 3, 2008 [X] Consent [ ]Regular [ ]Ordinance [ ]Public Hearing Department• Facilities Development & Operations I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve: a First Amendment to Two-Year Lease Agreement (R2006-0986) with the Village of Tequesta, dated June 6, 2006, for the continued use of Fire Rescue Station No. 11 located at 465 Seabrook Road, in Tequesta. Summary: The County, on behalf of the Fire Rescue Department, currently leases a 3,206SF ;,, 'building at 465 Seabrook Road, in Tequesta for the operation of Fire Rescue Station No. 11. This Amendment extends the term of the Lease until September 30, 2009, unless sooner terminated. The annual rent is $1.00 per year. (PREM) District 1 (HJ~ Background and Justification: Since 1976, fire rescue services have been provided to the northeast portion of the County through a 30-year Lease between the Village of Tequesta and the Jupiter Fire Control District which expired on June 24, 2006. In 1983, under Ordinance 83-23, the Palm Beach County Fire Rescue Department assumed all assets and responsibilities of the Jupiter Fire Control District. Under this Ordinance and upon expiration of the Lease between the Village and the Jupiter Fire Control District, the County and the Village entered into a new lease agreement in 2006 for a term of two (2) years. The current Lease expired on June 5, 2008, and this Amendment was delayed while Fire Rescue and the Village negotiated an extension. This Amendment will allow the fire station to remain in operation at the site until September 30, 2009. At the expiration or earlier termination of the Lease, the building, land, and its improvements shall revert to the Village of Tequesta. The donation of the building to the Village will save the County demolition and associated site restoration costs. Attachments: 1. Location Map 2. First Amendment to Two-Year Lease Agreement 3. Budget Availability Statement Recommended By: Approved By: ~~~ ~~, Date S'~3d/ ~ unty Administrator Date II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2008 2009 2010 2011 2012 Capital Expenditures Operating Costs 1.00 External Revenues Program Income (County) In-Kind Match (County) NET FISCAL IMPACT ~ 1.00 # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget: Yes x No Budget Account No: Fund 1300 Dept 440 Unit 4231 Object 4401 Program B. Recommended Sources of Funds/Summary of Fiscal Impact: C. Departmental Fiscal Review: III. REVIEW COMMENTS A. OFMB Fiscal and/or Contract Development Comments: FMB 5" o~ U U C, Contract Deve p ent d o tr i~~ O ~ ~ ~~~~~ ~r~~ ? ~s~~P .~°ta ~ciertdr~I~tit CGII~ j3~i;;; '~yyy~ B. Legal Sufficiency: ~~~~ ~~~~~~~ r~quir~rit~a~. Assist t unty Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 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' ~ ~~ •~ ~K~p R DR g 3 ~~ G~G~,~ ~ OLD JUPITER BEACH RD = g /~ D\P ?c MTRACOASTAL POINTE J' 9 `^ DR 4 JtJF'ITEf{ ' ~'~~AL L ~ RD N LONGVIEW DR ~3 _ ~ ~ ~ ~~~ ~ ~ _ r .. Al 4 o -~- ~_ LONGVIEW ~ ' ° " CT ~ ~ w ~ ~ _ ~ ~r~ z = ~ ~ <. ~ ~. OLES I INSON 1 T ~ ~ y ~ ~O yF y~i ,~, ,yo , ~~ ' m p VILLAS N THE GRE o ~ co` ~ ` ~ ~ "r cove DR FO$ rF .~ Fs i N . Hf`l,~aJ J 2 i ~~' LAN I`Jta y ; ABREEZE TpEGA m . CI `^ y CC~I k tl ~ CIR. I ~ i A Ciiy W C ~ ~ ~ ~ ~ F C,\0. 0 , (. ~ ~. ; j 5 F 1_OCAT = ON 14'lAP a C.,;J h f- Y°' BUDGET AVAILABILITY STATEMENT REQUEST DATE: May 19, 2008 Martha Laver hetta Pro er S ecialist FD&O - PREl~'~ REQUESTEI ZY. ~ ~ SENT TO: Bonnie Stein Financial Analyst III Fire Rescue PROJECT NAME: 1St Amendment, Fire Rescue Station #11 (Tequesta) IS ITEM INCLUDED IN CURRENT BUDGET: YES X NO BUDGET ACCOUNT NO: FUND: 1300 DEPT: 440 .UNIT: 4231 OBJ: 4401 PROGRAM: FIVE YEAR SUMMARY OF FISCAL IMPACT: FISCAL YEARS 2008 2009 2010 2011 2012 . CAPITAL EXPENDITURES OPERATING COSTS $ 1.00 EXTERNAL REVENUE PROGRAM INCOME (COUNTY) IN KIND MATCH (COUNTY) NET FISCAL IMPACT $ 1__.00 _ PROPOSED BCC MEETING DATE: June 17, 2008 D BY: ,,~'1 ,.,~`--~-' _ DATE: ,~.i /~ ~'f J~' BAS APPROVE G:\Property Mgmt Section\Out Lease\Fire Res STN #11 Tequesta\lst Amend\BAS.051908.doc