2011-31 Tennis Pro Shop Lease Agreement AmendmentRESOLUTION 2011-31
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO
THE LEASE AGREEMENT .WITH TENNIS AND MORE, LLC, TO
CONDUCT TENNIS PRO SHOP SERVICES AT THE VILLAGE TENNIS
CENTER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE SAME; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on September 24, 2009, the Village entered into a Lease Agreement to Conduct
Tennis Pro Shop Services at the North Palm Beach Tennis Center ("Lease Agreement") with
Tennis and More, LLC; and
WHEREAS, the Lease Agreement expires on September 30, 2011, and Village Administration is
recommending approval of an Amendment to Lease Agreement to extend the term of the lease
and modify the schedule of rent; and
WHEREAS, the Village Council determines that the execution of the Amendment to Lease
Agreement is in the best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby
approves the Amendment to Lease Agreement to Conduct Tennis Pro Shop Services at the North
Palm Beach Tennis Center with Tennis and More, LLC, a copy of which is attached hereto and
incorporated herein, and authorizes the Mayor and Village Clerk to execute the Amendment to
Lease Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 14th DAY OF JULY. 2011.
(Village Seal)
,,
MAYOR
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ATTEST:
•
VILLAGE CLERK
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AMENDMENT TO LEASE AGREEMENT
TO CONDUCT TENNIS PRO SHOP SERVICES AT
THE NORTH PALM BEACH TENNIS CENTER
THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this ~~day
of , 2011 by and between the VILLAGE OF NORTH PALM BEACH, a
Florida mun' ipal corporation, 501 U.S. Highway 1, North Palm Beach, FL 33408, hereinafter
referred to as "VILLAGE", and TENNIS AND MORE, LLC, a Florida limited liability
company, 145 Bella Vista Way, Royal Palm Beach, FL 33411, hereinafter referred to as
"LESSEE".
WITNESSETH
WHEREAS, on September 24, 2009, the VILLAGE and LESSEE entered into a Lease
Agreement to Conduct Tennis Pro Shop Services at the North Palm Beach Tennis Center ("Lease
Agreement"); and
WHEREAS, the term of the Lease Agreement expires on September 30, 2011, and the
parties wish to execute an Amendment to the Lease Agreement to extend the term and modify
the Schedule of Rent.
NOW, THEREFORE, in consideration of the mutual benefits and promises set forth in
herein and in the Lease Agreement and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Section 2 of the Lease Agreement ("Term") is modified to read as follows:
Upon expiration of the initial term on September 30, 2011, the term of the
Lease shall be extended for an additional two years commencing on October 1,
2011 and ending on September 30, 2013. Thereafter, the Lease Agreement shall
automatically renew for additional one (1) year terms commencing on October 1,
2013 and October 1St of each successive year unless either party gives written
notice of its intent to renew at least sixty (60) days prior to the commencement of
any successive term. Nothing set forth herein shall be construed to prevent either
the VILLAGE or LESSEE from terminating the Agreement for default as set forth
in Section 18 of the Lease Agreement or the Village from terminating the
Agreement for any or no reason as set forth in Section 19 of the Lease Agreement.
2. Section 14.A of the Lease Agreement ("Schedule of Rent") is modified to read as
follows:
Commencing October 1, 2011, LESSEE agrees to pay and the Village
agrees to accept as rent for the Premises the sum of SEVEN HUNDRED AND
FIFTY-SIX DOLLARS ($756.00). Rent shall be paid in consecutive monthly
installments on the first day of each month as further described below, plus all
sales, use and other specified taxes and charges, if any. The rent paid by LESSEE
commencing October 1, 2012 and for each successive term of the Lease
Agreement shall be negotiated by the parties.
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3. All remaining provisions of the Lease Agreement, to the extent not modified
herein, shall remain in full force and effect and be binding on the parties. In the event of an
express conflict between the Lease Agreement and this Amendment, the terms of this
Amendment shall control.
4. This Amendment shall be effective upon execution by both parties hereto.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date
first above written.
VILLAGE:
Witnesses:
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Prin ame: ~L~ STaE~
Print Name:
VILLAGE OF NORTH PALM BEACH
By:
ARYL AU Y, Mayor,;~~~~~~
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(VILLAGE SEAL) ~~~
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ATTEST: .' ~''~, ~~`"
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By:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
VILLAGE ATTORNEY
LESSEE:
Witnesses:
Gam.
Print Name: i~T~E 7~t~~E
Print Name:
TENNIS AND MORE, LLC, a Florida
limited liability co any
By:
James Bew ey, naging Member
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