2014-22 Termination of Tennis Pro Shop Lease AgreementRESOLUTION 2014 -22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING THE TERMINATION OF
THE TENNIS PRO SHOP LEASE AGREEMENT BETWEEN THE VILLAGE
AND TENNIS AND MORE, LLC 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 with Tennis and More, LLC,
as modified by an Amendment dated July 14, 2011 ( "Lease Agreement "); and
WHEREAS, the parties have agreed to execute a document terminating the Lease Agreement,
yet reserving to the Village the right to seek all available remedies for Tennis and More's default
of the terms of the Lease Agreement; and
WHEREAS, the Village Council determines that the termination of the 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 termination of the Lease Agreement and authorizes the Mayor and Village Clerk to
execute the Termination of Tennis Pro Shop Lease Agreement, a copy of which is attached
hereto and incorporated herein.
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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to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 27th DAY OF MARCH, 2014.
(Village Seal)
ATTEST:
VILLAGE CLERK
QAJ�Ad 0 a—,Q,
AYOR
TERMINATION OF TENNIS PRO SHOP
LEASE AGREEMENT
THIS TERMINATION OF LEASE AGREEMENT is made and entered into this o27 /h
day of /MA /wl-I , 2014 ( "Effective Date ") by and between the VILLAGE OF
NORTH PALM BEACH, a Florida municipal corporation, 501 U.S. Highway One, 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 ".
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
( "Premises "); and
WHEREAS, on July 14, 2011, the parties entered into an Amendment to the Lease
Agreement to extend the term through September 30, 2013, provide for automatic renewals and
modify the Schedule of Rent; and
WHEREAS, the VILLAGE and LESSEE mutually wish to terminate the Lease
Agreement, as modified by the Amendment (hereinafter referred to as "Lease Agreement "),
pursuant to the terms and conditions set forth below.
NOW, THEREFORE, the parties hereby agree as follows:
A. The foregoing recitals are ratified as true and incorporated herein.
B. VILLAGE and LESSEE hereby agree to terminate the Lease Agreement as of the
Effective Date set forth above.
C. LESSEE acknowledges that as of the Effective Date, LESSEE in default of the
terms of the Lease Agreement for failure to pay rent and property taxes as required by the
Agreement. LESSEE further acknowledges that is unable to cure such default and waives any
notice thereof required under the Lease Agreement. The execution of this document does not
relieve LESSEE of its default or otherwise impair the VILLAGE's right to seek the remedies
provided for such default as set forth in Section 18 of the Agreement, which shall survive
termination of the Lease Agreement.
D. LESSEE shall have three (3) days from the Effective Date to remove all personal
property from the Premises and surrender the Premises as required by Section 21 of the Lease
Agreement. Any personal property not removed by LESSEE shall become the property of the
VILLAGE in accordance with Section 18.1) of the Lease Agreement.
Page 1 of 2
IN WITNESS WHEREOF, the parties have executed this Termination of Tennis Pro
Shop Lease as of the date first above written.
(VILLAGE SEAL)
ATTEST:
By:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
VILLAGE ATTORNEY
Witnesses:
Print Name.
Print Name:
VILLAGE:
VILLAGE OF NORTH PALM BEACH
By:
DARRYL C UBREY
MAYOR
LESSEE:
TENNIS AND MORE, LLC, a Florida
limited liabilit comp
By:
Page 2 of 2
JAMES BEW EY)
MANAGInfr'MEN=R