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R2019-28 Community Development Department Office SpaceRESOLUTION 2019-28 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT WITH ICV NPB, LLC FOR EXISTING SPACE WITHIN VILLAGE SQUARE PLAZA FOR USE BY THE COMMUNITY DEVELOPMENT DEPARTMENT TO EXTEND THE TERM AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 2013-67 on December 12, 2013, the Village Council approved a five-year Lease Agreement with ICV NPB, LLC to occupy two suites totaling approximately 2,400 square feet for the Village's Community Development within Village Square Plaza, located at 420 U.S. Highway One within the Village; and WHEREAS, through the adoption of Resolution No. 2018-100 on November 8, 2018, the Village Council approved an amendment to the Lease Agreement to occupy an additional suite within the Plaza for the remainder of the lease term through March 31, 2019; and WHEREAS, the Village and ICV NPB, LLC have agreed to execute a Second Amendment to the Lease Agreement to extend the term an additional five years through March 31, 2024, and the Village Council determines that the approval of the Second Amendment to 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 hereby approves a Second Amendment to the Lease Agreement with ICV NPB, LLC, a copy of which is attached hereto and incorporated herein by reference, to extend the term for an additional five years. The monthly rent, exclusive of the adjustment for real estate taxes and insurance, shall be $4,611.05 for the first year of the extended term. Section 3. All resolutions or parts thereof in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 28TH DAY OF MARCH, 2019. (Village Seal) ATTEST: VILLAGE CLERK n4 VMAYb�k SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT is made and entered into this 19 +ay of *L, ., 2019 to that certain Lease Agreement dated December 12, 2013 between ICV4NPB, LLC., a Florida limited liability company having a place of business at 30 Main Street, Suite 401, Burlington, Vermont (hereinafter referred to as "Landlord") and the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State of Florida, with its principal place of business at 501 U.S. Highway One, North Palm Beach, Florida (hereinafter referred to as "Tenant"). RECITALS: WHEREAS, on December 12, 2013, the parties executed a Lease Agreement for the leasing of Suites 18 and 21 (mistakenly identified as Suite 27 in Section 1(A) of the Agreement but correctly identified in the Exhibit) at Landlord's multi -tenant retail shopping center known as Village Square Plaza located at 420 U.S. Highway One, North Palm Beach, Florida (hereinafter known as "Building"); and WHEREAS, through the execution of a First Amendment to the Lease Agreement, Tenant added Suite 16 of the Building, having approximately 878 rentable square feet ("Expansion Space"), to the existing Lease Agreement of approximately 2,400 rentable square feet; and WHEREAS, the Lease Agreement shall expire on March 31, 2019 and there is currently no option for renewal to extend the term of the Lease Agreement; and WHEREAS, the Landlord and Tenant wish to extend the Term of the Lease. NOW THEREFORE, in consideration of the mutual covenants set forth in the Lease Agreement and this First Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: The above recitals are true and correct. 2. Landlord and Tenant agree to extend the term of the Lease Agreement for an extended term of five (5) years commencing April 1, 2019 and expiring on March 31, 2024. 3. The Demised Premises shall consist of Suites 18, 21 and 16 of the Building, with a combined rentable square footage of approximately 3,278 square feet. 4. The monthly Base Rent for the first year of the extended Term shall be $4,611.05. The rent shall be increased in the second (2°d) year on the anniversary of the commencement date, and each subsequent year of the extended tern by three ( 3%) annually. 5. Tenant shall pay monthly an adjustment for Real Estate Taxes and Insurance over the Base Year of 2014 for extended term of the Lease. Page 1 of 2 6. All other terms of the Lease Agreement, to the extent not expressly not modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed this First Amendment the day and year cited above. (.Cli4lic � . Witness itness Attest: Village Clerk Approved as to Form and Legal Sufficiency: Village Attorney ICV NPB LLC By C�r� Paul Sprayregen, Managing Member VILLA OF NORTH PALM BEACH By _UM4Aj P " ayor Page 2 of 2