HomeMy Public PortalAbout2002-13 Second Addendum to Lease Agreement with Tesaurus Holdings, IncRESOLUTION NO. 2002-13
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE SECOND
ADDENDUM TO THE LEASE AGREEMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council and the owner of property at 200 Crandon Boulevard have
entered, in accordance with Resolution 2001-56 adopted by the Village Council on August 20, 2001,
into a lease that permits the construction of playing fields and a parking lot on the subject property.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. The recitals stated above are hereby confirmed and adopted.
Section 2. That the Second Addendum to the Lease Agreement, in substantially the form
attached, is hereby approved and the Village Manager, Village Clerk and the Village Attorney, in
their respective capacities are authorized and directed to execute the Agreement on behalf of the
Village and are authorized to take any all action necessary to immediately implement all of the
purposes and intent of this Resolution and attached Lease Agreement and are authorized to make
revisions to such agreement as are deemed necessary and proper for the best interests of the Village.
Section 4. Commencement Date. The provisions of the Addendum to Lease Agreement
relating to Section 1.2 of the Lease are hereby deleted in their entirety and replaced by the following:
"It is understood by both parties that the time is of the essence regarding the "Commencement Date"/
"Commencement Date" is defined as the date of substantial completion of the improvements (as
defined) but not to exceed beyond May 1, 2002. After that date, this Lease shall be considered null
and void in its entirety".
Section 4. Effective Date. That this Resolution shall be effective immediately from and
after adoption hereof.
PASSED AND ADOPTED this 5th day of March , 2002.
T:
C • CHITA H. ALVAREZ, CMC, VILLAG
APPROVED AS TO FORM AND LEGAL SUF
.,.... 1.A.A.),
',H JAY W]
RI ISS, VILLAGE ATTORNEY
2
SECOND ADDENDUM 'r0 LEASE AGREEMENT
THIS SECOND ADDENDUM TO LEASE AGREEMENT (this "Second Addendum")
is made and entered into as of the 7 day ox , 2002 by and between TESAURUS
HOLDINGS, INC., a Florida corporation, whose mailing address is 240 Crandon Boulevard,
Suite 212, Key Biscayne, Florida 33149 ("Landlord") and the VILLAGE OF KEY BISCAYNE,
a Florida municipal corporation, whose mailing address is 85 West McIntyre Street, Key
Biscayne, Florida 33149 ("Tenant").
RECITALS
1, Landlord and Tenant entered into that certain Lease Agreement dated August 17,
2001, as amended by that certain Addendum to Lease Agreement dated October 5, 2001 (the Lease
Agreement and the ,Addendum to Lease Agreement arc hereinafter referred to as the "Lease").
2. Landlord and Tenant desire to amend the Lease as set forth in this Second
Amendment.
NOW, THEREFORE, in consideration, of the rents and agreements set forth herein, and
intending to he legally bound hereby, Landlord and Tenant agree as follows:
1. Second Addendum Controls. In the event of any conflict between this Second
Addendum and the Lease, it is agreed that this Second Addendum shall control.
2. This Lease. All references herein to "this Lease" shall include this Second
Amendment.
3. Commencement Date. Theprovisions of the .Addendum to Lease Agreement
relating to Section 1.2 of the Lease are hereby deleted in their entirety and replaced by the
following:
"It is understood by both parties that time is of the essence regarding the
"Commencement Date." "Commencetent Date" is defined as the date of
Substantial Completion of the Improvements (as defined) but not to exceed beyond
May 1, 2002. After that date, this Lease shall be considered null and void in its
entirety."
4. Ratification. Except as modified by this Second Addendum, the Lease remains in
full force and effect between the parties. Reference is made to that certain letter from Ellen Blasi to
Sam Kissinger dated February 15, 2002, and that certain letter from Steven W. Zelkuwitz to Ellen.
IIlasi dated February 19, 2002 (collectively, the "Correspondence"). The parties hereby revoke,
rescind and cancel the Correspondence and any purported termination of the Lease associated
therewith.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day
and year first above written,
WITNESSES:
Name: ,16,/.tT ,L &v6
.10
VILLAGE OF KEY BISCAYNE,
a Florida municipal corporation
Village Attorney
Samuel Kissinger,
Village Manager
1-
APPROVED:
2
TESAURUS HOLDINGS, INC., a Florida
corporation
By:
Name: .�7TJ __C, -.rC 44 t .t/i, A
Title: 4'f J 9,4,-i-
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