R19-099 1 RESOLUTION NO. R19-99
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN A SECOND AMENDMENT TO LEASE BETWEEN THE
5 CITY OF BOYNTON BEACH AND DUKE PGC AT QUANTUM 1-9,
6 LLC.; AND PROVIDING AN EFFECTIVE DATE.
7 WHEREAS; on April 17, 2018 the City Commission, via Resolution R18-065,
8 approved and authorized the Mayor to sign Lease documents for temporary space needed for
9 City Services to operate during construction of the Town Square Project; and
10 WHEREAS, pursuant to the First Lease Amendment for the 2045 High Ridge Road
11 location(temporary Police Headquarters) the lease term was set to expire on February 3, 2020
12 with the ability to extend the Lease for one (1) additional one (1) year period; and
13 WHEREAS,staff has negotiated a Second Amendment to the Lease to extend the lease
14 term to July 31,2020 which will allow the Police Department to remain at its current temporary
15 location until the completion of the new Police Department Headquarters scheduled to be
16 completed during the second quarter of 2020; and
17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
18 recommendation of staff,deems it to be in the best interests of the City residents to approve and
19 authorize the Mayor to sign the Second Amendment to Lease with Duke PGC at Quantum 1-9,
20 LLC.,to extend the term of the Lease for 2045 High Ridge Road to July 31, 2020.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
23 Section 1. Each Whereas clause set forth above is true and correct and incorporated
24 herein by this reference.
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25 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
26 approve and authorize the Mayor to sign the Second Amendment to Lease with Duke PGC at
27 Quantum 1-9, LLC., to extend the term of the Lease for 2045 High Ridge Road to July 31,
28 2020, a copy of the Second Amendment to Lease is attached hereto as Exhibit"A".
29 Section 3. That this Resolution shall become effective immediately upon passage.
30 PASSED AND ADOPTED this / day of , 2019.
31 CITY OF BOYNTON BEACH, FLORIDA
32
33 YES NO
34
35 Mayor— Steven B. Grant ✓
36
37 Vice Mayor—Justin Katz ✓
38
39 Commissioner—Mack McCray t/
40
41 Commissioner— Christina L. Romelus t/
42
43 Commissioner—Ty Penserga
44
45 VOTE S-6�
46 ATTEST:
47 ,
48 4.,
49 Cr tal Gibson, MC
50 City Clerk
51
52 (Corporate Seal)
53
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SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE(this "Amendment")is made as of the day of
,2019,by and between DUKE PGC AT QUANTUM 1-9,LLC,a Delaware limited
liability company("Landlord"),and CITY OF BOYNTON BEACH,FLORIDA,a municipality of the
State of Florida("Tenant").
WITNES SETH:
WHEREAS,Landlord and Fantasy Chocolates,Inc. ("Original Tenant")heretofore entered into
that certain Lease dated April 23,2012(the"Original Lease")for the lease of approximately 30,000
square feet of space, located at 2045 High Ridge Road,Boynton Beach,Florida 33426,within Gateway
Center, said space being more particularly described therein(the"Leased Premises"); and
WHEREAS, Original Tenant heretofore assigned all of its interest under the Original Lease to
Tenant; and
WHEREAS,Landlord and Tenant heretofore entered into that certain First Amendment to Lease
dated May 23,2018 (the"First Amendment";the Original Lease and the First Amendment being referred
to hereinafter,collectively,as the"Lease");and
WHEREAS,Landlord and Tenant desire to amend the Lease to,among other things, extend the
Lease Term,which is scheduled to expire by the terms of the Lease on February 3,2020.
NOW,THEREFORE, for and in consideration of Ten and No/100 Dollars($10.00)and other
good and valuable consideration in hand paid by each party hereto to the other,the receipt and sufficiency
of which are hereby acknowledged,the parties hereto do hereby agree as follows:
1. Incorporation of Recitals and Definitions. The above recitals are hereby incorporated
into this Amendment as if fully set forth herein. All capitalized terms used herein but undefined shall
have the meaning as defined in the Lease.
2. Lease Term. The Lease Term is hereby extended through and including July 31,2020.
3. Minimum Annual Rent. Commencing as of February 4,2020(the "Extension Date"),
Section 1.01(d)of the Lease is hereby modified to reflect that Minimum Annual Rent shall be as follows:
02/04/2020—07/31/2020 $91,249.14(prorated amount shown)
4. Monthly Rental Installments. Commencing as of the Extension Date,Section 1.01(e)of
the Lease is hereby modified to reflect that Monthly Rental Installments shall be as follows:
02/04/2020—07/31/2020 $15,475.00
5. Option to Extend. Tenant's option to extend the Lease Term set forth in Section 17.01 of
the Lease is hereby deleted in its entirety and shall be of no further force or effect.
6. Condition of Leased Premises. Tenant acknowledges and agrees that Tenant is accepting
possession of the Leased Premises for the extension term in"AS-IS" condition and except as expressly
provided herein,no free rent,moving allowances,tenant improvement allowances or other financial
concessions contained in the Lease shall apply to the Lease Term,as extended hereby.
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7. Brokers. Except for CBRE,Inc.and Duke Realty Services,LLC each representing
Landlord,whose commissions shall be paid by Landlord,Landlord and Tenant each represents and
warrants to the other that neither party has engaged or had any conversations or negotiations with any
broker,finder or other third party concerning the matters set forth in this Amendment who would be
entitled to any commission or fee based on the execution of this Amendment. Landlord and Tenant each
hereby indemnifies the other against and from any claims for any brokerage commissions and all costs,
expenses and liabilities in connection therewith,including,without limitation,reasonable attorneys'fees
and expenses,for any breach of the foregoing. The foregoing indemnification shall survive the
termination of the Lease for any reason.
8. Representations and Warranties.
(a) Tenant hereby represents and warrants that(i)Tenant is duly organized,validly existing
and in good standing(if applicable)in accordance with the laws of the jurisdiction under which it was
organized;(ii)Tenant is authorized to do business in the jurisdiction where the Leased Premises is
located; and(iii)the individual(s)executing and delivering this Amendment on behalf of Tenant has been
properly authorized to do so,and such execution and delivery shall bind Tenant to its terms.
(b) Landlord hereby represents and warrants that(i)Landlord is duly organized,validly
existing and in good standing(if applicable)in accordance with the laws of the jurisdiction under which it
was organized; (ii)Landlord is authorized to do business in the jurisdiction where the Leased Premises is
located; and(iii)the individual(s)executing and delivering this Amendment on behalf of Landlord has
been properly authorized to do so,and such execution and delivery shall bind Landlord to its terms.
9. Examination of Amendment. Submission of this instrument for examination or signature
to Tenant does not constitute a reservation or option,and it is not effective until execution by and delivery
to both Landlord and Tenant.
10. Incorporation. This Amendment shall be incorporated into and made a part of the Lease,
and all provisions of the Lease not expressly modified or amended hereby shall remain in full force and
effect. As amended hereby,the Lease is hereby ratified and confirmed by Landlord and Tenant. To the
extent the terms hereof are inconsistent with the terms of the Lease,the terms hereof shall control.
(SIGNATURES CONTAINED ON THE FOLLOWING PAGE(S))
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IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed as of
the date first set forth above.
LANDLORD:
WITNESSES: DUKE PGC AT QUANTUM 1-9,LLC,
a Delaware limited liability company
By: Duke Realty Limited Partnership,
Printed Name: an Indiana limited partnership,its
managing member
By: Duke Realty Corporation,an
Indiana corporation,its sole general
Printed Name: partner
By:
Name:
Title:
Date of execution:
TENANT:
WITNESSES: CITY OF BOYNTON BEACH,FLORIDA,a
municipality of the State of Florida
Printed Name: By:
Name:
Title:
Printed Name: Attest:
Name:
Title:
Date of execution:
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