SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AMENDMENT TO LEASE AGREEMENT between SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA (School Board) and The Joseph Littles-Nguzo-Saba, Inc. Charter School (Tenant)
AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE made and entered into, by and between SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic, existing under the laws of the State of Florida (the "School Board") and The Joseph Littles-Nguzo-Saba Charter School, Inc. as defined by Florida charter school law and a Florida non- profit corporation (''Tenant''). RECITALS: WHEREAS, School Board, in its capacity as Sponsor, and Tenant are parties to that certain Renewal Charter School Charter dated August 23, 2004 (the "Charter Contract"), which governs the Tenant's operation as a charter school in Palm Beach County, Florida; WHEREAS, the School Board is the owner of certain real property situated in Palm Beach County, Florida, at 7071 Garden Road and known as former Inlet Grove High School, which property is depicted in Exhibit "A" attached hereto (hereinafter "the School"); and WHEREAS, on September 22, 2010, the School Board approved leasing a portion of the School to Tenant beginning August 18, 2010 and expiring on December 23, 2010 (the "Lease"); and WHEREAS, Tenant has requested that the School Board amend the Lease to permit Tenant to occupy a different portion of the School's campus, on a temporary basis and extend the term of the Lease to facilitate Tenant's use for charter school purposes. WITNESSETH: NOW, THEREFORE, in consideration of the rental reserved herein, the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows : The foregoing recitals are true and correct and incorporated herein by reference. Terms not defined herein shall have the same meaning as ascribed to them in the Lease. 1. Section 1.01 is hereby amended to provide that on December 23, 2010,
Tenant shall vacate and deliver possession to Building #3, the original Leased Premises under the Lease, and the Leased Premises shall become Building #1 and the cafeteria located within a portion of Building #2 of the School, as more particularly depicted on Exhibits "B", "B-1" and "B-2", attached hereto and made a part hereof. 2. Section 1.02 is hereby deleted in its entirety and replaced with the following : The term of this Lease shall commence on December 24, 2010 (the "Commencement Date") and shall extend until June 30, 2011 (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. Tenant acknowledges that the School Board has represented that this is an interim lease and it will not be renewed or extended. Upon expiration of the Term, Tenant covenants that it will not seek payment or reimbursement from the School Board for any costs and expenses incurred, including but not limited to moving costs. Tenant's acknowledgment and covenant is a material inducement to the School Board entering into this Amendment. 3. Article X is hereby amended to add the following provision: Tenant authorizes the School Board to deduct and withhold $4,665.00 each month from the Tenant's Operational Funds received from the Department of Education as reimbursement for any and all utility fees paid by the School Board on behalf of Tenant during the Term of the Lease. These funds shall be retained by the School Board as an offset to the utilities paid by the School Board in lieu of the direct payment by Tenant in accordance with the Lease. Following the expiration of the Lease, the School Board shall reconcile the actual utility costs incurred to the actual amounts withheld. In the event that the actual costs exceed the amount withheld, the School Board is authorized to withhold the difference from future payments of Tenant's Operational Funds. In the event the actual costs incurred are less than the amount withheld, the School Board shall credit the difference to future payments of Tenant's Operational Funds. This provision shall be retroactive to Tenant's occupancy of Building #3 on August 18, 2010. 4. Except as specifically modified by this Amendment, all of the terms, conditions and provisions of the Lease not amended herein shall remain unmodified, in full force and effect, and are hereby ratified, confirmed and adopted by the parties. (REMAINDER OF PAGE INTENTIONALLY BLANK)
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and year first above written. Date of Execution The Joseph LittJes-Nguzo Saba Charter SchoOl, Inc_, a Flo -d non-prom corporation By: ATIEST Its' (Signature) -~~--------------- (Title) (Signature) (Title) ATIEST. By' _ Arthur C. Johnson. Ph D.. Superintendent SCHOOL BOARD OF PALM BE ACH COUNTY, FLORIDA, a corporate body politic By: --~-~--~------ Frank Bar ieri. Jr., Esq. Chairman (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIE Y BY ~' ~ School Board Attorney
SCHEDULE OF EXHIBITS EXHIBIT "B" and "B-1" Inlet Grove Community High School Buildings and Building #1. EXHIBIT "B-2" Inlet Grove Community High School Building #2 -------- -
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