HomeMy WebLinkAbout2021-209Mattress Firm # 052123
AMENDMENT TO LEASE
This Amendment to Lease (this "Amendment') is made to be effective December 14 , 2021
between Indian River County ("Landlord"), and Mattress Firm, Inc. ("Tenant').
RECITALS
WHEREAS, Landlord and Tenant executed that certain lease agreement dated 3/19/2010 (as amended
from time to time thereafter, the "Lease"), in regard to certain premises containing approximately 4800 square
feet of leasable floor area located at 1919 U.S. Highway 1, Sebastian, FL, as more particularly described in the
Lease; and
WHEREAS, Landlord extended lease with Amendment to Lease, approved and executed by Board of
County Commissioners on November 6, 2018.
WHEREAS, the term of the Amendment to Lease should expire on April 30, 2022: due to the 2020
pandemic Landlord agreed to two month rent abatement extending the Lease thru June 30, 2022; and
WHEREAS, Landlord and Tenant desire to modify certain terms and conditions of the Lease.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged and confessed, Landlord and Tenant hereby agree
as follows:
1. Landlord and Tenant acknowledge and agree that the current term of the Lease is set to expire
as of 6/30/2022. Landlord and Tenant further acknowledge and agree that notwithstanding anything to the
contrary contained in the Lease, base rent for the remainder of the current term through such revised date shall
be $11.78 per square foot or $56,544.00 annually, payable in 12 monthly installments of $4,712.00.
2. Landlord and Tenant acknowledge and agree that, following the expiration of the current term,
the new lease term shall be five (5) year period from 7/1/2022 to 6/30/2027 (the "Option Term"), and base rent
for the Option Term shall be $13.50 per square foot or $64,800.00 annually, payable in 12 monthly
installments of $5,400.00. Further, Landlord and Tenant acknowledge and agree that there is no option to
extend the Lease past the stated Option Term.
3. Notwithstanding anything to the contrary contained in the Lease, Landlord and Tenant
acknowledge and agree that any notices required or permitted to be sent to Tenant under the Lease shall be
addressed as follows:
Tenant:
Mattress Firm # 052123
C/o Mattress Firm, Inc.
10201 South Main Street
Houston, Texas 77025
Attention: Real Estate Department
With a copy of default notices, if any, to:
Mattress Firm # 052123
C/o Mattress Firm, Inc.
10201 South Main Street
Houston, Texas 77025
Attention: Lease Admin. Department
MATTRESS FIRM AMENDMENT - # 052123
4. Landlord and Tenant each represents to the other that the party signing this Amendment on its
behalf has the authority to do so and has received all necessary consents and approvals to enter into the agreement
set forth in this Amendment and such agreement shall be binding upon Landlord and Tenant and their respective
successors and assigns.
5. Except as modified as set forth in this Amendment, all of the terms and provisions of the Lease
remain unchanged and in full force and effect and Landlord and Tenant ratify and confirm same. Landlord and
Tenant acknowledge and agree that the Lease, as modified by this Amendment, sets forth the entire agreement
between Landlord and Tenant. In case of any conflict between the terms and provisions of the Lease and the
terms and provisions of this Amendment, the terms and provisions of this Amendment shall control.
6. This Amendment may be executed in counterparts, each of which shall constitute an original,
and which together shall constitute one and the same agreement. This Amendment may be executed or delivered
by electronic or facsimile means, and copies of executed signature pages stored electronically in portable
document format (.pdf) shall be binding as originals. Neither party shall record this Amendment without the
express prior written consent of the other.
7. All terms and definitions used in this Amendment not herein defined are to be given the
definition of the term as provided in the Lease, unless specifically stated otherwise.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the day
and year first above written.
See Attached Landlord Signature Page Tenant:
Mattress Firm, Inc.
By: ,
Name: n���,`_ 1 i4 uvw
Its: r V � 4— (Sz Lt s[� /t Ly1M 3 G
MATTRESS FIRM -AMENDMENT - # 052123
IN WITNESS WHEREOF, the Landlord has executed this Amendment as of the
Effective Date.
BOARD OF COUNTY COMMISSIONERS
INDIAN VER COUNTY, FLORIDA
BY: 21) : J;
Peter D. O'Bryan, Chair*n A
omy
BCC Approved: December 14, 2021 ��A
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By: \ 'u- Gat -'
Deputy Clerk
Approved as to form and legal sufficiency
#/", C/kz�'
William K. DeBraal
Deputy County Attorney
Approved:
By
Jason rown
Coun dministrator