PLACEMENT: Consent
TITLE:
title
CHILDREN’S MUSEUM OF THE TREASURE COAST, INC. REQUESTS A THIRD AMENDMENT TO THE LEASE AGREEMENT FOR THEIR FACILITY AT INDIAN RIVERSIDE PARK IN JENSEN BEACH
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EXECUTIVE SUMMARY:
executive summary
This is a request for the approval of a Third Amendment to Lease Agreement between Martin County and Children’s Museum of the Treasure Coast, Inc. (“Children’s Museum”), by adding approximately 0.89 acres of vacant land adjacent to the current leased area to accommodate the addition of a proposed Planetarium and Discovery Science Center.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Children’s Museum of the Treasure Coast, Inc.; Tammy Calabria, Executive Director; Richard Baron, Board President
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Amendment drafted by:
Martin County
2. Parties to the Amendment:
Martin County - Lessor
Children’s Museum of the Treasure Coast, Inc. - Lessee
3. Purpose of the Amendment:
To add approximately 0.89 acres more or less of vacant land adjacent to the Current Premises, to accommodate the addition of a Planetarium and Discovery Science Center
4. New/Renewal/Modification:
Modification
5. Duration:
Lease termination date of August 8, 2060, with the option to extend the Term for two (2) additional ten (10) year terms
6. Benefits to Martin County:
Provide a community children’s hands-on interactive museum with programs in art, math, science and technology
7. Cost to Martin County:
Administrative costs
In 2005, the Children’s Museum entered a 25-year Lease with the County to lease the former Chapel/Auditorium at Indian Riverside Park (IRSP). In 2012, the Lease Agreement was amended by First Amendment to add additional land to the lease area for a total of approximately 0.81 acres. In 2016, the Lease Agreement was further amended by Second Amendment to extend the term of the Lease and to further clarify the obligations of the parties. The expiration date of the Lease is currently August 8, 2060.
On February 20, 2024, the BOCC approved the plan to move forward with the planning process to construct a Planetarium and Discovery Science Center. The County and Children’s Museum have agreed to further amend the Lease through a Third Amendment to Lease Agreement, to add approximately 0.89 acres of vacant land adjacent to the current leased area, on which the Children’s Museum plans to construct, maintain and make available for public access a Planetarium and Discovery Science Center.
The parties have agreed the Children’s Museum will begin construction of the Planetarium and Discovery Science Center within seven (7) years of the execution of the Third Amendment.
The proposed new lease area is located adjacent to a new decorative fountain being constructed at the direction of the Parks & Recreation Department. The additional lease area for the future Planetarium and Discovery Science Center may be adjusted slightly if the fountain and any equipment used in the workings and maintenance of the fountain are found to encroach upon the new lease area.
The County purchased the IRSP property with funding the Florida Communities Trust (FCT). The terms of the Grant Award Agreement between FCT and Martin County (# 96-038-P7A) requires written approval from FCT for any lease, interest or proposed uses at IRSP. Staff is working with FCT to obtain formal approval of the additional space and proposed use and we await their formal approval.
In addition, the Third Amendment provides for an extension period for the term of the Lease, to allow for two (2) additional ten (10) year terms at the expiration of the Lease.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine if it is consistent with applicable law, and legal staff have identified and addressed legal risks and developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the Third Amendment to Lease Agreement between Martin County and Children’s Museum of the Treasure Coast, Inc., and authorize the Chairman to execute any documents necessary to complete this transaction.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Third Amendment to Lease Agreement
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.