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Delray Beach CRA approves conditional mutual termination of Nicole's House lease; authorizes eviction if tenant fails to vacate by Feb. 1
Summary
The CRA approved a mutual termination with the tenant at 182 Northwest 5th Avenue (Nicole's House / Jerk and Lime) conditioned on the tenant vacating by Feb. 1, and authorized the city attorney's office to begin eviction proceedings if the tenant does not vacate as promised.
CRA staff told the board Jan. 28 that tenant Jerk and Lime (operating as Nicole's House at 182 Northwest Fifth Avenue) has been in a prolonged buildout and has not signed a mutual-termination agreement despite indicating an intent to vacate.
Renee Jadissing explained that the CRA had previously authorized funds to complete a kitchen buildout, but the construction quotes to finish the commercial kitchen exceeded $100,000. Given the high cost and the tenant's uncertain schedule, staff recommended terminating the lease by mutual agreement and reverting the property to a less-intensive office use if the tenant left. The CRA attorney asked the board to approve mutual termination conditioned on the tenant vacating by Feb. 1 and, should the tenant fail to vacate, to authorize the city's legal office to initiate eviction proceedings.
The board approved the conditional mutual termination and the eviction authorization on recorded roll-call votes.
Why it matters: the decision clears title and space for the CRA to repurpose a historic building without undertaking a six-figure kitchen completion; staff said converting the site back to office use would be significantly less costly than completing a restaurant-grade buildout in the historic structure.
Staff will not move forward with additional buildout work pending tenant vacatur and resolution of the mutual-termination document. Jadissing said staff will continue to seek prospective tenants and will revisit buildout funding only once the CRA has clear possession and a defined program for the property.
Quoting the attorney during the discussion, the board was asked to "consider approving the mutual termination conditioned upon the fact that she vacates premises by February 1st. Failing that, you authorize our office to initiate an eviction proceeding to evict the tenant." The motion passed on a roll-call vote.
Ending: Staff will monitor the tenant's departure and pursue eviction only if the tenant fails to vacate by the Feb. 1 date; the board deferred any decision on additional buildout until possession is secured.
