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EDA adopts early‑termination clause for Market 5 leases and applies it in Sweet Hummingbird Bakery request
Summary
The EDA approved adding a three‑month minimum, 30‑day notice and two‑month penalty early‑termination provision to Market 5 leases and used that new clause to deny a unilateral release request by Sweet Hummingbird Bakery, offering the new terms instead.
The Charles City County Economic Development Authority voted May 7 to amend Market 5 lease documents to add a formal early‑termination provision requiring tenants to remain on lease for at least three months, provide 30 days' notice and pay a two‑month penalty for early termination.
Director Cynthia Boone read a request from Sweet Hummingbird Bakery (Ms. Burton) seeking release from her Market 5 lease without penalties after contractor work prevented use of her home kitchen. Attorney Lockaby advised the existing lease contains no automatic subleasing or early‑termination clause and that the EDA has a duty to mitigate damages if a tenant vacates early. Dr. Brandy Rollins moved to add the early‑termination language and the motion passed unanimously. Mr. Johnston then moved to deny Ms. Burton’s original request and instead offer her the new termination conditions; that motion also passed unanimously.
Board members discussed alternative options before voting, including temporary use of a county commercial kitchen once certified, the county’s role in maintenance and the possibility of finding a replacement tenant so the EDA would not lose rental income. Chairman Arnold Brown cautioned that releasing Ms. Burton without conditions could create a precedent for future requests. The amendment and its immediate application to Ms. Burton were approved by unanimous voice vote.
