R12-085I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
WHEREAS, staff is recommending the City Commission approve the execution of
19 ; the Commercial Lease Agreement between the City of Boynton Beach and Glaston Sims d/b /a
20 Alex Sims Barber Shop for Unit A located at 909 North Seacrest Boulevard.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission of the City of Boynton Beach hereby approves and
27 authorizes the Mayor and City Clerk to execute the Commercial Lease Agreement between the
RESOLUTION NO. R12 - 0S5
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
COMMERCIAL LEASE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND GLASTON SIMS DB /A
ALEX SIMS BARBER SHOP; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in July, 2010, an Assignment of Lease Agreement was entered into
between the Boynton beach Community Redevelopment Agency and the City of Boynton
Beach where the CRA assigned its interest as Landlord for 909 North Seacrest Boulevard to
the City as part of a land swap transaction; and
WHEREAS, Mr. Sims, the tenant in Unit A has contacted the City requesting a rental
relief for his unit due to economic hardship; and
28 City of Boynton Beach and Glaston Sims d /b /a Alex Sims Barber Shop for Unit A located at 909
Document in Windows Internet Explorer
1 North Seacrest Boulevard, a copy of which is attached hereto as Exhibit "A ".
2 Section 3. This Resolution shall become effective immediately upon passage.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
PASSED AND ADOPTED this 21 day of August, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woodrow
ice r — Mack McCray
Commiss' er —
Co missio — Steven Holzman
Commissioner — Marlene Ross
ATTEST:
j Jan M . Prainito, MMC
lerk
Document in Windows Internet Explorer
X!
Commercial Lease Agreement
This Commercial Lease Agreement ( "Lease ") is made and effective this day of October,
2012, by and between CITY OF BOYNTON BEACH, 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 ( "Landlord ") and Glaston Sims ( "Tenant ").
Landlord is the owner of land and improvements commonly known and numbered as 909 North
Seacrest Boulevard, Boynton Beach, Florida 33435 and legally described as:
Lot 145, Block D of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book
4, Page 51, LESS and EXCEPT THAT PART OF Lot 145, Block D which is included in the
external area formed by a 20 foot radius arc which is tangent to the Northerly line of said Lot
145 and tangent to the East line of said Lot 145, of the Public records of Palm Beach County.
Landlord desires to lease approximately _square feet ( "Leased Premises ") of the building to
Tenant and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental
and upon the covenants, conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and other good and
valuable consideration, it is agreed:
1. Term
A. The term of the Lease shall be from month to month commencing October 1, 2012.
B. Either party may terminate the lease on the final day of the month by giving notice no
later than the 10th day of the month proceeding the month intended for termination. By way of
example: Landlord may terminate the lease on June 30, 2012, but must provide Tenant with
notice of termination no later than May 10, 2012.
2. Rental
A. Tenant shall pay to Landlord, commencing as of first day of the month following execution of
this Agreement, monthly rent in the amount of $355.00 per month. Each monthly installment
payment shall be due in advance on or before the first day of each calendar month during the
lease term, with a five -day grace period, to Landlord at Boynton Beach City Hall, Finance
Department, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435. Rental payment
amount for any partial calendar months included in the lease term shall be prorated on a daily
basis. Tenant shall also pay to Landlord a "Security Deposit" equal to two months' rent. A late
fee of Fifty and 00 /100 Dollars ($50.00) shall be applied to any rent payments which are more
than five 5 days late
IBM
Use is limited to a barber shop as that term is defined in Florida Statute Chapter 447, and for no
other purpose.
CADocuments and Settings \stanzionet \Local SeningsUemporary hxtemet Files \OLKE \Conunercial Lease Agreement - Sims Barber Shop.doc
4. Sublease and Assi nment.
This Lease is not assignable and Tenant may not sublease the Leased Premises
5. Repairs.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the
Leased Premises. Landlord is not responsible for any repairs or maintenance of the leased
Premises.
6. Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel,
redecorate, and make additions, improvements and replacements of and to all or any part of the
Leased Premises from time to time as Tenant may deem desirable, provided the same are made
in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to
place and install personal property, trade fixtures, equipment and other temporary installations in
and upon the Leased Premises, and fasten the same to the premises. All personal property,
equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at
the commencement of the Lease term or placed or installed on the Leased Premises by Tenant
thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall
have the right to remove the same at any time during the term of this Lease provided that all
damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's
expense.
7. Proverty Taxes.
A. Tenant shall pay to Landlord fifty percent (50 %) of the proportionate share of the real
property taxes based on the ratio of square footage of the Leased Premises to the total square
footage of the property.
B. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's
personal property at the Leased Premises.
A. If the Leased Premises or any other part of the "Building is damaged by fire or other
casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or
invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant
shall be responsible for the costs of repair not covered by insurance.
B. Tenant shall maintain fire and extended coverage insurance on the Building and the
Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be
responsible, at its expense, for fire and extended coverage insurance on all of its personal
property, including removable trade fixtures, located in the Leased Premises.
CADocuments and Settings \stanzionet \Local SettingsUemporary Intemet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc
C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of
comprehensive general liability insurance with respect to the respective activities of each in the
Building with the premiums thereon fully paid on or before due date, issued by and binding upon
some insurance company approved by Landlord, such insurance to afford minimum protection of
not less than $1,000,000 combined single limit coverage of bodily injury, property damage or
combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or
policies of comprehensive general liability insurance, and Tenant shall provide Landlord with
current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant
shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at
least (10) days prior to such expiration. Landlord shall not be required to maintain insurance
against thefts within the Leased Premises or the Building.
Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and
utilities used by Tenant on the Leased Premises during the term of this Lease. In the event that
any utility or service provided to the Leased Premises is not separately metered, Landlord shall
pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges.
Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the
Leased Premises are designed to provide standard office use electrical facilities and standard
office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical
energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with
electrical services to other tenants.
10. Si ns.
Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any
signs which are permitted by applicable zoning ordinances and private restrictions. Landlord
may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too
large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased
Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining
any necessary permission from governmental authorities or adjoining owners and occupants for
Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased
Premises resulting from the removal of signs installed by Tenant.
11. Entry.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect
the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on
the Leased Premises.
12. Parking.
During the term of this Lease, Tenant shall have the non - exclusive use in common with
Landlord, other tenants of the Building, their guests and invitees, of the non - reserved common
automobile parking areas, driveways, and footways, subject to rules and regulations for the use
thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate
C Oocmnents and Settings \stanzionet\Local Settings \Temporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc
parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's
agents and employees.
13. Damage and Destruction.
If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire,
casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease shall
be deemed terminated as of the date of such damage.
14. Default.
If default shall at any time be made by Tenant in the payment of rent when due to Landlord as
herein provided, and if said default shall continue for fifteen (15) days after written notice
thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the
other covenants or conditions to be kept, observed and performed by Tenant, and such default
shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without
correction thereof then having been commenced and thereafter diligently prosecuted, Landlord
may declare the term of this Lease ended and terminated by giving Tenant written notice of such
intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said
premises. Landlord shall have, in addition to the remedy above provided, any other right or
remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord
shall use reasonable efforts to mitigate its damages.
15. Ouiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder,
Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and
uninterrupted possession of the Leased Premises during the term of this Lease.
16. Condenmation.
If any legally, constituted authority condemns the Building or such part thereof which shall make
the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes
possession, and Landlord and Tenant shall account for rental as of that date. Such termination
shall be without prejudice to the rights of either parry to recover compensation from the
condemning authority for any loss or damage caused by the condemnation. Neither party shall
have any rights in or to any award made to the other by the condemning authority.
17. Securitv Deposit.
The Security Deposit shall be held by Landlord without liability for interest and as security for
the performance by Tenant of Tenant's covenants and obligations under this Lease, it being
expressly understood that the Security Deposit shall not be considered an advance payment of
rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise
provided by mandatory non- waivable law or regulation, Landlord may commingle the Security
Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any
other remedy, use the Security Deposit to the extent necessary to make good any arrearages of
rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such
CADocuments and Settings\stanzionet \Local Settings \Temporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc
application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so
applied in order to restore the Security Deposit to its original amount. If Tenant is not in default
at the termination of this Lease, the balance of the Security Deposit remaining after any such
application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the
Premises during the term of this Lease, Landlord may assign the Security Deposit to the
transferee and thereafter shall have no further liability for the return of such Security Deposit.
Any notice required or permitted under this Lease shall be deemed sufficiently given or served if
sent by United States certified mail, return receipt requested, addressed as follows:
If to Landlord to:
City of Boynton Beach
Attn: Interim City Manager
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
If to Tenant to:
Glaston Sims
Landlord and Tenant shall each have the right from time to time to change the place notice is to
be given under this paragraph by written notice thereof to the other party.
Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and
that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for
real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this
Lease.
20. Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to
take any action on account of such default if such default persists or is repeated, and no express
waiver shall affect any default other than the default specified in the express waiver and that only
for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall
not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
21. Memorandum of Lease.
The parties hereto contemplate that this Lease should not and shall not be filed for record.
C: \Documents and Settings\stanzionet \Local SettingsUemporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc
22. Headings.
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
23. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their
respective legal representatives, successors and assigns.
24. Performance.
If there is a default with respect to any of Landlord's covenants, warranties or representations
under this Lease, and if the default continues more than fifteen (15) days after notice in writing
from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting
any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing
installment or installments of rent payable hereunder until Tenant shall have been fully
reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of
twelve percent (12 %) per annum or the then highest lawful rate. If this Lease terminates prior to
Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued
interest to Tenant on demand.
25. Comvliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now or
hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws,
orders, ordinances and other public requirements now or hereafter affecting the Leased Premises.
29. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject
matter hereof. This Agreement may be modified only by a further writing that is duly executed
by both parties.
30. Governing Law.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of
the State of Florida.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
CADocuments and Settings \stanzionet \Local SettingsUemporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc
CITY:
Elvftmv
I
OVICE OF THEXITY ATTORNEY
WITNES S TO TENANT
BY: A"f
WOODROW HAY, OR
rP
FByy
AL STON SIMS
WITNESS AS TO TE ANW
) Ss.
COUNTY OF
OATH CHERRY-GUSERMAN
MY COMMISSION i tg 267630
EXPIRES: June 'f2,2016
J,
r Banded Thru Budget Notary Semkoo-1 4 A
NOTARY PUBLIC
My Commission Expires: Icy . r ()qo a
C:\Documents and Settings\stanzionet\Local Settings\Temporary Internet Files\OLKE\Commercial Lease Agreement - Sims Barber Shop.doc