R18-089 1 RESOLUTION NO. R18-89
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN A LEASE AGREEMENT WITH THE BOYNTON BEACH
5 COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY TO
6 LEASE THE PROPERTY AT 115 NORTH FEDERAL HIGHWAY;
7 AND PROVIDING AN EFFECTIVE DATE.
8 WHEREAS; the CRA currently owns the building at 115 North Federal Highway and
9 has subleased a portion of it to the Boynton Beach Congregational United Church of Christ,
10 Inc.; and
11 WHEREAS, as part of the Town Square project and the relocation of City Hall, the
12 City wishes to lease the remaining part of the building through December 31, 2020 while new
13 buildings are constructed as part of the public/private project; and
14 WHEREAS, by entering into this Lease Agreement it will allow the City to move the
15 Library temporarily during construction and keep the Library in the downtown area.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18 Section 1. Each Whereas clause set forth above is true and correct and incorporated
19 herein by this reference.
20 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
21 approve and authorize the Mayor to sign a Lease Agreement with the Boynton Beach
22 Community Redevelopment Agency for the City to lease the poperty at 115 North Federal
23 Highway for the use of the Library temporarily during the construction of the Town Squre
24 project, a copy of the Lease Agreement is attached hereto as Exhibit"A".
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25 Section 3. That this Resolution shall become effective immediately upon passage.
26 PASSED AND ADOPTED this 3rd day of July, 2018.
27 CITY OF BOYNTON BEACH, FLORIDA
28
29 YES NO
30
31 Mayor— Steven B. Grant
32
33 Vice Mayor—Christina L. Romelus
34
35 Commissioner—Mack McCray
36
37 Commissioner—Justin Katz
38
39 Commissioner—Joe Casello
40
211
41 VOTE —'0
42 ATTEST:
43
44
45 .ut dye-
46 �
Judit . Pyle, CMC
47 City Jerk
48
49
50 (City Seal)
51
C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet
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L IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above
written or have caused this Lease to be executed by their respective officers thereunto duly
authorized.
Signed, sealed and delivered in the presence of:
WITNESSES: LANDLORD:
/4 1
BOYNTON BEACH COMMUNITY
REDEVE •P NTA NCY Asp
iA ' , " - 1 nsr-mmmtt By: 0 ( ii
2 \ Name:_ ;Warn,
'Ti`�'G ^d� i l` Title: `l.i. ►r• A
WITNESSES: TENANT:
THE CITY OF BOYNTON BEACH
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By: " MI
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Page 9 of 9
01004139-3
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LLEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of , 2018, by and
between the Boynton Beach Community Redevelopment Agency, whose add ss is 710 North
Federal Highway, Boynton Beach, FL 33435 (hereinafter referred to as "Landlord") and The City
of Boynton Beach, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425,
(hereinafter referred to as "Tenant").
ARTICLE I -GRANT OF LEASE
Landlord, in consideration of the rents to be paid and the covenants and agreements to be
performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does
hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto
and by reference made a part hereof (the "Leased Premises"), together with all improvements
located therein as more fully described below.
ARTICLE II - LEASE TERM
The term of this Lease shall begin on the 0- day of 2018, and shall
terminate on December 31, 2020. The Parties agree that Tenan may terminate this Lease upon
L 30 days notice should the construction of the permanent library facilities be completed and
available for occupancy.
ARTICLE III - EXTENSIONS
The parties hereto may elect to extend this Agreement for an additional one year term
(terminating on December 31, 2021) as may be mutually agreed upon in writing and signed by
the parties at the time of any such extension.
ARTICLE IV- DETERMINATION OF RENT
The Tenant agrees to pay the Landlord and the Landlord agrees to accept,during the term hereof,
at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the
following rates and times:
The annual rent shall be payable in advance in equal monthly installments of Ten and 00/100
Dollars ($ CO •bO ) per month, on the first day of each and every calendar month during the
term hereof, and prorata for any fractional portion thereof.
L
Page 1of9
01004139-3
\ S - O
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of , 2018, by and
between the Boynton Beach Community Redevelopment Agency, whose address is 710 North
Federal Highway, Boynton Beach, FL 33435 (hereinafter referred to as "Landlord") and The City
of Boynton Beach, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33425,
(hereinafter referred to as "Tenant").
ARTICLE I -GRANT OF LEASE
Landlord, in consideration of the rents to be paid and the covenants and agreements to be
performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does
hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto
and by reference made a part hereof (the "Leased Premises"), together with all improvements
located therein as more fully described below.
ARTICLE II - LEASE TERM
The term of this Lease shall begin on the day of , 2018, and shall
terminate on December 31, 2020. The Parties agree that Tenant may terminate this Lease upon
30 days notice should the construction of the permanent library facilities be completed and
available for occupancy.
ARTICLE III - EXTENSIONS
The parties hereto may elect to extend this Agreement for an additional one year term
(terminating on December 31, 2021) as may be mutually agreed upon in writing and signed by
the parties at the time of any such extension.
ARTICLE IV- DETERMINATION OF RENT
The Tenant agrees to pay the Landlord and the Landlord agrees to accept,during the term hereof,
at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the
following rates and times:
The annual rent shall be payable in advance in equal monthly installments of Ten and 00/100
Dollars ($ ) per month, on the first day of each and every calendar month during the
term hereof, and prorata for any fractional portion thereof.
Page 1 of 9
01004139-3
ARTICLE V-TAXES
Both Landlord and Tenant are exempt from payment of Florida sales and use tax on real property
rented, transient rental property rented, tangible personal property purchased or rented, or
services purchased.
ARTICLE VI—TENANT IMPROVEMENTS AND UTILITIES
Section 1. Improvements by Tenant. Tenant will prepare plans and specifications (hereafter
"Construction Plans") for the construction of improvements on the property, including the
Leased Premises consistent with the agreed upon conceptual plan set forth in Exhibit"A". Tenant
shall obtain all permits and other authorizations of governmental bodies or authorities which are
necessary to permit the construction of the improvements on the premises and shall keep the
same in full force and effect at Tenant's cost.
Tenant's improvements to the property and Leased Premises as set forth in the Construction
Plans shall be at its expense and include the following:
a. The construction of a new sanctuary, including the relocation or construction of
the alter, pulpit, stained glass, sound system, storage area, new entry way and pews for the
Boynton Beach Congregational United Church of Christ, Inc. (hereafter "Church");
b. The relocation of Church's appliances from the second floor of the building into
the area to be occupied by the Church; and
c. The construction of a new interior wall separating the area to be occupied by the
Church from the remaining first floor space; and
d. All other construction activities and improvements indicated on the Construction
Plans.
Tenant shall, at its cost, obtain or maintain an occupancy permit and all other permits or licenses
necessary for the occupancy of the Leased Premises and the operation of the same as set out
herein and shall keep the same in force.
The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so,
or to have any liens removed from the property within fourteen (14) days of notification to do so
by the Landlord , in addition to all other remedies available to the Landlord , the Tenant shall
indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees,
occasioned by the Landlord in having said lien removed from the property; and, such costs and
expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that
month's regular monthly rental as additional reimbursable expenses to the Landlord by the
Tenant.
Page 2 of 9
01004139-3
Section 2. Utilities. Tenant shall pay for all water,sanitation,sewer,electricity,and other utilities
for the building (all utilities incident to the Church's use and Tenant's use of Leased Premises).
ARTICLE VII - OBLIGATIONS FOR REPAIRS
Section 1. Tenant's Repairs and Maintenance. The Tenant shall be responsible for all
maintenance and repairs required to the building (excluding the interior area being occupied by
the Church), including the roof and mechanical systems including those systems associated with
the area being occupied by the Church. The Tenant shall also be solely responsible for the
landscaping and maintenance of the grounds and parking areas.
Section 2. Landlord's Repairs. The Landlord shall not be responsible for the costs associated
with the repair and maintenance of the property, except for those necessitated as the result of
any act or omission or negligence of the Landlord, its employees, agents, or contractors.
ARTICLE VIII -TENANT'S COVENANTS
Tenant covenants and agrees as follows:
a. To procure any licenses and permits required for any use made of the Leased
Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods
and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the
Leased Premises in good order, repair and condition in all respects.
b. To permit Landlord and its agents to examine the Leased Premises at reasonable
times.
c. To work diligently to complete the improvements set forth in the Construction
Plans and permit Landlord to enter the Leased Premises to inspect said repairs, improvements,
alterations or additions thereto as may be required under the provisions of this Lease.
d. To occupy and conduct all operations solely within the Leased Premises set forth
in Exhibit "A", subject to the provisions of Article XIV, Section 7 below.
ARTICLE IX- INDEMNITY BY TENANT
Subject to applicable Florida law and Florida statute §768.28, the Tenant shall hold Landlord
harmless and indemnify Landlord from all injury, loss, claims, actions or damage to any person or
property while on the Leased Premises and any related expense, including attorney's fees, unless
caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents,
licensees or contractors. Tenant shall maintain, with respect to the Leased Premises,
comprehensive general liability insurance with limits of not less than one million dollars for injury
Page 3 of 9
01004139-3
or death from one accident and $500,000.00 property damage insurance, insuring Landlord and
Tenant against injury to persons or damage to property on or about the Leased Premises. A copy
of the policy or a certificate of insurance, naming Landlord as an additional insured, shall be
delivered to Landlord on or before the commencement date.
ARTICLE X- USE OF PROPERTY BY TENANT
The Leased Premises shall be occupied and used by Tenant exclusively as a library and those uses
incidental thereto.
Nothing herein shall give Tenant the right to use the property for any other purpose or to
sublease, assign, or license the use of the property to any sublessee, assignee, or licensee, which
or who shall use the property for any other use.
ARTICLE XI -SIGNAGE
Section 1. Exterior Signs. Tenant shall have the right, at its sole risk and expense and in
conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if
it shall so elect, signage on the existing monument sign location on the east side of the property
fronting Federal Highway.
Section 2. Interior Signs. Tenant shall have the right, at its sole risk and expense and in
conformity with applicable laws and ordinances,to erect, maintain, place and install its usual and
customary signs and fixtures in the interior of the Leased Premises.
ARTICLE XII - DEFAULT
In the event that:
a. Tenant shall be in default in the payment of rent or other charges herein required
to be paid by Tenant (default herein being defined as payment received by Landlord ten or more
days subsequent to the due date); or
b. Tenant has caused a lien to be filed against the Landlord's property and said lien
is not removed within thirty (30) days of recordation thereof; or
c. Tenant shall default in the observance or performance of any of the covenants
and agreements required to be performed and observed by Tenant hereunder for a period of
thirty(30) days after notice to Tenant in writing of such default(or if such default shall reasonably
take more than thirty (30) days to cure, Tenant shall not have commenced the same within the
thirty (30) days and diligently prosecuted the same to completion); or
d. Tenant has abandoned the premises; or
Page 4 of 9
01004139-3
e. Tenant has been adjudged bankrupt.
Landlord shall be then entitled to its election to exercise concurrently or successively, at
Landlord's absolute discretion, any one or more of the following rights:
Terminate this Lease by giving Tenant notice of termination, in which event
this Lease shall expire and terminate on the date specified in such notice of termination, with the
same force and effect as though the date so specified were the date herein originally fixed as the
termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to
the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under
this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to
Landlord on the date specified in such notice; or
ii. Terminate this Lease as provided herein and recover from Tenant all
damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum
which, at the date of such termination, represents the then value of the excess, if any, of(a) the
Rent and all other sums which would have been payable hereunder by Tenant for the period
commencing with the day following the date of such termination and ending with the date herein
before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable
rental value of the Premises for the same period, all of which excess sum shall be deemed
immediately due and payable; or
iii. Without terminating this Lease, declare immediately due and payable all
Rent and other amounts due and coming due under this Lease for the entire remaining term
hereof, together with all other amounts previously due, at once; provided, however, that such
payment shall not be deemed a penalty or liquidated damages but shall merely constitute
payment in advance of rent for the remainder of said term. Upon making such payment, Tenant
shall be entitled to receive from Landlord all rents received by Landlord from other assignees,
tenants, and subtenants on account of said Premises during the term of this Lease, provided that
the monies to which tenant shall so become entitled shall in no event exceed the entire amount
actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses
and attorney's fees of Landlord incurred in connection with the reletting of the Premises; or
iv. Without terminating this Lease, and with or without notice to Tenant,
Landlord may in its own name but as agent for Tenant enter into and upon and take possession
of the Premises or any part thereof, and, at landlord's option, remove persons and property
therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere
at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or
becoming liable for any loss or damage which may be occasioned thereby,and Landlord may rent
the Premises or any portion thereof as the agent of Tenant with or without advertisement, and
by private negotiations and for any term upon such terms and conditions as Landlord may deem
necessary or desirable in order to relet the Premises. Landlord shall in no way be responsible or
Page 5 of 9
01004139-3
liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any
failure to collect any rent due upon such reletting. Upon such reletting, all rentals received by
Landlord from such reletting shall be applied: first, to the payment of any indebtedness (other
than any rent due hereunder)from Tenant to Landlord; second, to the payment of any costs and
expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and
costs of alterations and repairs; third, to the payment of rent and other charges then due and
unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for
application in payment of future rent as the same may become due and payable hereunder. In
reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be
credited therefore. If such rentals received from such reletting shall at any time or from time to
time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder,
Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option, be
calculated and paid monthly. No such reletting shall be construed as an election by Landlord to
terminate this Lease unless a written notice of such election has been given to Tenant by
Landlord. Notwithstanding any such reletting without termination, Landlord may at any time
thereafter elect to terminate this Lease for any such previous default provided same has not been
cured; or
v. Without liability to Tenant or any other party and without constituting a
constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any
property, material, labor, Utilities or other service, whether Landlord is obligated to furnish or
render the same, so long as Tenant is in default under this Lease; or
vi. Allow the Premises to remain unoccupied and collect rent from Tenant as
it comes due; or
viii. Pursue such other remedies as are available at law or equity.
f. Landlord's pursuit of any remedy of remedies, including without limitation, any
one or more of the remedies stated herein shall not (1) constitute an election of remedies or
preclude pursuit of any other remedy or remedies provided in this Lease Agreement or any other
remedy or remedies provided by law or in equity, separately or concurrently or in any
combination, or (2) serve as the basis for any claim of constructive eviction, or allow Tenant to
withhold any payments under this Lease.
ARTICLE XIII—PARKING
The Tenant shall have use of not less than seventy-one (71) parking spaces located on the west,
south and north side of the building for the operation of the library for the term of this Lease
Agreement.
Page 6 of 9
01004139-3
ARTICLE XIV- MISCELLANEOUS
Section 1. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent
and observing and performing all of the terms, covenants and conditions on Tenant's part to be
observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy
and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or
molestation from Landlord or any persons lawfully claiming through Landlord.
Section 2. Pirate Fest & Mermaid Splash. Tenant has been made aware that the property (but
not the Leased Premises) is utilized by Landlord for the annual Pirate Fest & Mermaid Splash.
Tenant consents to said use during the days of October 27-28, 2018 and October 26-27, 2019,
and surrounding dates for necessary preparation and clean up. Tenant agrees to adjust its hours
of operation as necessary and if required (at Tenant's discretion) to accommodate same.
Section 3. Holding Over. In the event that Tenant or anyone claiming under Tenant shall
continue occupancy of the Leased Premises after the expiration of the term of this Lease or any
renewal or extension thereof without any agreement in writing between Landlord and Tenant
with respect thereto, such occupancy shall not be deemed to extend or renew the term of the
Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the
covenants, provisions and conditions herein contained. The rental shall be the rental in effect
during the term of this Lease as extended or renewed, prorated and payable for the period of
such occupancy.
Section 4. Waivers. Failure of either party to complain of any act or omission on the part of the
other party, no matter how long the same may continue, shall not be deemed to be a waiver by
said party of any of its rights hereunder. No waiver by either party at any time,express or implied,
of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other
provision of this Lease or a consent to any subsequent breach of the same or any other provision.
Section 5. Notices. All notices and other communications authorized or required hereunder
shall be in writing and shall be given by hand delivery or mailing the same by certified mail, return
receipt requested, postage prepaid, and any such notice or other communication shall be
deemed to have been given when received by the party to whom such notice or other
communication shall be addressed. If intended for Landlord the same will be mailed to the
address herein above set forth or such other address as Landlord may hereafter designate by
notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address
herein above set forth, or such other address or addresses as Tenant may hereafter designate by
notice to Landlord.
Section 6. Assignment and Subletting. Lessee shall not assign this Lease, nor sublet the whole
or any part of the Premises without first obtaining the written consent of the Landlord.
Page 7 of 9
01004139-3
Section 7. Availability of Church Premises. Should the area on the first floor being occupied by
the Church become available during the term of this Lease Agreement, Tenant shall be entitled
to occupy said area at no cost to Tenant, providing all costs associated with Tenant's relocation
into, improvement and occupation of the Church premises shall be borne by Tenant.
Section 8. Drop Box. Tenant is authorized to locate and install a drop box on the property for
the return of library materials by its customers (the location of which to not interfere with other
tenants or Landlord's use of the building).
Section 9. Temporary Trailers. As required for additional storage or library use, Tenant is
authorized to located temporary trailers on the property in conformity with applicable laws and
ordinances and consistent with Landlord's use of the building.
Section 10. Invalidity of Particular Provision. If any term or provision of this Lease Agreement
or the application hereof to any person or circumstance shall, to any extent, be held invalid or
unenforceable, the remainder of this Lease, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby, and each term and provision of this Lease shall be valid and be enforced
to the fullest extent permitted by law.
Section 11. Brokerage. The parties represent that no party has acted as, by or through a broker
in the effectuation of this Agreement.
Section 12. Entire Agreement. This instrument contains the entire and only agreement between
the parties, and no oral statements or representations or prior written matter not contained in
this instrument shall have any force and effect.This Lease shall not be modified in any way except
by a writing executed by both parties.
Section 13. Governing Law.All matters pertaining to this agreement(including its interpretation,
application, validity, performance and breach) in whatever jurisdiction action may be brought,
shall be governed by, construed and enforced in accordance with the laws of the State of Florida.
The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue
of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the
event that litigation results from or arises out of this Agreement or the performance thereof,the
parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all
other expenses, whether or not taxable by the court as costs, in addition to any other relief to
which the prevailing party may be entitled.
Page 8 of 9
01004139-3
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above
written or have caused this Lease to be executed by their respective officers thereunto duly
authorized.
Signed, sealed and delivered in the presence of:
WITNESSES: LANDLORD:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Name:
Title:
WITNESSES: TENANT:
THE CITY OF BOYNTON BEACH
By:
Name:
Title:
Page 9 of 9
01004139-3
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'jR ', renovation to the SCHWAB b TWITTY ARCHITECTS.INC.
i Ea ➢d `boynton beach congregational church I EMT 3340 ROYAL PALM WAY
115 north federal highway ALM BEACH.FLORIDA
33460 305/832-5599