LEGAL APPROVAL
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Boynton Commercenter PID -
List of Permitted Uses and Parking Requirements
2. Retail sales are allowed for goods listed under the sections specified in Lei.
above, provided that less than 50% of the goods sold on the premises are sold at
retaiL
D. Operations Center - Requiring a mix of moderate warehouse and increased office
use.
1. Bank Operations Center
2. Insurance Company Records Storage
3. Government Operations Facility
4. Radio/Television Studio
5. Nursing Registries
6. Non-Profit Trade Organization Research and Record Storage Facilities
7. Offices for contractors (work shops and outside storage and truck parking) for
contractors are specifically prohibited, however.
E. Offices
1. PID Leasing Office
2. Satellite Operations Management Offices for any Light Industrial Use Allowed in
Section 8 of the "M-l Industrial District" Zoning Regulations
3. Professional Engineering Offices
II. Uses requiring Environmental Review - See Planning Department for Application.
A. Manufacturing, including compounding, assembling, repair, or treatment of articles or
merchandise from the following previouslY oreoared materials:
1. Cosmetics
2. Drugs
3. Pharmaceutical
4. Paper
5. Plastics
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and components
10. Auto parts and equipment
11. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments, devices and components
14. Furniture
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Boynton Commercenter PID -
List of Permitted Uses and Parking Requirements
15. Precision instruments
16. Engraving, printing, and publishing
B. Warehouse, Distribution, Wholesale
1. Seafood (excluding Processing)
2. Principal uses for any of the manufacturing categories listed under II.A. above.
3. Retail sales are allowed for goods listed under Section II.A.5. above (plastics)
provided that less than 50% of the goods sold on the premises are sold at retail.
III. All uses not specifically listed above are prohibited. Furthermore, the following uses are
expressly prohibited:
1. Fertilizer manufacturing, sale or distribution
2. Millwork
3. Metal casting
4. Welding shops
5. Contractor's shops, storage, or truck parking
6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value
of goods sold from the premises.
7. Any warehouse or wholesale use which is listed in Section 8.A.2.B., 8.A.3.c., or
Section 8.A.5.b. of the "M-l INDUSTRIAL DISTRICT" Zoning Regulations.
Parking Requirement:
Warehouse. distribution. wholesale: One (1) parking space per eight hundred (800)
square feet of gross floor area (subject to the conditions outlined in notes 1-3 below).
Manufacturing: One (1) parking space per two (2) employees, but not less than one (1)
parking space per five hundred (500) square feet of gross floor area (subject to the
conditions outlined in notes 1-3 below),
1. Showrooms associated with the principal use are permitted as an ancillary use.
2. Offices associated with the principal use are permitted as an ancillary use with a
maximum of25% of the total gross floor area devoted to such use.
3. Office floor area which exceeds 25% of the total gross floor area shall be considered a
principal use and shall provide parking at the rate of one (1) parking space per three
hundred (300) square feet of the entire gross floor area devoted to such use.
Operations Center: One (1) parking space per three hundred (300) square feet of gross
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Boynton Commercenter PID _
List of Permitted Uses and Parking Requirements
floor area devoted to office use and one (1) parking space per eight hundred (800) square
feet of gross floor area devoted to warehouse use. Where both office and warehouse uses
are intermixed, parking shall be calculated based on the requirement for office use.
Personal Services and Offices: One (1) parking space per three hundred (300) square feet
of gross floor area.
Michael W. Rumpf
MWR:dim
cc: Don Johnson
Mike Haag
Jose Alfaro
Boynton Commercenter Property Management
Central File
~.'_/'"
J
LFASE AGREEMENT
THI LEASE AGREF.MENT
made and ente ~d into this
and between
and
(hereinafter referred to as the "Lease") is
day of , 198 , by
(herei nafter referred to as "Landlord")
(hereinafter referred to as "Tenant").
WITNESSETH:
THAT LAN wORD, in consideration of the rents, covenants, and
aqreements he -eafter promised and aqreed hy Tenant to he paid and
performed, do s herehy lease, nemise and let to Tenant, and Tenant does
herehy Lease \.-f and from Landlord, the real property hereinafter
described, suhject to the followinq terms and conditions.
ARTICLE I
Description of Property; Term
Section 1.1. Description of Property. Landlor~ leases to Tenant a
portion of the real property known as (hereinafter referred
to as the "Premises") ann leQally described in Exhibi t 1 attached hereto
and indicated on the site plan and floor plan attached as Exhibit 2. The
Premises consist of _____ rentahle square feet and constitutes of
the qross rentahle square footaqe of the Building in Phase
Section 1.2. Tenn. Tf!nant shall have and hold the Premises for a
term of years commencinq on and terminating on
If the term of this Lease co~mences on any day of the
month other than the first day, Rent from such date to the end of such
month shall he prorated accordinq to the number of days in such month and
paid on a per riiem has is, in an vance, on the date the term COJT\Illences. 'rhe
parties hereto agree that when the dates of conunencement and termination
of this Lease are determint~rl, they will execute, prior to occupancy, an
estoppel certificate certifyinq said dates.
Section 1.3. Holdover. Should Tenant hold over and remain in
possession of the Premises at the expiration of any Term hereby created,
Tenant shall, by virtue of this Section, hecome a tenant by the month at
twice the Rent per month of the last monthly installment of Rent above
provided to be paid, which said monthly tenancy shall be subject to all
the condition,; and covenants of this r~ease as thouqh the same had been a
monthly tenan(~y instead of a tenancy as provided herein, and Tenant shall
qive to Landllrd at least thirty (30) days' written notice of any
intention to ~emove form the Premises, and shall be entitled to ten (10)
days' notice 'rom Landlord in the event Landlord desires possession of the
Premises; pro/ided, however, that said Tenant hy the month shall not he
entitlt~rl to t 'n (1l)) (I.IV:;' lIotiCtl in thtl UVtmt tilt) s.lid Ikllt I,; ILdt 1'.1\.\
in advance wi .hout demand, the usual ten (10) ddYs' writL'!1I Ilutie., bUill,!
hereby expres ;ly waived.
ARTICLE II
Rent and IIse of Premises
Section ;-'.1. Rent; Late Charge; Sales Tax. Tenant aqrees to pay
Landlord Rent for the first year of the initial term of this Lease of
("Ba~ Rent") payahle in twelve (12) equal monthly installments of
, 1 advance of the first day of each and every month during the
Term hereof. ',Commencinq on the first anniversary of this Lease and on
each and everJ anniversary date thereafter, the annual Rent shall be
increased by Percent (__\), not includinq any monthly Rent
payment is ne paid wi thin fi ve (5) days after it is due, Tenant agrees to
pay a late cI rqe of 'I'en Ptln:ent (1015) of the amount of the payment due.
Tenant shall ay to Landlorrl all sales or use taxes pertaininq to the Rent
currently Fi' Percent (5~) which shall be remitted hy Landlord to the
Florida DeptH ment of Revenue.
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Section 2.2. PaYMen t \-Ji thou t Notice or Demand. Except as otherwise
providen in this ,ease, thE"> Rent called for hereunder shall be paid to
Landlorc\ without lotice or (h~lT\al\c\, and without counterclaim, offset,
deduction, ilhatet, 'nt, sUSpt~Il~;ion, dt-)ferment, diminution or reduction, by
reason of, and t ! obliqatilllls of 'renant under this Lease shall not be
affected by, any .J:ircumst':U1Ct~ or occurrence whatsoever, and except as set
forth herein, Te1nt hereby waives all riqhts now or hereafter conferred
by statute or otl !rwise to quit, terminate or surrender this Lease or the
Premises or any lrt thereof, or to any abatement, suspensions, defer~ent,
diminution or re, Lction of the Rent on account of any such circumstances
or occurrence.
Section 2.3 Place of Payment. All payments of Rent shall be made
and paid by Tenal . to Landlord at such other place as Landlord may, from
time to time, de~Cfnated in writinq, and sllch Rent shall come due and be
paid in each ins. mce on the date which it may become due. All Rent shall
be payable in th current leqal tender of the IJni ted States, as the same
is then by law c. .Istituted. Any extension, indulgence, or waiver qranted
or permitted by ~..lfidlord in the time, manner or mode of payment of Rent,
upon any occasion, shall not he construed as a continuinq extension of
wai ver and shall not preclude Landlord from demandinq strict compliance
herewith. If Tenant sends the Rent to Landlord by mail, the envelope
containinq the check for the Rent shall be postmarked no later than the
due date for the Rent.
Sections 2.4. Use of Premises. Tenant shall use the Premises for
space and for no other purpose without first
obtaininq the written consent of Landlord. The written consent of
Landlord shall not he unrens<)nahle withheld. Tenant wi 11 not use of
permit the use of the Premises or any part thereof for any unlawful
purpose and will not do or p(~rmit any act or thinq which would materially
impair the value or usefuln(~ss of the Premises or any part thereof, or
which would constitute a puhlic or private nuisance or waste or which
woulc\ he a nuisance or annoyance or damaqe to Landlord or Landlord's other
tenants, or which would invalidate any policies of insurance or increase
the premiums thereof, now or hereafter written on the bui ldinq and/or
Premises.
Section
2.5. Parkinq. 'rhere shall be available at the buildinq
parkinq spaces as desiqnated by the Landlord, for the
use of the Tenant. F.xclusive parking may be made availale
to the Tenant as conveniently located to the buildinq as
nonexclusive
the Landlord
possihle.
Section 2.6. Security nl'posit. SiMultaneously with the exe~ution of
this Lease, Tenant shall pay the sum of to be held by Landlord
as a security deposit as security for the performance by Tenant of all the
terms, covenants c\nd conditions hereof and as indemnity aqainst: (a)
unreasonable wear and tear on the Premises; (b) loss or damaqe to the
Premises or other property of the Landlord caused by the Tenant, Tenant's
employees, aCfents, invitees, or licensees; (c) the cost of cleaninq the
Premises to the E' x:tent that the Lancilord shall determine if necessary to
restore the Premi;es, except for reasonable wear and tear, to the same
condition it was In at the time Tenant beqan occupancy thereof. If the
Tenant complies ~lth all such terms, covenants and conditions, then within
thirty (30) days 1fter termination of this Lease or any renewal or
extension there01, the Lanc\lnrd shall return said sum to the Tenant, less
any deduction mac ~ by the Ldndlord therefrom to payor reimburse the
Landlord for the "~ost, losses, or damaqes specified above. The Landlord
shall not be limi..:~ed or restr-icted in pursuing the Landlord's remedies
aqainst th(~ Tenal for costs, losses or damages to the Premises or to dny
other property 01 the Landlorri, includinq the building of which the
Premises is a pa. , for any such costs, losses or damaqefl which, in the
judqment of the~. ndlorc\, i1n~ in excess of fluch cash indemnity. Such
money shall hear .10 interest anrl. may he comminqled with other security
deposi ts or fundEJof the Landlord.
hy
II
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ARTICLE II I
Additional Rent
Section 3.1. Definitions.
provisions of the Lease:
(a) The term "Additional Rent" shall mean Tenant's Proportionate
Share of Taxes and Operatinq Expenses as hereinafter provided.
(h) The term "CoMmon Area" shall mean all real or personal property
owned by the Lannlord for the common (nonexclusive) use of Landlord and
Tenant and their employees, quests and invitees including, hut not limited
to, sidewalks, landscapinq areas and building security. Tenant recognizes
that .. is heinq developed in phases hy the Landlord.
At Landlord's dfscretion as each phase is completed the common areas of
such phase will he incorporated into this definition of "Common Area."
(c) The tf'cm "Operatinq Expenses" shall mean all expenses paid or
incurred hy Lane lord or on I.andlord' s hehalf in respect of the repair,
maintenance andlperation of the Property and/or Buildinqs and the curhs,
sidewalks and pl,izas adjoininq the same (except for those matters where a
particular tenal"'. is solely responsible).
(d) The teli!' "Taxes" shall mean: (i) the aqqreqate amount for which
the Buildinqs, i,~ld illl land or real property owned or leased hy Landlord
underlvinq the lilctinqs or adjacent thereto and used in connection with
the operation 0 the Ruildinqs (collectively hereinafter sometimes
referred to as Ie "Property") are assessed by County or any
city or municip. L hody havinq jurisdiction for the purpose of imposition
of real e~tate :jxe~; and (ii) any reasonahle expenses incurred hy
Landlorcl 1n cont~st1nq such taxes or assessments and/or the assessed value
of the Buildinq. and/or ttw Property, which expenses shall be allocatecl to
the Tax Year to Ihich such expenses relate. Any special or other
assessment or 1. ry for any Tax Year which is imposed upon the Property
and/or the Buil. nq shall he added to the amount so determined and shall
he deemed to he ncluned wi thin the term "Taxes" for the purposes hereof.
If at any time ( lrinq the term of this Lease, the methods of taxation
prevailinq on tJ ~ date hereof shall he altered, such additional or
substitute tax. sessment, levy, imposition or charqe shall be deemed to
he included witt In the tern "Taxes" for the purpose hereof.
(e) The te \ "Tenant I s Proportionate Share" will be determined by
dividinq the qr_.-iS rentable square footaqe of the Buildings into the
Tenant's rentabl~ square footaqe. When all phases of are
completed Tenant's Proportionate Share may be reduced at Landlords
discretion.
(f) The term "Rase Operatinq Year Taxes and Operatinq Expenses"
means the amount of Taxes incurred and total Operatinq Expenses incurred
durinq the period commencinq from the Certificate of Occupancy for the
Builclinq until December 31 of the same year.
(q) The term "Base Operatinq Year Taxes and
shall mean the calendar year Early in
prepare a Budqet and subl'1it to Tenant showinq the
Operatinq Expenses for 19___ F4rly in 19____ the
a Budqet showinq the expenses for 19 as well as
decrease over the calendar year 19
Section 3.2. Tenant's Obliqation for Additional Rent. The Landlord
shall he liahle for the RdS{' Operatinq Year Taxes and Operatinq Expenses
for the first year. For each Operatinq Year thereafter, the Tenant shall
be liable for its Proportio/late Share of any excess Taxes and Operatinq
Expenses over ann ahove the Rase Operatinq Year Taxes and Operatinq
Expenses for which T.andlorrl sha 11 continue to he responsihle.
Section 3.3. Auclqet; Future Aclcli bonal Rent. Landlord shall furnish
to Tenant prior to thirty ("30) days after the beqinninq of each operatinq
Year after the Base Operatinq Year ann Budqet settinq forth Landlord's
estimate of Taxes ctnd Opf~rd1i nq I':xpenses for the cominq Operdtin<j 'iecu:.
The Budqet shall he determin~d as thouqh the Building were occupied at the
For the purpose of this Article and other
Operatinq Expenses"
the Landlord shall
Real Estate Taxes and
I.andlord shall prepare
any increase or
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actual occupancyJrate or at an occupancy rate of ninety percent (90%),
whichever is hi,,:er. Tenant shall pay to Landlord, on the first day of
each month as A(..i tional Rent an ar:lount equal to one-twelfth (1 j12th) of
Tenant's Proport onate Share of Landlord's estimate of the excess Taxes
and Operating E> enses above Landlord's estimate of the excess TaxeH and
Operating Expen~ s above the Rase Year Taxes and Operating Expenses. If
an Operating Yen ends after the expiration or termination of this Lease,
the Addi tional ~ nt payable hereunder shall be prorated to correspond to
that portion of he Operatinq Year occuring within the term of this
Lease.
Section 3.~' Statement of Actual costs. Within one hundred twenty
(120) days aftel the end of each Operating Year, Landlord shall furnish to
Tenant an OperaL-nq StateMent showinq actual Taxes incurred and Operating
costs incurred or reserved for the preceding Operating Year. If the
Operatinq StateMent shows that the sums paid by Tenant under this Article
minus any amounts collecterl and held in the reserve accounts, exceed
Tenant's Proportionate Share of the Adrlitional Rent allocated to Taxes and
Operatinq Expenses, Landlord shall promptly either refund to Tenant the
amount of sllch excess or f)P.rl'1it Tenant to credit the amount thereof
against subsequent payments of Additional Rent under this Article; and if
the Operatinq StateMent shows that the sums paid by Tenant were less than
Tenant's Proportionate share of the same, Tenant shall pay the amount of
such deficiency within ten (10) days after demand therefor. Each
Operating Statement given by Landlord, shall he conclusive and binding
upon Tenant unless within thiry (30) days after the receipt thereof,
Tenant shall notify Landlorrl that it disputes the accuracy of said
Operatinq Statement. Failure of Landlord to submit the written statement
referred to herein shall not waive any riqhts of Landlord, unless such
stateMent is not suhmitted within one year from the end of the prior
calendar year. Notwi thstandinq the foregoinq, the Rent shall never be
decreased below that amount set forth in Section 2.1 of this Lease. In
addition, Tenant's obliqation to pay Additional Rent shall survive the
termination of this Lease.
ARTICLE IV
Leasehold Improvements
Section 4.1. Finished State of Premises. The Tenant acknowledges
that the Premises are in a finished state completed by Landlord in
accordance with the fixed flnor plan of the buildinq. Notwithstanding the
fact that minor ,)r insubstantial details of construction, mechanical
ad;ustment of d~coration reMain to be performed, the non-completion of
which does not Il,aterially interfere with Tenant's use of the Premises.
Leasehold improvements to the Premises may he made provided the following
steps are taken; (i) all plans and specifications must have the prior
written approval of the Landlord; (ii) the Landlord shall perforn the
leasehold impro\'~ments in accordance with a separate aqreement wi th tht!
Tenant; and (ii:) Tenant shall be solely liable for all costs relating to
such improvemen1s. During the period while the Leasehold improvements are
being made this. Lease shall he in full force and effect includinq the
obligation to p, V Rent.
Section 4. r-. Acceptance of Premises. Tenant acknowledges that
I~ndlord has no made any representations or warranties with respect to
the condition 0 the Premises and neither Landlord nor any assignee of the
Landlord shall ~ liahle for any latent or patent defect therein.
Landlord hereby' .1ssiqns to Tf~nant all warranties I'Iade by others to
Landlord wi th r~fpect to improvements on the Premises and any other rights
it may have aqanst contractors, suppliers, or others with respect to
negliqence or t III ty pertocl'1ance in connection with the construction or
repair of suchnprovements. The takinq of possession to the Premises by
Tenant shall he ~onclusive evidence that the Premises were in qood and
satisfactory co iition at the time such possession was taken, except for
the minor or in lbstantial details referred to in Section 4.1 of which
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Tenant qives Landlord notice, within thirty (30) days after the
Commencement Date, specifyinq such details with reasonable particularity.
ARTICLE V
Ouiet Enjoyment
Landlord a~rees that Tenant, upon payin~ all Rent and all other
charqes herein provided for and ohservinq and keepinq the covenants,
aqreements, terms and conditions of this Lease and the rules and
requlations of the Landlord affectinq the Premises on its part to be
performed, shilll lawfully nnd quietly hold, occupy and enjoy the Premises
durinq the ter.11 of this Lease, subject to these terms, without. hindrance
or molestation by Landlord or any party claimin~ hy, under or throuqh
Landlord.
ARTICLE VI
Maintenance and Repair
Section 1.1 Tenant's flhliqiltions. Tenant shall, at its p.xpense,
throuqhout tht term of this Leasl~, take qood care of the Premises, the
fixtures and ,ppllrtenancp.s therein and Tenant's Property. Tenant shall he
solely respom).ble for all repairs, interior and exterior structural and
non-structura' ordinary and extraordinary, in and to the Premises and the
Buildinq and Ie facilities rind systems thereof, the need for which arises
out of: (a) t ~ performance or existence of Tenant's Leasehold
Improvements, : Alterations; (b) the installation, use or operation of
Tenant's PrOF .cty in the Premises; (c) the movinq of Tenant's Property in
or out of the~uildinq; or (d) the act, omission, misuse or neqlect or
Tenant or any 0f its suhtenants or its or their employees, aqents,
contractors, ,~invitees. Tenant, at its expense, shall promptly replace
all scratched damaqed or hroken doors and qlass in"and about the Premises
and shall he 'sponsible for all repairs, maintenance and replacement of
wall and floo coverinqs in the Premises and for the repair and
maintenance 0 all sanitary and electrical fixtures therein. All repairs
for which Ten It is responsihle hereunder shall be performed hy Landlord
at Tenant's e: )ense.
Section ~. Landlord's Obliqations for Common Area. Landlord shall
keep and main iin the Common Area of the Building and its systems and
faci li ties se"inq the Premises in qood workinq order, conch tion and
repair, and sCali make all repairs, structural and otherwise, interior and
exterior, as and when needed in or ahout the Common Area, except for those
repairs for which Tenant is responsihle pursuant to any of the provisions
of this Lease. The expenses of such repairs shall be considered as
Operatinq Expenses. Landlord shall have no liability to Tenant, nor shall
Tenant's covenants and obliqations hereunder he reduced or ahated in any
manner whatsoever, by reason of any inconvenience, annoyance, interruption
of injury to husiness arisinq from Landlord's makinq any repairs or
chanqes which Landlord is required or permitted by this Lease, or required
hy Law, to make in or to any portion of the Ruildinq or the Premises, or
in or to the fixtures, equipment or appurtenances of the Building or the
Premises. Landlord shall not he liahle for any damaqe to Tenant's
property caused hy water iron burstinq or leakinq pipes, waste water about
the rented property, or otherwise; or from an intention.ll or nt~qliqent dct
or any co-tenant or occupant of the property surroundinq the rented
property, or other r>t~rson, or bv fire, hurricane or other acts of Cod; or
by riots or vandals; or from any other cause; all such risks shall he
assuITIed hy the Tenant. Tennnt waives any and all claims of any kind,
nature or description aqainst Landlord arisinq out of the failure of the
Landlord froITI tine to time to furnish any of the services requested to he
furnished hereunder includintl, without limitation, air conditioninq, heat,
electricity, and toilet facilities.
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ARTICLE VII
Lanrllorti's Riqht of Access
Section 7.1. Access for Maintenance and Repair. Except for the space
within the insine sllrface~ of all walls, hunq ceilings, floors, windows
anct doors boundinq the Prprlisp.s, all of the Huilctinq, incluctinq, without
limitation, exterior Ruilctinq walls, core corridor walls and doors and any
core corrictor entrance, any terraces or roofs adjacent to the Premises,
anct any space in or adjacent to the Premises used for shafts, stacks,
pipes, conduits, fan rooms, tiucts, electric or other utilities, sinks or
other Buildinq f~cilities, and the use thereof, as well as access thereto
throuqhout the Premises for the purposes of operation, maintenance,
decoration and r~pair, are rt~served to Landlord, to install, erect, use
ann maintain pir~s, ducts or conduits in and throuqh the Premises.
Lanctlord shall h~ allowed to take all materials into and upon the Premises
that may he requLrect in connection therewith, without any liahility to
Tenant and witho~t any reduction of Tenant's covenants and obligations
hereunder.
Section 7.2. Access Durinq Emerqencies. In case of any emerqency
oriqinatinq in 0' threateninq the Premises, reqardless of the time of day
or whether the ~ ,nant is present at the time of such emerqency, the
Landlord, i ts aQ'~nts and elaployees, shall have the riqht to enter the
Premises for th~_ purpose of remedyinq or ahatinq the cause of such
emerqency and s,' h right of entry shall he inunediate and without the
necessity of pL ,r notice to or consent of Tenant. To facilitate entry in
the event of SUI elnerqency, the Tenant shall deposit under the control of
the T.anctlord a L ,y to the Premises.
Section 7. . Access for Inspection anct Showinq. (Jpon rf'!asonahle
notice to TenantJ and cturinq normal husiness hours Landlord and its aqents
shall have the' ':.qht to enter ann/or pass throuqh the Premises at any time
or times to exal ne the Premises and to show them to actual and
prospecti ve Sup. 'ior Lessors, Superior Mortqaqees, or prospective
purchasers, mor. laqors or ll~ssors of the building. Durinq the period ot
1R months prior 0 the expiration nate of this Lease, Landlord and its
agents nay exhil t the Premises to prospective tenants.
Section 7., . Lanctloril's Alterations and Improvements. If at any tine
any windows of j Ie Premises are temporarily darkened or obstructed by
reason of any rL,)airs, improvements, maintenance anct/or cleansinq in or
about the huild. 1q, or it any part of the building, other than the
Premises, is te._)orari ly or permammtly closed or inoperahle, the same
shall be without liahility to Landlord and without any reduction or
diminution of Tenant's ohli qatiom; under this Lease. Landlord rp.serves
the riqht, at any time, wi thout incurrinq any liabili ty to Tenant
therefor, anct without affectinq or reducinq any of Tenant's covenants and
obliqations hereunder, to make such chanqes, alteraltions, additions, and
improvements in or to the Ruildinq and the fixtures and equipment thereof,
as well as in or to the street entrances, doors and stairways thereof, and
other public parts of the Ruildinq, as Landlord shall deem necessary or
desirable.
ARTICLE VIII
Insurance
(a) Tenant will carry and maintain, at its sole cost and expense, the
followinq types of insurance, in the amounts specified and in the form
hereinafter provided for:
(i) Public Liability and Property Damaqe. Tenant shall, durinq the
Term of this Lease, maintain insurance against public liability, including
that from personal injury or property ctamaqe in or ahout the Premises
resulting from the occupation, llse or operation of the Premises, insuring
hoth Landlord and Tenant, in amounts of not less than One Million Dollars
($1,000,000.00) in respect to hodily injury or death to anyone person, of
not less than Three Million nollars (S3,000,OOO.00) in respect of bodily
injury or death to more than one person in one accident, and of not less
than One Million nollars (~~l,OO(),OOO.OO) in respect of property ctamaqe.
(b) All policies of insurance provided for in section (a) shall be
issued in form acceptahle to Landlord by insurance companies with qeneral
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policyholder's ra\ nq of not less than XI and a financial ratinq of AAA as
rated in the most urrent ~v~ilahle "Best's" Insurance Reports, and
qualified to do hi '.iness in norida. Each and every such policy:
(i) shall be ~ssued in the names of Landlord and Tenant and any other
parties in intere~ from time to time desiqnated in writinq by notice from
Landlord to Tenant
(ii) shall bf
Landlord and Tenal
(iii) shall .
Landlord and any ~
before delivery 01
within thirtv (30)
often as any such
policies shall be
extent;
(iv) shall c(;.tain a provision that the insurer will give to Landlord
and such other parties in interest at least thirty (30) days notice in
writinq in advance of any cancellation, ter~ination or lapse, or the
effective date of any reduction, in the amounts, of insurance;
(v) shall be written as a primary policy which does not contrihute to
and is not in excess of coveraqe which Landlord may carry; and
(vi) shall contain a provision that Landlord and any such other
parties in interest, althouqh named as an insured, shall nevertheless he
entitled to recover under said policies for any loss occasioned to it; his
servants, aqents and employeeti hy reason of the neqliqence of Tendnt.
(c) anv insurance provided for in section (a) may be maintained hy
means of a policy or policips of hlanket insurance, coverinq additional
items or locations or insureds, provided, however, that: (i) Landlord and
any other parties in interest from time to time desiqnated by Landlord to
Tenant shall he naMed as an additional insured thereunder as his interest
may appear; (ii) the coveraqe afforded Landlord and any such other parties
in interest will not he reduced or diminished by reason of the use of such
hlanket policy of insurance; and (iii) the requirements set forth in this
Article V are otherwise satisfied.
(ci) Tenant aqrees to rwrmi t Landlord at all reasonalhle times to
inspect the policies of insurance of Tenant with respect to the Premises
for which policies or copies thereof are not delivered to Landlord.
for the mutual and joint benefit and protection of
and any such other parties in interest;
r a certificate thereof shall) he delivered to each of
ch other parties in interest within ten (10) days
possession of the Premises to Tenant and thereafter
days prior to the expiration of each policy, and, as
.,olicy shall expire or terminate, renewal or additional
.rocured and maintained in like manner and to like
ARTICLE IX
Default; Landlord's Remedies
Section 9.1. I':vents of Oefault. The tenant should be in default
unrler this Lease i;= anyone or more of the following events shall occur:
(i) Tenant sllal! fail to pay any installment of the Rent ca~led for
hereunder as and W,len the same shall become due and payable, and such
default shall cont i.nue for a period of five (5) days after the same is
due;
(ii) Tenant ,hall default in the performance of or compliance with
any of the other t~rms or provisions of this Lease, and such default shall
continue for a pereod of ten (10) days after the giving of written notice
thereof from Landl )rd to Tenant, or, in the case of any such default which
cannot, wi th hona . ide due e1i li qence, he cured wi thi n ten (10) days,
Tenant sh~ll fail ~o proceed promptly after the qiving of such notice with
hona fide due dili._Jence to cure such default and thereafter to prosecute
the curinq thereol wi th said due di liqence wi thin such period of ten (10)
days (it beinq inl nded that as to a default not susceptible of heinq
cured with due di qence within ten(10) days, the time within which such
default may be CUL d shall he extended for such period as may be necel:;sary
to permit the saml to be cLlred with due diliqence;
(iii) TenantJshall assiqn, transfer, mortqage or encumher this Lease
or sublet the Prel ses in a manner not permitted by Section
(iv) Tenant hall file a voluntary petition in bankruptcy or an
Order for Relief I entereo aqainst it, or shall file any petition or
answer seekinq arl nqement, reorqanization, composition, readjustment or
similar relief unt r any present or future bankruptcy or other applicable
';8-
law, or shall see) or consent to or acquiesce in the appointment of any
trustee, receiver, or liquidator or Tenant of all or any substantial part
of Tenant's prope .ties;
(v) If, wit'lin ninety (90) days after the filinq of an involuntary
petition to bankr LptCY against Tenant or the co~mencement of any
proceedinq aqains Tenant seekinq any arranqement, reorqanization,
composition, read'iustment or similar relief under any law, such proceedinq
shall not have be~n disrnisseo, or it, within ninety (90) days after the
appointment, wi U' ut the consent or acquiescence of Tenant, of any
suhstantial part f its properties, such appointment shall not have heen
vacated or staye( on appeal or otherwise, or if, within ninety (90) days
after the expira1, on of any such stay, such appoiontment shall not have
been vacated; or
(vi) TenantJshall vacate or ahandon the Premises; then, and in any
such event, or dr .-inq the continuance thereof, Landlord may, at his
option, by wri ttf , notice to Tenant, desi'lnate a date not less than five
(5) days from th. qivinq of such notice on which this Lease shall end and
thereupon, on SUI , date, subject to the provisions herein, this Lease and
all riqhts of Tel nt hereunder shall he deemed ended and terminateo.
Section 9.2. Surrender of Premises. Upon any such termination of
this Lease, Tenal shall quit and peacefully surrender the Premises to
Landlord, and La) Ilord, upon and at any time after such termination, may,
without further I.)tice, re-enter and repossess the Premises, either by
force, sum~ary p, )ceedinqs or otherwise, without beinq liable to any
prosecution or d: ..Laqe therefor, and no person claiminq throuqh or under
Tenant or by vin.le of any statute or of any order of any court shall be
entitled to possession of the Premises.
Section 9.3. Relettinq. At any time or from time to time after any
such termination of this Lease, Landlord may relet the Premises or any
part thereof, in the name of lAndlord or otherwise, for such term or terms
and on such conditions as Landlord in his discretion may determine, and
may collect and receive the Rents therefor. Landlord shall in no way be
responsible or liable for any failure to relet the Premises or any part
thereof or for any failure to collect any Rent due upon any such
relettinq.
Section 9.4. Survival of Obliqations. No termination, pursuant to
this Article of this Lease, shall relieve ~nant of its liability and
obliqations under this Lease, and such liability and obligations shall
survive any such termination.
ARTICLE X
Damaqes
Section 10.1. Tenant's Liahility after Default. If Tenant ,shall
default in the performance of any of its ohliqations under this Lease,
Landloro, without therehy wdivinq such default, may (hilt shdll not he
ohliqated to) perfor~ the same for the account and at the expense of
Tenant, without notice in a case of emer'lency, and in any other case only
if such default continues after the expiration of five (5) days from the
date Landlord 'lives Tenant notice of the default. Any expenses incurred
by Landlord inconnection with any such performance, and all costs,
expenses, and dishursements of every kind and nature whatsoever, includinq
reasonahle attorneys' fees includinq apellate, bankrupt.cy and
post-judqment prllceedinqs involved in collectinq or endeavorinq to collect
the Rent or any I,art thereof or enforcinq or endeavorinq to enforce any
riqhts aqainst T"nant or Tenant's ohliqations hereunder, shall he due and
payahle upon Lan Hord 's SUhl'lission of an invoice therefor. All sums
advanced by Land.ord on account of Tenant under this Article, or pursuant
to any other prolision of this Lease, and all Rent, if delinquent or not
paid hy Tenant aId received hy Landlord when due hereunder, shall hear
interest at the laximum rate then permitted by law, from the due date
thereof until pad and the same shall be and constitute additional Rent
and be due and plyable upon Landlord's submission of an invoice therefor.
Section 10.). Landlorrl's na~aqe. In the event this Lease is
terminated under,.. the provisipns of this Lease or any provision of law by
J
.
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reason of default hereunder on the part of Tenant, Tenant shall pay to
Landlord, as damaqed, at the election of Landlord either:
(a) A sum which at the time of such termination of this Lease, or at
the time of any re-entry hy Landlord, as the case may he, represents the
then value of the excess, if any, of: (i) the aqqreqate amount of the rent
which would have heen payahle by Tenant for the period commencinq with
such earlier termination of this Lease or the date of any such re-entry,
as the case may be, and enctinq with the date comtemplated as the
expiration date hereof if this Lease had not so terminated or if Landlord
had not so re-entered the Premises; over (ii) the aqqreqate rental value
of the Premises for the same period; or
(h) ~ums equal to the Rent which would have been payable by Tenant
had this Lease not so ter~inated or had Landlord not so re-entered the
Premises, payahle upon the due dates therefor specified herein followinq
such termination or such re-entry and until the date contemplated and the
expiration date jf this Lease had not so terminated or if Landlord had not
so re-entered th~ Premises.
If Landlord, at his o~tion, shall relet the Premises durinq said
period, Landlord shall credit Tenant with the net rents received by
Landlord from such relettinq, such net rents to be determined by first
deductinq from the qross rents, as and when received by Landlord, the
expenses incurrel' or paid hy Landlord in terminating this Lease and/or
re-enterinq the 1 remises and in securinq possession thereof, as well as
the expenses of Idlettinq, includinq, without limitation, the alteration
and preparation <,f the Premises for new Tenants, brokers' commissions,
attorneys' fees, and all other expenses properly charqable aqainst the
Premises and the,~ental therefrom. It is hereby understood that any such
relettinq may he 'or a period shorter or lonqer than the remaininq term of
this Lease but i no event shall Tenant be entitled to receive any excess
of such net rent. over the sum payahle by Tenant to Landlrod hereunder,
nor shall Tenant >e entitled in any suit for the collection of damaqes
pursuant hereto) a credit in respect of any net rents from. a re-lettinq,
except to the ex'{nt that such net rents are actually received by
Landlord.
Section 10. . Remidies Cumulative. Suit or suits for the recovery of
such damaqes, or Iny installments thereof, may he brouqht by landlord from
time to ti~e at s election, and nothinq contained herein shall be deemed
to require Land,l. "d to postpone suit until the date when the term of this
Lease would have ~xpired nor limit or preculde recovery hy landlord
against Tenant 0 any sums or damaqes which, in addition to the ~amages
particularly pro .ded ahove, landlord may lawfully be entitled by reason
of any default h. ceunder on the part of Tenant. All the remedies
hereinhefore qiv 1 to LancHord and all riqhts and remedies qiven to it at
law and in equit., shall he cumulative and concurrent.
ARTICLF. XI
WAIVER OF SUBROGATION
Landlord and Tenant hereby waive and release all riqhts of recovery
aqainst the other, includinq employees and aqents, for all damaqe of any
property constitutinq a part of the Premises, which damaqe arises from the
perils insurable aqainst in a fire policy with extended coveraqe
endorsement, or which riqht or recovery arises from loss of earninqs
resultinq from damaqe caused by such a peril. This mutual waiver is in
addition to any waiver or release contained in this Lease. Landlord and
Tenant shall qive written notice to their insurers of the provisions of
this waiver and release and have their insurance policies endorsed, if
required, to prevent invalidation of insurance coveraqe by reason of this
waiver and release. Shoulci the insurer of one rarty requirf! an additional
pnmllllfl nr pn~t ill 1'IlIlf:lldf:l1 1111\111 ot ill11lllf:l1ol1 (If th~ f:l11l1(lr~"'IIlf:lIII, II Will
he thfl reH(lllnRihi 11 ty of II... oUIf~r party to pay such additional costa, and
it not. pctid, thtlY wli1 !IH1tl L.htl htlutlt1t. oj: L/ll_ Art.lo1...
. . -10-
ARTICLE XII
Uti 1i ties
Tenant is to pay the r.ost of electricity, fuel, qarbage collection,
and other special fees for utilities or services used in or for the
Premises. Water and sewer charqes will he included in the Common Area
Maintenance Costs with the exception of hiqh users, who will be
individually metereci. Landlord shall not he liable for any interruption
in the supply of any utility services to the Premises, nor shall any such
interruption constitute any qrounn for an abatement of any of the rents
reserved hereunder. Tenant shall not at any time overburden or exceed the
capacity of the mains, feeners, ducts, conduits or other facilities by
which utilities are supplied to the Premises.
ARTICLE XIII
Destruction
If the Premises shall he partially damaged by any casualty insured
under Landlord's insurance policy, Landlord shall, upon receipt of the
insurance proceeds, repair the same, and the minimum rent shall he abated
proportionate to that portion of the Premises rendered untenantable. If
the Premises (a) by reason of such occurrence is rendered wholly
untenantable, or (b) should he rlamaqed as a result of a risk which is not
covered by Landlord's insurance, or (c) should be damaqed in whole or in
part durinq the last two (2) years of the term or during any renewal term
hereof, or (d) the huildinq of which it is a part (whether the Premises is
damaged or not), or all of the buildings which then comprise the entire
buildinq shoul( be damaqed to the extent of fifty percent (50%) or more of
the then monetary value thereof, or if any or all of the buildinqs or
Common Areas ot the entire huildinq are damaged, whether or not the
Premises is danaged, to such an extent that the entire building cannot, in
the sole judqmt-nt of Landlord, he operated as an integral unit, then, or
in any of such events, Landlord may either elect to repair the damaqe or
may cancel thi: Lease by notice of cancellation given within one hundred
eighty (180) dc:-Vs after such event, and thereupon this Lease shall expire,
and Tenant sha~l vacate and surrender the Premises to Landlord. Tenant's
liabili ty for ,nt upon the termination of this Lease shall cease as of
the day follow Iq the event of rlamage. In the event Landlord repairs the
damaqe insurab , under the Landlord's policies, any abatement of rent
shall end five. )) days after notice by Landlord to Tenant that the
Premises has ~ ~n repaired. If the damage is caused by the negligence of
Tenant, its em,Aoyees, agents, or concessionaires, there shall. be no
abatement of r' It. Unless this Lease is terminated by Landlord, Tenant
shall repair al I refixture the interior of the Premises in a manner and to
at least a con. tion equal to that existing prior to its destruction or
casual ty and tl ~ proceeds of all insurance carried by Tenant on its
property and il 'rovements shall be held in trust by Tenant for the purpose
of said repair lr replacement.
ARTICLE XIV
No Encumbrances hy Tenant
Section L-~. No Liens. Tenant agrees that it wil not create, permit
or suffer the I.nposi tion of any lien, charqe or encumbrance upon the
Premises or any part thereof.
Section 14.2. Mechanic's, Materialmen's and Laborer's Liens. Tenant
agrees that it will make full and prompt payment of all sums necessary to
pay for the cost of repairs, alterations, improvements, changes or other
work done by Tenant to the Premises and further aqrees to indemnify and
hold harmless Landlord from and against any and all such costs and
liabilities incurred hy Tenant, and aqainst any and all mechanic's,
materialman's or lahorer's liens arising out of or from such work or the
cost thereof which may he apserted, claimed or charged against the
Premises or the Ruildinq or site on which it is located. Notwithstandinq
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J
anythinq to th~ ;ontrary in this Lease, the interest of Landlord in the
Premises shall Jt he subject to liens for improvements made by or for
Tenant, whether or not the same shall be made or done in accordance with
any agreement h tween Landlord and Tenant, and it is specifically
understood and greed that in no event shall Landlord or the interest of
Landlord in thf Premises be liable for or subjected to any mechanic's,
materialman's ( laborer's liens for improvements or work made hy or for
Tenant; and thi- Lease secifically prohibits the subjecting of Landlord's
interest in the Premises to any mechanic's, materialman's or laborer's
liens for improvements made by Tenant or for which Tenant is responsible
for payment under the terms of this Lease. All persons dealinq with
Tenant are herehy placed upon notice of this provision. In the event any
notice or clai~ of lien Rhall he asserted of record aqainst the interest
of Landlord in the Pre~ises or Building or the site on which it is located
on account of or qrowinq out of any improvement or work done hy or for
Tenant, or any person claiminq by, throuqh or under Tenant, for
improvements or work the cost of which is the responsibility of Tenant,
Tenant agrees to have such notice of claim of lien cancelled and
discharqed of record as a claim against the interest of Landlord in the
Premises or the Buildinq or the site on which it is located (either by
payment or bond as permitted by law) within ten (10) days' after notice to
Tenant by Landlord, and in the event Tenant shall fail to do so, Tenant
shall be considered in default under this I~a6e.
ARTICLE XV
Bankruptcy or Insolvency
If at any time the date of this Lease (whether prior to the
commencement of or during the term of this Lease):
(a) any proceedings in bankruptcy, insolvency or
reorganization shall he instituted against Tenant pursuant to any federal
or state law now or hereafter enacted, or any receiver or trustee shall be
appointed for all or any portion of Tenant's business or property, or any
execution or at~achment shall issue aqainst Tenant or any of Tenant's
husiness or proI~rty or aqainst the leasehold estate created hereby and
any of such proceedinqs, process or appointment be not discharged and
dismissed withill thirty (30) days from the date of such filinq,
appointment of ;ssuance; or
(h) Tenant shall be or become bankrupt or insolvent, or Tenant
shall make an a;,signment for the benefit of creditors, or Tenant shall
file a voluntar' petition in hankruptcy or petitions for (or enters into)
reorqanization, composition or any other arrangement with Tenant's
creditors under any federal or state law now or hereafter enacted, or this
Lease or the es ate of the 'renant herein shall pass to or devolve upon, by
operation of la0 or otherwise, anyone other than Tenant (except as herein
provided), the ,~ccurrence of anyone of such contigencies sha 11 be deemed
to constitute d I shall he construed as a repudiation hy Tenant of
Tenant's obliga lons hereunder and shall cause this Lease ipso facto to he
cancelled and t (minated, without thereby releasinq Tenant; and upon such
termination, La'. ,Hord shall have the immediate riqht to re-enter the
Premises and tG 'reMove all persons and property therefrom and this Lease
shall not be tr.J;lted as an asset of the Tenant's estate dnd nei ther the
Tenant nor anyc e claiming by, through or under Tenant hy virtue of any
law of any orde of any court, shall be entitled to the possession of the
Premises or to ~main in the possession thereof. Upon the termination of
this Lease, as foresaid, Landlord shall have the right to retain as
partial damage~ and not as a penalty, any prepaid rents and any security
deposited by Te int hereunder and Landlord shall also be entitled to
exercise such r qhts and reMedies to recover from Tenant damages, unless
any statute or lle of law qoverninq the proceedings in which such damages
are to he prov~ shall lawfully limit the amount of such claims capahle of
being so provec in which case Landlord shall be entitled to recover, as
":12-
and for liquidated damages, the maximum amount which may be allowed under
any such statute or
rule of law. As used in this Article, the term "Tenant" shall he deemed
to include Tenanl. and its successors and assigns, and the guarantor of
Tenant's ohliqaLons under this Lease, if any.
ARTICLE XVI
Riqht of Each Party to Perform Other's Covenants
Section 16.. Payment or Performance. Each party shall have the
right at any tim., upon ten (10) nays' notice to the other party (or
without notice i case of emerqency or in case any fine, penalty, interest
or cost mav othe'wise be imposed or incurred) given following expiration
of any applicahl~ cure period, to make any payment or perform any act
required so such other party under any provision in this Lease, and in
exercising such lqht, to incur necessary and incidental costs and
expenses, inclu( ng reasonahle counsel fees. Nothinq herein shall imply
any obligation c the part of either party to make any payment or perform
any act requirec of the other party, and the exercise of the riqht to do
so shall not conJtitute a release of any obligation or a waiver of any
default.
Section 16.
expenses incurn
hereinushall he
receipt of a bi1
interest at the
the respective c
such costs and e
. Reimbursement. All payments made and all costs and
in connection with any exercise of the riqht set forth
eimbursed hy the other party within ten (10) days after
settinq forth the amounts so expended together with
aximum lawful rate (currently Eiqhteen Percent (18%) from
tes of the making of such payments or the incurring of
penses, to the party makinq and paying the same.
ARTICLE XVII
Condemnation
.~
~ If the whole of the Premises shall be acquired of taken by
eminent domain, then this Lease shall terminate as of the date Tenant is
no lonqer permitted to use the Premises.
17.2 If any part of the Premises shall be taken rendering the
remaininq portion unsuitahle for the husiness of Tenant, then this Lease
shall terminate as aforesaid. If such partial takinq is not extensive
enough to render the Premisp.s unsuitahle for the husiness of Tenant, then
this Lease shall continue in effect except that the minimum rent shall be
reduced in the same porportion that the floor area of the Premises taken
hears to the oriqinal floor area thereof.
17.3 If more than fifty percent(50\) of the floor area of the entl.re
bui ldinq shall he taken, LanrUord may, by wri tten notice, terminate this
Lease, such termination to he effective as aforesaid.
17.4 If this Lease is terminated as provided in tllis Article, rent
shall be paid up to the day that Tenant is no longer permitted to use the
Premises and Landlord shall make an equitable refund of any rent I~id by
Tenant in advance.
17.5 Tenant shall not he entitled to and expressly waives all claim
to any condemnation award for any takinq, whether whole or partial, and
whether for dimunition in value of the leasehold or to the fee; provided,
however, Tenant shall have the riqht, to the extent that the same shall
not reduce Landlord's award, to claim, from the condemnor, but not from
Landlord, such compensation as may he recoverable by Tenant in its own
riqht for damage to Tenant's business and fixtures, if such claim can ~
made separate and apart from any award to Landlord, and without prejudice
to Landlord's award.
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J
ARTICLE XVIII
Attorney's Fee
In the even that either party hereto brings legal action against the
other arisinq ou of this Lease, the prevailinq party shall he entitled to
recover from the )ther all costs of suit and reasonable attorney's fees.
ARTICLE XIX
Suhordinq ,ion; Notice to Mortqagee; Certificate; Attornment
19.1 Tenant shall, upon Landlord's request and with the consent of
any prior mortgaqee, subordinate this Lease to any lien placed hy Landlord
upon the entire huildinq of which the Premises forms a part, with an
insurance company, hank, or any other lender, provided that such lender
agrees that if Tenant is not then in default under this Lease, this Lease
shall not terminated as a result of the foreclosure of such lien, and
Tenant's riqhts under this Lease shall continue in full force and effect
and Tenant's possession shall he undisturbed except in accordance with the
provisions of this Lease. Tenant will, upon request of such lienholder,
he a party to such an agreement, and will aqree that if such lienholder
succeeds to the interest of Landlord, Tenant will recoqnize said
lienholder (or successor-in-interest of the lienholder) as its Landlord
under the terms of this Lease.
19.2 In the event Tenant shall have or acquire the right to
terminate this Lease, anything in this Lease to the contrary
notwithstanding, Tenant aqrees that it will not terminate this Lease
because of Landlord'::; default in the performance hereof until Tenant has
first qiven written notice to Landlord and to the holder of any mortgage
(provided Tenant has been notified of such mortgagee's name and address)
specifying the nature of any such default hy Landlord and allowing
Landlord and such mortgaqe holder, or either of them, thirty (30) days
after date of such notice to cure such default or a reasonahle period of
time in addition thereto if circumstances are such that said default
cannot reasonably he cured within said thirty (30) day period.
19.3 Tenant shall, without charge, at any time and from time to
time, within ten (10) days after request by Landlord or Landlord's
mortgagee, certily by written instrument, duly executed, acknowledged in
recordable Jorm and delivered to Landlord, any actual or proposed
mortgagee, assiql.ee of any mortqaqee or purchaser, or any other person,
firm, or corpora ion specified by Landlord or Landlord's mortgagee:
(a) ~,at this Lease is unmodified and in full force and effect
(or, if there ha~_ been some Modification, that the same is in full force
and effect as mo. ,ified and statinq the modifications);
(b) TLe dates, if any, to which the net rent and addi tional
rent, taxes and "ther charqes hereunder have been paid in advance;
(c) W. ether Landlord is or is not, as the case may be to the
best of Tenant's knowledge and helief, in default in the performance of
any covenant, co~rlition or agreement on Landlord's part to be performed
and if in defaul I the specific nature of the default; and
(d) S ~h other pertinent information as Landlord or such
Mortqaqee may re Jest.
Section 19/-. Attornment. If any Superior Lessor or Superior
Mortqagee shall 'ucceed to the riqhts of Landlord hereunder, whether
throuqh possessi{l or foreclosure action or delivery of a new lease or
deed, then, at t .e request of such party (hereinafter referred to as
.Successor LandI rd"), Tenant shall attorn to and recoqnize each Successor
Landlord at Tend t's landlord under this Lease and shall promptly execute
and deliver any nstrument such Successor Landlord may reasonable request
to evidence such ittornment. Upon such attornment, this Lease shall
continue in full force ann effect as a direct lease between Successor
Landlord and Ten nt upon all the terms, conditions, and covenants as set
forth in this Le ,e except that the Successor Landlord shall not: (a) he
liable for any p evious act ~r omission of Landlord undert this Lease, (b)
be suhject to a~ offset, not expressly provided for in this Lease, which
..
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theretofore shall have accrued to Tenant against Landlord; or (c) be bound
by any previous modification of this Lease or by any previous prepayment,
unless such modification or prepayment shall have been previously approved
in writinq by such Successor Landlord.
Section 19.5. Notice of Superior Lessors and Mortqaqee. If any act
or omission of Landlord would qive Tenant the right, immediately of after
the lapse of a period of time, to cancel this Lease or to claim a partial
or total eviction, Tenant shall not exercise such right: (a) until it has
qiven written notice of such act or omission to Landlord and each Superior
Mortqagee and Superior Lessor whose name and address shall previously have
been furnished to Tenant; and (b) until a reasonable period of remedying
such act or omission shall have elapsed followinq the giving of such
notice and follcNinq the time when such Superior Mortgaqee and Superior
Lessor shall have become entitled under such Superior Mortgage or Superior
Lease, as the case may be, to remedy the same (which reasonable period
shall in no event be less than the period to which Landlord would be
entitled under this Lease or otherwise, after similar notice to effect
such remedy), provided such Superior Mortgaqee or Superior Lessor shall,
with due diliqer,ce, qive Tenant notice or intention to, and commence and
continue to, renedy such act or omission.
ARTICLE XX
Assiqnment and Sublettinq
Section 20 . Tenant's Transfer.
(a) Tenan shall not, whether voluntarily, involuntarily, or by
operation of la\ or otherwise: (a) assiqn or otherwise transfer this
Lease or the te.1\ and estate hereby granted, or offer or advertise to do
so; or (b) mortl~qe, encumber, or otherwise hypothecate this Lease or the
Premises or any.jlClrt thereof in any manner whatsoever, without in each
instance obtaini1q the prior written consent of Landlord, which consent
may be arbitrar .y withheld.
(b) The p lvisions of Section 20.1(a) shall apply to a transfer of a
majority of the ;tock of Tenant as if such transfer were an assignment of
this Lease; but ;aid provisions shall not apply to transactions with a
corporation intI or with which Tenant is merged or consolidated or to
which substanti. .ly all of Tenant I s assets are transferred, or to any
corporation whi, I controls or which is controlled by Tenant, or is under
common control = Tenant, provided in any of such events: (a) the
successor to Te lnt has a net worth computed in accordance with generally
accepted accoun\ -i.nq principles at least equal to the greater of. (i) the
net worth of Tenant immediately prior to such merqer, consolidation or
transfer or (ii) the net worth of Tenant herein named on the date of this
Lease; and (b) proof satisfactory to Landlord of such net worth shall have
been delivered to Landlord at least ten (10) days prior to the effective
date of any such transaction.
(c) Further, the Landlord may consent to the sublease of all or any
part of the premeises provided the Tenant enters into a sublease
containinq the same terms and conditions contained herein (exclusive of
rent) and the Landlord shall recei ve one half (1/2) of the difference
between any hiqher rent pail'! by a subtenant and the Rent paid by Tenant.
(d) Any assignment aqreed to by Landlord shall be evidenced by a
validly-executed assiqnment and assumption of lease. Any attempted
transfer, assiqnment, subletting, mortaqaging or encumbering of this Lease
in violation of this Section shall be void and confer no rights upon any
third person. Such attempt shall constitute a material breach of this
Lease and entitle Landlord to the remedies provided for default.
(e) If, without such prior written consent, this Lease is
transferred or assigned by Tenant, or if the Premises, or any part
thereof, are sublet or occupied by anybody other than Tenant, whether as a
result of any act or omission by Tenant, or by operation of law or
otherwise, Landlord, whether before or after the occurrence of an event of
default, may, in addition to, and not in diminuation of or substitution
for, .ny other riqhts and rem.dies und.r this L.... or pursuant to l.w to
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which Landlord may he entitled as a result thereof, collect Rent from the
transferee, assiqnee, suhtenant or occupant and apply the net amount
collected to the Rent herein reserved.
Section 20.2. Tenant's Liahility. Tenant shall always, ann
notwithstandinq any such nssiryn",ent or Ruhleasinq, and notwithstanding the
acceptance of Rent hy Landlord from any such assignee or suhtenant, remain
liable for th~ paYl'lent of Rent hereunder and for the performance of all of
the agreement3, condi.tions, covenants and terms herei.n contained, on the
part of Tenanc herein to be kept, observed, or performed, his liability to
always be thac of principal and not of surety, nor shall the qiving of
such consent co an assiqnment or sublease, be deemed a complete
performance c.' the said covenants contained in this Article so as to
permit any S\llsequent assiqnment or subleasing without the like written
consent.
Section. 0.3. Landlord's Riqht of First Refusal. Notwithstandinq the
foreqoing otl r than Section 20.1(h), where Tenant desires to assign or
suhlease, thl Landlorn shall have the right, but not the obliqation, to
cancel and t(. minate the Lease and deal with Tenant's prospective
assiqnees or ';ubtenant directly wi thout any obligation to Tenant.
Section ~O.4. Landlord's Transfer. The Landlord shall have the riqht
to sell, mor: laqe or otherwise encumber or dispose of Landlord's interes t
in the Buildi .gs and Premises and this Lease.
ARTICLE XXI
OELIVERY AT END OF LEASE
Any hole over after the expiration of this term or any renewal term
shall be conf rued to be a tenancy-at-will at the rents herein specified
(prorated on I daily basis), and shall otherwise be on the terms herein
specified soar as applicable.
ARTICLE XXII
FORCE MAJEURE
Landlord and/or Tenant, as the case may be, shall be excused for the
period of any delay in the performance of any obligations hereunder other
that monetary obliqations when prevented from so doing by cause of causes
beyond Landlord's or Tenant's control which shall include without
limitation all labor dispute~, civil commotion, war, war-like operations,
invasion, rebellion, hostilities, military or usurped power, sabotage,
governMental requlations or controls, fire and other casualty, inability
to obtain any material, services or financing or through acts of God, but
only to the extent that such events occur prior to the commencement date
of this Lease.
ARTICLE XXIII
WAIVER OF LIABILITY
Anythinq containeci in this Lease to the contrary notwithstanciinq,
Tenant agrees that Tenant shrtll look solely to the estate and property of
Landlord in the land and buildinqs comprising the Shopping Center of which
the Store forms a part for the collection of any judgment (or other
judicial process) requirinq the payment of I'\Oney by Landlord in the event
of any defaul t or hreach by Landlord wi th respect to any of the terms dud
provisions of this Lease to he ohserved and/or performed by Landlord;
subject, however, to the prior rights of any ground or underlying
landlords or the holder of any mortqaqe covering the Shoppinq Center; and
no other assets of the Landlord shall be subject to levy, execution or
other judicial process for .the satisfaction of Tenant's claim. In the
event Landlor,i conveys or transfers its interest in the Shoppinq Center or
in this Lease, except as collateral security for a loan, upon such
conveyance or transfer, Landlord (and in the case of any subsequent
conveyances or transfers, the then qrantor or transferor) shall he
entirely rele1sed and relieved from all liability with respect to the
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performance of :-w covenants and obliqationlJ on the part of Landlord to be
performed hereurlder from and after the date of such conveyance or
transfer, provided that any aaounts then due and payable to Tenant by
Landlord (or by the then qrantor or transferor) or any other obligation
then to be perforMed by Landlord (or by the then grantor or transferor)
for Tenant under any provisions of this Leaae, shall either be paid or
performed by Landlord (or by the qrantor or tranaferor) or such pdyaent or
performance assumed by the grantee or transferee, it being intended hereby
that the covenants and obligations on the part of Landlord to he pertor.-d
hereunder shall be bindinq on Landlord, its succeslJors and assigns only
during an in re8pect of their respective periods of ownership of cU\
interest in the Industria~ Park or in this Lease. This provision shall
not be de~.ed, construed or interpreted to be or constitute an agree.-nt,
express or implied, between Landlord and Tenant that the Landlord 'IJ
interest hereunder and in the Industrial Park shall be subject to
iltPressaent of an equitable lien or otherwilJ..
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ARTICLE XXIV
BROKER'S COMMISSION
Tenant represents and warrants that there are no claims tor broker's
coaaission or finder'ti fe~ in connection with the execution of this Leue
and aqrees to indemnify Landlord aqainst and hold it harmless fro. all
liabilities arising froa any .uch clai., including any attorney's f...
incurred by Landlord.
ARTICLE XXV
RECORDING
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Tenant shall not record this Lease, but will at the request of Landlord,
execute a "'lIlorandUll\ thereof in recordable fora specifyinq the date of
commencement and expiration of the term of this Lease and other
information requJ.red by statute or reasonably necessary to give public
notice. Landlord only may then record said MlIOrandua of Lease.
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ARTICLE XXVI
NOTICES
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Any notice to he qiven or served in connection with this Lease .hall
be in wri ting an'~ may be served by personal deli very upon the party, or
upon a corporate )fficer thereof, or aay be .erved by certified aail
addressed as spe cfied herein, as appropriate, or to such other address 48
requested by eit !r party in writing. Notices served by .ail shall be
presuaed to have'heen received three daya after aailing. All rent and
other pa}'IDents slJlll be sent to Landlord's addreslJ set forth herein,
unles8 Tenant sh 11 be directed oth.rwi.. in writing by LAndlord.
To LAndlord atz 'ro Te....nt at.
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ARTICLE XXVII
GENERAL CONDITIONS
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27.1 If an term, covenant, COndition or restriction of this Lease
is held by a cou'_: of competent juriSdiction to be invalid, void or
unenforceable, tJ, ~ rftmdinder of the provisions hereof shall reaain in full
force and effect and shall ~n no way be affected thereby.
27.2 Nothinq contained in this lea8e ahall be deeaed or construed by
the parties hereto or by any third person to create the relationship of
principal and aqent except as .et forth herein, or of partnership, or of
joint venture, or of any other AlJsociation between the partieal other than
that' of Landlord and Tenant.
21.3 All reference. to -the tera of thia Lea.e ahall include any
excen'ii'rOil of such cera.
21.4 Ti_ ill of the e.aene. of the perfor....c. of each provision of
this Le....
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27.5 The waiver of performance of any covenant, term or condition of
this Lease hy Landlord or Tenant shall not be construed as a waiver of any
subsequent hreach of the same covenant, term or condition.
27.6 This Lease, inclurlinq the F.xhibi ts, Riders and/or Addenda, if
any, attached her~to sets forth the entire agreement between the parties.
All prior convers~tions or writings between the parties hereto or their
representatives are merqerl herein and extinquished.
ARTICLE XXVIII
Siqns; Obstruction
Section 28.1. Signs. Tenant shall not place or suffer to be placed
or maintained upcn any exterior door, roof, wall or window of the Premises
any sign, awninqr-canopy or advertising matter or other thing of any kind,
and will not plac! or maintain any decoration, lettering or advertising
matter of the ql['s of any window or door of the Premises and will not
place or maintai. any freestaninq standard within or upon the common Area
of the Premises, immediately adjacent thereto, without first obtaininq
Lessor's express lrior written consent. Landlord aqrees to grant approval
of any sign loca:,!d within the Premises or entry to the Premises on glass
or panel which i~Jin conformity with the sign exhibit attached hereto. No
exterior siqn vi;ible from the exterior of the Building shall be
permitted. Lesst! further aqrees to maintain such sign, lettering, or
other thinq as m. ' be approved bny Lessor in qood condition and repair at
all times and to 'emove the ~ame at the end of the term of this Lease as
and if requested .y Lessor. Upon removal thereof, Lessee aqrees to repair
any damaqe to th, Premises caused hy such installation and/or removal.
Section 28. . Obstruction. Tenant shall neither obstruct the
sidewalks or par; .nq lots in front of the Building or the Premises or the
area around the !ildinq or Premises in any manner whatsoever.
ARTICLE XXIX
AvaiL ~ili ty of Puhlic Utili ties and Other Services
Section 29.1. Heat, Ventilation and Air Conditioninq. Except as
otherwise provided herein, Landlord shall maintain the heating,
ventilatinq and air conditioning eguipment serving the Premises and shall
heat, ventilatinq and air conditioninq in the Premises as may be
reasonahly required for reasonably comfortable occupancy of the Premises
during business hours of business days, at the Tenant's expense. Tenant's
Unit shall be separately metered relative to these expenses.
Section 29.2. Electricity and Telephone. Tenant's use of electrical
energy in the Premises shall not, at any time, exceed the capaci~y of any
of the electrical conductors and equipment in or otherwise serving the
Premises. In order to insure that such capacity is not exceeded and to
avert possible adverse effects upon the Buildinq's electric service,
Tenant shall not, without Landlord's prior written consent in each
instance, connect major equipment to the buildinqs, electric distribution
system, telephone system or ndke any alteration or addition to the
electric system of the Premises existinq on the Commencement Date.
Tenant's electrical usaqe under this Lease comtemplates only the use of
normal and customary office equipment. In the event Tenant installs any
office equipment which uses substantial additional amounts of electricity,
then Tenant aqrees that La.ndlord's consent is required before the
installation of such additional office equipment. Tenant shall be solely
liable for electricity and telephone expenses relatinq to the Premises.
Tenant's electrical service shall be separately metered.
ARTICLE XXX
Compliance with Law
Section 30. '. Obliqations of Tenant. Tenant shall, during the Term
of this Lease, at its sole cost and expense, comply with all valid laws,
ordinances, regujations, orders and requirements of any governmental
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Ii .uthority which !lilY he applicable to the preat.e. or to the use, MAner of
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" Wle or occun.ancy thereof, whether or not the .... ....11 interfere wi th tn.
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II u.e of occuPAncy of th~ Pre.ise. Arising froal Ca) 1enant'a use of the
I: preaise., (b) the aanner or conduct of T8nant'a busin..a or operation of
ita inatallationM, equipa~nt or other property th_rein, (c) any cause or
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" condition created by or at the inat4nce of Tenant, or Cd) breach of any of
I'll Tenant'. obligations hereund~r, whether or not such coapliance requir.s
vork which i. structural or non-atructural, ordinary or extraordinAry,
:1 foraeen or unforeseen, and Ten.nt ah.ll pay all of the costs, expenMeM
fines, penalties and damaqes which ..y be iaposed upon Landlord by reason
or arisinq out 01 Tenant's failure to fully and proaptly co.ply with 4Rd
.i obierve the provl-siona of this Section. "1'enant shall CJiw proapt notice
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III uae of occupcltioll thereof.
I! Both Tenant and Landlord agree that the proper venue for any diaputes
.1 involvinq this L~ase shall lie in Pal. Beach County Florida.
" Section 30.~. Rules and Requlations. Tenant ahall abo co.ply with
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.11 rules and re'Julations attached hereto and A8 aay be subsequently
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.pplied by LAndlhrd to .U t.enAnta of the Building.
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ARTICLE XXXI
Gov.rninq Law
II 'l'hia Lease, hall be governed by and construed in Accordance with the
II l.ws of the Stat, of Florida. If AllY provisions of thi. Leaa. or the
\: application ther~of to any person or circua.tance shall, for any re.son
and to any extel he invalid or enforceable, the reaainder of this Lease
and the applicat on of that provision to other persona or circuaatances
, shall not be aft cted hut rather ahcall be enforced to the extent per.itted
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by l.w. Th. tat e of contents, captions, headinqs end titles in this
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I Lease are solel) of conveni.nce or reference .nd ah.ll not caffect ita
I interpretation. Thi. Lease shall be construed without reqard to any
I prelluaption or ( .her rule requirinq construction aqainst thd party caulU.oq
thia Lease to bt drltftAsd. Each convenant, .gr....nt, obligation, or other
proviaion of thi I LeaHe on Tel\clnt's part to be perforaed, shall be deeMd
and construed al a s8pctrate and indepttndent coveMnt at Tenant, not
d.pendant on an~-other provision of thili Lease. All ter.. and word uaad
in this Loase, reqclrdleHs of the nuaber or gender in which they are
used, sh.ll be deela8d to include any o~r nUllber And any other qeAdlar as
tha context MY requir..
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ARTICLE XXX II
Parkinq
Landlord shall have 801e right and discre.sion with respect to the
regul.tions of the arda. in which e.ploye.. of the Tenant are allowed to
~rk. Deciaions of the Landlord with respect to parkinq .v.il&bi.litl
ahall be fi...l.
Ar ._,~DUM TO LEAst (CONTRACTORS ONLY I
ART! CLE XXX I II
1) No exteriL- storage of construction materials will be
permitted ~n site.
2) All construction equipment such as boom trucks, ditch
witch, etc. must be stored within the leaseable space.
Storage of construction equipment will not be allowed
within parking, loading or driveway areas.
3) Service vehicles shall be kept clean and in a profes-
sional manner.
4) Service vehicles must be removed from Boynton Commerce
Center from 8:00a.m. to 4:30p.m. Service vehicles will
be allowed to be stored over night.
5) Contractors shall not use dumpsters on site to disgard
construction debris from work completed off location
during the course of the working day.
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LANDLORD INITIAL
TENANT INITIAL
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GUARANTEE OF LEASE
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In consider.tior of the HU. of One Dollar ($1.00) and of the
execution of the witl n Leaae by And between
. .. LAnd lord clnd , ..
~nant, the undersiql d does hereby quarantee the proapt pay_ent of rent
.nd perforunce of tl coveMnta in said Le.... to be ..de .nd pectora<<! by
the Tenant. If Tend. . shall at any ti.. beco_ in d.f.ult in the pav-ent
of rent or of any of he other cov.nanta in said Lea.. .nd such default is
not corrected within~en (10) day. .ft.r written notice thereof is qi ven
to the undersigned, len the underaiqned aqrees to pay to Landlord all of
Baid rent that IIlAY b!.. due 4nd unpairl and to s.tisfy fully, the coven4nta
.nd dqreel\enta of the wi thin IAtAse .00 to pay All MMq_ thAt I14Y be
occasioned by the non-perforaance thereof.
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Si9Aed in the pr...nee ofl
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IN WI'NESS WHERWF, the parties hereto have .et their h-lnda mi.
d.y of , 1984, a. to the L.lAdlord, and thi.
clAy of , 1984, ... to the 'l'enaDt.
1i9l*l ill the 1>>1'.....08 of .
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COUMTY or
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HEFORE ME, a N. .ary Puhlic in and for aaid County ...d Sute,
peraonally appeared 1\e aboye-na.-d and
_, , who acknowledqed t.h4t they
did .iqn the forego')q ifUitruaent .nd that the ... ia their fr.. ace aad
deed personally and~ such .
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IN TESTIMONY WI <;JtmF, I have hereunto ..t .y hand and official ...1
. t , :.hi. ct.y of , 1 984.
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S'l'A'I'E or
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BEFORE ME, a Notary Public in and for ..id County and Sute,
per&onally appeared and
who acknowledqe theaselye. to be and
of , and acknowledqe that they executed the wi thin
inatrUlaent for the purpo.e therein contained.
uy of
~itness .y hand and notarial, this
1984.
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BOYNTON COMMERCE CENTER (PID)
USE APPROVALS
FILE NUMBER DATE APPROVED USE APPROVED
Memo dated July 16, 1985 not requiring Environmental Review approval
. Manufacturing, including compounding, assembly,
repair, or treatment of articles of merchandise from the
following oreyiouslv prepared materials
. Cellophane
. Canvas
. Fiber (Le., wood, except that furniture mfg. requires
enyironmental review) Fiberglass
. Glass
. Leather
. Textiles
. Yarn
. Warehouse, distribution, wholesale
. Any use listed in Sections B.A.c. (2), (3), (4), (6),
(7), (14), and (16) of the "M-l INDUSTRIAL
DISTRICT" Zoning Regulation. Retail sales are
allowed for goods listed under these section,
proyided that less than 50% of the goods sold on the
premises are sold at retaiL
. Operation Center - requiring a mix of moderate
warehouse and increased office use.
i.e., Bank Operations Center
Insurance Company Records Storage
Government Operations Facility
Radio/television Studio
Offices for contractors and other businesses
(Storage. shops. and truck parking for contractors is
specifically prohibited, however)
For these uses and other uses, up to 25% of the floor area
can be deyoted to office use without being considered a
separate occupancy. Aboye 25%, the office floor space
would have to meet the parking requirements for office use
(1 space per 300 square feet).
Uses requiring Environmental Review - see Planning
Department for Application
. Manufacturing, including compounding, assembling,
repair, or treatment of articles or merchandise from the
following previously oreoared materials.
. Cosmetics
. Drugs
. Pharmeceuticals
. Paper
. Plastics
. Metal (i.e. machine shop)
. Wire
. Rubber
. Electrical appliances, instruments, devices, and
components
. Auto parts and equipment
. Boat parts and equipment
. Airplane parts and equipment
. Medical equipment, instruments, devices, and
components
. Furniture
. Precision instruments
. Engraving, printing, and publishing
All uses not specifically listed above are prohibited.
Furthermore, the following uses are expressly prohibited:
1
FILE NUMBER DATE APPROVED USE APPROVED
. Fertilizer manufacturing, sale, or distribution
. Millwork
. Metal casting
. Welding shops
. Contractor's shops, storage, or truck parking
. Retail sales, where the value of goods sold at retail
exceeds 50% of the total yalue of goods sold from
the premises
. Any warehouse or wholesale use which is listed in
Section 8.A.2.b., Section 8.A.3.c., or Section
8.A.5.b. of the "M-I INDUSTRIAL DISTRICT"
Zoning regulations
Steamatic at November 12, 1985 Permitted Uses, Not Requiring Environmental Review
Boynton Planning and Zoning Board Approval
Commercenter . Personal Services
. Carpet and Upholstery Cleaning
Cosmetic October 13, 1987 Planning Warehousing, Distribution, Wholesale is also permitted as a
Deyelopment and Zoning Board principal use for the above-referenced manufacturing
Corporation at categories, subject to Environmental Review
Boynton
Commercenter
LESCO, Inc. at Denied Noyember, 1987 Lawn care products wholesaler/distributer
Boynton Planning and Zoning Board
Commercenter
May 14, 1987 memo Operations Center
reyised permitted uses Warehouse, Distribution, Wholesale
. Newspaper distribution facility
Lobster Express February 25, 1991 memo II. Uses requiring Environmental Review - See Planning
File No. 575 revised permitted uses Department for Application.
2/91 B. Warehouse, Distribution, Wholesale
I. Seafood (excluding processing)
2. Principal uses for any of the manufacturing
categories listed under II.A. above.
Parking Requirement
Warehouse. distributing. wholesale: One (1) parking
space per eight hundred (800) square feet of gross
floor area (subject to the conditions outlined in notes
1-3 below).
Manufacturing:: One (1) parking space per two (2)
employees, but not less than one (I) parking space
per five hundred (500) square feet ,of gross floor area
(subject to the conditions outlined in notes 1-3
below).
1. Showrooms associated with the principal use are
permitted as an ancillary use.
2. Offices associated with the principal use are
permitted as an ancillary use with a maximum of
25% of the total gross floor area devoted to such
use.
3. Office floor area which exceeds 25% of the total
gross floor area shall be considered a principal
use and shall provide parking at the rate of one
(1) parking space per three hundred (300) square
feet of the entire gross floor area devoted to such
use.
Ooerations Center: One (1) parking space per three
hundred (300) square feet of gross floor area devoted
2
~OYNTON COMMERCECENTER (PID)
USE APPROVALS
FILE NUMBER DATE APPROVED USE APPROVED
Memo dated July 16, 1985 not requiring Environmental Review approval
v /. Manufacturing, including compounding, assembly,
repair, or treatment of articles of merchandise from the
following previously prepared materials
~- . Cellophane
v. Canvas
_. Fiber (i.e., wood, except that furniture mfg. requires
environmental review) DJ:>erglass
.A Glass
v. Leather
.... Textiles
-e Yarn
. Warehouse, distribution, wholesale
.v
. Any use listed in Sections B.A.c. (2), (3), (4), (6),
(7), (14), and (16) ofthe "M-l INDUSTRIAL
DISTRICT" Zoning Regulation. Retail sales are
allowed for goods listed under th~e section,
provided that less than 50% of the goods sold on the
premises are sold at retaiL
. Operation Center - requiring a mix of moderate
warehouse and increased office use.
i.e., Bank Operations Center
Insurance Company Records Storage
Government Operations Facility
Radio/television Studio
Offices for contractors and other businesses
(Storage. shops. and truck oarking for contractors is
specifically prohibited, however)
For these uses and other uses, up to 25% of the floor area
can be devoted to office use without being considered a
separate occupancy. Above 25%, the office floor space
would have to meet the parking requirements for office use
(1 space per 300 square feet).
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~ ,. Uses requiring Enyironmental Reyiew - see Planning
Department for Application
. Manufacturing, including compounding, assembling,
repair, or treatment of articles or merchandise from the
following previously prepared materials.
. Cosmetics
. Drugs
. Pharmeceuticals
. Paper
. Plastics
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vices, and
ices, and
~
hibited.
y prohibited:
1
.FILE NUMBER DATE APPROVED USE APPROVED
to office use and one (1) parking space per eight
/...- hundred (800) square feet of gross floor area devoted
V to warehouse use. Where both office and warehouse
uses are intermixed, parking shall be calculated .
based on the requirement for office use.
Personal Services and Offices: One (1) parking
[---Space per three hundred (300) square feet of gross
floor area.
Bell South City Commission denied Relay Towers
Mobility, File 517/91
No. 585 4/91
File No. 746 Planning and Development Co 1) Nursing registries
5/93 approved 5/11/93 2) Accessory retail plastics as an accessory use to
wholesale/distribution of plastics
L- )l.Non-profit trade organization research facility and
records storage
L- .4}-Leasing office
'- 5) Satellite operations management offices for any light
industrial use allowed in the M -1 zoning district
6) Professional engineering offices refere!!.~iLl!!14er
operations centers on.th~curr~nill~tQ.fpermjtted uses
foitlie" Boynton Commercenter, St::ction I.D.5
May 21, 1993 memo I. _Permitted Uses, Not Requiring Environmental Review
...---
revised permitted uses Approval
'-C. Warehouse, Distribution, Wholesale
1. Any manufacturing category listed above, or any
..__use listed in Sections 8.A.1.c (2), (3), (4), (6), (7),
(14), and (16) of the "M-l INDUSTRIAL
DISTRICT" Zoning Regulations.
2. Retail sales are allowed for goods listed under the
. sections specified in I.C.l. above, provided that
............ less than 50% of the goods sold on the premises
are sold at retail.
E. Offices
1. PID leasing Office
~2: Satellite Operations Management Offices for any
i-/ Light Industrial Use Allowed in Section 8 ofthe
"M -1 Industrial District" Zoning Regulations
3. Professional Engineering Offices
USAP 95-002 Request WITHDRAWN Wholesale distribution, retail, repair and assembly of lawn
May 2, 1995 City maintenance equipment
Commission Meeting
USAP 96-001 Request WITHDRAWN Communication tower
March 12, 1996 Planning
and Development Meeting
J:\SHRDA T A \PLANNING\SHARED\ WP\PROJECTS\BCOMMCTR\USES.DOC
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