LEGAL APPROVAL
.--"'-
{
~ .;
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-283
TO:
Occupational License Department
FROM:
Michael W. Rumpf
Acting Director of Planning and Zoning
DATE:
September 24, 1998
SUBJECT:
Boynton Commercenter PID -
List of Permitted Uses and Parking Requirements
The list of permitted uses and parking requirements at the Boynton Commercenter has been
amended by the Planning and Development Board, at their May 11, 1993 meeting, for the
warehouse buildings located in this Planned Industrial Development (PID) as follows:
1. Permitted Uses, Not Requiring Environmental Review Approval.
A. Personal Services
1. Carpet and Upholstery Cleaning
B. Manufacturing, including compounding, assembly, repair, or treatment of articles or
merchandise from following previouslv prepared materials:
1. Cellophane
2. Canvas
3. Fiber (i.e., wood, except that furniture manufacturing requires environmental
review)
4. Fiberglass
5. Glass
6. Leather
7. Textiles
8. Yarn
C. Warehouse, Distribution, Wholesale
1. Any manufacturing category listed above, or any use listed in Sections 8.A.l.c (2),
(3), (4), (6), (7), (14), and (16) of the "M-l INDUSTRIAL DISTRICT" Zoning
Regulations.
6. Metal (i.e., machine shop)
7. Wire
8. Rubber
9. Electrical appliances, instruments, devices, and components
1 O. Auto parts and equipment
11. Boat parts and equipment
12. Airplane parts and equipment
13. Medical equipment, instruments, devices and components
14. Furniture
J. 1'\.l;;laU ;:)a.J.I;;;:) a.J.1;; aUU\lVl;;U .LU.L ~uuu:s U:SlI;;U WIUl;;l ..JI;;~UUU 11.r1.....I. auuvl;; \JJ1a;:)l1~;:))
.....",,;...1.....1 th",t I..,,., th",... ,(\0/_ "f'th.. .....""...1" ",,1...1 "n thp nrprn;c:pc: ~rp c:nlrl ~t rpt~;l
Page 2 of 4
Boynton Commercenter PID -
List of Permitted Uses and Parking Requirements
2. Retail sales are allowed for goods listed under the sections specified in 1.C.l.
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. RadiolTelevision 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
11. 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 prepared 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
~
.,.. vv o;;;;lU1U5 .>uvp.>
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),
/'
Page 3 of4
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 I1.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 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.
Operations Center: One (1) parking space per three hundred (300) square feet of gross
Page 4 of 4
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
~' _,r>'
J
LF.ASE AGREEMENT
THI LEASE AGREF.:MENT (hereinafter referred to as the "Lease") is
made and ente ~d into this day of , 198__, by
and between (hereinafter referred to as "Landlord")
and (hereinafter referred to as "Tenant").
WITNESSETH:
THAT LAN uORD, in consideration of the rents, covenants, and
agreements he - eafter promised and aqreed hy Tenant to he paid and
performed, ck 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 following 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 footage of the Building in Phase
Section 1.2. Tenl. Tencwt shall have and hold the Premises for a
term of years commencing 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 be prorated according to the number of days in such month and
paid on a per diem hasis, in anvance, on the date the term commences. 'rhe
parties hereto agree that when the nates of commencement and termination
of this Lease are determinerl, they will execute, prior to occupancy, an
estoppel certificate certifying said dates.
Section 1.3. Holnover. Should Tenant hold over and remain in
possession of the Premises at the expiration of any Term hereby created,
Tenant shall, hy 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 pain, which said monthly tenancy shall he subject to all
the condition,; and covenants of this J.ease as though the same had been a
monthly tenan'~y instean of a tenancy as provided herein, and Tenant shall
give to LandI )rd 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 by the month shall not he
entitll~c1 to t 'n (10) d.1Y:;' noliel' in tht~ UV~H1t till) ~;"ld ''''lit I:; Ih)1 1',11.t
in advance wi ~hout demand, the usuill ten (10) days' writ!.':11 lIntie.: hUllI(t
hereby expres ;ly waived.
ARTICLE II
Hent and lIse of Prernisel:i
Section! ~.1. Rent; Late Charge; Sales Tax. Tenant agrees to pay
Landlord Rent. for the first year of the initial term of this Lease of
(liRa: Rent") payahle in twelve (12) equal monthly installments of
,.1 advance of the first day of each and every month during the
Term hereof. ,Commencing on the first anniversary of this Lease and on
each and everJ anniversary nate thereafter, the annual Rent shall he
increased by Percent (__%), not including any monthly Rent
payment is nf' paid within five (5) nays after it is due, Tenant agrees to
pay a late cl rqe of 'I'en Pl'rcent (10%) of the amount of the payment due.
Tenant shall ay to Landlorn all sales or use taxes pertaining to the Rent
currently Fi' Percent (5~) which shall be remitted by Landlord to the
Florida Depal ment of Revenue.
. .
-2-
Section 2.2' PaYl'len t \..Ji thout Notice or Demand. Except as otherwise
providen in this ,ease, thp Rent called for hereunder shall be paid to
Landlorci without \otice or d'~I"aJ\ci, nnn without counterclaim, offset,
deduction, i\hate,~ 'nt, su~pem;ion, deferment, diminution or reduction, by
reason of, ann t ! obliqations of 'I'enant under this Lease shall not be
affected by, any .J:ircumst'H1Ct~ or occurrence whatsoever, and except as set
forth herein, Te ~nt hereby waives all riqhts now or hereafter conferren
by statute or oU ~rwi5e to quit, terminate or surrender this Lease or the
Premises or any lrt thereof, or to any abatement, suspensions, defer~ent,
diminution or reo lction of the Rent on account of any such circumstances
or occurrence.
Section 2.3 Place of Pnvrnent. All payments of Rent shall be made
and paid hy TenaJ . to I.andlord at such other place as Landlord may, from
time to time, de~ Cjnated in writinCj, and sllch Rent shall come due and be
paid in each ins, tOce on the nate which it may hecome due. All Rent shall
he payahle in th current leCjal tender of the Ilni ted States, as the same
is then by law c. .lstituted. Any extension, indulgence, or waiver granted
or permitted hy ~,mdlord in the time, manner or mode of payment of Rent,
upon any occasion, shall not he construed as a continuinq extension of
waiver and shall not preclurle Landlord from demandinq strict compliance
herewith. If Tenant sends the Rent to Landlord by mail, the envelope
containinq the check for the Rent shall he 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
ohtaininq the written consent of Lancilord. The written consent of
Landlord shall not he unrertsnnahle withheld. Tenant will not use of
permit the use of the Premises or any part thereof for any unlawful
purpose and will not do or pl~rmit any act or thinq which would materially
impair the value or usefulnl~ss of the Premises or any part thereof, or
which would const.itute a puhlic or private nuisance or waste or which
would he a nuisance or annoyance or ciamaqe to Landlord or Landlord's other
tenants, or which would invalidate any policies of insurance or increase
the premiums thereof, now OJ" hereafter written on the buildinq 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 parkinq may be made availale
to the Tenant as conveniently located to the buildinq as
nonexclusive
the Landlord
possihle.
Section 2.6. Security Deposit. Simultaneously with the exe9ution of
this Lease, Tenant shall pay t.he sum of to he held by Landlord
as a security deposit as security for t.he performance hy Tenant of all the
terms, covenants and conditjol1s 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 I s
employees, aqents, invitees, or licensees; (c) the cost of cleaninq the
Premises to the f''o(tent that the Landlord shall determine if necessary to
restore the Premi .;es, except for reasonable wear and tear, to the same
condition it was Ln at the time Tenant beqan occupancy thereof. If the
Tenant complies ~Lth all such terms, covenants and conditions, then within
thirty (30) days lfter termination of this Lease or any renewal or
extension thereoj, the Landlord shall return said sum to the Tenant, less
any deduction mac ~ by the I.dlldlord therefrom to payor reimburse the
Landlord for the '-::ost, losses, or damaqes specified above. The Landlord
shall not be limi...::ed or res tcicted in pursuinCj the Landlord's remedies
aqainst ttu~ Tenal for costs, losses or damaqes to the Premises or to dny
other property OJ the Landlord, includinq the building of which the
Premises is a pa , for any such costs, losses or damaqes which, in the
jUdqment of the c ndlorci, iHl! in excess of such cash innemni ty. Such
money shall bear '10 interest ann may he comminqled with other security
deposi ts or fund13Jof the La.ndlord.
by
II
-)-
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 Landlord 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 dfgcretion 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 Landlord's hehalf in respect of the repair,
maintenance and .>peration of the Property and/or Buildinqs and the curhs,
sidewalks and pldzas adjoininq the same (except for those matters where a
particular tenal,"'. is solely responsible).
(d) The tell~ "Taxes" shall mean: (i) the aqqreqate amount for whl.ch
the Buildinqs, i,-ld all land or real property owned or leased hy Landlord
underlvinq the lildinqs 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 body havinq jurisdiction for the purpose of imposition
of real estate:Jlxes; and (ii) any reasonahle expenses incurred hy
Landlord in con1~stinq such taxes or assessments and/or the assessed value
of the Buildinq ,and/or tlw Property, which expenses shall be allocaterl to
the Tax Year to ,hich such expenses relate. Any special or other
assessment or 1. ~ for any Tax Year which is imposed upon the Property
and/or the Buil( nq shall be added to the amount so determined and shall
he deemed to he ncluded within the term "Taxes" for the purposes hereof.
If at any time ( Irinq the term of this Lease, the methods of taxation
prevailinq on tl ! date hereof shall he altered, such additional or
suhstitute tax, sessment, levy, imposition or charge shall be deemed to
he included wit) Ln the tern "Taxes" for the purpose hereof.
(e) The te \ "Tenant I s Proportionate Share" will be determined by
di vidinq the qr,'iS rentable square footaqe of the Buildings into the
Tenant's rentable square footaqe. When all phases of are
completed Tenant's Proportionate Share may he 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
Buildinq until Oecember 31 of the same year.
(q) The term "Base Operatinq Year Taxes and
shall mean the calendar year Early in
prepare a Budqet and SUhMit 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 Landlorrl
shall he liahle for the Ri:lSf. Operatinq Year Taxes and Operatinq Expenses
for the first year. For each Operatinq Year thereafter, the Tenant shall
he liahle for its Proportiolldte Share of any excess Taxes and Operatinq
Expenses over and above the Rase Operatinq Year Taxes and Operatinq
Expenses for which T.anrllorrl shall continue to he responsihle.
Section 3.3. Buclqet; F\lture Aciclitional Rent. Landlord shall furnish
to Tenant prior to thirty ('30) days after the beqinninq of each Operatinq
Year after the Base Oppratinq Year and Budqet settinq forth Landlord's
estimate of Taxes dnd Op(~rd Unq f':xpent;es for the cominq Operdtinq Yed(.
The Rudqet 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
Landlord shall prepare
any increase or
-4-
actual occupancyJrate or at an occupancy rate of ninety percent (90%),
whichever is hip ere Tenant shall pay to Landlord, on the first day of
each month as At.i tional Rent. an ar.lount equal to one-twelfth (1 /12th) of
Tenant's Proport onate Share of Landlord's estimate of the excess Taxes
and Operatinq E> enses above Landlord's estimate of the exce~s Taxes and
Operatinq Expen~ s above the Rase Year Taxes and Operatinq Expenses. If
an Operating Yen ends after the expiration or termination of this Lease,
the Additional f nt payable hereunder shall be prorated to correspond to
that portion of he Operatinq Year occurinq within the term of this
Lease.
Section 3.""- Statement of Actual costs. Within one hundred twenty
(120) days aftel' the end of each Operatinq Year, Landlord shall furnish to
Tenant an OperaL'nq Statel'lent showinq actual Taxes incurred and operating
costs incurred or reserved for the preceding Operatinq Year. If the
Operatinq Statement shows that the sums paid by Tenant under this Article
minus any amounts collected and held in the reserve accounts, exceed
Tenant's Proportionate Share of the Additional Rent allocated to Taxes and
Operatinq Expenses, Landlord shall promptly either refund to Tenant the
amount of such excess or. rerl'lit Tenant to credit the amount thereof
aqainst subsequent payments of Additional Rent under this Article; and if
the Operatinq Statel'lp.nt 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 recp.ipt thereof,
Tenant shall notify Landlord that it disputes the accuracy of said
Operatinq Statement. Failurp. of Landlord to submit the written statement
referred to herein shall not waive any riqhts of Landlord, unless such
statement is not submitted within one year from the end of the prior
calendar year. Notwi ths tandinq 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
Lf>asehold 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 floor plan of the buildinq. Notwithstandinq the
fact that minor ,lr insubstantial details of construction, mechanical
ad;ustment of d~coration reMain to be performed, the non-completion of
which does not ",aterially interfere with Tenant's use of the Premises.
Leasehold improvements to the Premises may he made provided the followinq
steps are taken; (i) all plans and specifications must have the prior
wri tten approva] of the Landlord; (ii) the Landlord shall perform the
leasehold impro\ ements in accordance with a separate aqreement ....i th th.~
Tenant; and (iL) Tenant shall be solely liahle for all costs relatinq to
such improvemen1s. During the period while the Leasehold improvements are
beinq made this Lease shall he in full force and effect includinq the
obligation to p. y Rent.
Section 4. '-. Acceptance of Premises. Tenant acknowledqes that
Landlord has no made any representations or warranties with respect to
the condition 0 the Premises and neither Landlord nor any assiqnee of the
Landlord shall ~ liable for any latent or patent defect therein.
Landlord hereby". lssiqns to T.,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 perfon'lance in connection with the construction or
repair of such nprovements. The takinq of possession fo the Premises by
Tenant shall he ~onclusive evidence that the Premises were in qood and
satisfactory co iition at thp time such posseRsion was taken, except for
the minor or in Jbstantial rtetails referred to in Section 4.1 of ....hich
-5-
Tenant qives Landlord notice, within thirty (30) days after the
Commencement Date, specifyinq such details with reasonable particularity.
ARTICLE V
Ouiet Enjoyment
Landlord aqrees that Tenant, upon payinq 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 ann
requlations of the Landlord affectinq the Premises on its part to be
performed, shall lawfully ilno quietly holo, occupy and enjoy the Premises
durinq the tee ,11 of this Lease, subject to these terms, without. hindrance
or molestation hy Landlord or any party claiminq hV, under or throuqh
Landlord.
ARTICLE VI
t1aintenance and Repair
Section 1.1 Tenant's Clhliqations. Tenant shall, at its p.xrense,
throuqhout tht term of this Lease, take 'load care of the Premises, the
fixtures anrl ,ppurtenances tht~rein anrl Tenant's Property. Tenao t. shall he
solely respom.~ible for all repairs, interior and exterior structural and
non-structura' oriiinary 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 be !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
facilities s~ Jinq the Premises in qood workinq order, condition and
repair, and sCall make all repairs, structural and otherwise, interior and
exterior, as and when neeoed 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 liahility to Tenant, nor shall
Tenant's covenants and ohliqations hereunder he reduced or ahated in any
manner whatsoever, hy 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 Buildinq or the Premises, or
in or to the fixtures, equipment or appurtenances of the Huilding or the
Premises. Landlord shall not he liahle for any damaqe to Tenant's
property caused hy water frOM burstinq or leakinq pipes, waste water about
the rented property, or otherwise; or from an intention.ll or neqliqent dct
or any co-tenant or occupant of the property surroundinq the rented
property, or otht!r person, Of hy fire, hurricane or other Clcts of Cod; or
by riots or vandals; or fron any other cause; all such risks shall be
assumed hy the Tenant. Teni'lnt waives any and all claims of any kind,
nature or description aqainst Landlord arisinq out of the failure of the
Landlord from time to time to furnish any of the services requested to he
furnished hereunder includinq, without limitation, air conditioninq, heat,
electricity, and toilet facilities.
.
-6-
ARTICLE VII
Landlorrl's Riqht of Access
Section 7.1. Access for Maintenance and Repair. Except for the space
within the inside surfaces of all walls, hunq ceilinqs, floors, windows
and doors boundinq the Prprlisf's, all of the Huilrlinq, includinq, without
limitation, exterior Builrlinq walls, core corridor walls and doors and any
core corridor entrance, any terraces or roofs adjacent to the Premises,
and any space in or adjacent to the Premises used for shafts, stacks,
pipes, conduits, fan rooms, ducts, electric or other utilities, sinks or
other Buildinq f~cilities, dnd the use thereof, as well as access thereto
throuqhout the Premises for the purposes of operation, maintenance,
decoration and r~pair, are reserverl to Landlord, to install, erect, use
and maintain pip~s, ducts or conduits in and throuqh the Premises.
Landlord shall b~ allowed to take all materials into and upon the Premises
that may he requlred 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 '1 ~nant is present at the tillle of such emerqency, the
Landlord, i ts aQ.~nts and elaployees, shall have the riqht to enter the
Premises for th~_pllrpose of remedyinq or ahatinq the cause of such
emerqency and s,' h riqht of entry shall he inunediate and wi thout the
necessity of pL .r notice to or consent of Tenant. To facilitate entry in
the event of su, elnerqency, the Tenant shall deposit under the control of
the Landlord a L ~y to the Premises.
Section 7. . Access for Inspection and Showinq. (lpon n'!asonahle
notice to TenantJ and durinq normal business hours Landlord and its a'lents
shall have the' ':qht to enter and/or pass throu'lh the Premises at any time
or times to exar ne the Premises and to show them to actual and
prospecti ve Sup, 'ior Lessors, Superior Mortqaqees, or prospecti ve
purchase rs, mor, laqors or l(~ssors of the bui ldinq. Duri nq the pe r iod of
1R months prior 0 the expiration ciate of this Lease, Landlord and its
agents rlay exhil t the PrelT\ises to prospective tenants.
Section 7., , Lanctlorci's Alterations and Improvements. If at any time
any windows of 1 ,e Premises are temporarily darkened or obstructed by
reason of any n, )airs, improvements, JTIaintenance and/or cleansinq in or
about the build lq, or it any part of the buildin'l, other than the
Prelllises, is te._)orari ly or permanently closed or inoperahle, the same
shall be withOUt liahility to Landlord and without any reduction or
diminution of Tenant's ohliqations unc'ler this Lease. Landlord reserve~
the riqht, at any time, wi t,hout incurrinq any liabili ty to Tenant
therefor, and without affectinq or reducinq any of Tenant's covenants and
obliqations hereunder, to Ini'lke such chanqes, alteraltions, additions, dnd
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 puhlic parts of the Buildinq, as Landlord shall dee~ 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 Liahility and Property Da~aqe. Tenant shall, durinq the
Term of this Lease, maintain insurance against public liability, including
that from personal iniury or property damaqe in or about the Premises
resulting from the occupation, use or operation of the Premises, insurinq
both Landlord and Tenant, in amounts of not less than One Million Dollars
($1,000,000.00) in respect to bodily injury or death to anyone person, of
not less than Three Million Dollars (53,000,000.00) in respect of bodily
injury or death to more than one person in one accident, and of not less
than One Million Oollars (~~l,OOO,OOO.OO) in respect of property damaqe.
(b) All poJicies of insurance provided for in section (a) shall be
188ued in form acceptahle to Landlord by insurance companies with qeneral
,e
..
-7-
policyholder's ra\ nq of not less than XI ilnd a financial ratinq of AAA as
rated in the most, urrent rtvrtilahle "Best's" Insurance Reports, and
qualified to do h,iness in norida. Each and every such policy:
(i) shall be 1ssued in the names of Landlord and Tenant and any other
parties in intere: from til:le to time desiqnated in wri tinq by notice from
Landlord to Tenant
(ii) shall bf for the mutual and joint benefit and protection of
Landlord and Tenal and any such other parties in interest;
(iii) shall, r a certificate thereof shall) he delivered to each of
Landlord and any E ch other parties in interest within ten (10) days
before delivery 01 possession of the Premises to Tenant and thereafter
within thirtv (30) days prior to the expiration of each policy, and, as
often as any such __,olicy shall expire or terminate, renewal or additional
policies shall he .rocured and maintained in like manner and to like
extent;
(iv) shall c(~.tain a provision that the insurer will qive 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 contribute 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 be
entitled to recover under said policies for any loss occasioned to it; his
servants, agents and employees by reason of the neqligence of Tendnt.
(c) anv insurance provided for in section (a) may be maintained by
means of a policy or policies of blanket insurance, covering 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 be 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 be 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.
(d) Tenant aqrees to pt~rmi t Landlord at all reasonalhle tilnes to
inspect the policies of insurance of Tenant with respect to the Premises
for which policies or copies thereof are not delivered to Landlord.
ARTICLE IX
Default; Landlord's Remedies
Section 9.'. I';vents of l1efaul t. The tenant should be in default
under this Lease i~ anyone or more of the followinq events shall occur:
(i) Tenant sllall fail to pay any installment of the Rent ca~led for
hereunder as and W:1en the sa~e shall hecome due and payable, and such
default shall cont: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 perLad of ten (10) days after the qivinq of written notice
thereof from LandlJrd to Tenant, or, in the case of any such default which
cannot, with bona ide due diliqence, he cured within ten (10) days,
Tenant shall fail _0 proceed promptly after the qiving of such notice with
hona fide due dili~ence to cure such default and thereafter to prosecute
the curinq thereot wi th sairl due rli liqence wi thin such period of ten (10)
days (it beinq inl nded that as to a default not susceptible of beinq
cured with due di. qence within ten(10) days, the time within which such
default may be CUK d shall he extended for such period as may be necessary
to permit the samt to he cured with due diliqence;
(iii) TenantJshall assiqn, transfer, mortqaqe or encumher this Lease
or sublet the Pref ses in a manner not permitted by Section
(iv) Tenant hall file a voluntary petition in bankruptcy or an
Order for Relief I entered aqainst it, or shall file any petition or
answer seekinq art nqement, reorqanization, composition, readjustment or
similar relief unt r any present or future bankruptcy or other applicable
-9-
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 by 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 payable 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 endinq 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
(b) Bums 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, payable upon the due dates therefor specified herein followinq
such termination or such re-entry and until the date contemplated and the
expiration date if this Lease had not so terminated or if Landlord had not
so re-entered the Premises.
If Landlord, at his oPtion, 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 incurre<, 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 ldlettinq, 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 payable by Tenant to Landlrod hereunder,
nor shall Tenant' :Ie entitled in any suit for the collection of damaqes
pursuant hereto ,) a credit in respect of any net rents from' are-letting,
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 lny installments thereof, may be 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 ~amaqes
particularly pro .ded above, landlord may lawfully be entitled by redson
of any default h.('eunder on the part of Tenant. All the remedies
hereinhefore qi v' 1 to Landlord and all riqhts and remedies qiven to it at
law and in equi t. . shall be cumulative and concurrent.
ARTICLE 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
wai ver and re lease. Shaull1 the insurer of one rarty require an additional
pnmium fir (1n~t ill lllllll::lldPI 11111111 or illl1}III:11011 of tll~ ~11l1(lr~~IIl~1111 11 wi II
he the reHpnnRih.ility af II.., oUlf~r party to pay such additional costs, and
it nuL JICl1d, th.,y 101111 !Utitl l.h., hl:lIl.,tJ.~ uJ: \.hl_ Ar\.loJ....
.
..
. -10-
ARTICLE XII
Utili ties
Tenant is to pay the r.ost of electricity, fuel, qarbaqe collection,
and other special fees for utilities or services used in or for the
Premises. Water and sewer charges will be included in the Common Area
Maintenance Costs with the ~xception of high users, who will be
individually meteren. Lnndlorn shall not be liable for any interruption
in the supply of any utility services to the Premises, nor shall any such
interruption constitute any qrounrl for an abatement of any of the rents
reserved hereunder. Tenant shall not at any time overburden or exceed the
capacity of the mains, feerlers, 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 be damaged as a result of a risk which is not
covered by Landlord's insurance, or (c) should be damaged in whole or in
part during 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
building shouk be damaged to the extent of fifty percent (50~) or more of
the then monetary value thereof, or if any or all of the buildings or
Common Areas 01 the entire building are damaged, whether or not the
Premises is dall.aged, to such an extent that the entire building cannot, in
the sole judgmfnt of Landlorci, be operated as an integral unit, then, or
in any of such events, Landlord may either elect to repair the damage or
may cancel thi: Lease by notice of cancellation given within one hundred
eighty (180) dc:'ys after such event, and thereupon this Lease shall expire,
and Tenant shai~ vacate anci surrender the Premises to Landlord. Tenant's
liability for ,nt upon the termination of this Lease shall cease as of
the day follow 19 the event of ciamage. In the event Landlord repairs the
damage insurab : under the Landlord's policies, any abatement of rent
shall end five )) days after notice by Landlord to Tenant that the
Premises has b. m repairerl. 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 by Tenant
Section L-~. No Liens. Tenant agrees that it wil not create, permit
or suffer the I,nposi tion of any lien, charge 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 agrees to indemnify and
hold harmless Landlord from and against any and all such costs and
liabilities incurred hy Tenant, and against any and all mechanic's,
materialman's or lahorer's liens arising out of or from such work or the
cost thereof which may be apserted, claimed or charged against the
Premi8e8 or the Ruildinq or site on which it is located. Notwithstandinq
. -11-
J
anvthinq to th~ ~ontrary in this Lease, the interest of Landlord in the
Premises shall ~t 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 aqreement b tween Landlord and Tenant, and it is specifically
understood and qreed 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 by or for
Tenant; and thL 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 hy 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 shall he asserted of record aqainst the interest
of Landlord in the Pre~ises or Buildinq 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 aqrees to have such notice of claim of lien cancelled and
discharqed of record as a claim aqainst the interest of Landlord in the
Premises or the Buildinq or the site on which it is located (either hy
payment or hand as permitted hy 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 l~a6e.
ARTICLE YN
Bankruptcy or Insolvency
If at any time the date of this Lease (whether prior to the
commencement of or durinq the term of this Lease):
(a) any proceedinqs in bankruptcy, insolvency or
reorqanization shall he instituted aqainst Tenant pursuant to any federal
or state law now or hereafter enacted, or any receiver or trustee shall he
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
business or proJ~rty or aqainst the leasehold estate created hereby and
any of such proceedinqs, process or appointment be not discharged and
dismissed withi., thirty (30) days from the date of such filinq,
appointment of 'ssuance; or
(h) Tenant shall be or hecome bankrupt or insolvent, or Tenant
shall make an a~,siqnment for the henefit of creditors, or Tenant shall
file a voluntar' petition in bankruptcy or petitions for (or enters into)
reorqanization, composition or any other arranqement 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, hy
operation of la'-; or otherwise, anyone other than Tenant (except as herein
provided), the ,~ccurrence of anyone of such contiqencies aha 11 be deemed
to constitute d I shall he construed as a repudiation hy Tenant of
Tenant's obliqa Lons hereunder and shall cause this Lease ipso facto to he
cancelled and t (rninated, without therehy releasinq Tenant; and upon such
termination, La~ _:!lord shall have the immediate riqht to re-enter the
Premises and tc 'reMove all persons and property therefrom and this Lease
shall not be tr,,J.ited as an dtiSet of the Tenant's estate dnd nei ther the
Tenant nor anyc Po claiminq bv, throuqh or under Tenant by virtue of any
law of any orde of any court, shall be entitled to the possession of the
Premises or to ~l1Iain in the possession thereof. Upon the termination of
this Lease, as foresaid, Landlord shall have the right to retain as
partial damaqe~ 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 damaqes, unless
any statute or lle of law qoverninq the proceedings in which such damaqes
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 obligat.ons under this Lease, if any.
ARTICLF. XVI
Right 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) days' 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) qiven following expiration
of any applicahl~ cure period, to make any payment or perform any act
required so such other party unoer any provision in this Lease, and in
exercising such 19ht, to incur necessary and incidental costs and
expenses, inclu( nq reasonahle counsel fees. Nothing herein shall imply
any obliqation c the part of either party to make any payment or perform
any act requirec of the other party, and the exercise of the right to do
so shall not conJtitute a release of any obligation or a waiver of any
default.
Section 16..
expenses incurrf
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 right set forth
eimbursed hy the other party within ten (10) days after
setting forth the amounts so expended together with
aximum lawful rate (currently Eighteen Percent (18%) from
tes of the making of such payments or the incurring of
penses, to the party making 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 longer permitted to use the Premises.
17.2 If any part of the Premises shall be taken rendering the
remaining portion unsuitable for the husiness of Tenant, then this Lease
shall terminate as aforesaid. If such partial taking is not extensive
enough to render the Premises 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 Premi$es taken
hears to the original floor area thereof.
17.3 If more than fifty percent(50\) of the floor area of the entire
building shall he taken, LawHorn 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 this 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 J~id by
Tenant in advance.
17.5 Tenant shall not he entitled to and expressly waives all claim
to any condemnation award for any taking, whether whole or partial, and
whether for dimunition in value of the leasehold or to the fee; provided,
however, Tenant shall have the right, 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 be
made separate and apart from any award to Landlord, and without prejudice
to Landlord's award.
-13-
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
Suhordina _Lon; Notice to Mortgagee; Certificate; Attornment
19.1 Tenant shall, upon Landlord's request and with the consent of
any prior mortgagee, suhordinate this Lease to any lien placed by Landlord
upon the entire building of which the Premises forms a part, with an
insurance company, bank, or any other lender, provided that such lender
aqrees 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,
be a party to such an agreement, and will aqree that if such lienholder
succeeds to the interest of Landlord, Tenant will recognize 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, anythinq in this Lease to the contrary
notwithstandinq, Tenant aqrees that it will not terminate this Lease
because of Landlord's 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 mortqagee's name and address)
specifying the nature of any such default by Landlord and allowing
Landlord and such mortgage holder, or either of them, thirty (30) days
after date of such notice to cure such default or a reasonable period of
time in addition thereto if circumstances are such that said default
cannot reasonably be cured within said thirty (30) day period.
19.3 Tenant shall, without charqe, 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, assigllee of any mortqagee 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 l'Iodification, that the same is in full force
and effect as mOI,ified and stating the modifications);
(b) TLe dates, if any, to which the net rent: and additional
rent, taxes and "ther charges 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 belief, in default in the performance of
any covenant, co~rlition or agreement on Landlord's part to be performed
and if in defaul , the specific nature of the default; and
(d) S ~h other pertinent information as Landlord or such
Mortgaqee may re Jest.
Section 19. . Attornment. If any Superior Lessor or Superior
Mortqaqee shallucceed to the riqhts of Landlord hereunder, whether
throuqh possessi~\ 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 rdot), 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 1ttornment. 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 t~at the Successor Landlord shall not: (a) be
liable for any r evious act or omission of Landlord undert this Lease, (b)
be suhject to a~ offset, not expressly provided for in this Lease, which
..
-14-
theretofore shall have accrued to Tenant against Landlord; or (c) be bound
by any previous modification of this I.ease or by any previous prepayment,
unless such modification or prepayment shall have been previously approved
in writing by such Successor Landlord.
Section 19.5. Notice ot Superior Lessors and Mortgagee. If any act
or omission of Landlord would give 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
given written notice of such act or omission to Landlord and each Superior
Mortgagee 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 following the giving of such
notice and follc..tinq 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 he 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 Mortgagee or Superior Lessor shall,
with due diliger,ce, give Tenant notice or intention to, and commence and
continue to, rell.edy such act or omission.
ARTICLE XX
Assignment and Subletting
Section 20 . Tenant's Transfer.
(a) Tenan shall not, whether voluntarily, involuntarily, or by
operation of la\ or otherwise: (a) assign or otherwise transfer this
Lease or the te. ,n and estate herehy granted, or offer or advertise to do
so; or (b) mortl~ge, encumber, or otherwise hypothecate this Lease or the
Premises or anYl'lClrt thereof in any manner whatsoever , without in each
instance obtainJ1Q 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 intc or with which Tenant is merged or consolidated or to
which suhstanti. .ly all of Tenant I s assets are transferred, or to any
corporation whi, 1 controls or which is controlled by Tenant, or is under
common control ~ Tenant, provided in any of such events: (a) the
successor to Te Int has a net worth computed in accordance with generally
accepted accoun\-i.ng principles at least equal to the greater of, (i) the
net worth of Tenant immediately prior to such merger, 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
containing the same terms and conditions contained herein (exclusive of
rent) and the Landlord shall receive one half (1/2) of the difference
bet:ween any higher 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 assignment and assumption of lease. Any attempted
transfer, assignment, subletting, mortagaging 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 ~nant, 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, any other rights and remedies under this Lea.. or pursuant to law to
.
~15-
which Landlord may he entitled as a result thereof, collect Rent from the
transferee, assignee, 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 aRsiqnl'lent or RUhleasinq, and notwithstanding the
acceptance of Rent by Landlord from any such assignee or subtenant, remain
liable for th~ paYl'lent of Rent hereunder and for the performance of all of
the agreement3, condi.tions, covenants and terms herein contained, on the
part of Tenanc herein to he kept, observed, or performed, his liability to
always be thac of principal and not of surety, nor shall the giving of
such consent co an assiqnment or sublease, be deemed a complete
performance c.' the said covenants contained in this Article so as to
permi t any Sll)Sequent assiqnment or subleasing without the like written
consent.
Section 0.3. Landlord's Riqht of First Refusal. Notwithstandinq the
foregoing otl r than Section 20.1(h), where Tenant desires to assign or
suhlease, th, Landlord shall have the right, but not the ohligation, to
cancel and tt-. minate the Lease and deal with Tenant's prospective
assignees or . -;uhtenant directly without any obligation to Tenant.
Section ~0.4. Landlord's Transfer. The Landlord shall have the riqht
to sell, mor; laqe or otherwise encumber or dispose of Landlord's interest
in the Buildi .gs and Premises and this Lease.
ARTICLE XXI
OELIVERY AT END OF LEASE
Any hole
shall be com
(prorated on
specified so
over after the expiration of this term or any renewal term
rued to he a tenancy-at-will at the rents herein specified
-\ daily basis), and shall otherwise he on the terms herein
ar 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 obligations when prevented from so doing hy 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
Anything contained in this Lease to the contrary notwithstandinq,
Tenant agrees that Tenant shall 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 1'I0ney by Landlord in the event
of any default or breach by Landlord with respect to any of the terms and
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 mortgaqe covering the Shoppinq Center; and
no other assets of the r~ndlord shall be subject to levy, execution or
other judicial process for ,the satisfaction of Tenant's claim. In the
event Landlord conveys or triwsfers its interest in the Shopping 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 releised and relieved from all liability with respect to the
#'
.
.
-17r
27.5 The waiver of performance of any covenant, term or condition of
this Lease by Landlord or Tenant shall not be construed as a waiver of any
subsequent breach of the same covenant, term or condition.
27.6 This I,ease, including the Rxhibi ts, Riders and/or Addenda, if
any, attached her~to sets forth the entire agreement between the parties.
All prior convers~tions or writinqs between the parties hereto or their
representatives are merged herein and extinquished.
ARTICLE XXVI II
Signs; Obstruction
Section 28.1. Siqns. Tenant shall not place or suffer to be placed
or maintained upc~ any exterior door, roof, wall or window of the Premises
any sign, awning,.. canopy or advertising matter or other thing of any kind,
and will not plae ~ 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 frees taninq standard wi thin or upon the common Area
of the Premises immediately adjacent thereto, without first obtaining
Lessor's express lrior written consent. Landlord agrees to grant approval
of any sign loca',~d wi thin the Premises or entry to the Premises on glass
or panel which i~Jin conformity with the sign exhibit attached hereto. No
exterior sign vi;i.ble from the exterior of the Building shall be
permitted. Less. ~ further aqrees to maintain such sign, lettering, or
other thing as m. ' be approved bny Lessor in good condi tion and repair at
all times and to 'emove the Hame at the end of the term of this Lease as
and if requested IY Lessor. Upon removal thereof, Lessee aqrees to repair
any damage to th. Premises caused by such installation and/or removal.
Section 28. Obstruction. Tenant shall neither obstruct the
sidewalks or par; .ng lots in front of the Building or the Premises or the
area around the lildinq or Premises in any manner whatsoever.
ARTICLE XXIX
Avail;~ility of Public Utilities and Other Services
Section 29.1. Heat, Ventilation and Air Conditioning. Except as
otherwise provided herein, Landlord shall maintain the heating,
ventilatinq and air conditioning equipment serving the Premises and shall
heat, ventilatinq and air conditioning in the Premises as may be
reasonably required for reasonably comfortable occupancy of the Premises
durinq 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 Building'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 make any alteration or addition to the
electric system of the Premises existing on the Commencement Date.
Tenant's electrical usage under this Lease comtempla tes 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 agrees that Landlord's consent is required before the
installation of such additional office equipment. Tenant shall be solely
, liable for electricity and telephone expenses relating to the Premises.
Tenant's electrical service shall be separately metered.
ARTICLE XXX
Compliance with Law
Section 30. '. Obligations 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
II
,
II
Ii
I,
!.
0
I
I ~
Ii
Ii
1\
I.
"
I:
I
il
o'
I'
I
I.
Ii
II
II
I'
II
.1
I
.
;1
II
I,
11
II
II
I'
. 0
II
I'
:1
\
I
I.
-18-
I
\
II
I ~
!i authority which NY he applicable to the preaises or to the use, MIlner of
I,
" Wle or occun.ilncy thereof, whether or not the .... shAll interfere with the
I' r-
II use of occupcancy of thd Preaises Arising froal (a) "'unt's use of the
!; Preaises, (b) the ..nner or conduct of Tanant'. busin..s or operation of
t ita installationM, ftquipadnt or other property ther.in, (c) any cau.. or
t.
Ii condition created by or at the inatdnce of T.nant, or (d) breach of any of
II: 'l'enant's obligations hereunder, whether or not such co.pliance r.quir..
work which is structural or non-atructural, ordinary or extraordinary,
:t foraeen or unforeseen, and Ten.nt 8h.ll pay all of the coats, expena..
fine., penalties and damaqes which aay be i.posed upon LAndlord by r.-lion
or ariaing out 01 Tenantls failure to fully And proaptly comply with .nd
Ij ohMerve the provi,sions of this Section. 'l'el\&nt ahall ')iw proapt notice
I'
.1 to Landlord of any notice it receive.. of the violation of any law or
!~ require..nt of allY public authority with reapact to the Pr..is.. or t.ba
III us. of occupatioll thereof.
I! Both Tenant and Landlord aqree that the proper wnue for any disputes
'1 involving thia L~ase shall lie in Pal. Beach County Florida.
:1 Section 30.~. Rules and Requ!ations. Tenant shall also coaply with
all rul.. and re'lulations attached hereto and as ..y be subsequently
Ii,
appli.d by Landlnrd to all u....nu of the Rui !ding.
.
,i
ARTICLE XXX!
Governinq Law
'l'his Lease,- hall be governed by and construed in Accordance with the
lawa ot the Stat. of Florida. If any provisio~ of thia Lease or the
application ther~of ~o any peraon or circua.tAnce ahall, for any re.son
and to any exte., he invalid or enforc.abl., the r.Minder of this Lease
and the applicAt on of ~hat proviaion to oth.r per.ona or circuaatances
shall not be Afl cted but rath.r shall be enforc.d to the extent per.i~t.d
by lave Th. tat e of contents, CAptions, h.adin')s dad titles in this
Le... are solel} of convenience or reference and ahall not affect its
interpretation. This Lealie shall be construed without reqard to any
prewUllption or ( .hec rule requirinq construction against the party Qlusinq
thia Lease to bt dr4ftAsd. Each conv.nant, .qr....nt, Obligation, or othttr
provision of th' I Leaae on TellClnt's part to be perforaed, shall be de.aed
and constru.d at a 8epilrGte and indepttndent covenant of Tenant, not
d.pendant on an~~ other provision of thili Lease. All teru and word uaed
in this Lea.e, raqardleas of the nuaber or 9ttnder in which they are
uaed, .hall be d.eMd to include any other nuaber and any other gaACMr ..
the context MY requir..
ARTICLE XXX II
Parkinq
Landlord shall have 801e right and diacr.saion with re8pect to the
requlations of the arctas in which .aployeea of the "-Mnt are allowed to
~ck. Decision. of the Landlord with nspect to pukiDCJ availAbi.lity
....11 be fi....l.
Ar ._I~DUM TO LEASt (CONTRACTORS ONLY I
ARTICLE XXXII I
1) No exteri~~ storage of construction materials will be
permitted un 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.
J
z..
LANDLORD INITIAL
TENANT INITIAL
-.
.
:.
.
I.
J
GUARANTEE OF LEASE
I'
In consideratior of the H~ of One Dollar ($1.00) and of the
execucion of the witl n Leaae by and between
J as LAnd lord and , ..
~nant, the undersiq, d does hereby quarantee the pro.pt pdy.ent of rent
.00 perforunce of tt coveMnta in said Le_e to be ..de and perfor-.ed by
che 'l'enant. If Ten... ' ahall aC any tiN beco.. in default in the pd)'IHIRc
of rent or of any of he other covenanta in said Lease and such default ia
not corrected within .~en (10) daYB after written notice thereof ia qiven
to the underaiqned, len the undersiqned aqreea to pay to Landlord allot
liaid rent tJlat may b!.,.. due and unpaiti and to satisfy fully, the coven.nta
and caque.ents of the wi thin Lease cand to pay AU da..q_ that aay be
occasioned by the non-perfor..nce thereof.
"
h
I'
:1
q
'I
I:
I'
II
I
SiqDed in the pr..ence ofl
I
I
I
I;
Il
I
I
~ I
'I
I
I;
I,
I.
r J
I
I.
I.
t
"
I'
II
: I
j'
I'
I
I
r
I
.1
I.
.
IN WI'l'NESS WHEIUXlF, tho partios hereto have lIet their ....od. tbi.
day of , 1984, a. to the wndlord, and thill
clAy of , 1984, .. to the 'l'en&nt.
IignM, ill the preauce of .
-LAItJlLQMP-
I
I
'I
I!
II
p
ii
II
II
"
aiiqQ8Cl i.n the pr.onat of.
-'l'DIAM'l'-
i!
I
r
il
.:
i
S'l'A'l'E OF
)
) SSe
)
COUIft"Y or
,I
I.
IiEFORE ME, a N. .(lry Public in and for .aid County and State,
personally appeared 1\0 above-naMd and
, Who acknowlodqed that they
did lIign tho forego'}g ifUitru.ent .nd that the ... i.a their fr.. ace &Ad
deed perllORally and~. lIuch .
'.
,
Ii
"
II
"
I
IN TESTIMONY WI <;KIDF, I have hereunto lIet .Y hand and official ...1
at , :hill dAy of , 1984.
.
I
I
i
I
II
I
Ii
I
:t
MO'l"ur tuILIC
STAB OF
)
) SSe
)
COUWtY OF
BEPORE ME, a Noury Public in and for .aid County and State,
peraonally appeared and
who acknowledge thoaselve. to be and
of , and acknowledqe that they execueed the within
inatruaent for tho purpose therein contained.
i:
,.
I.
II
Ii
il
II
Ii
MY of
Witnea. ay hand and noe4rial, this
1984.
IIK"Mr "'awe
,
I
I
I
,
II
BOYNTON COMMERCE CENTER (PIn)
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 previously prepared materials
. Cellophane
. Canvas
. Fiber (i.e., wood, except that furniture mfg. requires
environmental review) Fiberglass
. Glass
. Leather
. Textiles
. Yam
. 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,
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 parking 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).
Uses requiring Environmental Review - 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
. 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 value 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. ofthe "M-l 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
Development 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
revised 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
1. 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 (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 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.
Operations Center: One (1) parking space per three
hundred (300) square feet of gross floor area devoted
2
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
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 5/7/91
No. 585 4/91
File No. 746 Planning and Development 1) Nursing registries
5/93 approved 5/11/93 2) Accessory retail plastics as an accessory use to
wholesale/distribution of plastics
3) Non-profit trade organization research facility and
records storage
4) Leasing office
5) Satellite operations management offices for any light
industrial use allowed in the M-l zoning district
6) Professional engineering offices referenced under
operations centers on the current list of permitted uses
for the Boynton Commercenter, Section I.D.5
May 21, 1993 memo 1. 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-I INDUSTRIAL
DISTRICT" Zoning Regulations.
2. Retail sales are allowed for goods listed under the
sections specified in 1.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
Light Industrial Use Allowed in Section 8 of the
"M-l 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
3
~OYNTON COMMERCE CENTER (PID)
USE APPROVALS
FILE NUMBER DATE APPROVED USE APPROVED
Memo dated July 16, 1985 not requiring Environmental Review approval
v v. Manufacturing, including compounding, assembly,
repair, or treatment of articles of merchandise from the
following previously prepared materials
_e. Cellophane
/. Canvas
.. Fiber (i.e., wood, except that furniture mfg. requires
-
environmental review) DJ>erglass
~ Glass
- . Leather
. Textiles
--.e 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 t~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 parking 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).
~, ."r Uses requiring Environmental Review - 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
. Metal (i.e. machine shop)
. Wire
V- I,-/ 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:
7
(
?
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 value 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. ofthe "M-l INDUSTRIAL DISTRICT"
Zoning regulations
Steamatic at November 12, 1985 ~ses, Not Requiring Environmental Review
Boynton Planning and Zoning Board A oval
Commercenter v . Personal Services
. Carpet and Upholstery Cleaning
Cosmetic October 13, 1987 Planning Warehousing, Distribution, Wholesale is also permitted as a
Development and Zoning Board principal use for the above-referenced manufacturing
Corporation at categories, subject to Environmental Review
Boynton
Commercenter
LESCO, Inc. at Denied November, 1987 Lawn care products wholesaler/distributer
Boynton Planning and Zoning Board
Commercenter
May 14, 1987 memo Operations Center
revised 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
~food (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)
~royees, 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
j permitted as an ancillary use.
2. Offices associated with the principal use are
~eImitted 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.
Operations Center: One (1) parking space per three
hundred (300) square feet of gross floor area devoted
)
(
1
2
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
I~--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 -- ~l} Nursing registries
5/93 approved 5/11/93 2) Accessory retail plastics as an accessory use to
wholesale/distribution of plastics
l..- .J)..Non-profit trade organization research facility and
records storage
t.- ..AjLeasing office
(... 5) Satellite operations management offices for any light
industrial use allowed in the M-l zoning district
6) Professional engineering offices referep..s..e.4~.!!!).ger
operations centers on th~. curr~D~IQf permitted uses
foitlie']3oynton Commercenter, S~ction LD.5
May 21, 1993 memo 1. 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) ofthe "M-l INDUSTRIAL
DISTRICT" Zoning Regulations.
2. Retail sales are allowed for goods listed under the
sections specified in LC.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
r....--""- Light Industrial Use Allowed in Section 8 of the
"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
(--
(;';.
7
I
3