APPLICATION
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
SITE PLAN APPROVAL APPLICATION
This application must be filled out completely and accurately and
submitted in one (1) copy to the Planning Department. Incomplete
applications will not be processed.
Please print legibly or type all information.
:r. GENERAL INFORMATION
1.
Pie f!61 SIt! J.J /tI)./ It-
~/7 p.ti. r~ ~K
~IJ(/h AJ &4~'J
. /
Date this application is accepted:
(to be filled out by Planning Department)
v/.
33vsS
Project Name:
( c:2 S;~n5)
2.
3. Applicant's name (person or business entity in whose
name this application is made):
r,e/p~tI /J .5/<fI'$'
.J7/f Pl$~'r
Phone:
/- qllt?-7t1/-"'Sin
Address:
4. Agent's Name
Address:
5.
3"-'1 - 3'- ~
Phonf.;{ P 7~
(-/07- '- <, /J I ~
Property owner's ( or rustee' s) Name: &; flYer/- ~ L /) C!..- n e/; tJ...
ki/lJA4
/'/3 g
~
OA .
Address:
V33
(Zip Code)
FAX:
6. Correspondence address (if different than applicant or
agent)*:
* This is the address to which all agendas, letters, and
other materials will be mailed.
PLANNING DEPARTMENT - January 1991
A:SitePlan
7.
8.
../ 9.
10.
(2 )
si te':
.
l2ii~/}I/b t5Tda~
~11. Developer or builder:
,t) / IT
(
../12.
J 13.
J 14.
j 15.
J 16.
J 17.
j 18.
19.
Architect:
Landscape Architect:
Site Planner:
Engineer:
Surveyor:
Traffic Engineer:
Has a site plan been previously approved by the City
Commission for this property?
Estimated construction costs of proposed improvements shown on
this site plan: I~~
PLANNING DEPARTMENT - January 1991
A:SitePlan
(3)
II. SITE DATA
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
LlStf})
1.
2.
/3.
Land Use Category shown in
the Comprehensive Plan
C/ f3 /)
JJi xt'J)
,
Zoning District
Area of site
acres
sq. ft.
4. Land Use -- Acreage Breakdown
b.
c.
d.
e.
g.
h.
i.
.,
j.
a.
Residential, including
surrounding lot area of
grounds
acres
, of sitE
Recreation Areas *
(excluding water area)
acres
, of sitE
Water Area
acres
, of sitE
Conmercial
acres
, of sitE
Industrial
acres
, of sitE
f.
Public/Institutional
acres
, of sitE
Public, private and
Canal rights-of-way
acres
" of sitE
Other (specify)
acres
, of sitE
Other (specify)
acres
" of sitE
Total area of site
acres
, of sitE
* including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
a.
acres
, of sitE
b.
c.
Ground floor building
area ("building footprint")
Water area
acres
, of sitE
Other impervious areas,
inclUding paved area of
public & private streets,
paved area of parking
lots & driveways (ex-
Cluding landscaped areas),
and sidewalks, patios,
decks, and athletic
courts.
acres
" of sit!
d.
acres
Total impervious area
" of sitl
e.
Landscaped area
inside of parking lots
(20 sq. ft. per interior
parking space required -
see Sec. 7.5-35(g) of
Landscape Code).
" of sit
acres
A:SitePlan
PLANNING DEPARTMENT - JANUARY 1991
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does
hereby acknowledge, represent and agree that all plans,
specifications, drawings, engineering, and other data
submitted with this application for review by the City of
Boynton Beach shall be reviewed by the various boards,
commissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton Beach, and any
such party reviewing the same shall rely upon the accuracy
thereof, and any change in any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all aspects of the proposed
project shall be constructed in strict compliance with the form in
which they are approved, and any change to the same shall be deemed
material and shall place the applicant in violation of this
application and all approvals and permits which may be granted.
The applicant acknowledges that the City of Boynton has all rights
and remedies as provided by the applicable codes and ordinances of
the City of Boynton Beach to bring any violation into compliance,
and that in the event of enforcement action by the City, the
applicant shall indemnify, reimburse and save the City of Boynton
Beach harmless from any costs, expense, claim, liability or any
action which may arise due to their enforcement of the same.
, ACKNOWLEDGED AND AGREED TO THIS ~ DAY OF
, 19 C1L.
L
~~.~
@ JanJ C Gilland 1
.t." TAn;, of FLORfOA ~
"'...,. M)' GI:' M'l €Jcp2IZUM
BONDED .
A:SitePlan
( 9 )
IV. MISCELLANEOUS
The following materials must be submitted in one (1) copy:
(check)
1. A check, payable to the city of Boynton Beach, as per the
attached fee schedule.
2. Any other engineering and/or technical data, as may be
required by the Technical Review Board to determine
compliance with the provisions of the City's Code of
Ordinances.
V. CERTIFICATION
(I) (We) understand that this application and all papers and
plans submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify" that the above statements and any statements or
'showings in any papers or plans submitted herewith are true tc
the best of (my) (our) knowledge and belief. This applicatior
wil~,not be accept unless signed according to the
i~S 10 40e0tm )4-e-"''--
.'Signature 0 Owner(s) or Trustee, Date
of Authorized Principal if property
is owned by a corporation or other
business entity.
VI. AUTHORIZATION OF AGENT
?Ur' -k&~k~" ,
Si ature of Authorized Agent
Date
by designate
d agent in
q
ur of Owne (s) or Trustee,
or A thorized Principal if property
is owned by a corporation or other
business entity.
signed person as (my)
this application.
Date
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review S'.::hedule:
Date Received
Date
Date
Date
Date
Technical Review Board
Planning & Zoning Board
Community Appearance Board
City Commission
Stipulations of Final Approval:
Other Government Agencies/Persons to be contacted:
Additional Remarks:
PLANNING DEPARTMENT - JANUARY 1991
A:SitePlan
.:.L',
MHY-16-91 THU 13:35 PRECISION TUNE HQ
P.02
t
1
0/ 5-/ ~
AGREEMENT AND CONTINGENT ASSIGNMENT OF LEASE
This Agreement and Contingent Assignment of Lease ("Agreement") is made thi~lf~' day of
Ma V , 19.1.!, by a,nd among the fol1owina parties:
LESSOR:
Gilbert & Rochelle Steinman
21438 Linwood Court
Boca Raton. FL 33433
~
LESSEE:
Khan's Corporation, Inc,
l.){J~ W~ST 5> fit-NESt+- /(, I/E:I( 8 l 'VJ)...
80 C!-A f<.lt-i () N .... F t w c?J 4 3 J
F-rr n:, 0 Y;J aN 8 ~ A-e..-H-. S H-of 15 -I ~
PRECISION TUNE, INC,
1319 Shepard Drive, P.O, Box 379
Sterling, Virginia 22170
FRANCHISOR:
RECITAl.S:
WHeREAS, Under lhe: lerms or tbe Lealie Agrc;cmenl illlill,;h,,\1 hcr",to 115 Exhibit A, Lo.'\50r hQ5 agreed
to Ica...e to Lcs.lice certain premises (the .Premises") located at the following street address:
517 N.E, 5th Avenue
,..
Bovnton Beach. FL 3.3 /..J ? S
WHEREAS, Lessee has entered into a Franchise Agreement with Franchisor under which Les.'\ec
proposes to operate a Pr.ecision Tune Center to be located at the Premises;
WHEREAS, Prallcl.;sol' bas A(COpted the J"remi.sc.s A3 a suitable location for Lessee', Precision Tunc
Center, $ubjcd to the provisions of the Franchise Agreement and Curther subject to the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and
valuable consideration, including the acceptance by Franchisor of the Premises as a location for a Precision Tunc
Center, the parties hereby agree as foJlows:
1. Use of Premises, Lessee shall use the Premises only for the operation of a Preci,si,on Tunc
Center pursuant to its Franchise Agreement with Franchisor, and for no other purposes whatsoever,
3/90
EXHIBIT "H"
MAY-16-91 THU 13:36 PRECISION TUNE HQ
P.03
2, Si&naae, Ere, Lessor hereby consenrs to Lesscc.s use and di~pJay on the Prcnliscs of sllch
exterior and interior sIgns, posters, promotional materials, and equipment, (urnishing.~, and decor as are currently
rcquired by Pranchisor pursuant to the Franchise Agreement. In the event that sucb requirements are changed
in the Cuture, Le."'ror--agrcca that it will not unreaso,nably withhold its consent to LeAsee', compliance with such
changes, In lhe ovenl- lJUlt loc.al Oldinan,C6 or zoning r~qulrcm(:nt3 prohibit the use of Franchisor', standnrd
signage, Franchisor will not unreasonably withhold its consent to the modification of its standard sign age to
comply with such requirements,
3. Noticl<~. Lessor Barees to furnish Frnnchisor copies of any and allleners and notices to Lel;l;CC
pertaining to any default by Lessee under the Lease at the same time and in the same manner as any such notice
i.s sent to Lessee, Lessee agrees to furnish Franchisor prompt written noticc of any and aU amendments, waivers,
eX1!:IlAions, renewals or other modifications oC the Lease, All noticc& hereunder ,hall be mailed or dclivered to
the addresses set forth abov~ unless changed from time to time by any party through written notice mailed or
delivered to the other parties.
4, As~t~nmcnt, Lessor hereby acknowledges that Lessee bas agreed under the Franchi~
Agreement that, in the evenr of termination or expirati'on of the Franchise Agreement or Les...ee's dcfa\llt under
the Lealie, Lessee shall, at Franchisor's option. assign to Franchisor any and all interest of Lessee in the Lea~e,
including any rights to renew the Lease or to sublease the Premises; and Lessor hereby con~ents to such
al\signmenc, subject to the followi~g conditions:
(a) Franchisor shalt notify Lessor in writing within thirty (30) day.s after termination or
expiration of the Franchise Agreement or Franchisor's receipt of any notice of default by Le.f,Sce under
the Lease if Franchisor elects to accept assignment of the Lease; Franchisor's failure to acccpt
a~~ignment of the Lease upon any default of Les5ee under the Lease shalt not be deemed a waiver of
Franchisor's future right to accept such assignment in the e\'cnt of any future default by Lessee;
(b) If Franchisor elects to ac,cept assignment of the Lease, Franchisor shalt execute and
deliver to Lessor a lea.~e containing the same terms and conditions (including rental rates) as the Leal;c;
provided, however, that Franchisor's leasehold interest shall not be subject to any defaults or claims that
may exist between Lessor and Lessee;
(c) If Franchisor elects to accept assignment of the Lease, Franchisor shall take Pos!\cssion
of the Premises within thirty (30) days afler notice of such election to Lessor, and Franchisor shan
commence payment of rent upon taking possession of the Premises;
Cd) Nothing herein shall affect Lessor's right to recover from Lessee any and all amounts
due under the Lease or to exercise any rights of Lessor against Lessee as provided under the Lea~e.
s. As..~iinmenl to Third Party. At any time after giving notice of its election to accept al;signment
oC (he Lea.~e, Franchisor may request to assign its lease, or sublease the Premises, to a third party, Lelil;or agreC.$
not to unreasonably withhold its consent to any such assignment or sublease on the same terms as the Leasc;
provided. however, that if Lessor refuses to consent to such assignment or subleMe by Franchisor, Franchisor
shall have the right to revoke its acceptance of assignment of the Lease and shall have no further obligations
thereunder,
6. Entl:)' by Franchisor, Lessor and Lessee hereby acknowledge that Lessee has agreed under the
Franchise Agreement that Franchisor and its empJoyees or agents shall have the rIght to enter the Precision Tune
Center operated by Les...ee at the Premises at any reasonable time for the purpose of conducting inSf'CcliOhl;,
protecting Franchisor's proprietary marks, and correcting deficiencies of Lessee, Le.~or and Lel\.\ee hcreby agree
not to interfere wilh or prevent such entry by Franchisor, its employees or agents,
.2.
M~Y-16-91 THU 13:38 PRECLSION TUNE HQ
F' . 04
n
~
7, De.ldenrir~ation, Lessor and Lessee hereby acknowledge that In the event the Franchil;e
Agreement expires or ia terminated, Lessee is obligated under the Franchise Agreement to take certain steps
to de. identity the location as a Precision Tune Centcr operated by Lessec, Lessor agrees to cooperate fully with
Franchisor in enfoJ'cing sucb provisions of the Franchise Agreement against I...essee, including allowing
Franchisor, its empleyc:cs and agentS to enter and remove signs, decor and materials bearing or dil;playing any
marh, designs or logos of Franchisor; provided, however, that Lessor shall not be required to bear any expcn~e
thereof, Les...ec agrees that if Le.l\See fails to de-identify the Premises promptly upon termination or expiration
as required under the Franchise Agreement, Franchisor may cause aU required de.identification to be colllpleted
at Le5SCC'S expense,
8. General Provisions.
(a) This Agreement shall run with the land and be binding upon the parties hereto and their
successors, a.c;signs, heirs, executors, and administrators, The rights and obligations herein contained shall
continue notwithstanding changes In the persons or entities that may hold any leas.chold or ownership in the land
or building, Any party hereto may record this agreement or a memorandum hereof.
(b) Any party hereto may seek equitable relief, including without limitation injunctive relic! or
specific performanc.e, for actual or threatened violation or non-performance of this Agreement by any othcl:
party, Such remedies shall be in addition to all other rights provided for under law or other agreements between
any of the parties. The prevailing party in any action shall be entitled to recover its legal fees togelher wilh
courts costs and expenses of litigation, .
(c) Nothing contained in this Agreement shall affect any term or condition in the Franchi.~e
Agreement betwecn Lessee and Franchisor, Nothing herein shall be deemed to constitute a guaranty or
endorscment by Franchisor of the terms and conditions of the Lea!;e 'between Lessor and Lessee, In the evcnt
that Franchisor, in its sole discretion, determines not to accept assignment of the Leallie as permitted hereunder,
neither Le~or nor Lessee sh~ll have any claims against Franchisor, No terms or condilions contained in the
Lea~e shall be binding on Franchisor unless and until it elects to accept assignment of the Lealie hercunder,
IN WITNESS WHEREOF, the parties hereto have executed this Agrcement as of the date first abovc
written.
Witness:
~
;I~ ~ > I(Q~~'
LESSEE:
tw~~.I~
!rOW- frt. ~ k,4Pr...
f?.,~s-c'Av/~
-3.
.
MAY-16-91 THU 13:39 PRECISION TUNE HQ
P.l2J5
(,
FRANCHISOR:
PRE~IS10 TU: INC. IL- .
By: _ r _ _ -"
K. ~
Title: VlCEfIIIESII8T .-.---
Date:
MAY 2 4 \99\
L~OR~ACKNO~EDGMENT
ACKNOWLEDGMENT BY INDIVIDUAL OR PARTNER
STATE OF FLORIDA
COUNTY OP PAl M Rl='ArH
I, ';:' (;) ~ ke... l-I.-C K. Pc -y C , a notary public Cor the County aforesaid, in the Stare of
F1 or; da , do certify that Gi 1 bert & Roche 11 e Stei nra_ose name is signed to the writ ins
abovc, bearing date on the J.o ~y of May , 19.2l, has adcnowledgcd the same before me in
my County atore.~ajd.
-tL
GIVEN UNDER MY HAND AND OFFICIAL SEAL this ~ day of Hay
19..9.J,
K~~
NOTARY PUBLIC
My Commission Expires:
MY COMMISSiON
EXPIRES MAY 22, 1992
.4.
...
MAY-16-91 THU 13:4121 PRECISION TUNE HQ
P.12l6
LESSOR'S ACKNOWLEDGMENT
ACKNOWLEDGMENT BY CORPORATION
STATE OF
COUNTY OP
I,
do
certify
01
, a notary public for the County aforesaid. in the State of
that , whose name. as
. t.. ...U.....J 'n ,I.. wrlt:ng .bove, bc,,,..ln8 d..,c,
. ~9_. hila ac:knowlcdg,ud Lh. ...,n", ~,o... ft.. in n.)' C"........."y
un &1.;--'.
aforc.~aid,
d;.)' ...f
19 ,
GlVEN UNDER MY HAND AND OFFICIAL SEAL this _ day of
NOTARY PUBLIC
My Commission Expires:
LESSEE'S ACKNOWLEDGMENT
ACKNOWLpDGMENT BY INDIVIDUAL OR PARTNER
STATE OF
COUNTY OF
I,
. do cc.rtify that
above, bearing date on the day of
my Count)' aforesaid.
a notary public for tbe County arorcaaid. in tho State of
. whose name is siSned to the writing
, 19--, has acknowledged the same before me in
GIVEN UNDER MY HAND AND OFFICIAL SEAL this _ day of
19_.
NOTARY PUBLIC
My Commission Expires:
.s.
~~
FRANCHISOR'S ACKNOWLEDG f\..\)
I
STATE OF VIIZbiv'A
COUNTY OF ~Uf)Ct(rJ
a notary public for the County aforesaid, in the State of
/fn,J~ k. g Jo..i it. , whose name, as
of PRECISION TUNE, INC., is signed to the writing above,
n},- . 192.L., has acknowledged the same before me i.n
19'1/,
1170.
, /".
Af}
~~
4. TITLE AND QUIET ENJOYMENT.
(a) Landlord covenants that they have good title to the
Leased Premises and that Landlord has the right and power to lease
the same to Tenant.
(b) Landlord agrees that Tenant, upon paying the rent
and performing the covenants of this Lease on its part to be
performed, shall, during the term of this Lease, peaceably and
quietly have, hold and enjoy the Leased Premises and all rights
granted Tenant in this Lease.
5. USE OF PREMISES. Tenant may use the Leased Premises for
an auto repair center of every kind, including the jobs assigned by
precision Tune, and for no other purpose without the written con-
sent of Landlord, which shall not be unreasonably withheld, and in
so doing, will not use the Leased Premises in any manner so as to
violate any applicable law, rule or regulation of any governmental
body.
6. REPAIRS TO THE LEASED PREMISES.
(a) Landlord shall, at their own cost and expense, a~
soon after the date of execution of this Lease as is practicable,
repair the drywall in the building, paint the inside and outside of
the building in accordance with Tenant's specifications and make
such repairs as are necessary to assure that the garage doors, and
plumbing for bathrooms and the lifts and compressors are in operat-
ing condition. Landlord guarantees these repairs for a ninety (90)
day period after the Commencement Date.
(b) Tenant agrees to make and pay for any and all neces-
sary maintenance and repairs to the Leased Premises and the lifts
and compressors, including but not limited to repairs of interior
or exterior walls, floors and floor coverings, exterior glass of
the Leased Premises, and maintenance of the electrical wiring and
fixtures, plumbing, heating and air conditioning equipment, parking
areas, walkways and curbs, so as to keep and return the Leased
Premises, including all improvements constructed thereon, in good
order and repair at the termination of this Lease, natural wear and
tear, fire or other casualty, condemnation or governmental appro-
priation excepted. Landlord shall be responsible for repairing and
replacing the roof and exterior walls, if not damaged by Tenant.
However, Landlord and Tenant shall share equally the cost of
repairing the pipes under the parking lot, up toa maximum of
$1,000.00 and the remaining cost, shall be borne by Landlord.
Landlord agrees to pay for repairs in parking area, walkways and
curbs if damaged by leakage of underground pipes.
(c) Tenant shall have the right to do a walk through
inspection before taking possession.
2
7. Possession. Landlord shall deliver to Tenant, on the
Commencement Date, possession of the Leased Premises in an "as is"
condition.
8. REMODELING OF LEASED PREMISES. Tenant may, at its own
expense, make such improvements, alterations, additions and
changes, structural or otherwise, in and to the Leased Premises,
and any buildings thereon, as it finds necessary or desirable. All
such improvements, alterations, additions and changes shall be done
in accordance with the plans and specifications prepared by Tenant
and approved by Landlord (which approval shall not be unreasonably
withheld), in conformity with applicable building laws and regu-
lations and in keeping with the then existing improvements on the
Leased Premises. Except as provided in Paragraph 6 hereof, such
improvements, alterations, additions and changes shall become a
part of the Leased Premises, shall be kept in repair in accordance
with the provisions of Paragraph 6 hereof. At the expiration or
termination of this Lease such improvements shall belong to Land-
lord without the payment of any money or other consideration
thereof, except that Tenant shall be permitted to remove its own
improvements as long as no damage is caused to the Leased Premises.
9. FIXTURES AND EOUIPMENT. Tenant may, at its expense, from
time to time install and operate in or remove from the Leased
Premises such trade fixtures and other equipment as it shall deem
necessary or desirable in the conduct of its business, provided any
damages to the Leased Premises resulting from such installation,
operation or removal shall be repaired by Tenant at its cost and
expense. On the expiration or termination of this Lease, Tenant
shall remove, at its own expense, all or any part of such trade
fixtures and other equipment and shall repair any damage done to
the Leased Premises by reason of such removal.
10. UTILITIES AND OCCUPANCY COSTS. Tenant agrees to pay for
all gas, electricity, light, heat, power, other utility services,
pest control and other occupancy expenses required and used by the
Tenant in and about the Leased Premises.
11. TAXES AND INSURANCE.
(a) Taxes.
(i) Except as provided in (c) below, during the
term of this Lease, Landlord shall pay, when due, all lawful taxes,
impositions or assessments made by any state, county, city, school
board or other authority levied o,r assessed against the Leased
Premises and the improvements constructed thereon.
(ii) Tenant shall pay all taxes and license fees
imposed upon its trade fixtures and other personal property placed
upon the Leased Premises and all other taxes and license fees
3
Tenant will at once surrender possession of the
Leased Premises to Landlord, and Landlord may
forthwith re-enter the Leased Premises and
repossess itself thereof; no termination of this
Lease prior to the normal expiration thereof shall
affect the Landlord's right to collect rent from
the period prior to termination thereof.
(b) The rights provided for in this paragraph are
cumulative to and not restrictive of any other and further rights
provided by law; and no delay for failure by Landlord to exercise
any right herein or by law provided, or to insist upon strict
compliance by Tenant with the terms and provisions hereof, shall
constitute a waiver of Landlord's right thereafter to exercise and
avail itself of said right or thereafter to demand strict
compliance by Tenant with the terms and provisions hereof.
\
\
17. TENANT'S SIGNS. Landlord hereby grants to Tenant the
right and easement to erect at any time and to maintain on the
Leased Premises, a sign or signs of such size, character and
appearance as Tenant, with the approval of Landlord (which shall
not be unreasonably withheld) may determine, provided, however,
that such signs must comply with governmental requirements.
18. SURRENDER OF POSSESSION AND HOLDING OVER. Tenant will
surrender possession of the Leased Premises and the improvements
constructed thereon to Landlord at the expiration or any prior
termination of the term of this Lease in good condition, ordinary
wear and tear excepted. Failure by Tenant so to surrender said
premises and any holding over by Tenant shall not operate,' except
by express mutual agreement in writing between the parties hereto,
to extend or renew this Lease, and in the absence of such
agreement, either party may thereafter terminate such occupancy at
the end of any calendar month by first giving to the other party at
least thirty (30) days notice of its intention to do so.
19. NOTICES. Notices required or desired to be given
hereunder shall be in writing and shall be deemed given when
mailed, postage prepaid, registered or certified mail, return
receipt requested:
(a) to Tenant at 10628 Pebble Cove Lane, Boca Raton, FL
33498.
(b) to Landlord at 21438 Linwood Court, Boca Raton, FL
33433, or to such other address or ,to such other person as may be
designated by notice.
20. NON-WAIVER. No delay or omission by either party hereto
to exercise any right or power accruing upon any non-compliance or
default by the other party with respect to any of the terms hereof
shall impair any such right or power or be construed to be a waiver
7
thereof. Every such right and power may be exercised at any time
during the continuance of such default. It is further agreed that
a waiver by either of the parties hereto of any of the covenants
and agreements hereof to be performed by the other shall not be
construed to-be a waiver of any succeeding breach thereof or of any
other agreements or covenants herein contained.
21. ENTIRE AGREEMENT. This Lease contains the entire agree-
ment of the parties, and no representations, inducements, promises
or agreements, oral or otherwise, not embodied in this Lease, shall
be of any force and effect.
22. GOVERNING LAW. This Lease has been executed and deli-
vered in the state of Florida, and all the terms and provisions
hereof and the rights and obligations of the parties hereto shall
be construed and enforced in accordance with the laws thereof.
23. PARAGRAPH HEADINGS: The paragraph headings in this Lease
are for convenience only and are not a part of this Lease and do
not in any way limit or amplify the terms and provisions hereof and
in no way shall be held to explain, modify or aid in the interpre-
tation, construction or meaning of the provisions of this Lease.
24. BINDING EFFECT. Landlord and Tenant agree that all of
the provisions hereof shall bind and inure to the benefit of the
parties hereto and their respective heirs, personal representa-
tives, successors and assigns.
25. TIME IS OF THE ESSENCE. Time is of the essence with
respect to all of the rights and responsibilities of the parties
hereunder.
26. SUBORDINATION TO MORTGAGES. This lease is subject and
subordinate to all mortgages which may now or hereafter affect the
Leased Premises, and to all renewals, modifications, consolida-
tions, replacements or extensions thereof. In case of subordina-
tion and attornment, the party to whom the Tenant is asked to sub-
ordinate and attorn to shall first provide Tenant with an enforce-
able non-disturbance agreement which provides that so long as
Tenant shall not be in default under this Lease, its tenancy shall
not be disturbed nor shall this Lease be effected by any default
under any mortgage, and in the event of foreclosure or any
enforcement of any mortgage, the rights of Tenant hereunder shall
expressly survive and this Lease shall in all respects continue in
full force and effect.
,
27. SECURITY DEPOSIT. Tenant shall upon the execution of
this Lease, deposit with the Landlord as security for the payment
of all rent and all other monies payable hereunder, the sum of Five
Thousand Five Hundred Dollars ($5,500.00), which security deposit
shall be repaid to Tenant upon the termination of this Lease or any
8
.
extension thereof provided Tenant shall not be in default for the
payment of any sums due hereunder. Landlord agrees to delay
receipt of the Five Thousand Five Hundred Dollars ($5,500.00)
security deposit to be made hereunder until city approval and
licenses are-issued to Tenant. Tenant agrees to pay the security
deposit of Five Thousand Five Hundred Dollars ($5,500.00) within
forty-eight (48) hours of receipt of city license. Renovations
will not commence until payment of the security deposit and receipt
of the city license.
It is agreed by and between the parties that the deposit made
under this Paragraph shall be a security for rentals due to the
Landlord. In the event that Tenant shall default in the payment of
any monthly rental installment, and such default remains uncured
for thirty (30) days, then Lessor shall have the right to apply
sufficient sums from the security deposit hereunder for the payment
of said rent arrearage plus any interest which may be due. When
such rent arrearage is cured by the payment of appropriate sums due
by Tenant, Landlord shall credit the amounts paid to the security
deposit hereunder.
28. ATTORNEYS' FEES. If either party bring any suit, action,
counterclaim or arbi tration to enforce the provisions of this
Lease, the prevailing party therein shall be entitled to recover a
reasonable allowance for attorneys' fees and litigation expenses in
addition to court costs.
29. OPTION.
(a) Tenant shall have and is hereby granted one (1)
option to extend the term of this Lease for a period of five (5)
years (such period called a nRenewal Termn), beginning the first
day following the term and (except as may be provided herein), all
terms, covenants and provisions of this Leas,e shall apply to such
Renewal Term except that Tenant shall not have a further option to
extend the term of this Lease after the exercise of the option to
renew and the rent shall be computed in accordance with Paragraph
(b) below. If Tenant shall elect to exercise any option, it shall
do so by giving Landlord written notice of such election no later
than one hundred twenty (120) days prior to the expiration of the
original term of this Lease.
(b) The annual rent and the payments to be made pursuant
to Paragraph 11(c) hereof, for the Renewal Term shall be the same
as in year ten (10) for the first t~o (2) years of the Renewal Term
and shall then be adjusted at the end of the second year of the
Renewal Term based on either a ten percent (10%) increase or on the
Consumer Price Index (nCPIn) (The u.S. City Average Index, all
items) published by the Bureau of Labor Statistics of the united
States Department of Labor or if said CPI should be discontinued,
then such adjustment shall be based upon a similar or comparable
9
01
index ("Adjusted Rent"), whichever is greater. The Adjusted Rent
payable during the Renewal Term shall be computed by multiplying
the last year's rental payment times a percentage factor equal to
100 plus the percentage of increase in CPI from the period
beginning on-the Commencement Date and ending six months prior to
the expiration date of the primary term provided, however, that
there shall be no decrease in the rent and other items then payable
by Tenant to Landlord.
(c) After the successful completion of the first option
of five (5) years, a second option of five (5) years to renew the
Lease shall be considered by the parties.
30. LANDLORD'S LIEN. Tenant hereby grants to Landlord a lien
and security interest on all property of Tenant now or hereafter
placed in on or upon the Leased Premises, and such property shall
be and remain subject to such lien and security interest of
Landlord for payment of all rent and other sums agreed to be paid
by Tenant herein and for the performance by Tenant of all of
Tenant's other obligations under this Lease.
The provisions of this paragraph relating to such lien
and security interest shall constitute a security agreement under
and subject to the Uniform Commercial Code of the state of Florida
so that Landlord shall have and may enforce a security interest on
all property of Tenant now or hereafter placed in or on the Leased
Premises, in addition to and cumulative with Landlord's liens and
rights provided by law or by the other terms and provisions of this
Lease. Tenant agrees to execute as debtor such financing statement
or statements and such other documents as Landlord may now or
hereafter request in order to perfect, continue or further protect
Landlord's security interest.
31. LIABILITY OF LANDLORD. In the event Landlord shall
default in the pe~formance of any of the covenants, promises or
agreements set forth herein and such default shall continue for ten
(10) days after Tenant shall have notified Landlord of the exis-
tence of such default, Tenant shall have the right, at its option,
to correct such default, in which event it shall be entitled to an
immediate set-off in such amount against the rent payable hereunder
or to institute any action, suit or proceeding provided for by law
against Landlord for damages, injunctive relief, declaratory relief
or any other relief as may be appropriate under the circumstances.
The options provided above are cumulative and are not
restrictive and Tenant may exerqise any and all rights and
privileges and pursue any additional remedies that Tenant may have
under laws of the state of Florida or United states of America that
may be available. No delay or failure by Tenant to exercise any
rights herein or by law or to insist upon strict compliance by
Landlord with the terms and provisions hereof, shall constitute a
waiver of Tenant's rights thereafter to exercise and avail itself
10
.
of said rights or thereafter to demand compliance by Landlord of
the terms and provisions hereof.
'J
\
32. RADON GAS. Radon is a naturally occurring radioactive
gas that, wnen it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to
1 it over time. Levels of radon that exceed Federal and State
guidelines have been found in buildings in Florida. Additional
information regarding radon and raton testing may be obtained from
your county public health unit.
33. CONDITIONS PRECEDENT. Tenant's obligations under this
Lease are conditioned upon its receiving a ,business license to
operate at the Leased Premises and to have the lease and the Leased
Premises approved as a site by precision Tune and shall notify
Landlord immediately upon receiving such approvals. If Tenant
fails to notify Landlord by June 15, 1991 that the conditions
cannot be met, this Lease shall automatically commence and
thereafter be in full force and effect. In the event that the
bus iness license has not been secured by June 15, 1991, the
effective date shall be extended until such license is received,
but not past August 1, 1991.
34. HOLD HARMLESS. Landlord agrees to hold Tenant harmless
from and against any accounts payable, taxes or other liabilities
or claims whatsoever regarding Landlord's previous business at the
Leased Premises as well as on the Leased Premises, including such
liabilities against previous tenants or any previous tenants' use
of the Leased Premises.
35. ASSIGNMENT OF LEASE. At the request of the Tenant,
Landlord agrees to assign the Lease at the time of the transfer of
the precision Tune franchise provided that the new franchisee is
financially sound in the reasonable opinion of Landlord.
IN WITNESS WHEREQF, Landlord and Tenant have caused this Lease
to be executed and delivered the day and year first above written.
KHAN'S CORPORATION, INC.
~ 1M ue.J /( ~
-
.
~ Gilbert Ste nman
"0kM& i~u<<-a<,-
RochelYte steinman
11
STATE OF FLORIDA
)
) ss.:
)
COUNTY OF PALM BEACH
The foregoi~instrument was acknowledged before me by Gilbert
steinman this;)1:) day of A~, 1991.
- !rIJ
STATE OF FLORIDA
)
) ss.:
)
COUNTY OF PALM BEACH
The foregoing instrument
Rochelle Steinman this ~~day of
STATE OF FLORIDA
)
) ss.:
)
COUNTY OF PALM BEACH
MY COMMISSION
EXPIRES MAY 22. 1992
before me by
es:
MY COMMISSiON
EXPIRES MAY 22. 1992
The foregoing instrument was acknowledged before me by Aftab
Ahmet Khan, as President of KHAN'S CORPORATION, INC. this ~~ay
of 1\pId.a., 1991.
/JJj ~ ~^-
NOTARY PUBLIC
State of Florida
My Commission Expires:
," ,-.:"~~"'-""'''''-'","~-'-..-=-r,"".A.'''' ''''''1
"- .
",:'~,'.~'';~' >~~ ~I;'I ~.(t{;.:.;::.~.. ::<i .
~ ..~;,~/ :"f>;i ~.(~:f.'\;\:: M:;l i..~', ~.'<:..~,' ~'
,~,~., 1/
.......... "'. ,,-
.~".;.-;..."t"'~_~",~
'I
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13
imposed by reason of the nature of the business conducted upon the
Leased Premises by Tenant.
(b). Insurance.
(i) Landlord shall keep the Leased Premises insured
wi th an insurance company or companies against f ire and such
hazards as are included within extended coverage, the costs to be
shared as provided in (c) below. Insofar as permitted under their
respective policies of insurance, Landlord and Tenant waive all
rights, each against the other, for damage caused by fire or other
perils which are covered by insurance.
(ii) Tenant shall carry and pay for fire and
extended coverage insurance on Tenant's property maintained on or
about the Leased Premises, as well as garagekeeper's legal
liability insurance.
(iii) Tenant shall, at its expense, maintain public
liability insurance against claims for bodily injury or property
damage occurring in or about the Leased Premises, such insurance to
afford minimum protection, during the primary or any extended term
of this Lease, of not less than One Million Dollars ($1,000,000~001
for each occurrence of bodily injury or death and of not less than
Five Hundred Thousand Dollars ($500,000.00) for each occurrence of
property damage.
(iv) Each such policy of ins,urance required pursuant
to this Lease shall name Landlord and Tenant as the insured as
their respective interests may appear, and shall provide that the
same may not be canceled without at least ten (10) days written
notice to Landlord or Tenant, as the case may be, of such
cancellation. Each party shall furnish to the other certificates
or copies of any policies of insurance required of it under the
provisions of this paragraph.
(c) Tenant shall pay to Landlord Two Hundred Forty One
Dollars ($241.00) per month towards real estate taxes on the Leased
Premises and Seventy Five Dollars ($75.00) per month towards fire
and extended coverage insurance for the improvements on the Leased
Premises for years 1, 2 and 3 and a total of up to Four Hundred
Dollars ($400.00) per month for such items thereafter for the
remaining term of this Lease or actual cost for such items,
whichever is less.
12. DAMAGE TO LEASED PREMISES. If the improvements upon the
Leased Premises or any part thereof are damaged or destroyed
partially or totally by fire or through any other cause at any time
after the date of this Lease, such destruction shall not operate as
a surrender or cancellation of this Lease and shall not relieve
Tenant from any obligation hereunder, including the payment of
rent. However, if the Leased Premises are damaged to an extent
4
.
such that Tenant is unable to conduct its business on the Leased
Premises, then the rent~ha11 not be paid until the Leased Premises
are restored to good working order. The parties each agree to
repair or replace or reconstruct the structures on the Leased
Premises as same existed prior to said total or partial destruc-
tion. If Tenant fails to repair or replace or reconstruct the
damaged or destroyed improvements as aforesaid, Landlord may do so
and Tenant does herewith appoint Landlord as its attorney-in-fact
to endorse Tenant's name on any checks or other evidence of payment
representing the insurance proceeds and to apply same to the
payment of the costs of said repair or replacement or
reconstruction.
Notwithstanding the above, either party shall have an option
to terminate this Lease if such damage or destruction is material
and occurs within the last lease year of the term of this Lease,
provided (a) notice of termination is given to Landlord no later
than thirty (30) days after the date of such damage or destruction;
and (b) except as provided below, all insurance proceeds attribut-
able to the damage or destruction are assigned by Tenant to Land-
lord. In such event, Tenant shall retain the insurance proceeds
applicable to its improvements and Tenant shall be relieved of any
and all further liabilities under the Lease as of the date of such
damage or destruction.
All such restoration shall be pursuant to plans and specifi-
cations prepared by Tenant and approved by Landlord.
13. EMINENT DOMAIN. If the Leased Premises is acquired by
governmental or quasi-governmental authorities by the exercise of
the power of eminent domain, then, upon notice of Tenant's election
so to do given by Tenant to Landlord within thirty (30) days after
receipt by Tenant of notice from Landlord that proceedings or
negotiations with respect to such acquisition have begun, this
Lease shall terminate at the time possession must be surrendered to
such authority for all purposes except enforcement of rights then
accrued, and the award for such acquisition shall be pro-rated
between Tenant and Landlord as their respecti ve interests may
appear.
14. ASSIGNING OR SUBLETTING. Tenant may not assign this
Lease or sublet all or any portion of the Leased Premises without
the prior written consent of Landlord, which consent shall not be
unreasonably withheld. No such assignment or subletting shall
relieve Tenant of any of its obligations hereunder, and any such
assignor or sub-tenant shall take, subject to all the terms and
provisions of this Lease.
15. EACH PARTY'S RIGHT TO CURE OTHER PARTY I S DEFAULT. Tenant
agrees that if Tenant fails to perform any covenant or agreement in
this Lease contained on the part of Tenant to be performed, then,
and in any such event or events, Landlord, after the continuation
5
~n~eres~ ~n ~ne Leasea ~rem~ses, and such receiver is not removed
wi thin sixty (60) days after notice from Landlord to Tenant to
obtain such removal; or if the Leased Premises or Tenant's effects
or interest therein should be levied upon or attached under process
against Tenant, and the same is not satisfied or dissolved within
ten (10) days after notice from Landlord to Tenant to obtain
satisfaction or dissolution thereof; then, and in any of said
events, Tenant shall be deemed to have breach~d this Lease and
Landlord shall have the right at its option to:
(i) Enter upon and take possession of the
Leased Premises as Tenant's agent, and, wi thout
terminating this Lease, re-rent the premises at the
best price obtainable by reasonable efforts without
advertisement and by private negotiations and for
any term Landlord deems proper; whereupon Tenant
shall become and thereafter be liable and indebted
to Landlord, and upon demand shall promptly pay to