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LEGAL APPROVAL ...~"".'i-.,.l -~h;::S v~t=..!f. r'ni ...:::> F' ,"'J! ~/It'': . .... ''GJ~ ~~ ~ ~tG1-J PArutINC LEASE AGREEMENT v ThiJr_Pa!='ting Leale Agreement ("Lease") 1s entered into 'thts ~ day of ~ , 1997 by and between BARNETT BANK, N.A. (PALM BEACH COUNTY) ("LesoSoJ:"), whose addres8 J. c/o Barnett Sanks, Inc , 2850 Nor~h Federal Highway, 2nd FlOO~, L19hthouse Point, Florida 33064, Attention: Sonal Patel, and DSS ~~5TAURANT MANAGEMENT, INC. ("Lessee"), whose addre8s 1s 728 Cas. Loma Boulevard, Boynton Beach, Florida 33435. WIT N E SSE T H : WHEREAS, Lessor is the owner of that certain real property more particularly described as The East 117 F~et of Lots 3, 4, 5, and 6, plat Book 2, PAge 13, Boynton Beach, '.lm B.ach. county, Florid. (the "Properly") upon llhJ.ch are located cert~ln par~lng fac11it.ies as more particularly depicted on Exhibit "A" attached hereto ("Porking Lot"); and \,-, WHEREAS, Lessee desires Lessor to permit it, it'. employees, license.. and 1nv!te.8 to park upon the parking Lot; and WHEREAS, Lea.or deslre. to permit Lessee to ~ak. us. ot ~~e P.rking Lot pllr8Uiltlt. t.o the tepa. and provisIons hereJnbelow _tat.ed. NOW, THE~EFORE, for and in considerat1on ot Ten and 00/100 Dollars ($10.00), the ~utual premIses he~eln contain and other good and valuftble conside~atlon, the recetpt and &uff1c1ency of which is hereby acknowledged, Le$~or end Lessee, tntend1ng to be legally bound do hereby agree as tollows: 1. Lease of Pjlrklna Lot. Lessor hereby grants to Lessee and Lessee's e~ployees, licensees and !ovit.es the exclu&lvo rIght to park non-commercIal vehicles fo~ short term (6 hours or lqss) upon the Pa.l"king Lot; provided, however, 8u(~h parking rights will not interfere with Les5o~'. CugtO~Qrs access to and use Of L9SSQr#S drivQ through teller facilities 10c~tQd wit~in the ~lcinity of the PArking Lot# 2 ~ The term hereof snall be9in on February 1, 1991, and &h~11 continue for periods of one month each. Notwlthstandinq the foregoing, either party shall have the right to termtnate this A9reemen~ by the givIng of thirty (30) days prior wrl tten notice to the other party of it~ intention to term,lnilte ~hi. Lettse ("Termln.- tion Notioe") This Leaso .h81~ terminate thirty (30) days after the date at the Terllllnatlon NotiCe 1 I ~ ----_._-~- -~'---:. '\ ! " ! I ir \j \ ' , L: ' - -'~-'-'-"'--'111 ' j\t:i,'--'- ..\\, , ~ l' , ; Jlll') 5 lUUO tl tJ I IUI(\ (. !.~.J U __ j ~, \ L- f' t; t,;( ( U!!!J(~r o:v':'lPH \...,.I \..- v Nr~- 4-~O ~C~ 4~ ~C os 29/8; ruu 08 su fAX ..."t'.,..t:J2 , 3 BaD.t.. Lessee shall pay to Le.saor, as rental for the parking Lot, tn lawtul money of the United State. of America, a monthly rental of Three Hundred an~ No/IOO Dollars (~300,OO) per ~onth, plus applicable sales taxes. All ~ents .hall be due and payable in a<lvance on the firlit day ot each month, and at the add%'es~ set forth for notices under thJ..s Agreement, o.r at sueh other address as Lessor Shall, trom time to time, desiVnate by notice given to Lesse. as herelnaft9r provided 4. Rule. and Re9~lation,. Lessor shall have no obligation to police the Parking Lot for security of either pereon or property. Notwithstanding the foregoing, Lessor ahhll have the right, but ~ot the obligation, to exclusively control and _a1ntain the Parking Lot 1n its sole diaeretIon, as 1~ shall deem advIsable. ~ssee hereby agrees to abide by any such measurea established by Lessor now or in the future. 5. Jnde.mnitv, Lessee hereby ,aves Lessor harmle5. an~ indemni- fies Le..or from and agAinst any and all claims, actions, damages, l1~111ty And expenseS 1n COAnectlon with 10s8 of life, pe~~onal injury or loss OJ: dal1l4CjJ. of whatever nature inel uding property damage (1) caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or 1n part, any act, omission or negligence or Lessee or anyone claiming under Lessee (inelud1ng, but witho~t I1mlt.tlon, agents, eustomer5, employees, lIcensees and invitees of ~enant) no matt6r where occurring, or (11) occurring in, upon, or at the parking Lot no matter how caused or (i11) arising out of the use by Lessee of the Parking Lot or any part thereof. This indemnity and hold harmless e9re~ment shall 1ncludlii indemnity against all costs, eJtpenses and liabilities Incurred 1n con48Ction with any SQch injury, 108S or damage or any such claill\, or any proc:e6dlng brought thereon or the defense thereof. It LaS.Be or anyone elairdng- under Lessee shall be 1nj~red, no part of eaid injury, 10ls or damage is to be borne by Lessor or its ~gents. Lesaee agrees Le8Bor shall not be liable to Lessee or anyone elail1ling under Le5SQQ tor any 1nju.z:-y, loss or damage that may be caused by or result trom the act, omiSSion, defBult or neql1gence of any persona occupyIng any portIon of the parking Lo~, In cese the Lessor ahall, without fault on 1ts part, be made a paxt to any 11t1g4tion commenced by or against LesseQ, Lessee shall protect and hold Lessor harmless and shall pay All costs, expenses and reasonable attorney.' fees incurred or paid by Lessor in cOdnection with such litigation. Le5see shall &1$0 pay all cost., expenaes and reasonable attorney's tees that may be incurred or paid by Lessor in enforcing the provisions of this Lease , ftelease of Lessor. Unless cau5ed by the intentional acts 01" negl1.gence ot Lessor, its employees. or contractors, Lessor shall not be 11ablQ to L~l!l5ee or to any other person or ent.ity, for damage, 108S o~ injury, either to person or persona or property; or for the 108. of property sQstained by Lessee or by any other person, 2 I , :.: I .__._~~~ --_..!~ -.-. ---..:.-. I J .L. JUL 2 5 2000 Ii, ~. L-~_.-l~- 1- .Ie eX. ( ~, II' [ ~ r , '~!:"!"f .~..--. .-- v '-" v ~r~ .-J_ ~~~ ~~. ' r.v.J ~I"'~ .. persons or entitle. 1n or upon the Parking Lot or the &1d~alks or streets adjoining or appu~tenant to the Parking Lot belng or becoming ou~ ot ~epair or detective; or due to the happening Of any accIdent, however occurring; or due to A^~ act or neglect of Lessee or of any other person, persons or entlt1.~J or due to water, snow, rain, backing up of water mains or sewer., frost, .team, sewage, lewer gas, odor., electricity or electric cu~rent, ~ur.tinq, stoppage or leaking of pipe~ Ln or about the Park1ng Lot. 7. Insurat\c~. Les... will_aint.in pubH,c liability inlll\u:ance wi th respect to the Parking Lot. n81111'19 Lesllo~ and LeslIee as insureds, with . co~ined .ingle Ii.it of not less than One H1llioR DOllars ($1,000,000) on an Occurrence basi. with respect to both bodily lnjury and property damage.. Lessee _hall deliver to Lel.or a certificate of Insurance at l..at f1ft..n (15) day. prior to the commencement of the term of this Lea.. and a r&newal Certificate at least fifteen (15) days p~lor to the expiration ot the Certificate it reneWII. Said Certificates must provide for thirty (30) oays notl~e to Leasor 1n event of material change or cancell.t1on. 8. Ordinance. and Requlatlons. Le..ee hereby Covenant. and agrees to comply with all the ord1nancesl rules and regulations of Illl applicable goveJ:nmental or quasi governmental authorities hav1n9 jurisdiction over the Parking Lot, in80rer as any of such ~ules, ordinances and regulations pertaIn to tbe ",anner in wblch the Lo.... ahall use the Propetty as . Parking Lot 51 Sian!C. Tenant will not place any s1gn8 or other ""erti.ing matter or moter!.! upon the P4~klnq LotI provided Lesse.may erect small .19n. at its sole cost and .xpense~ 1) whlch shall be ,ubject to Lessor's approval, which ah.U rlot be unreasonably wlthheld; and ii) which shall not interfere with the flow ot traffic or drivers' vf8ib!li~y within the Parking Lot. 10. Jfotlt;es. All notices, requests, demand. and other cOllQaun.1cat1olUI hereunder ahall be in writing and transmitted to t.he other party by either (1) hand delivery; (11) federal e~press or similar ove~n19ht ~o~~Ler delivery; or (111) U. S certified mail, return receipt requested, postage prepaid. All not1ces are to be hand delivered o~ ma!led to the addresses indicated on page one (1) ot this Lease or to 5uch other address as shall be furnished in writing by either po~ty to the other. 11. B~1a~lonship of the ~taa. Nothing herein contained shall be deemed or const.lt.utd ~eatin9 the relation5h1p of principal and Agent or of partn~ or joInt venture between the part.ias hereto; it being underatoOd ,,{\d Agt'..d that neither the method ot computinq rent, any provlsl~ contained herein nor any acta of the par.ties hereto ahall be daa~d to create any relation- shj.p bRtwaftn t.J\e partIes other than that. '-of Lessor end Less.. 3 I . J ~-.....:..- ---- ...- ~_..__... i \I I I1'I 1 I Jdl JUL 25 2000 ~' L__..,__ ._'." ,.......j r ~,,, I !' ~p ~ _!~.:.:~- '.~ ..!~~ 1 I ..." n,- ., ... ;>- ....~..., ""'-.J ~..;;, 11$ lIt.a; '11lU '" U tM r.c:J..... .. "... . . l \......-- 12. I.1.mltat1on on ~iabUit" of Le.IJ..2X. It 1. specifically understood and agreed that there shall be no personal liability on ~ossor with respect to any of ~h. Qovenant., conditlons, or provi- sions of th1. Lease and in ~he event ot a breach or default by Lessor of any of Its obligAtions under this Le.se~ 1.o8sseo shall look solely to the equity ot Lessor 1n the parking Lot for satisfaction of L....... remedIeS. '-' 13. ~iscell~neous. Th.1s lA4S8 .et.8 for~h the ,entire under- standing and agr.~ent between the parties telatlve to the lub,eet matter contained here1n and supersedes all prior 4gree..nts and under.tand1ngs~ whvther oral or wrlttCln, p.rt.ining to such .ubject Plat.ter. Any amendllents or revisions hereto shall be made In wr1tIng only, exec:uted by both parties. Th18 ~a8. ahaU, bo construed and 1nterpreted in accordance with the laws of the State of FloridG. 14 . H.adioa". The paragraph head1ni:JCI herein a~8 inserted tor convenience only and shall not be deterDlinat1ve of the mean1n9 of any provision conta1ned herein. 15. 'f~IVER OF .1URY TRIAL BY ACCEPTANCB HBRSOF, LESSEE AND LESSOR AGR!E THAT NEITHER LESSOR NOR LESSEE, NOR ANY 01" GUARAN'l'ORS OR. ANY ASSIGNEE, SUCCESSOR, HEIR, OR tEGAC. REPRESENTATIVE OF LESSf;f;- (ALL OF WHOM ME HEREINAFTER REFERRED '1'0 AS '1'HB "PARTIES") SH~LL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEL>INCS, COUNTERCLAIM, OR ANY OTHER LITIGATION PROCEDURE BASED UPON 01' ARISIHG ovr OP 'l'HIS LEASE OR ANY INSTRUMENT EVIDENCING. SECURINC, OR RELATING TO THIS LEASE ANY RELATED AGREEMENT OR X NS'1'J\UMENT , OR 'tIlE DEALINGS OR THE RBLA'" TIONSHIP BETWEEN OR AMONG THE PARTIES, OR ANY or THEM. NONE OF THE PARTIBS WILL SIEK TO CONSO~IDATE ANt SUCH ACTION, IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER .ACTION IN WHICH A JURY TRIAL HAS 1'0'1' Bt;SN WAIVED. 'rHE PROVISIONS OF 'flftS PARAGRAPH HAVE BEEN FULLY NEGOTIATED BY THE PARTIES WITH LESSOR, AND THESE PROVISIO~S SJiAt,L BE SUBJECT '1'0 NO EXCEPTIONS. LESSOR HAS 1ft NO WAY AGIlEED WITH OR REPRESENTED TO ANY OF THE PARTIES THAT THE PROVISIONS OF THtS PARAGRAPH WIL~ NOT BE FULLY ENFORCED IN ALL INSTANCES. [THIS SPACE INTENTIONALLY LEFT ~K] I I I i j ! 4 c :i ,-. '-..__ 1 " JUt 25 2000 , j C. l.._..~.. I ft'. (.....'- .~ !II!. I,...:: .. """..'L-.) I Ie . . . '. v i \.-.I Mr~- ~-~~ ~~~ 4~ ~~ .. . IN Wj1NESS WHEREOF, the parties have executed thil Agreement thIs .2!"-- day of ~ .1997. ~\ ,., ~ . ... .. , - , ,-to '. j ., ... J ,I ~ :- .... . , r, .J .. LESS08: ' ~ \. :tl-, B~ &\"NK. N.A. (PALM BEACH C04NTY~ , \.. :' , , . ..~. , ",., f ~ f'. , ..~ .- I · I ~ ~ .~- ... LESSEE. r t~ \ 1 .! _J ',,, "h CSS RESTAUAANT MANAGEMENT. INC. ~~ .- -.; .: --..~ : ~: It _.... "- .. .... J' " .," , · "E '~*. By":' A 'j' Print ame: S!$fi;. ~ W Its: tI~ ~ ~' .. A' .. '-, .. ... ';' 'z, . . . . ... ..., \. eo;" .. ..... . ;~ JUL 2 5 2OI1J --.,..-..J f -.~.., - . -.I L.:1 1._. _.'. f 1", .r:' ~I' r J -. --=- =--1 f( -- -- 1 , ) I r--~l~1 ! ~ I ~ - ~ I u:- ) L-! , / '--J '..., 1 j--, -1 6 j <, i =:> ; =-)! I J j ~l I - __" _1 /- - "u ~ ... to- Q ~ c:J, .... -4 4) ~ ~........%"'s -.) .~ o ' ~". , - . - I , , ~ I . I ~\ 1Q~ I --.J~'O ~ ~~v . ;- ... V) ~' , ~~ 0 u. , . ~". j$ ~ ~ ~ ~' .aQ "'u \--~~., . ~ ~, :: C ~.!. j : -. ~ '"' i fa' Rl " ....r. ~ , 2- . - ~\ ~ "'" \n\ v "W'" . ~I I '" ~ ( .. JtI t'" &I I A 03J!lfG - -- Icr___~ j-r-=-=:':':':'- \Lr\ ~- l:: '---.-1 ~';7, . ~l \'- . I _: , 1=_" . > \ I (" \ ,~\ I l '11 I "; Ii I ---_'1 ! \ ' lr ( J " . - .-..... I I L. .., _ 01,,-.., - ~ l r-~~ \\ ~ ~.. I '\...~ '\~ ~ .\ ~\ ~ -- 4 T 1 ' - Use Two George's Parking Requirements (based on Occupational Licenses issued as of 4/01/03) parking parking variable calculation (use) Two Georqe's Restaurant 225 seats 90 Restaurant Diamond Girl Jewels 200 sq ft 1 Retail (located within the restaurant) Dive Shop II (2nd floor) 1000 sq ft 5 Retail (sq ft is an estimate) Splash Down Divers (1 st floor) 1000 sq ft 5 Retail (sq ft is an estimate) Sea Mist Enterprises 59 psgrs 196 Comm Boat Delta's Splash 22 psgrs 73 Comm Boat Boynton Beach Boat Rentals 13 psgrs 43 Comm Boat Little Deeper 22 psqrs 73 Comm Boat Hickman, Robert 5 psgrs 2 Comm Boat Lattanzi, Ernest J 5 psgrs 2 Comm Boat Intracoastal Jet Ski Rentals 12 psqrs 4 Comm Boat Rod Bender 6 psgrs 2 Comm Boat Deeper Dive Charters Int'l 22 psqrs 73 Comm Boat Ham'R Time 6 psqrs 2 Comm Boat Loqqerhead Dive Charters 24 psgrs 8 Comm Boat Pelican Dive Charters 25 psgrs 83 Comm Boat Carl Miller FishinCl Charters 5 psgrs 2 Comm Boat Hess, Daniel P 5 psgrs 2 Comm Boat Great Day Enterprises 5 psqrs 2 Comm Boat Flyin' Fish 6 psgrs 2 Comm Boat Sea Hawk 6 psgrs 2 Comm Boat Bimini Water Sports, Inc. 2 psgrs 2 Recreational Boats 1871 CBD 50% Reduction 93 55 *Parking required for deck addition 125 seats 50 Shortage 43.55 *Parking available on Casa Lorna & 2 G's (~- ~& 5) Marina Site 45 Parking calculations based on the following assumptions. Restaurant = 1/25 seats or 1/100 sq ft Retail = 1/200 sq ft Charter Boats - 1/3 seats, not less than 2/boat * Note that the Amended Mediation Agreement dated 6/12/2000 requires the spaces on Casa Lorna Blvd_to be nonexclusive reciprocal parking, That agreement also specifies that Two Georges must provide off site parking to accommodate the current code requirement for the deck expansion (50 spaces without CBD reduction) .. I . . I Barnett Technologies, Inc. May 6, 1994 South Region Real Estate Services 1101 East Atlantic Boulevard Pompano Beach, Florida 33060 3051786-3393 Fax Two Georges, Inc. 728 Casa Lama Blvd. Boynton Beach, Florida 33435 Attn: Mr. George Culver Re: Barnett Bank - Boynton Beach Parking Dear Mr. CUIv"!0/j,is Please a~iS letter as confirmation to extend your lease term for an additiona~ar. with a one year option to renew. Would you please return your check of $10.60 with the approval signature. Term: One year 2-01-94 - 1-31-95 Option to renew: One year 2-01-95 - 1-31-96 ill Base rent: $10.00 00 Sales tax: ~ MAY 2 5 1994 c- Total rent: $10.60 All other terms and conditions of the original lease remain uncfiange Please sign below indicating your agreement to the aforesaid proposal and include a copy of your current Certificate of Insurance. If you have any questions or concerns, please do not hesitate to contact me at (305)786-3361. ~ f") 191 ~ 1, I, J.. c."' APPROVED ...-(j/&.tl!-~/. DATE: .!J - /; ~/9" cL .,~t~.; Ci':IVEl i ;.; ( 1 ~ 1994 CllYM.;;~~e:R'~v?rj '-" \~/~J). D"^- \~C) \ ~ Very truly yours, fM/Y~ ~ "'" ,~ :"J _ (\ l ~.J. \, ~v... , \.j " 'l.. " ; 'J ( ':"v ~ ,;~ _ 'f: ~~\ Lorraine Maas Secretary to Ronald P. Scagliola Property Manager for Barnett Bank of Palm Beach County 3333 N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS. & SURVEYORS 10CA U TON, FlORIDJ SKETCH THE FOR A PARKI NG LEASE EXH 1 B 11 EAST 117 FEET OF LOTS 3-6 FUNK BROS. ADDITION PLAT BOOK 2, PAGE 13 BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA fD~ III NJ t)E'^GI\ l$)$l lV.A,ED 4 ~ ~ll'(,lt11 f /"~: ~Dl'lH t;'N Of &''<~Jrr~) B{.~r,l\ tOUll'A!..t1 \. 'two rif.OR~~t> ~I;~-- . 1\1['0 '1 ~ . .- ~ :-~ It; ,C: ' ~..; =") ~. ~ -\ I I:~ -t -- { .'. I hi C.. lit U ,,' u:' 1 t u: r.) .., .- nIl ~[\' I /., -,. I " I I I L.... \_/ t --L 1nr:'t- ('{\';..-., ..... o "0 ~ -, "- , , '-' "'~f",.'I'''' ' fL~I~(t Lt'1 L1ut: --, t I t' -I' I ,\ I " . '" 1_._ " I-U '-, ....) , () (" , I 0 <:) Q !' -. ...~ , 9 I . -r" ,,, , I t J ' t.._ '.. ~ ~ ,<:3 " g .-:J .', C"l -') <'") '., ," I , I I . -,- .. fl It:r r~. tl l.lrt i. I ~ {, t rU';l H \) U\1 L H If:' t '.1 J 1 ''II, .r" , I'. I \' I '.' ,,' I c::) ":"I <i -\I r lj -;7' ,. . 11 ~. o()' 10f'(lO' Of) ':, /' ~rre u t.t'1 \ [)t.) \\1.01)1 Drown 'Y Ch.ck.d 'Y Seol. fL :n:;.' \" = 5/)' Dol. \t- O'I--jO ',B. ...::;..;:;:.. , (I. 00' -. - Job No. 10[)- ~bl~ 11. Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from the drive in banking facility of Lessor. 12. Lessee agrees that it will indemnify and hold harmless Lessor against any expense. loss. liability. or damage that Lessor may sustain or incur on account of'~ breach of any covenant or condition of the Lease or on account of any injury to property or persons on the Demised Premises. or in comection with any legal proceedings brought by the Lessee against any person other than Lessor. Lessee's liability under this Lease extends to the acts and omissions of any agent. servant. employee. visitor. or licensee of Lessee. 13. Lessor and Lessee agree to carry fire and extended coverage insurance on their respective property and interests in Ihe demiscd premises and mutually release each other from any claims for losses or damage which may be covered by their respective policies. 14. Lessee shall provide and maintain at its own expense the following insurance with such insuring companies authorizcd to do business in the State of Florida with general policy holder's ratings of not less the A and in a financial size category of not less than XIII. as rated in the most current available Besls Insurance Reports. or the equivalent thereof. and in such fonn and substance as shall be satisfactory 10 Lessor: Comprehensive General Liability Insurance with the following minimum limits of liability: Bodily Injury Property Damage $500,000.00 each person $500.000.00 each occurrence $100.000.00 each occurrence $100.000.00 aggregate The policy shall provide for Protective Liability Insurance with respect to operations of contractors. The policy should be endorsed to provide coverage for Lessor as an additional insured with respect to its liability arising out of its ownership of the leased premises. The policy shall include an endorsement to the effect that the Other Insurance Clause shall not apply with respect to similar insurance carried by Lessor. In addition. the policy shall include Contract Liability Coverage which shall cover the following Indemnity Agreement. which agreement is hereby made a part of this lease. 15. An notices by either party to the other shall be made in writing by depositing such notice in the certified or registered mail of the United States of America. and such notice shall be deemed to have been served on the date of such depositing in the certified or register mail unless such depositing in the certified or registered mail unless otherwise provided. All notices to Lessor shall be made to Banett Bank, Facilities Department 2nd Floor, 250 Park Avenue, Winter Park, Florida 31789, Att. East Rqion Property Manaller with a copy to Richard Withers Esq. of Mahoney, Adams & Criser, SO North Laura Street. P.O. Box 4099, Jacksonville, Florida 32201 or such other address as Lessor may from time to time designate in writing to Lessee. and all notices to Lessee shall be made 728 Casa Loma Blvd.. Boynton Beach, Florida 33435. Notwithstanding the foregoing, notice to Lessee may be given by hand delivery. Page 2 of 3 16, This Lease constitutes the entire agreement of Ihe par:ties and any changes hereto must be made in writing and signed by both parties, IN WITNESS WHEREOF. the parties hereto have caused this instrument to be executed under their seals. on the date first above written. Signed. sealed and delivered in presence of: LESSOR: WITNESS: BARNETT BANK OF PALM BEACH COUNTY. N.A. BY: LESSEE: TWO GEORGES. INC. BY: -f$~j< 7t!!i J...,;e~ TITLE: rz;,~,U'11.1V1 e.ecuIiOO~ rore8<JinB ~ was _Iedged before me Ibis \2. '1 day of of J....ary. 1991 by ~ as () wAJJ on behalf of Two Georges Inc. Wilness my hlnt lI'Xi offX:ial <.t'lAME) (TITLE) () ~ ,.a. aI 1'6. said t<JUIlIy .... stale dUs Gl-r day of r! a#"I , 1991. NOTARY SEAL: Commission Expires , Page 3 of 3 (Exhibit A Attached Hcreto) W?;LL CA1J., , 6i PREPARED BY AND RETURN TO: ALAN J. CIKLIN, ESQUIRE BOOSE CASEY CIKLIN ET AL 17th FLOOR - NORTHBRIDGE CENTRE 515 NO. FLAGLER DRIVE WEST PALM BEACH, FLORIDA 33401 MAY-04-1995 10:58am 95-139759 ORB 873 -..,. p"" -.i"'"\ .; \ ...:.... '::! LU....,. ...B.IIIIIIIIII ~I.II PARKING COVENANT This Parking Covenant is made this --1- day of VY\ V\ )--- 1995, by MANILA, INC" a Florida corporation,("Owner") whose address is 728 Casa Lorna Boulevard. Boynton Beach, Florida 33435. WHEREAS, the City of Boynton Beach. Florida. has agreed to permit the property known as TWO GEORGES, which is more fully described in the attached Exhibit "A". to use off site parking; and, WHEREAS, TWO GEORGES has entered into a Parking Lease Agreement ("Agreement") with Barnett Bank, a copy of which is attached hereto as Exhibit "B"; and, WHEREAS, the parking spaces set forth in Exhibit fiB" are required for the full use of the TWO GEORGES property, unless TWO GEORGES is otherwise able to comply with the parking requirements of the City of Boynton Beach, or as they may be amended from time to time, NOW THEREFORE, the Owner agrees to the following parking covenants. 1. In the event the Agreement attached hereto is either cancelled or not renewed by Barnett Bank, the Owner agrees to within ten (10) days after receipt of said cancellation or failure to renew, notify the City of the termination of the Agreement with Barnett Bank, I 2, The Owner agrees that the City may. in the event of termination of the Agreement, modifY its Certificate of Occupancy based upon the reduction in required parking, unless the Owner is able to prove to the City of Boynton Beach's satisfaction that other parking is adequate to meet the City's requirements. 3. The City of Boynton Beach is acknowledged as being a third party beneficiary of this Parking Covenant, and in the event of the Owner's failure to comply with its terms, may enforce the , ORB 8732 P9 206 EXHmIT "A" Lots 1, 2, 3, 4, 5, and 6; and the East 15,35 feet of Lot 7, CASA LOMA, according to the Plat thereof recorded in Plat Book 11, Page 3 of the Public Records of Palm Beach County, Florida. ORB 87-:T -::' p.. .J ""- ~ 207 BRANCH #30 114 NORTH FEDERAL HIGHWAY BOYNTON DEACH, FLORIDA 33435 PARKING LEASE AGREEMENT THIS INDENTURE, made and entered into this 22nd day of January, 1991, by and between BARNETT BANK OF PALM BEACH COUNTY, N.A., having a principle place of business at 250 Park Avenue South, Winter Park, Florida 327H9 hereinafter called Lessor, party of the first part. and TWO GEORGES, INC., having a principle place of business at 728 Casa Lorna Blvd., Boynton Beach, Florida 33435 hereinafter called Lessee, party of the second part. WITNESSTH That for and in consideration of the rents and covenants herein comained, Lessor hereby Leases unto Lessee, the following described premises in lhe Cily of Boynton Beach, CowlIy of Palm Beach. The East 117 Feet of Lots, 3, 4, 5 and 6, Plat Book 2, Page 13, Boynlon Beach, Palm Beach Counly Florida, More parlicularly described in Exhibit A attached herelO. TO HAVE AND TO HOLD the same for a primary lerm of one (1) years beginning on the First day of February 1,1991, and ending on the 31st day of January, 1992 at a rental annual rate ofTen dollars ($10,00) plus applicable sales tax. The above rent shall be payable in advance to: Barnell Bank of Palm Beach County, N.A. Attn: East Region Propcny Manager 250 Park A venue Soulh Winter Park, Florida 32789 COVENANTS AND AGREEMENTS 1. Lessor warrants that upon performance of Lessee's agreements lmder this Lease, Lessor will mainlain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administralOrs, successors or assigns. 2, Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this Lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and upaid for ten (10) days after wrillen nOlice from Lessor to Lessee, Lessor shall have thc right to rC-Clller said leased prcmises and to remove all persons and propcny lherefonn. 4. Lessee agrees to use the premises solely for the purpose of short tenn, (six (6) hours or less) non- commercial (no trucks, buses, etc.) vehicular parking. Lessee further agrees to mainlain said parking spaces in the same general condition as when received; ordinary wear, tear, detcrioralion, damagc by Ihe clements, or unavoidable casualty excepted. 5. Upon termination of this Lease, Lessee shall deliver possession of the leased premises to Lessor in the same general condition as when received excepting however, ordinary wear, lear and dCleriuration or damage by the clements. 6. Lessee represents that it has inspected the premises and acccpts tJle same. for purposes of tJlis Lease and accepts tJlC same, as is. 7. Said lease maybe tenninated by eilher Lessor or Lessee at any time by giving Fourteen (14) days wrillen notice. 8. No signs may be placed by Lessee. 9. TIle Lessee shall not furthcr sublel or assign any portion of ils right wldcr this Lcase. 10. It is agreed that time shall be of the essence of this agreement and tJlis Lease shall be binding on both parties, their hiers, personal representatives, and/or assigll'i when this Lcase shalll>c signed by bOlh panics or their authorized lIgents. Page 1 of 3 ~ EXHIBIT "B" Page 1 of 5 ORB 8732 P9 208 11. Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from thc drivc in banking facility of Lessor. 12. Lessee agrees that it will indcmnify and hold harmless Lessor against any expense, loss, liability. or damagc thai Lessor may suslain or incur on account of a brcach of iUlY covcnant or condition of lllC Lcase or on accounl of any injury to property or persons on the Dcmised Prcmises, or in connection willI a.ny legal proceedings brought by the Lessee against any person other than Lessor, Lessee's liability under this Lease extends to the acts and omissions of any agent. servant, employee. visitor, or Iiccll~ce of Lessee. 13. Lessor and Lessee agree to carry fire and extended coverage insurance on llleir respcctive properly and interests in the demised premises and mutually release each other from any claims for losses or damage which may be covered by their respective policies. 14. Lessee shall provide unt! maintuin at its own expense the following insurance with such insuring companies auUlOrized to do business in Ihe State of Florida with general policy holder's ratings of not less the A and in a financial size category of not less than XlII, as raled in Ule 1I10st current available Bests Insurance Reports, or Ihe equivalent Ulereof. und in such form and substance as shall be satisfactory to Lessor: Comprehensive General Liability Insurance willI the following minimum limits of liability: Bodily Injury Property Damage $500,000.00 each person $500,000.00 each occurrence $100,000.00 each occurrence $100,000.00 aggregate The policy shall provide for Protective Liability Insurance with respect to operations of contraclors. TIle policy should be endorsed 10 provide coveragc for Lessor as an additional insured willI respect to its liability arising out of its ownership of the lcased premises. The policy shall include an cndorsement to thc effcct lhat the Othcr Insurance Clause shall not "pply with respect 10 similar insurance carricd by Lessor. In addition, the policy shall include Contract Liability Coverage which shall covcr UIC following Indemnity Agreement, which agreement is hereby made a pan of this lease. 15. AH notices by eithcr party to Ule other shall be made in writing by depositing such notice in lhe certified or registercd mail of the United Slates of America. and such notice shall be decmcd to havc been served on the dale of such depositing in the certified or registcr mailllnless such deposiiing in UlC certifjed or registered mail unless otherwise provided. All notices to Lessor shaH be made 10 Barnett Bank, Facilities DepHrtment 2nd l'loor, 250 Park Avenue, Winter Park, Florida 32789, Alt. East RCAion Property MamlAer WiUI a copy to Richard Withers Esq. of Mahoncy, Adams & Criser, 50 NorUI Laura SlIeet, P,O. Box 4099. JacksonviHe. Florida 32201 or such other address as Lessor may from time to timc designate in writing to Lessec, and all notices to Lessee shall be made 728 Casa Loma Blvd., Boymon Bcach, Florida 33435. NotwiUl~tllilding the foregoing, notice 10 Lessce may be given by hand delivery. INJ~ ~ ~t Page 2 of 3 EXHIBIT "B" Page 2 of 5 ORB 8732 Ps 209 '. 16, 111is Lease constilutes the cntire agreement or the p.u:tics and any changes hereto must be made in writing and signed by bolh partics, IN WITNESS WHEREOF. the parties hereto have caused tJlis inslrumentlo be execuled under tJleir seals, on the date first above wriHen, Signed. scaled and delivered in presence of: LESSOR: BARNETf BANK OF PALM BEACH COUNTY, N.A. BY~~ TITLE: ~~{ ;t~Jt::!c..f~~'r1y ~V1 WITNESS: BY: LESSEE: TWO GEORGES, INC. BY: .-f!!Ie~JC '?8J-verr TITLE: fZ/:'- -<-J7 'f../2,-t " ... ExecUliol~ ~~\C foregoing inslrumcnt was acknowledged before me this .:2. 7 day of of January, 1991 by r!.iil. ~ as {1. wiif 00' behalf of Two Georges Inc. Witocss my hard and offICial <t./AME) (TITLE) () CLE. seal al 1'8. said eounly IUld slale Ihis 611 day of r! aA'1 . 1991. NOTARY SEAL: "'"'' ''P.~~!' ~~ REBECCA H. RODGERS {~ti\. MY COIolIolISSIOII EXPIRES ~~ ,:~ June 17 1994 ~l;~"..~~.~" 80UOEO llfRU lROY FAllIlllSURAlICE. /lie, Commission Expires ---------.--.,-----------..--..-- .. , , Page 3 of 3 (Exhibit A Attached Hereto) EXHIBIT "B" Page 3 of 5 . ,~. '. ORB 8732 P9 210 3333 N. FEDERAL HWY. JOHN A. GRANT, JR., INC. CONSULTING fNGINfEAS &. SURVEYORS aOCA RATON, FLORIDA SKETCH THE FOR A PARKI NG LEASE EXH I BIT EAST FUNK 117 FEET OF LOTS 3-6 BROS. ADDITION 'PLAT BOOK 2, PAGE 13 BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA ,,,E:nH fOR: IWO GEORH6 bDU,H R:W Of 6C>Xto.. fulj B('~Ch 'DOljl.E'0~~t> .1- -f;- - -- --- - <.. c, 4 -;;: ~ l..- II " '" "l; <-. " " ~D""JTO~ DEAGti 5DuL[YARD r-.: 9 ,~: - ", \\1,(\0 . t ; " I, n~ ,";D' '10(' OCl' CD II : ,'.\ l' I I . ! \ J I ..... '-' . . - o co C) V) -) .... \ I -' "'\tiC' vII' or," Y~~11(~ i..Di LI.,.E ..--- + ! /,\-r I . I I I I, t ,_... " ,--- 1-, oJ ~ ' ('J -.; n . ,I 0 0 <:... :;1 t;"~ , ___9 " \ -r' , ~) I '-.... \... ~ 8 & ~ <:) . (~ <") .~ <:) '" l' , I , I '-r .. rlJo.-n~t> L-1l1 ~'lJl ':'-t '!', f'L~1n C un l.11J~"'t l.J.J I ", .r- I I I I I \.. J I l.... ' I Q <:-. <:i '" r- I .-) '... z nIL ?O' 'I, ~oooo' 00 I~ ?\ie ltU\l\Dt-J 'D" ()() I ('10 II \11.00' i J. _"$ o.~ ,~~ ;Q~ ~t ~i w u 2"s en.a a:m We; 0::1 a: 8 W C'C Drawn By' t'L Checked By ::ra- \11 :: r:D' Scol. _ . ~.. Dol, It- 01- '.fL 1'.8. - fig. -::-- Job No. lOt) - ~ b ,,, EXHIBIT "B" (Page 4 of 5) Barnett Banks, Inc. February 7, 1991 East Region Facilities Management 250 South Park Avenue Winter Park, Florida 32789 407/646-3680 Two Georges, Inc, 728 Casa Loma Blvd. Boynton Beach, Florida 33435 All: George W, Culver. Director RE: PARKING LEASE Dear Mr. Culver: Enclosed please find one copy of the signed lease agreement between Two Georges. Inc. and Bamel! Bank for Ihe parcel of land located at the northeasl comer of Bamell Bank on Federal Highway in Boynton Beach. We also acknowledge receiving Ihe Article of Incorporation of Two Georges Inc.. and Certificate of Insurance plus the $10,00 renlal check, which did not have the tax in Ihe amount of $,60 included, Please send a check in the amount of $,60 10 complete your total renlal payment. please attach a copy of this lelter. Thank you for your cooperation. JJB:hl .. BRANCH #30 114 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FL.ORIDA 33435 PARKING LEASE AGREEMENT THIS INDENTURE, made and entered into this 22nd day of January, 1991, by and between BARNETT BANK OF PALM BEACH COUNTY, N,A., having a principle place of business at 250 Park Avenue South, Winter Park, Florida 32789 hereinafter called Lessor, party of Ihe first part, and TWO GEORGES, INC., having a principle place of business at 728 Casa Lorna Blvd" Boynton Beach, Florida 33435 hereinafler called Lessee, party of the second parL WITNESSTH 111at for and in consideration of the rents and covenants herein contained, Lessor hereby Leases unto Lessee, the following described premises in the City of Boynton Beach, County of Palm Beach, 111e East 117 Feet of Lots, 3, 4, 5 and 6, Plat Book 2, Page 13, Boynlon Beach, Palm Beach County Florida. More particularly described in Exhibit A attached herelo. TO HAVE AND TO HOLD the same for a primary term of one (1) years beginning on the First day of February 1, 1991, and ending on the 31st day of January, 1992 at a rental annual rate of Ten dollars ($10,00) plus applicable sales tax, The above rent shall be payable in advance to: Bamett Bank of Palm Beach County, N,A. AUn: East Region Property Manager 250 Park A venue South Winter Park, Florida 32789 COVENANTS AND AGREEMENTS I, Lessor warrants that upon performance of Lessee's agreements under this Lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors, administrators, successors or assigns. 2, Lessor shall pay all taxes, special assessments and public charges levied against the premises, payable during the term of this Lease. 3. Lessee agrees to pay Lessor the rent as herein specified, If the rent hereunder shall remain due and upaid for ten (10) days after written notice from Lessor to Lessee, Lessor shall have the right to re-enter said leased premises and to remove all persons and property thereform. 4. Lessee agrees to use the premises solely for the purpose of short term, (six (6) hours or less) non- commercial (no trucks, buses, etc,) vehicular parking, Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear, tear, deterioration, damage by the elements, or unavoidable casualty excepted, 5, Upon termination of this Lease, Lessee shall deliver possession of the leased premises to Lessor in the same general condilion as when received excepting however, ordinary wear, tear and deterioration or damage by Ihe elements, 6, Lessee represents that it has inspected the premises and accepts the same, for purposes of this Lease and accepts the same, as is. 7. Said lease maybe terminated hy p-ither Lessor or Lessee at ~my tiP.1e by giving Fourteen (14) days written notice. 8. No signs may be placed by Lessee. 9. The Lessee shall not further sublet or assign any portion of its right under this Lease, 10, It is agreed that time shall be of the essence of this agreement and this Lease shall be binding on both parties, their hiers, personal representatives, and/or assigns when this Lease shall be signed by both parties or their authorized agenls. Page 1 of 3 II. Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from the drive in banking facility of Lessor. 12, Lessee agrees that it will indemnify and hold harmless Lessor against any expense. loss. liability. or damage that Lessor may sustain or incur on account o(~ breach of any covenant or condition of the Lease or on accounl of any injury to property or persons on the Demised Premises, or in connection with any legal proceedings brought by the Lessee against any person other than Lessor. Lessee's liability under this Lease extends to the acts and omissions of any agent. servant. employee. visitor. or licensee of Lessee, 13, Lessor and Lessee agree to carry fire and extended coverage insurance on their respective property and inlerests in Ihe demised premises and mutually release each other from any claims for losses or damage which may be covered by their respective policies. 14. Lessee shall provide and maintain at its own expense the following insurance with such insuring companies authorized to do business in Ihe State of Florida with general policy holder's ratings of not less the A and in a financial size category of nol less than XIII, as rated in the most current available Bests Insurance Reports. or the equivalent thereof. and in such form and substance as shall be satisfactory to Lessor: Comprehensive General Liability Insurance wilh the following minimum limits of liability: Bodily Injury Property Damage $500.000,00 each person $500.000,00 each occurrence $100.000,00 each occurrence $100.000.00 aggregate The policy shall provide for Protective Liability Insurance with respect to operations of contractors, The policy should be endorsed to provide coverage for Lessor as an additional insured with respect to its liability arising out of its ownership of Ihe leased premises, The policy shall include an endorsement to the effect that the Other Insurance Clause shall not apply with respect to similar insurance carried by Lessor, In addition, the policy shall include Contract Liability Coverage which shall cover the following Indemnity Agreement. which agreement is hereby made a part of this lease. IS. All notices by either party to the other shall be made in writing by depositing such notice in the certified or registered mail of the United States of America. and such notice shaU be deemed to have been served on the date of such depositing in the certified or register mail unless such depositing in the certified or registered mail unless otherwise provided. All notices to Lessor shall be made to Barnett Bank, Facilities Department 2nd Floor, 250 Park Avenue, Winter Park, Florida 32789, Att. East Region Property Manager with a copy to Richard Withers Esq, of Mahoney, Adams & Criser. 50 North Laura Street. P,O. Box 4099. Jacksonville. Florida 32201 or such other address as Lessor may from time to time designate in writing to Lessee. and all notices to Lessee shall be made 728 Cas a Lorna Blvd,. Boynton Beach. Florida 33435, Notwithstanding the foregoing. notice to Lessee may be given by hand delivery. Page 2 of 3 16. This Lease constitutes the entire agreement of the par.ties and any changes hereto must be made in writing and signed by bolh panies, IN WITNESS WHEREOF, Ihe parties hereto have caused this instrument to be executed under their seals, on Ihe date first above written, Signed, sealed and delivered in presence of: LESSOR: WITNESS: BARNETT BANK OF PALM BEACH COUNTY, N.A. BY: LESSEE: TWO GEORGES, INC. BY: .-ek~.K ~~e/-f , t/ TITLE: f2:/~<Y71.fVt Execulion ~ foregoing j""rumen' was acknowledged before me Ibis .:l <j day of of January. 1991 by ~ as 0 W!l...lY on behalf of Two Georges Inc. Witness my hand and official seal at '8~E:ajd counly and ;~~~~ls a/I day of r , 1991. NOTARY SEAL: Uti", $'$.'i'~~' ~ REBECCA H. RODGERS f-: ,:-i MY COMMISSION EXPIRES t;~. .J.~ June 17, 1994 ~~I,~f..!~,,"'" eorroED THRU TROY fAIN INSURANCE, INC, Commission Expires Page 3 of 3 (Exhibit A Attached Hereto)