APPLICATION
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Has applicant attended a pre-application meeting? ---L..d~ Date: /0110/ O~
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CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
CONDITIONAL USE APPLICATION ; ~_ \..: DEe I 9 L:J. '
NOTE: This form must be filled out completely and accurately and must accompany all applications
submitted to the Planning Division (two (2) cooies of application required).
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AGENT'S NAME:
PROJECT NAME: ;:Jerri) s t'g (,tr L () uYlj e
.:::Je..\,'(\./ P.e~,^,\.so Vl 11=
L{.77(l NtJ 90-AA~J Coral 8pr1f1SS, FL 3300'1-
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E-MAIL: J vp ~3 @ a.o/. toVV\.
OWNER'S NAME: :::Je.r-,'1 v: Pe4.rson
(or trustee) I I /J
ADDRESS: 4t:(.'1~;')0 t;O-f,^ fA./~,f COiCM:. SpriY155, FL 3.3(j(;,'T
q5'-1"3~5' 03~3
964- 3l./'-I- rt :S4S-
l'3361 LJ V)()jn-toft 13eClCh Blvd, :3-1e 5
Eoyn1-o1') ~i1 : FL- 333%
08'- Lf3.. L/5- 30... 81- 007 ... DOL 0
4-11 ~/l/A.) t((Jfit W~
Coyai Spri~S I .,:L, 330G'1
PHONE:
ADDRESS:
FAX:
PHONE:
FAX:
PROJECT LOCA nON:
(not legal description)
PCN NUMBER:
CORRESPONDENCE ADDRESS: *
(if different than agent or owner)
*This is the only address to which all agendas, letters and other materials will be forwarded.
Date Submitted: I <R I /9/0'
Applicant's Name: ue..rry V. P.e-CA..,50(\
Applicant's Address: L../'1'1~ Nt..) 90 -H-.. w~
CoraJ Spr'~s I FL ~gO(b7-
Phone: 1;51.. 3;25 .. O~cQ\5
Fax: f/5t./- 3#- '13ti:J
Legal Description: 7JJaJ P{)r'.f/(>Yl. of' rr~ 7; Pt;.. 1M ~ FtU""r'Vl5 ~J4IIiXi"Y Pla.f
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Project Description:
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The Owner has hereby designated the above-signed person to act as his agent in regard to this petition.
(To be executed when Owner designates another to act on his behalf.)
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I. GENERALINFO~ATION
a. All property owners located within (400) four hundred feet surrounding the subject parcel
shall be notified by the applicant.
b. Notice of the public hearing shall also be advertised in a newspaper published in the City
at least ten (10) days in advance of the hearing.
c. At the public hearing held by the Planning and Development Board and Community
Redevelopment Agency Board (CRA), evidence for or against may be presented.
d. . The Planning and Development Board or CRA may recommend, approval with
modification or denial of the application subject to the standards provided in Ordinance
No. 76-46. A written report of the Board's findings shall be forwarded to the City
Commission.
e. At a regular meeting, the City Commission may approve, approve with modification or
deny the application subject to the standards provided in Ordinance No. 76-46.
f. Each new application for conditional use approval shall be accompanied by a fee payable
to the City of Boynton Beach as per the fee schedule.
",
g. Each application for an extension in time of a conditional use approval shall be
accompanied by a fee payable to the City of Boynton Beach for four hundred ($400)
dollars. Such application shall be submitted to the Planning Director not less than 45 days
prior to the expiration of the approval.
h. Representative of the proiect must be present at all Technical Review Committee. Planning
and Development Board. or CRA. and City Commission Meetings held to review this
proiect.
II. CONTENTS OF THE CONDITIONAL USE APPLICATION
Application for conditional use shall contain two (2) copies ofthe following items:
a. Statement of the applicant's interest in the property to be developed, including a copy of the
last recorded Warranty Deed, and a certificate from an attorney-at-law or a title insurance
company certifying who the current fee simple title holders of record of the subject property
are, and the nature and extent of their interest therein, and:
I. If joint and several ownership, a written consent to the development proposal by all
owners of record, or
2. If a contract purchase, a copy of the purchase contract and written consent of the
seller/owner, or
3. If an authorized agent, a copy of the agency agreement and written consent of the
principal/owner, or
4. Ifa lessee, a copy of the lease agreement and written consent of the owner, or,
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5. If a corporation or other business entity, the name of the officer or person
responsible for the application, and written proof that said representatives have the
delegated authority to represent the corporation or other business entity, or in lieu
thereof, written proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate
legal description of the subject property, and the total acreage computed to the nearest one-
hundredth (11100) of an acre (these two surveys are in addition to the surveys required on
page 6 of this application, Sec. 111.19.).
c. Vicinity map, showing the location of the subject property in relation to the surrounding
street system.
III.
SITE PLAN REQUIREMENTS
Nl^
Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall
be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately submitted. Incomplete site plans will
not be processed.
(Please check)
1. Boundaries and dimensions of the parcel.
2. Scale, graphic scale, north arrow, and date.
3. Adjacent properties or land uses.
4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes,
driveways and unimproved rights-of-way within one-hundred (100) feet of the site.
Also, names of adjacent streets and rights-of-way.
5. Location of all proposed structures, and any existing structures that are to remain on
the site.
6. Setbacks of all structures (over 3 ft. in height) from property lines.
7. Use of each structure, indicated on the site plan.
8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential
structure, to be indicated on site plan.
9. Indication of height and number of stories of each structure.
10. Indication of structures, equipment, etc., above 45 foot height, including height in
excess of 45 ft.
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N/A
11. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structure.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures; including materials, surfaces,
including roofs.
15. Indication of the numbers and types of recreational facilities to be provided for
residential developments.
16. Indication on site plan of location, orientation, and height of all freestanding signs
and wall signs.
17. Location of walls and fences, and indication of their height, materials, and color.
18. A landscape plan, showing conformance with the Landscape Code and Tree
Preservation Code, and showing adequate watering facilities. Plants must be keyed
out according to species, size and quantity.
19. A sealed survey, by a surveyor registered in the State of Florida, and not older than
six (6) months, showing property lines, including bearings and dimensions, north
arrow, date, scale, existing structures and paving, existing elevations on site, rights-
of-way and easements on or adjacent to the site, utilities on or adjacent to the site,
legal description, acreage to the nearest one-hundredth (1/100) of an acre, location
sketch, and surveyor's certification. Also, sizes and locations of existing trees and
shrubs, including common and botanical names, and indication as to which are to be
retained, removed, and relocated, or replaced.
20. Location of existing utility lines on or adjacent to the property to be indicated on the
site plan, in addition to being shown on the survey. Also, location of existing fire
hydrants on or adjacent to the site.
21. Location of additional fire hydrants, to meet standards set forth in Article X, Section
16 of the Subdivision and Platting Regulations.
22. Fire flow calculations justifying line size for both on/off site water lines.
23. Sealed engineering drawings for proposed utilities, as per City specifications.
24. Information regarding form of ownership (condominium, fee simple, lease, etc.).
25. Location and orientation of garbage cans or dumpster facilities. All garbage
dumpsters must be so located to provide direct access for the City front-endloaders,
and the dumpster area must be provided with adequate width and height clearance.
The site must be so designed to eliminate the necessity for the front-end loader to back
into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot
(1 A' x 10') concrete slab shall be provided. All dumpsters must be screened and
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landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A
minimum 10-foot wide opening is required for dumpster enclosures.
26. A parking lot design and construction plan showing conformance to the City Parking
Lot Regulations, and including the following information. Any exceptions to the
Parking Lot Regulations that are proposed for that are continued will require an
application for variance to the Parking Lot Regulations.
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car stops, and double striping.
c. A cross-section of materials to be used in the construction of the parking lot.
d. A lighting plan for the building exterior and site, including exterior security lighting,
and lighting for driveways and parking lots; to include the location of lighting
standards, direction of lighting, fixture types, lamp types and sizes, and average
illumination level( s) in foot candles.
e. Information showing conformance with the City Street and Sidewalk Ordinance,
including construction of sidewalks along adjacent public streets.
f. Location of existing and proposed public and private streets, including ultimate
rights-of-way.
g. On-site traffic plan, including arrows and other pavement markings, traffic signs,
and stop signs at exits.
h. Location of handicap parking spaces, plus signs and access ramps, consistent with
the State Handicap Code.
1. A drainage plan for the entire site, including parking area; to include finish grade
and pavement elevations, drainage calculations, and details of the drainage
system. If the total impervious area on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations must be prepared by an engineer
registered in the State of Florida, and must be sealed. Percolation tests must by
provided with drainage calculations.
J. Existing elevations on adjacent properties, and on adjacent rights-of-way.
27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands
(Environmentally Impact Study) must be submitted to the Palm Beach County
Department of Environmental Resources Management (copy to City) prior to or
concurrent with the submittal ofthe site plan to the City.
28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with
the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of
the analysis shall be submitted with all conditional use applications.
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NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of
the site plan application.
29. In addition to the above requirements, the following items shall be submitted to the
Planning and Zoning Division no later than the site plan deadline:
a. One copy of colored elevations, not mounted, for all buildings and signage to be
constructed on site. These elevations must be of all sides of each type of building
and signage proposed and the colors proposed must be accompanied by a numerical
code from an established chart of colors.
b. Elevations must also include information related to building materials. All
elevations must be submitted on 24" x 36" drawings. Buildings constructed will be
inspected on the basis of the elevations submitted to the City and approved by the
City Commission. Failure to construct buildings consistent with elevations
submitted will result in the Certificate of Occupancy being withheld.
c. A transparency of the site plan (maximum size of 8-112" x II ") or 8-112" x II"
reductions of submitted plans to be used at public hearings. However, the Planning
and Zoning Division will not be responsible for poor quality transparencies which
result from the submission of poor quality site plan blueprints, and poor quality
transparencies will not be presented to the Planning and Development Board or CRA
and City Commission.
d. Colored photographs of surrounding buildings (minimum size 8" x 10") in digital
format (JPEG).
30. Any other engineering andlor technical data, as may be required by the Technical
Review Committee to determine compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the Technical Review Committee, if such information
is deemed to be non-essential by the Committee.
IV SITE DATA
The following information must be filled out below and must appear, where applicable, on all
copies of the site plan.
1. Land Use Catet!Orv shown on the Comprehensive Plan Future Land Use Map:
L7<C- -~ ~ f~
2.
Zonine: District
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3. Area of Site
4. Land Use - Acreal!e Breakdown:
a. Residential, including
site surrounding lot area or grounds
acres
%of
b. Recreation Areas * (excluding water area)
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres % of site
acres 100% of site
c. Water Area
d. Commercial
e. Industrial
f. Public/Institutional
g. Public, Private, and Canal Rights-of-Way
h. Other (specify)
1. Total area of Site
Including open space suitable for outdoor recreation. and having a minimum dimension of 50
ft. by 50 ft.
5. Surface Cover
a. Ground Floor Building
("building footprint")
sq. ft.
% of site Area
b. Water Area
sq. ft.
% of site
c. Other Impervious Areas, including paved area of public & private streets, paved area of
parking lots and driveways (excluding landscaped areas )and sidewalks, patios, decks, and
athletic courts sq. ft. % _of site.
d.
Total Impervious Area
sq. ft.
% of site
e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec.
7.5- 35(g) of Landscape Code). sq. ft % of site
f.
Other Landscaped Areas, excluding Water Area
8
sq. ft.
% of site
g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding
Water Areas sq. ft. % of site
h. Total Pervious Areas
l. Total Area of Site
6. Floor Area
a. Residential
b. Commercial/Office /JOO
c. IndustrialIW arehouse
d. Recreational
e. PubliclInstitutional
f. Other (specify)
g. Other (specify)
h. Total Floor Area
7. Number of Residential Dwelling Units
sq. ft.
% of site
sq. ft. 100% of site
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
a.
Single-Family Residential
dwelling units
b.
Duplex
dwelling units
c. Multi-family (3 + attached dwelling units
I) Efficiency
dwelling units
2) I Bedroom
dwelling units
3) 2 Bedroom
dwelling units
4) 3+ Bedroom
dwelling units
d.
Total Multi-Family
dwelling units
e. Total Number of Dwelling Units
8.
Gross Densitv
dwelling units per acre
9.
Maximum Heil!ht of Structures on Site
9
feet
stories
10. Reauired Off-Street Parkin!!
Calculation of Required Parking Spaces I 5po.c.e. per 100 ~ f'f = @
Off-Street Parking Spaces
Number of Off-Street Parking Spaces
Provided on Site Plan
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 plans, specifications, drawings, engineering and other data which may be
approved by the City of Boynton Beach, or its boards, commissions, staff or designees 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 agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable
codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant
shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability
or any action which may arise due to their enforcement of the same.
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NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste,
recreation, park, and road facilities) would be available to serve the project, consistent with the levels of
service which are adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements which, in and by themselves,
would create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the
demand for any public facility.
Any other application which, in and by itself, would establish the density or intensity of use of
land, or a maximum density or intensity of use of land.
*
Applications for development orders and permits submitted after February 1. 1990 and which
generate more than 500 net vehicle trips per day. must comply with the Palm Beach County
Traffic Performance Standards Ordinance. unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency
Management Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and
either the final plat or the preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990, and the use of the property is
consistent with the general use which was intended for the property at the time of platting.
Applications for the development of property which was platted prior to January 13, 1978, the area
ofthe platted lots does not exceed 2 acres, and the proposed use would not generate more than 500
net vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior
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to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional
Impact, and which are consistent with the approved DR!.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach
county Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not
increase the demand for any public facility.
Please be advised that these exemption rules are tentative and will be subject to final approval by
the City Commission. If you have any questions concerning the proposed Boynton Beach
Concurrency Management Ordinance, please contact the Boynton Beach Planning Division at
(561) 742-6260)
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Section 11.2.
Conditional uses.
A. SCOPE. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures,
requirements, and standards set out in this section shall apply.
B. DEFINITION. A conditional use is a use that would not be appropriate generally, or without restriction,
throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to
the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals,
prosperity, and safety of the city. Such uses may be allowed in a zoning classification or district as a conditional use if
specific provision for such a conditional use is made in these zoning regulations.
C. PROCEDURES. Any person, firm or corporation owning property within the City of Boynton Beach, desiring to
obtain a conditional use, shall proceed in the following manner:
1. The owner shall submit an application to the planning director, on forms prescribed by the director. Designation
of a person other than the owner to sign the application shall be in writing and attached to the application. Each application
shall be accompanied by a fee as adopted by resolution of the City Commission payable to the City of Boynton Beach,
Florida.
2. The planning director shall then refer the application to the Planning and Development board for a public
hearing in accordance with the following:
a. The owners of all property located four hundred (400) feet surrounding the subject parcel shall be notified.
b. The ownership of all the surrounding properties as submitted by the applicant, shall be reviewed by the City
Clerk per City Ordinance 04-007. Mailing shall be at least ten (10) days in advance of the public hearing so that owners
may be represented in person, or by proxy. For notification purposes, the owners of property shall be those recorded on the
latest official county tax rolls.
c. Notice of the public hearing shall also be advertised in a newspaper published in this city at least ten (10) days in
advance of the hearing.
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3. After holding a public hearing and reviewing the application, the Planning and Development board, subject to
the standards of subsection D below, may approve (with or without conditions and safeguards) specifying a time limit
within which the conditional use must be developed, or it may deny the conditional use. A written report of the board's
findings shall be forwarded to the City Commission.
4. Upon receipt of any report and recommendation, the City Commission at a regular meeting shall review the
application, and subject to the standards of subsection D below, may approve (with or without conditions and safeguards)
specifying a time limit within which the conditional use must be developed, or it may deny the conditional use.
5. After receiving approval from City Commission, the applicant may proceed to furnish the necessary information
to the development department for obtaining building permits. The development department shall not issue a building
permit unless such permit conforms in every respect to the conditional use as approved by City Commission.
~ D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City
Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in
connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of
such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space
and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare,
or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for
conditional use, the board and commission shall consider the effect of the proposed use on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provision has been made concerning the
following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to
automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
2. Off-street parking and loading areas where required, with particular attention to the items in subsection D.l.
above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and
the city as a whole.
3. Refuse and service areas, with particular reference to the items in subsection D.l. and D.2. above.
4. Utilities, with reference to locations, availability, and compatibility.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility
and harmony with adjacent and nearby properties.
7. Required setbacks and other open spaces.
8. General compatibility with adjacent properties, and other property in the zoning district.
9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
II. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City
of Boynton Beach Land Development Regulations.
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12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards,
Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section
15.8 of the Boynton Beach Code of Ordinances.
13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall
include the following analysis:
a. Data on the sound emitting deviceslequipment and the methods and materials to be used to assure that the
acoustic level of the City Code will be met.
b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound
emitting devicesl equipment.
c. The analysis of any sound retention, reduction or reflection shall include information such as the nature,
types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings,
walls, windows, and floors and insulation to be used.
d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering
and exiting the establishment.
E. TIME LIMITATION; EXTENSION OF CONDITIONAL USES.
I. When the City Commission approves a conditional use, it shall establish a time limit within which a conditional
use may be developed. In the event that the conditional use is not developed within said time limitation, it shall expire
unless improvements representing twenty-five (25) percent of the total cost of all improvements to be used in developing a
conditional use have been constructed on the property.
2. The City Commission may extend a conditional use approval in accordance with the standards set forth herein.
If the City Commission does grant approval for an extension of a conditional use, it shall also set a time period for such
extension, and in the event that development has not progressed to the extent specified in subsection E.!. above at the
expiration of the time period, then the extension shall be deemed to have expired. However, an applicant may apply for
more than one (I) extension ofa conditional use.
a. An application for an extension of a conditional use shall be submitted to the planning director on forms
prescribed by the director not less than forty-five (45) days prior to its expiration. Each application for extension shall be
accompanied by a fee as adopted by resolution of the City Commission, payable to the City of Boynton Beach, Florida.
The planning director, upon receipt of a properly completed application, shall forward the same to the planning and
development board which shall make a recommendation to the City Commission to either approve or deny the extension
request. If the recommendation of the planning and development board is for approval, it shall also recommend a time
period for the extension.
b. In evaluating applications for extensions, the City Commission and planning and development board shall
use the following standards:
(1) Where there are substantial physical improvements on the land. Development approval for any extension
is granted by the city only to enable an applicant to complete development and construction of a project as opposed to
permitting a land speculator to retain an approval to more readily sell the land. Thus, consideration shall be given to
applicant's genuine desire to physically develop the land involved as evidenced by his diligence and good faith efforts to
actually commence and complete construction of the project for which original approval was granted. In determining good
faith, some factors to be considered are: The extent to which construction has commenced, when construction has occurred
(construction which is commenced immediately preceding expiration generally indicating a lack of good faith), and the
extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of
the applicant, it was not possible to meet the time limitation referred to in subsection E.l. above.
(2) When the land has not been substantially physically improved or the applicant has not met the standards
of E.2.b.(1) above. The application shall be evaluated in accordance with the criteria set forth in Section 11.2D. which
18
relates to an original application to be considered under this subsection, the planning director may require the submission of
such additional and current information as he may deem appropriate to evaluate the application. The additional and current
information requested shall be of the same type as is required under Section 11.2F. for an original conditional use
application.
(3) When a conditional use expires and no extension has been approved. Any building permits outstanding
with reference to such conditional use shall also expire, unless as to a particular permit, construction has commenced as
defined in Chapter 5 of this Code.
(Ord. No. 01-09, S 2, 2-6-01).
Rev. 10/16101, 10/07/04
S:\planning\SHARED\WP\FORMS\APPLlCATIONS\COUS\Revised Conditional Use app-lO-7-04.doc
19
iF D. Standards for Evaluating Conditional Use
I.) The shopping center is pre-existing and will not require and change to existing
ingress and egress to the property.
2.) The shopping center has pre-existing parking and loading areas and will not
require any additions or changes.
3.) There is an existing dumpster and trash collection to be used by all tenants.
4.) No additions are necessary with regards to utilities.
5.) There will be no change in the existing landscaping of the shopping center.
6.) An exterior sign will be hung on the fascia of the building and will be to code of
the City of Boynton Beach and to the regulations of the shopping center.
7.) There will be no changes made to required setbacks and other open spaces.
8.) Compatibility with adjacent properties and other properties in the zoning area
will not be affected.
9.) No changes will be made to the exterior of the building, with exception to the
sign to be hung on the exterior fascia.
10.) There will not be a drastic change in the economy due to the addition of Jerry's
Cigar Lounge.
11.) The project will conform to all standards and requirements set forth in Chapter 4
of the City of Boynton Beach Land Development Regulations. The building is pre-
existing.
12.) All activities will remain inside the store with no overflow of noise or people.
13.) There will be no live bands, external sound systems or seating or disturbing
sound within the establishment.
TENANT/LANDLORD VERIFICATION
I, the undersigned property owner, owner's agent, property manager, or landlord
of the property located at
:3301 W &ynton 5ea.c~ live{ Sk-5 Boynton Beach,
Florida, zip code _133lf~ ' do hereby confirm that the business known as, or
the party named ,-;i: frY',') C'8 a. , Lou Yi(f I L I.-C has
permission to conduct business at this address upon securing a City of Boynton Beach
Occupational License.
Property Owoer or Owner's ~nt: . ('I /
1'2.\ c 1 \ ()-<. \ '->>L ~ ,\.....:j ~
Date Signature .
f(2 ()fR,~ 1"\. () \ ~ "2..
Printed Name
(' (2... cS -I v)c ~ "\
Title
Party securing tenancy:
Si~\
V ?E,4 ~ S ~ N
0?~
J~ES.
Title
Date
Pri~t~ :':'e 1
S:\Occupational\forms\tenant landlord verification.doc
Certified Copy
1-eerti-fy-the-attaehed-is--a--tme-and-OOffeet-eop-y-of-th~s--of-Grganization-of-----
JERRY'S CIGAR LOUNGE, LLC, a limited liability company organized under the laws
of the state of Florida, filed electronically on October 17,2006, as shown by the records
of this office
I further certify that this is an electronically transmitted certificate authorized by section
15.16, Florida Statutes, and authenticated by the code noted below.
The document number of this limited liability company is L06000101241.
Authentication Code: 061018091616-200080932292#1
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Eighteenth day of October, 2006
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Electronic Articles of Organization
For
Florida Limited Liability Company
Article I
The name of the Limited Liability Company is:
JERRY'S CIGAR LOUNGE, LLC
L06000101241
FILED 8:00 AM
October 17!.. 2006
Sec. Of Stale
Isellers
Article II
~ -~-- ~--TlTe-streehutdress-oftlre-principat-officem1:b.e-timitecl-tiabili:ty-eompany--is:~ --- ~
3301 '-'lEST BOYNTON BEACH BOULEVARD
UNIT 5
BOYNTON BEACH, FL. US 334364642
The mailing address of the Limited Liability Company is:
3301 WEST BOYNTON BEACH BOULEVARD
UNIT 5 -
BOYNTON BEACH, FL. US 334364642
Article III
The purpose for which this Limited Liability Company is organized is:
ANY AND ALL LAWFUL BUSINESS.
Article IV
The name and Florida street address of the registered agent is:
DENNIS D SMITH ESQ.
TRIPP SCOTT, P A
110 SE 6TH STREET, 15TH FLOOR
FORT LAUDERDALE, FL. 33301
Having been named as registered agent and to accept service of process
for the above stated limited liability company at the place designated
in this certificate, I hereby accept the appointment as registered agent
and agree to act in this capacity. I further agree to comply with the
provisions of all statutes relating to the proper and complete performance
of my duties, and I am familiar with and accept the obligations of my
position as registered agent.
Registered Agent Signature: DENNIS D. SMITH, ESQ.
'<
Article V
The name and address of managing members/managers are:
Title: MGRM
JERRY V PEARSON
3301 WEST BOYNTON BEACH BLVD., UNIT 5
BOYNTON BEACH, FL. 334364642 US
Signature of member or an authorized representative of a member
Signature: SAMANTHA B. CARTER, ESQ.
L06000101241
FILED 8:00 AM
October 173..2006
Sec. Of State
Isellers
paz Plaza. Ine.-2006
ARTICLE
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
TABLE OF CONTENTS
BASIC LEASE PROVISIONS................................
RENT..................................................
CONSTRUCTlON OF lEASED PREMISES.......................
CONDuer OF BUSINESS BY TENANT.........................
SECURI1Y DEPOSIT.... ..... ................. ............
INSTALLATION BY TENANT...... .......... ....... .........
REPAIRS AND MAINTENANCE OF LEASED PREMISES............
INSURANCE AND INDEMNITY......:........................
lJTILIllES............................................ .
ATTORNMENT AND SUBORDINATION..........................
ASSIGNMENT AND SUBLEl11NG.............................
WA5fE, GOVERNMENTAL REGULATIONS.......................
RULES AND REGULATIONS........... ......... .............
SOUCITATION OF BUSINESS..............................
DESTRUCTlON OF lEASED PREMISES........................
EMINENT DOMAIN............... .... .....................
DEFAULT OF TENANT............ ........ ....... .... ......
ACCESS BY LANDLORD............................... ......
TENANT'S PROPERTY... ........ .... ......................
HOLDING OVER SUCCESORS...................... ..........
QUIET ENJOyMENT.... .... ...... .............. ....... ....
MISCELLANEOUS........................................ .
GUARANTY
PAGE
4
5
6
7
~
9
10
11
13
14
14
1b
17
18
18
18
19
21
22
23
23
23
EXHIBITS
"A" BUILDING PLAN
"B" LEGAL DESCRIPTION
"C" DESCRIPTION OF LANDLORD'S WORK
"D" RULES AND REGULATIONS FOR TENANT'S CONSTRUCTlON
"E" HEATING AND AIR CONDmONING MAINTENANCE PROVISION
"F' RULES AND REGULATIONS OF PAZ PlAZA
"G" SIGN CRITERIA
"H" TENANT'S WORK
I
~&r
J<~/
paz Plaza. Ine.-2UU6
LEASE AGREEMENT
THIS LEASE, made as of the 15th day of November, 2006, by PAZ PlAZA, INC. herein
called "Landlord" and Jerry's Cigar Lounge, LLC, a Florida Corporation herein called
"T enant" .
LEASE SUMMARY
a) Landlord's Mailing Address P.O. BOX 7240
Delray Beach, FLORIDA, 33482
b) Tenant Suites No.: 5 (five)
c) Tenant's Lease Address: 3301 W Boynton Beach Boulevard
Boynton Beach, FI, 33346
d) Tenant's Billing Address 3301 W. Boynton Beach Boulevard
Boynton Beach, FI. 33346
e) Tenant's Telephone No.: Home 954-523-8012
Business
f) Tenant's Name Jerry's Cigar Lounge, LLC
g) State of Incorporation Florida
h) Tenant's Trade Name:
i) Resident Manager
j) Guarantor's Name Kaye A. Pearson
k) Lease Commencement Date: December 1, 2006
I) Lease Expiration Date: November 30, 2009
m) Remarks: One three year option to renew at mutually agreeable conditions and
terms
n) GLA in Premises: 1,200 sq. ft. +/-
0) Security Deposit: $4,456.00
p) Advance rent (first month) $2,750.00
q) Minimum Rent:
Term Monthly Annual Per sq. Ft
YEAR 1 $ 2,100.00 $ 25,200.00 $21.00
YEAR 2 $ 2,163.00 $ 25,956.00 $21.63
YEAR 3 $ 2,228.00 $ 26,736.00 $22.28
r) Permitted use: High End Cigar Shop (sale of cigarettes not allowed).
2
~~
14/
"
paz Plaza, Ine.-20G6
s) ESTIMATED Monthly Expenses (2006):
$2100.00
Base Rent:
Paz Plaza Operating Costs:
482.00
167.83
Sales Tax:
Monthly Total
$2,749.83
THE INFORMATION SET FORTH IN THIS SEmON (5) HAS BEEN ESTIMATED BASED ON LANDLORD'S
GOOD FAITH ATTEMPT TO CALCULATE SUCH SUMS FOR DISCLOSURE PURPOSES ONLY. THE LANDLORD
DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION AND DOES NOT WARRANT
OR REPRESENT TO TENANT THAT ANY ESTIMATE IS ACCURATE. THE TENANT SHOULD ENGAGE AND
RELY ONLY UPON INDEPENDENT REAL ESTATE PROFESSIONALS EMPLOYED BY TENANT TO ASCERTAIN
THE ACCURACY OF THESE ESTIMATES.
t) Remarks: Tenant will get three months of free base rent. This Lease was brokered by
Mike Ball Of Coldwell Banker Commercial NRT.
THE FOREGOING LEASE SUMMARY IS AN
INTEGRAL PART OF THIS LEASE AGREEMENT
3
SEmON 1.01 Leased Premises.
In consideration of the rents, covenants and agreements hereafter I ~"5erved and contained on the
part of the Tenant to be observed and performed, the Landlord demises and leases to the Tenant, and
Tenant rents from Landlord those certain premises now existing or hereafter to be erected in PAZ PLAZA
which premises is identified as Suite No 5 (five) containing an area of 1,200 square feet (which area
shalt be established in accordance with the criteria set forth in Section 1.09, herein called the "Leased
Premises". The boundaries and location of the Leased Premises are outlined and identified on the Building
Plan marked Exhibit "Au attached hereto and made a part hereof. Dimensions for all purposes shall be
measured in accordance with the criteria set forth in Section 1.09 from the centerline of interior walls or from
the exterior face of exterior walls. The Leased Premises are located in PAZ PLAZA on the real property
described in Exhibit "B" attached hereto and made a part hereof. The boundaries of the PAZ PLAZA are
identified on Exhibit "One", the site plan of PAZ PLAZA, attached hereto and made a part hereof.
SECITON 1.02 Use of Additional Areas.
The use and occupation by the Tenant of the Leased Premises shall include the non-exclusive use
in common with others entitled thereto of the common areas, parking areas, sidewalks and as such
common areas now exist or as such common areas may hereafter be constructed upon or within the real
property described in Exhibit "B", and other facilities as may be designated from time to time by the
Landlord, subject however to the terms and conditions of this Lease and to rules and regulations for
the use thereof as prescribed from time to time by the Landlord.
SECTION 1.03 Commencement and Length of Term.
The term of this Lease shall commence on the date set forth in Section (k) of the Lease Summary,
and shall continue until the expiration date as set forth in Section (I) of the Lease Summary.
SECTION 1.04 Commencement of Rent.
The Tenant's obligation to pay base rent shall commence on March 1, 2007, or three months from
the date Tenant takes possession of the Leased Premises for the purpose of construction of Tenant
improvements or three months from the issuance of a Certificate of Completion for the Landlord's work.
Should the term of this Lease and the Tenant's obligation to pay rent commence on a day other than the first
day of a month, then the term of this Lease shall continue in full force and effect for the period from the
commencement date hereof to the first day of the calendar month next succeeding, plus the period of the
term set forth in Section 1.03 hereof; provided, however, that the Tenant shall pay rent for the fractional
month (from the Commencement Date to and including the last day of the fractional month) on a per diem
basis (the per diem being calculated on the basis of a thirty day month) and the rent for the fractional month
shall be payable on the commencement date and thereafter the fixed minimum rent shall be paid in equal
monthly installments on the first day each and every month in advance. All other monthly payments
hereunder shall likewise be calculated and paid on such per diem basis for any fractional month.
SECf10N 1.05 Failure of Tenant to Upen
In the event that the Tenant has received notice that the Leased Premises are ready for occupancy
as herein defined and Tenant fails to take possession and to open the Leased Premises for business fully
fixtured, stocked and staffed and fail to commence to do business within the time herein provided, then the
Tenant shall be in default hereunder and the Landlord shall have the right to enforce all remedies of default
as provided in this Lease.
SECTION 1.06 Excuse of Landlord's Performance.
Anything in this Lease to the contrary notwithstanding, the Landlord shall not be deemed in default
with respect to failure to perform any of the terms, covenants and conditions of this Lease if same shall be
due to rainstorm, hurricane, or other weather phenomenon, any strike, lockout, civil commotion, warlike
operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations
or controls, inability to obtain any material, service or financing, through Act of God or other causes beyond
the control of the Landlord.
SECTION 1.07 Obligations of Tenant Before Lease Term Begms.
Tenant shall observe and perform all of its obligations under this Lease (except its obligations to operate and
to pay Fixed Minimum Rent, its pro rata share of PA.Z PLAZA'S Operating Costs provided for in Section 2.04,
4
---
paz Plaza. Ine.-2006
and its pro rata share of real estate taxes as provided for in Section 2.04) from the date upon which the
Leased Premises are delivered to Tenant for its work until the Commencement Date of the Lease Term in the
same manner as though the Lease Term began when the Leased Premises were delivered to Tenant.
SECTION 1.08 Obligations of Landlord Before Leased Premises Become Vacant.
If this Lease is executed before the Leased Premises become vacant, or if any present Tenant or
occupant of the Leased Premises holds over, and Landlord cannot acquire possession of the Leased Premises
prior to the Commencement Date of this Lease, Landlord shall not be deemed to be in default hereunder, and
Tenant agrees to accept possession of the Leased Premises at such time as Landlord is able to tender the
same; provided, however, Tenant shall not be obligated hereunder unless Landlord is able to deliver the
Leased Premises within ninety (90) days of the Commencement Date.
SEmON 1.09
Rentable Area.
The square feet in a leased premises shall be computed by measuring from the exterior building walls
and from the inner surface of corridor and other permanent partitions and to the center of partitions that
separate the premises from adjoining rentable areas. No deduction shall be made for vestibules inside the
building line or from columns or projections necessary to the building.
ARTICLE II
Rent
SEmON 2.01 Fixed Minimum Annual Rent.
(a) Tenant agrees to pay Landlord, subject, however to adjustment (if any) as herein provided, as
fixed minimum annual rent (Base Rent) the sum or sums set forth in Section (q) of the Lease Summary
(hereinafter referred to as "Fixed Minimum Annual Rent"). The Fixed Minimum Annual Rent during the term
of this Lease shall be payable by the Tenant in equal monthly installments, on or before the first day
of each month in advance, at the office of the Landlord as set forth in Section (a) of the Lease Summary,
or at such other place designated by Landlord, without notice or demand, and without any deduction,
counterclaim, or set-off whatsoever.
(b) In the event that at any time any personal or corporate check of Tenant should be returned
marked "insufficient funds" or should not be promptly paid by the Tenant's bank for any other reason,
Landlord may, without prejudice to any other right or remedy accruing to Landlord under this Lease require
that all future rental payments are to be made on or before the due date by cash, cashier's check or money
order.
SECTION 2.02 Sales or Use Tax or Excise Tax.
Tenant shall also pay, as additional rent, all sales or use or excise tax imposed, levied or assessed
against the rent or any other charge or payment required herein by any governmental authority having
jurisdiction thereover, even though the taxing statute or ordinance may purport to impose such sales tax
against the Landlord. The payment of sales tax shall be made by Tenant on a monthly basis, concurrently
with payment of the fixed minimum annual rent.
SECTION 2.03
Control of Common Areas by Landlord.
All areas within the exterior boundaries of PAZ PLAZA which are now or hereafter used by other
persons entitled to occupy floor space in PAZ PLAZA, including, without limitation, all automobile parking
areas, driveways, entrance and exits thereto, and other facilities furnished by Landlord in PAZ PLAZA, and
other areas and improvements provided by Landlord for the general use, in common, of tenants, their
officers, agents, employees and customers, ("Common Areas"), shall at all times be subject to the exclusive
control and management of Landlord, and Landlord shall have the right, but not the obligation, to
construct, maintain and operate lighting facilities on all said areas and improvements, to police the same,
from time to time to change the area, level, location and arrangement of parking areas and other facilities
herein above referred to; to restrict parking by tenants, their officers, agents and employees to
employee parking areas, to require tenants, their officers, agents and employees to provide vehicle license
numbers and to use parking decals or other reasonable parking identification procedures. Landlord shall have
the right to close all or any portion of said areas or facilities to such extent as may, in the opinion of
Landlord's counsel, be legally sufficient to prevent a dedication thereof or the accrual of any rights to any
person or the public therein, to close temporarily all or any portion of the parking areas or facilities, to
discourage non-customer parking; and to do and perform such other acts in and to said areas and
improvements as, in the use of good business judgment, the Landlord shall determine to be advisable with
a view to the improvement of the convenience and use thereof by tenants, their officers, agents, employees
and customers. Landlord shall keep said Common Areas clean and in good repair and available for the
purposes for which they are intended. Landlord shall have the full right and authority to employ all
5
personnel and to make all rules and regulations pertaining to and necessary for tile pmoer 8L"::r dUUII 0\1'-'
maintenance of the Common p."-,s and facilities.
SECTION 2.04
Tenant to Bear Pro Rata Share of PAZ PLAZA Operating Costs.
(a) In each Lease Year or partial Lease Year, as defined herein, Tenant will pay to Landlord, in
addition to the rental specified in Article II hereof, as further additional rent, a proportion of the PAZ PLAZA
Operating Costs, as hereinafter defined. The total of the Paz Plaza operating costs for the calendar year will
be divided by 14,400 square feet (the total square feet of the Plaza) to arrive at the total Paz Plaza Operating
Costs in dollars per square foot. The proportional cost described above shall be calculated by multiplying the
total Paz Plaza Operating Costs in dollars per square foot by the aggregate number of square feet contained
in the Leased Premises (such square footage calculations to be made in accordance with Section 1.09).
Such payments shall be made as provided under Section (s) of the Lease Summary and thereafter, shall
continue as provided under Section 2.05(c). "Lease Year" as used herein shall mean consecutive twelve-
month periods commencing on each January 1st during the term of this Lease. In the event that the term of
this Lease commences on a date other than January 1st, or expires on a date other than December 31st, the
first and last years shall be partial lease years and in such case the first partial lease year shall commence on
the date of the commencement of the term of this Lease and expire on December 31st next following and the
last partial lease year shall commence on the last January 1st occurring during the term of this Lease and
shall expire on the expiration date of this Lease.
(b) "PAZ PLAZA Operating Costs" as used herein means the total cost and expense incurred in
operating, maintaining and repairing the building, facilities and Common Areas identified in Exhibit One
attached hereto, together with improvements and common facilities, used or available for use by
Tenant and employees, agents, servants, customers and other invitees of Tenant, excluding only items
of expense commonly known and designated as debt service. The PAZ PLAZA Operating Costs shall
specifically include, without limitation the cost and expense incurred in operating, maintaining, repairing and
providing (i) property management, (ii) gardening, landscaping and irrigation, (iii) line painting and parking
facilities maintenance, (iv) all utility facilities and utility expenses and charges for the common areas, (v)
all common areas and common facilities maintenance, (vi) sanitary control, removal of trash, rubbish,
garbage and other refuse from the common areas but not from any Leased Premises, (vii) depreciation on
machinery and equipment owned by Landlord or the rental charges for such machinery and equipment, and
the cost of personnel to implement such services, (viii) personnel to direct parking and to police the common
facilities, including watchmen and security personnel, including payroll and applicable payroll taxes,
worker's compensation insurance and fringe benefits, (ix) Landlord's insurance premiums on or in respect of
PAZ PLAZA, including, but not limited to public liability, property damage all risk perils, rent and flood
insurance, if carried by Landlord, (x) all ad valorem and real estate taxes and special assessments for public
betterments or improvements levied or assessed by any lawful authority against the land, building and all
other improvements and betterments which are now or which hereafter become a part of PAZ PLAZA, and
(xi) personnel to maintain, repair and operate PAl PLAZA.
(c) On or about December of every year Landlord shall estimate the PAZ PLAZA Operating Costs in
advance for the next calendar year, and Tenant shall pay one-twelfth (1/12) of the collective sum thereof (as
provided for in subparagraph (a) above) monthly in advance, together with the monthly payments of
Minimum Annual Rent. At the end of each Lease year, if requested by Tenant or Landlord, Landlord will
furnish Tenant with a statement of the actual Paz Plaza Operating Costs and there maybe an adjustment
between Landlord and Tenant, with payment to or by Landlord, as the case may require, to the end that
Landlord shall receive the entire amount of Tenant's annual share of the Paz Plaza Operating Costs for such
period, or at Landlord's option, any overpayment by Tenant will be credited on account of the next
succeeding payment by Tenant of such collective operating costs.
SECTION 2.05
Additional Rent.
In order to give Landlord a lien of equal priority with Landlord's lien for rent, and for no other
purpose, any and all sums of money or charges required to be paid by Tenant under this Lease, whether or
not the same be so designated, shall be considered "Additional Rent". If such amounts or charges are not
paid at the time provided in this Lease, they shall nevertheless, if not paid when due, be collectible as
Additional Rent with the next installment of rent thereafter falling due hereunder, but nothing herein
contained shall be deemed to suspend or delay the payment of any amount of money or charges as the same
becomes due and payable hereunder, or limit any other remedy of the Landlord.
ARTICLE III
Leased Premises
SECTION 3.01 Tenant's Work.
(a) If applicable Tenant agrees, at its own cost and expense, to perform a work, more particularly
described in Exhibit "e" annexed hereto, and on the outline plans and specifications to be
6
paz Plaza, Inc.-2006
provided by Landlord, which is necessary to make the Leased Premises conform with Tenant's
plans to be approved by Landlord.
(b) All tenant improvements and any other work performed by Tenant within the Leased Premises
shall be accomplished and completed in accordance with the Rules and Regulations for
Tenant Construction Work set forth in Exhibit "0" attached hereto and made a part hereof.
Within thirty (30) days after the execution of this Lease, Tenant shall furnish Landlord, in
advance of Tenant's commencement of work, for Landlord's written approval, plans and
specifications showing a layout, fixturing plans, interior finish, and any work or equipment to
be done or installed by Tenant affecting any structural, mechanical or electrical part of the
Leased Premises or the building containing same. Landlord agrees it will not unreasonably
withhold such approval, it being the purpose of this requirement that Tenant's Leased Premises
be fixtured and laid out so as not to be a detriment to the other tenants in PAZ PLAZA and
that Tenant's work shall not be detrimental to PAZ PLAZA.
SECTION 3.02
Acceptance by Tenant.
(a) If Landlord's work has been completed at the time this Lease is executed, Tenant certifies that
it has inspected the Leased Premises and accepts same in its existing condition; in such event no repair work,
alterations or remodeling of the Leased Premises shall be required to be done by Landlord as a condition of
this Lease or otherwise.
(b) If Landlord's work is not completed when this Lease is executed, Tenant agrees that acceptance
by Tenant of possession of the Leased Premises for the purpose of construction of Tenant improvements or
the issuance of a Certificate of Completion for the Landlord's work will be deemed as an acceptance of the
Leased Premises in its then existing condition.
SECTION 3.03
Changes and Additions to Building.
Landlord hereby reserves the right at any time to perform maintenance operations and to make
repairs, alterations, or additions, in which the premises are contained and to build adjoining or annexed to
any existing building. Landlord hereby reserves for Landlord's exclusive use (i) all air space above or
surrounding the Leased Premises, (Ii) view rights and window vistas above or surrounding the Leased
Premises, and (iii) landscaping and excavation of the improvements and common facilities in PAZ
PLAZA. Tenant agrees to cooperate with Landlord permitting Landlord to accomplish any such
maintenance, repairs, alterations, additions or construction. Temporary or partial obstruction of access to
the Leased Premises or improvements and common facilities of PAZ PLAZA caused by such construction
shall not be a default of Landlord.
SECTION 3.04 Landlord's Approval.
No work shall be undertaken as set forth in this Article III without the prior written approval by
Landlord of all fixtures and equipment to be installed by Tenant. Landlord's approval shall not be
unreasonably withheld. Tenant's installation of fixtures and equipment shall be undertaken in such manner
so as not interfere with Landlord's construction or operation of PAZ PLAZA, nor interfere with other tenants in
PAZ PLAZA.
SECTION 3.05
Reconstruction, Alterations, Remodeling or Other Improvements.
The provisions of this Article III and of Exhibits "C" and "D", attached hereto, shall apply to all
reconstruction, alterations, remodeling or other improvements of the Leased Premises undertaken by
Tenant at any time.
ARTICLE IV
Conduct of Business by Tenant
SECTION 4.01
Use of PremIses.
Tenant shall use the Leased Premises solely for the purpose of conducting business as provided in
Section (r) of the Lease Summary and for no other purpose.
SECTION 4.02
Occupancy of Premises.
Tenant shall occupy the Leased Premises without delay upon commencement of the term of this Lease,
and shall conduct continuously in the Leased Premises the business above stated. Tenant will not use or
permit, or suffer the use of the Leased Premises for any business or purpose other than that stated above,
and further agrees to conduct its business in the premises under the name or trade name as set forth in
Section (f) or (h) of the Lease Summary and under no other name or trade name except such as may be
first approved by Landlord in writing. The terms, conditions and rental conditions of this Lease have
7
paz Plaza, Inc.-2006
been negotiated by the Landlord in reliance upon the specific permitted use of the Tenant and the
terms of this Lease would be reconsidered by Landlord if another use of the Leased Premises were
contemplated by the Tenant.
SEmON 4.03 Acceptance of Premises.
If the Leased Premises is within a building which has been completed at the time of the execution
of this Lease by the Landlord and the Tenant, Tenant acknowledges that Tenant has inspected the Leased
Premises, is fully familiar with the condition of the Leased Premises and accepts the Leased Premises
absolutely "as is". Landlord is to perform no work in readying the Leased Premises for occupancy by the
Tenant, except as provided in Exhibit C.
SEC110N 4.04
Use in Compliance With Regulations.
Tenant shall not at any time use or occupy the Leased Premises or PAZ PLAZA, or suffer or permit
anyone to use or occupy the Leased Premises, or do anything in the Leased Premises or PAZ PLAZA, or
suffer or permit anything to be done in, brought into or kept on the Leased Premises, which in any manner in
the sole discretion of Landlord (a) violates the Certificate of Occupancy for the Leased Premises or for PAZ
PLAZA, (b) causes or is liable to cause injury to the Leased Premises or PAZ PLAZA or any equipment,
facilities or systems therein, (c) constitutes a violation of the laws and requirements of any public
authorities, including but not limited to any and all zoning and land use regulations, or the requirements of
insurance bodies, (d) impairs or tends to impair the character, reputation or appearance of PAZ PLAZA, (e)
impairs or tends to impair the proper and economic maintenance, operation and repair of PAZ PlAZA and/or
its equipment, common facilities or systems, (f) annoys or inconveniences or tends to annoy or
inconvenience other tenants or occupants of PAZ PlAZA, (g) constitutes a nuisance, public or private, or
violates any environmental law, ordinance or regulation, or (h) discharges objectionable fumes, vapors or
odors into the building vents or otherwise in such a manner as to offend or inconvenience the other tenants
or occupants of PAZ PLAZA. Landlord makes no representations or warranties whatsoever as to whether
the Tenant's intended or actual use of the Leased Premises will constitute a violation of any laws or
requirements of any public authorities, including but not limited to any and all zoning and land use
regulations,
ARTICLE V
Security Deposit
SEmON 5.01
Amount of Deposit.
(a) Prior to Landlord's execution of this Lease, Tenant shall deposit with the Landlord the sum
indicated in Section (0) of the Lease Summary, and if by check, is subject to collection. Said deposit shall be
held by Landlord, without liability for interest, and may be commingled with other funds or Landlord, as
security for the faithful performance by Tenant of all the terms, covenants and conditions of this Lease by
Tenant to be kept and performed during the term hereof.
(b) Tenant's security deposit shall, at all times, be equal to the greater of the amount set forth in
Section (0) or twice the amount of the estimated monthly expenses set forth in section (s) of the Lease
Summary. During the term of this Lease and options thereto, in the event the Leased Premises are expanded
or increased in size, then Tenant will increase the amount of the security deposit set forth in Section (0)
held by Landlord proportionately to the percentage of increase in the area of the Leased Premises and Tenant
shall deposit the difference with Landlord, upon demand.
SEmON 5.02 Use and Return of Deposit.
If at any time during the term of this Lease any of the rent herein reserved shall be overdue and
unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid or in the
event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease
to be kept and performed by Tenant, then Landlord may, at its option (but Landlord shall not be required to)
apply all or any portion of said deposit to the payment of any such overdue rent or other sum or so much
thereof as shall be necessary to compensate the Landlord for all loss or damage sustained or suffered by
Landlord due to the breach of Tenant. Should the entire deposit, or any portion thereof, be applied by
Landlord for the payment of overdue rent or other sums due and payable by Tenant hereunder, then Tenant
shall, upon the written demand of Landlord forthwith remit to Landlord a sufficient amount in cash to restore
said security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of
such demand shall constitute a breach of this Lease. If Tenant shall fully and faithfully perform every
provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned
to Tenant at the expiration of the term of this Lease,
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SECflON 5.03
Transfer of Deposit.
Landlord may deliver the funds deposited hereunder by Tenant to the purchaser or transferee of
Landlord's interest in the Leased Premises, in the event that such interest be sold or transferred, and
thereupon Landlord shall be discharged from any further liability with respect to such deposit.
ARTICLE VI
SECflON 6.01
Installation by Tenant.
(a) All Tenant improvements and fixtures installed by Tenant shall be new. Tenant shall not
make or cause to be made any alterations, additions or improvements or install or cause to be installed any
exterior signs, exterior lighting, plumbing fixtures, shades or awnings or make any changes to the exterior
of PAZ PLAZA without first obtaining Landlord's written approval and consent. Tenant shall present to the
Landlord plans and specifications for such work at the time approval is sought, and simultaneously
demonstrate to Landlord that the proposed alterations comply with local zoning and building codes.
Tenant shall pay to Landlord the reasonable costs of Landlord's architect and engineers to review such plans
on behalf of the Landlord. Tenant shall not commence work on any Tenant improvements until Tenant
has received from Landlord, Landlord's written approval of Tenant's plans and specifications and Tenant shall
have filed in the Public Records of Palm Beach County, Florida a Notice of Commencement executed by the
Tenant in compliance with Florida Statutes 713.
(b) All construction work done by Tenant within the Leased Premises shall be performed in a good
and workmanlike manner, in compliance with all governmental requirements, and in such manner as to
cause a minimum of interference with other construction in progress (if any) and with the transaction of
business in PAZ PLAZA. Without limitation on the generality of the foregoing, Landlord shall have the right to
require that such work be performed during hours when PAZ PLAZA is not open for business, and in
accordance with other rules and regulations which Landlord may, from time to time prescribe. Tenant agrees
to indemnify Landlord against and hold Landlord harmless from any loss, liability or damage, resulting from
such work, and Tenant shall, if requested by Landlord, furnish bond or other security satisfactory to Landlord
against any such loss, liability or damage. Tenant shall be liable to Landlord for any damages resulting
from labor disputes, strikes or demonstrations resulting from Tenant's construction or alteration work with
the employment of non-union workers.
SECflON 6.02
Responsibility of Tenant.
All alterations, decorations, additions and improvements made by the Tenant or made by the
Landlord on the Tenant's behalf by agreement under this Lease, shall remain the property of the Tenant for
the term of this Lease, or any extension or renewal thereof. Such alterations, decorations, additions and
improvements shall not be removed from the premises without prior consent in writing from the Landlord.
Upon expiration of this Lease, or any renewal term thereof, the Landlord shall have the option of requiring
the Tenant to remove all such alterations, decorations, additions and improvements and restore the Leased
Premises as provided in Section 7.02 hereof. If the Tenant fails to remove such alterations, decorations:
additions and improvements and restore the Leased Premises, then such alterations, decorations,
additions and improvements shall become the property of the Landlord and in such event, should Landlord so
elect, Landlord may restore the premises to its original condition for which cost, with allowance for ordinary
wear and tear, Tenant shall be responsible and shall pay promptly upon demand.
SECflON 6.03 Tenant Shall Discharge All Liens.
Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the
estate of the Landlord to liability under the Mechanic's Lien Law of the State of Florida, it being expressly
understood that the Landlord's estate shall not be subject to such liability. Tenant shall strictly comply with
the Mechanic's Lien Law of the State of Florida as set forth in Florida Statutes Section 713. Prior to any
contractor engaged by Tenant to undertake improvements to the Leased Premises, Tenant shall notify the
contractor making any such improvements of the provisions of this paragraph and such notification shall be in
writing to the contractor (with a copy to the Landlord) and such notice shall contain at a minimum a verbatim
recitation of the first two sentences of this Section6.03. In the event that a mechanic's claim of lien is filed
against the property in connection with any work performed by or on behalf of the Tenant, the Tenant shall
satisfy such claim, or shall transfer same to security, within ten (10) days from the date of filing. In the
event that the Tenant fails to satisfy or transfer such claim within said ten (10) day period, the Landlord may
do so and thereafter charge the Tenant, as additional rent, all costs incurred by the Landlord in
connection with satisfaction or transfer of such claim, including attorneys' fees. Further, the Tenant agrees
to indemnify, defend and save the Landlord harmless from and against any damage or loss incurred by
the Landlord as a result of any such mechanics' claim of lien. If so requested by the Landlord, the Tenant
shall execute a short form or memorandum of this Lease, which may, in the Landlord's discretion be recorded
in the Public Records for the purpose of protecting the Landlord's estate from mechanics' claims of lien, as
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provided in Florida Statutes Section 713.10. In the event such short form or memorandum of lease is
executed, the Tenant shall simultaneously execute and deliver to the Landlord an instrument terminating
the Tenant's interest in the real property upon which the Leased Premises are located, which instrument may
be recorded by the Landlord at the expiration of the term of this Lease, or such earlier termination hereof.
Landlord has the right to record the memorandum without execution by Tenant in the event Tenant fails to
execute the memorandum within seven (7) days of request. The security deposit paid by the Tenant may be
used by the Landlord for the satisfaction or transfer of any mechanics' claim of lien, as provided in this
Section. This Section shall survive the termination of the Lease.
SECITON 6.04 Signs, Awnings and Canopies.
(a) Tenant will not place or permit to be placed or maintained on any exterior door, wall or
window of the Leased Premises of PAZ PLAZA any sign, awnings or canopy, or advertising matter or other
thing of any kind, and will not place or maintain any decoration, letter or advertising matter on the glass of
any window or door, nor will any illuminated sign be placed in the window display area of the Leased
Premises without first obtaining Landlord's written approval and consent.
(b) Notwithstanding the provisions of subparagraph (a) above, the Tenant acknowledges that
prior to the installation of any sign or other informational material which may be approved by the Landlord,
the Tenant shall obtain all governmental approvals for the installation of such sign or informational
material from all governmental entities having jurisdiction over the Leased Premises. The approval of the
Landlord of any sign or informational material submitted by the Tenant shall not be deemed an approval by
any governmental entity and the Tenant shall employ or engage professionals selected by the Tenant to
obtain any and all governmental approvals required prior to the installation of such sign or informational
material. Tenant acknowledges and agrees that all signs and informational material must comply with
the ordinances and codes of all governmental entities having jurisdiction over such installation.
SEmON 6.05 Bonds.
Landlord shall have the right to require the Tenant to furnish a performance bond or other security, in form
satisfactory to Landlord, for the prompt and faithful performance by Tenant of all work of Tenant required
hereunder.
ARTICLE Vll
Repairs and Maintenance of Leased Premises
SEmON 7.01 Responsibility of Landlord.
(a) Landlord agrees to repair and maintain in good order and condition the roof, roof drains, outside
walls, foundations and structural portions, both interior and exterior, of the Leased Premises. There is
excepted from the preceding covenant, however, (i) repair or replacement of broken plate or window glass
(except in case of damage by fire or other casualty covered by Landlord's fire and extended coverage poliCY);
(ii) doors, door closure devices, window and door frames, moldings, locks and hardware; (iii) repair of
damage caused directly or indirectly by the negligence of the Tenant, its employees, agents, contractors,
customers, invitees; and (iv) interior repainting and redecoration (v) fire sprinkler fixtures. In no event,
however, shall Landlord be liable for damages or injuries arising from the failure to make said repairs,
nor shall Landlord be liable for damages or injuries arising from the failure to make said repairs, nor shall
Landlord be liable for damages or injuries arising from defective workmanship or materials in making
any such repairs. Tenant waives the provision of any law, now or hereafter in effect or any right under
common law, permitting Tenant to make repairs at Landlord's expense. As to any item which Tenant
believes requires repair and maintenance and which is the responsibility of the Landlord herein, Tenant
shall provide Landlord with written notice of such maintenance and repair items.
(b) Except as hereinabove provided in Subparagraph (a), Landlord shall not be obligated or required
to make any other repairs, and all other portions of the Leased Premises shall be kept in good repair and
condition by Tenant, and at the end of the term of this Lease, Tenant shall deliver the Leased Premises to
Landlord in good repair and condition, reasonable wear and tear and damage from fire and other casualty
excepted.
(c) Neither Landlord nor Landlord's agents or servants shall be liable for any damages caused by
or growing out of any breakage, leakage, getting out of order or defective condition of the electric wiring, air
conditioning or heating pipes or ducts and equipment, closets, plumbing, appliances, sprinklers, other
equipment, or other facilities serving the Leased Premises. Neither Landlord nor Landlord's agents or
servants shall be liable for any damages caused by, or growing out of any defect in PAZ PLAZA or any part
thereof, or in any building attached or adjacent thereto or a part thereof, or in said Leased Premises or a part
thereof, or caused by, or growing out of fire, rain, wind or other cause.
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SECTlON 7.02 Responsibilities of Tenant.
(a) Without limiting the generality of the foregoing Subparagraph 7.01(a), Tenant agrees to
repair and maintain in good order and condition the non-structural interior portions of the Leased Premises,
including the doors, windows, plate and window glass, and floor covering, plumbing, heating, air
conditioning, electrical and sewage system, facilities and appliances. Tenant agrees with respect to the
heating and air conditioning system to comply with the terms of the "Heating and Air Conditioning
Maintenance Provision" which is attached hereto as Exhibit "E" and made a part of the Lease by reference.
(b) Tenant will not install any equipment which exceeds the capacity of the utility lines leading into
the Leased Premises or PAZ PLAZA of which the Leased Premises constitute a portion.
(c) Tenant, its employees, or agents, shall not mark, paint, drill or in any way deface any
walls, ceilings, partitions, floors, wood, stone or ironwork without Landlord's prior approval and written
consent.
(d) Tenant shall comply with the requirements of all laws, orders, ordinances and regulations of
all governmental authorities and will not permit any waste of property or same to be done and will take good
care of the Leased Premises at all times.
(e) If Tenant refuses or neglects to repair properly as required hereunder and to the reasonable
satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such
repairs without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures,
or other property, or to Tenant's business by reason thereof and upon completion thereof, Tenant shall pay
Landlord's cost for making such repairs, plus twenty percent (20%) of such cost for overhead, upon
presentation of the bill therefore, as additional rent. Said bill shall include interest at the rate of fifteen
percent (15%) per annum on said cost from the date of completion of repairs by Landlord until paid by
Tenant. In the event the Landlord shall undertake any maintenance or repair in the course of which it shall
be determined that such maintenance or repair work was made necessary by the negligence or willful act of
Tenant or any of its employees or agents or that the maintenance or repair is, under the terms of this Lease,
the responsibility of Tenant, Tenant shall pay Landlord's costs therefore plus overhead and interest as
above provided in this Section.
(f) At the expiration of the tenancy hereby created, Tenant shall surrender the Leased Premises in
the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease,
reasonable wear and tear excepted, and damage by unavoidable casualty excepted, and shall surrender all
keys for the Leased Premises to Landlord. Tenant shall remove all its trade fixturesl leased equipment and
any alterations or improvements which Landlord requests to be removed before surrendering the premises as
aforesaid and shall repair any damage to the Leased Premises caused thereby. Tenant's obligation to
observe or perform this covenant shall survive the expiration or other termination of the term of the Lease.
(g) Tenant shall at its own expense perform all janitorial and cleaning services within the Leased
Premises in order to keep same in a neat, clean and orderly condition.
(h) Tenant shall give Landlord prompt written notice (and telephone notice in the case of an
emergency) of any fire or damage occurring on or to the Leased Premises.
(i) Tenant shall maintain and clean the Leased Premises, including daily trash removal, window
cleaning, bathroom cleaning and other maintenance and cleaning requirements as required from time to time
to maintain a clean, sanitary and orderly Leased Premises.
ARTI CLE VIII
Insurance and Indemnity
. SECTION 8.01 Liability Insurance
(a) Tenant shall, during the entire term hereof, keep in full force and effect bodily
injury and property damage comprehensive public liability insurance with respect to the
leased Premises for the combined single coverage of not less than $1,000,000.00.
(b) In addition to the insurance provided for in subparagraph (a) above, Tenant
shall provide and maintain at Tenant's expense:(i) Workmen's compensation Insurance for the
benefit of all employees entering PAZ plAZA as a result of or in connection with their
employment by Tenant; (ii) all other insurance required of Tenant, as an employer, pursuant
to any jurisdiction; and (m) fire casualty and extended coverage insurance on Tenant's
fixtures, improvements and finishings, which policies of insurance shall be in such amounts, in
such forms and issued by such companies as are approved by landlord and shall name landlord
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paz Plaza, Ine.-2006
and Tenant as their interests may appear. At all times during construction upon the Leased
Premises, including initial construction of the Leased Premises prior to the Lease
Commencement Date of this Lease and during any alteration of the Leased Premises, Tenant
shall obtain builder's risk insurance with such limits as Landlord shall from time to time require,
and any such policy of insurance shall name as the insured thereunder Landlord and Tenant as
their interests may appear.
(c) All policies obtained and maintained by Tenant under the terms of this Lease shall
name Landlord, any person, firms or corporations designated by Landlord, and Tenant as
insured, and shall contain a clause that the insurer will not cancel or change the insurance
without first giving the Landlord fifteen (15) days prior written notice. The insurance shall be
written by a company approved by Landlord and a copy of the policy or a certificate of insurance
shall be delivered to Landlord prior to the commencement of the term of this Lease, or such
earlier date as may be required under the provisions of this Lease. Nothing herein shall be
considered to limit the liability of the Tenant under this Lease.
SECTION 8.02 Plate Glass Insurance.
The replacement of any plate glass or window glass damaged or broken from any cause
whatsoever in and about the Leased Premises shall be Tenant's responsibility. Tenant shall,
during the entire term hereof, keep in full force and effect a policy of plate glass insurance
covering all the plate glass or window glass of the Leased Premises, in amounts satisfactory
to Landlord. The policy shall name Landlord and any person, firm or corporation designated by
Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the Landlord fifteen (15) days prior written notice.
The insurance shall be written by a company approved by the Landlord and a copy of the policy
or a certificate of insurance shall be delivered to Landlord prior to the commencement of the
term of this Lease.
SECTION 8.03 Fire and Extended Coverage Insurance.
Tenant shall at all times during the term hereof, and at its cost and expense, maintain in
effect, policies of insurance covering the fixtures and improvements, equipment, and goods
located within the Leased Premises, in an amount not less than eighty percent (800/0) of their
actual cash value, providing protection against any peril including within the standard
classification of "Fire and Extended Coverage", together with insurance against sprinkler
damage, vandalism, and malicious mischief. The proceeds of such insurance, so long as the
Lease remains in effect, shall be used first to repair or replace the fixtures and improvements
within the Leased Premises.
SECTION 8.04 Increase in Fire Insurance Premium.
Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Leased
Premises any article which may be prohibited by the standard form of fire and extended risk
insurance policy. Tenant agrees to pay any increase in premiums for fire and extended coverage
insurance that may be charged during the term of this Lease on the amount of such insurance
which may be carried by Landlord on said premises or the building of which they are a part,
resulting from the type of article being located in the Leased Premises, whether or not Landlord
has consented to the same. In determining whether increased premiums are the result of
Tenant's use of the Leased Premises, a schedule issued by the organization making the
insurance rate on the Leased Premises, showing the various components of such rate, shall be
conclusive evidence of the several items and charges which make up the fire insurance rate on
the Leased Premises. Tenant agrees to promptly make, at Tenant's cost, any repairs, alterations,
changes and/or improvements to equipment in the Leased Premises required by the company
issuing Landlord's fire insurance so as to avoid the cancellation of, or the increase in premiums
on, said insurance. In the event Tenant's occupation and use of the Leased Premises causes any
increase of premium for the fire, boiler and/or casualty rates on the Leased Premises or any part
thereof above the rate for the least hazardous type of occupancy legally permitted in the
premises, the Tenant shall pay the additional premium on the fire, boiler and/or casualty
insurance policies by reason thereof. The Tenant also shall pay in such event, any additional
premium on the rent insurance policy that may be carried by the Landlord for its protection
against rent loss through fire or other casualty. Bills for such additional premiums shall be
rendered by Landlord to Tenant at such times as Landlord may elect and shall be due from, and
payable by Tenant when rendered, and the amount thereof shall be deemed to be additional
rent.
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SECTION 8.05 Indemnification of Landlord.
Neither (i) Landlord, (ii) any superior lessor or any superior mortgagee of the Landlord, nor
(Hi) any partner, director, officer, agent, servant or employee of Landlord, any superior lessor or any
superior mortgagee, shall be liable to Tenant for any los5, injury or damage to Tenant or to any other
person, or to its or their property, irrespective of the cause of such injury, damage or loss, unless caused by
or resulting from the sole negligence of Landlord, its agents, servants or employees in the operation or
maintenance of the Leased Premises or the building, improvements and common facilities of PAZ
PLAZA, without contributory negligence on the part of Tenant or any of its subtenants or licensees or its or
their employees, agents or contractors. Further, neither (i) Landlord, (ii) any superior lessor or any superior
mortgagee of the Landlord, nor (iii) any partner, director, officer, agent, servant or employee of Landlord,
any superior lessor or any superior mortgagee, shall be liable (a) for any such damage caused by other
tenants or persons in, upon or about the building, improvements and common facilities of PAZ PLAZA, or
caused by operations in construction of any private, public or quasi-public work, or (b) even if negligent,
for consequential damages arising out of any loss of use of the Leased Premises or any equipment or facilities
therein by Tenant or any person claiming through or under Tenant. Tenant shall indemnify and hold harmless
Landlord and all superior lessors and superior mortgagees and its and their respective partners,
directors, officers, agents and employees from and against any and all claims arising from or in connection
with (a) the conduct or management of PAZ PLAZA or of any business therein, or any work or thing
whatsoever done, or any condition created (other than by Landlord) in or about the PAZ PLAZA during the
term of this Lease or during the period of time, if any, prior to the Commencement Date that Tenant may
have been given access to the Leased Premises, (b) any act, omission or negligence of Tenant or any of its
subtenants or licensees or its or their partners, directors, offices, agents, employees or contractors, (c)
any accident, injury or damage whatever (unless caused solely by Landlord's negligence) occurring in, at or
upon the PAZ PLAZA, and (d) any breach or default by Tenant in the full and prompt payment and
performance of Tenant's obligations under this Lease; together with all costs, expenses and liabilities
incurred in or in connection with each such claim or action or proceeding brought thereon, including,
without limitation, all attorneys' fees and expenses. In the event Landlord shall be made a party to any
litigation or proceeding commenced by or against Tenant, then Tenant shall protect, indemnify and hold
Landlord harmless and Tenant shall pay to Landlord all costs, expenses and reasonable attorneys' fees (for
both trial and appellate levels) incurred or paid by Landlord in connection with such litigation or proceeding.
Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by
Landlord in enforcing the covenants and agreements in this Lease.
SECTION 8.06 Waiver of Subrogation.
Tenant waives (unless said waiver should invalidate any such insurance) its right to
recover damages against Landlord for any reason whatsoever to the extent Tenant recovers
indemnity from its insurance carrier. Any insurance policy procured by Tenant which does not
name Landlord as a named insured shall, if obtainable, contain an express waiver of any right
of subrogation by the insurance company against the Landlord. All public liability and
property damage policies shall contain an endorsement that Landlord, although named as an
insured, shall nevertheless be entitled to recover damages caused by the negligence of
Tenant.
ARTICLE IX
Utilities
Tenant shall be solely responsible for and promptly pay all charges for water, gas, electricity, sewer
charges or trash removal (if any) or any other utility used or consumed in the Leased Premises. To the
extent that Landlord supplies to the Leased Premises or to PAZ PLAZA water, gas, electricity, sewer charges,
trash removal, or any other utility used or consumed in the Leased Premises or within PAZ PLAZA, the
cost of such services and utilities shall be included in the PAZ PLAZA Operating Costs. In no event
shall Landlord be liable for an interruption, failure, or defect in the supply or character of any such utilities
furnished to the Leased Premises, improvements or common facilities of PAZ PLAZA (including but not limited
to water rationing and electrical power brownouts and blackouts), or any act or omission of the public or
private utility serving PAZ PLAZA or for any other reason not attributable to Landlord. Tenant will at all times
comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring, and
requirements of the public or private utility supplying electricity to PAZ PLAZA. In the event that, in
Landlord's sole judgment, Tenant's electrical requirements necessitate installation of additional risers,
feeders or other proper and necessary equipment, the same shall be installed by Landlord at Tenant's sole
expensel which shall be chargeable and collectible as additional rent and paid with the next rental payment to
Landlord after delivery of an invoice to Tenant by the Landlord. Tenant shall also be required prior to taking
possession of the Leased Premises to pay to the Landlord any and all water or sewer connection or meter
charges for the Leased Premises if the landlord has been required to pay such charges by any private or
governmental authority having jurisdiction thereover. Tenant specifically acknowledges that Landlord is not
the supplier of any utility services including but not limited to electrical service, telephone service and
water service, and the unavailability of such services to the Leased Premises due to blackout, moratorium,
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rationing or any other reason will not constitute or form the basis of a right by Tenant to abate or adjust any
rental payments due hereunder, the Tenant hereby assuming all responsibility and risks for obtaining
such services.
ARTICLE X
Attornment and Subordination
SECTION 10.01 Attornment.
In the event any proceedings are brought for the foreclosure of, or in the event of exercise of the
power of sale under any mortgage made by the Landlord covering the Leased Premises or in the event a
deed is given in lieu of foreclosure of any such mortgage, if requested to do so, Tenant shall attorn to the
purchaser or grantee in lieu of foreclosure upon any such foreclosure or sale and recognize such
purchaser or grantee in lieu of foreclosure as the Landlord under this Lease.
SECTION 10.02 Subordination.
Tenant agrees that this Lease and the interest of Tenant therein shall be, and the same hereby is
made subject and subordinated at all times to all covenants, restrictions, easements and other
encumbrances now or hereafter affecting the fee title of PAZ PLAZA and to all ground and underlying leases
and to any mortgage in any amounts and all advances made and to be made thereon, which may now or
hereafter be placed against or affect any or all of the land and/or any or all of the building and
improvements, including the Leased Premises, now or at any time hereafter constituting a part of PAZ PLAZA
and/or any ground or underlying leases covering same, and to all renewals, modifications,
consolidations, participations, replacements and extensions thereof. The term "Mortgages" as used herein
shall be deemed to include trust indentures and deeds of trust. The aforesaid provisions shall be self-
operative and no further instrument of subordination shall be necessary unless required by any such
ground or underlying lessors or mortgagees. Should the Landlord or any ground or underlying lessors or
mortgagees desire confirmation of such subordination, then Tenant, within ten (10) days following written
request therefor, agrees to execute and deliver, without charge, any and all documents (in form
acceptable to Landlord and such ground or underlying lessors or mortgagees) subordinating this Lease and
the Tenant's rights hereunder. However, should any such ground or underlying lessors or any mortgagees
request that this Lease be made superior, rather than subordinate, to any such ground or underlying lease
and/or mortgage, then Tenant, within ten (10) days following Landlord's written request therefor,
agrees to execute and deliver, without charge, any and all documents (in form acceptable to Landlord
and such ground or underlying lessors or mortgagees) effectuating such priority.
ARTICLE Xl
Assignment and Subletting
SECTION 11.01 Consent Required
Tenant shall not, whether voluntarily, involuntarily, or by operation of law or otherwise, without the prior
written consent of Landlord, (a) assign or otherwise transfer this Lease or the term and estate hereby
granted, or offer or advertise to do so, (b) sublet the Leased Premises or any part thereof, or offer or
advertise to do so, or allow the same to be used, occupied or utilized by anyone other than Tenant, (c)
mortgage, pledge, encumber or otherwise hypothecate this Lease or the Leased Premises or any part
thereof in any manner whatsoever, or (d) permit the Leased Premises or any part thereof to be occupied, or
used for desk space, mailing privileges or otherwise, by any person other than Tenant without in each
instance obtaining the prior written consent of the Landlord which Landlord will not unreasonably withhold.
The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for
such consent to any subsequent assignment or subletting. If this Lease be assigned without consent of
Landlord, or if the Leased Premises or any part thereof be underlet or occupied by any party other than
Tenant without consent of Landlord, Landlord may collect rent from the assignee, subtenant or occupant, and
apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy
or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, subtenant or
occupant as Tenant, or a release of Tenant from the further performance by Tenant of the covenants on the
part of Tenant herein contained, and further provided that Landlord shall have the option of
terminating this Lease on written notice to Tenant given within twenty (20) days after receipt of the
request for Landlord's approval or notice to Landlord of such assignment or subletting. This prohibition
against assignment or subletting shall be construed to include prohibition against any assignment or
subleasing by operation of law, legal process, receivership, bankruptcy or otherwise, whether voluntary
or involuntary.
(b) The Tenant shall have the obligation to pay a reasonable administrative fee in connections14
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with such assignment.
SEmON 11.02 Significant Change of Corporate Ownership.
a) If Tenant is a corporation, partnership, limited liability company or other entity the provisions of
Paragraph (a) of Section 11.01 shall apply to a transfer (by one or more transfers) of a majority
of the stock of Tenant as if such transfer of a majority of the stock of Tenant were an assignment
of this Lease; but said provision shall not apply to transactions with a corporation into or with
which Tenant is merged or consolidated or to which substantially all of Tenant's assets are
transferred or to any corporation which controls or is controlled by Tenant or is under common
control with Tenant, provided that in any of such events (0 the successor to Tenant has a net
worth computed in accordance with generally accepted accounting principles at least equal
to the greater of (1) the net worth of Tenant immediately prior to such merger, consolidation
or transfer, or (2) the net worth of the Tenant herein named on the date of this Lease, and (ii)
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, (iii) Landlord shall have received at
least ten (10) days prior to the effective date of any such transaction a duplicate original
instrument of assignment in form and substance satisfactory to Landlord, duly executed by
Tenant, and (iv) Landlord shall have received at least ten (10) days prior to the effective date of
any such transaction an original instrument in form and substance satisfactory to Landlord, duly
executed by the assignee, in which such assignee assumes (as of the Commencement Date)
observance and performance of, and agrees to be personally bound by, all of the terms,
covenants and conditions of this Lease on Tenant's part to be performed and observed.
(b) The Tenant shall have the obligation to pay a reasonable administrative fee in connection
with such assignment.
SEmON 11.03 Other Change of Ownership.
(a) If Tenant is a partnership (or is comprised of two (2) or more persons, individually
and/or as co-partners of a partnership) or if Tenant's interest in this Lease shall be
assigned to a partnership (or to two (2) or more persons, individually and/or as co-
partners of a partnership) pursuant to this Article (any such partnership and such persons
are referred to in this Section as "Partnership Tenant"), the following provisions of
this Section shall apply to such Partnership Tenant: (i) the liability of each of the
parties comprising Partnership Tenant shall be joint and several, and (ii) each of the
parties comprising Partnership Tenant hereby consents in advance to, and agrees to be
bound by, any written instrument which may hereafter be executed, changing,
modifying or discharging this Lease, in whole or in part, or surrendering all or any part of
the Leased Premises to Landlord or renewing or extending this Lease and by any notices,
demands, requests or other communications which may hereafter be given, by
Partnership Tenant or by any of the parties comprising Partnership Tenant, and (iii) any
bills, statements, notices, demands, requests or other communications given or rendered
to Partnership Tenant or to any of the parties comprising Partnership Tenant shall be
deemed given or rendered to Partnership Tenant and to all such parties and shall be
binding upon Partnership Tenant and all such parties, and (iv) if Partnership Tenant shall
admit new partners, all of such new partners shall, by their admission to Partnership
Tenant, be deemed to have assumed performance of all of the terms, covenants and
conditions of this Lease on Tenant's part to be observed and performed, and (v)
Partnership Tenant shall give prompt notice to landlord of the admission of any such new
partners, and upon demand of Landlord, shall cause each such new partner to execute
and deliver to Landlord an agreement in form satisfactory to Landlord, wherein each such
new partner shall assume performance of all of the terms, covenants and conditions of
this Lease on Tenant's part to be observed and performed (but neither Landlord's failure
to request any such agreement nor the failure of any such new partner to execute or
deliver any such agreement to Landlord shall vitiate the provisions of subparagraph
(iv) above).
(b) The Tenant shall have the obligation to pay a reasonable administrative fee in connection
with such assignment.
SEmON 11.04 Termination at Landlord's Election.
Notwithstanding anything to the contrary contained in this Article, if Tenant shall at any time or times
during the term of this Lease desire to assign this Lease or sublet all or any portion of the Leased Premises,
Tenant shall give notice thereof to Landlord, which notice shall state whether Tenant desires to assign this
Lease or sublet all or a portion of the Leased Premises and shall further state the desire commencement and
Expiration Date of any subletting or the desired effective date of any assignment, as the case may be (which
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commencement date or effective date shall in no event be earlier than sixty (60) days following the giving of
such notice). If a portion of the Leased Premises is proposed to be sublet, such notice shall be
accompanied by a diagram identifying the portion to be so sublet. Such notice shall be deemed an offer from
Tenant to Landlord whereby Landlord (or Landlord's designee) may, at its option, (i) terminate this Lease
(if the proposed transaction is an assignment or a sublease of all or substantially all of the Leased
Premises), or (ii) terminate this Lease with respect to the space covered by the proposed sublease (if the
proposed transaction is a sublease of part of the Leased Premises). Said option may be exercised by
Landlord by notice to Tenant at any time within sixty (60) days after such notice has been given by Tenant to
Landlord; and during such 60-day period Tenant shall not assign this Lease or sublet such space to any
person. if Landlord exercises its option to terminate this Lease, then, this Lease shall end and expire on the
date that such assignment or sublet was to be effective or commence, as the case may be, and the Fixed
Minimum Annual Rent and Additional Rent shall be paid and apportioned to such date. If Landlord exercises
its option to terminate this Lease with respect to the space covered by Tenant's proposed sublease in any
case where Tenant desires to sublet part of the Leased Premises, then (a) this Lease shall end and expire
with respect to such part of the Leased Premises on the date that the proposed sublease was to commence;
(b) from and after such date the Fixed Minimum Annual Rent and Additional Rent shall be adjustedt based
upon the proportion that the rentable area of the Leased Premises remaining bears to the total rentable area
of the Leased Premises; and (c) Tenant shall pay to Landlord, upon demand, as Additional Rent hereunder
the costs incurred by Landlord in physically separating such part of the Leased Premises from the balance of
the Leased Premises and in complying with any laws and requirements of any public authorities relating
to such separation.
SEmON 11.05 Assignment by Tenant.
Any assignment or transfer, whether made with Landlord's consent or without Landlord's consent,
shall be made only if, and shall not be effective until, the assignee shall execute, acknowledge and
deliver to Landlord an agreement in form and substance satisfactory to Landlord whereby the assignee shall
assume the obligations of this Lease on the part of Tenant to be performed or observed and whereby the
assignee shall agree that the provisions in Section 11.01 shall, notwithstanding such assignment or
transfert continue to be binding upon it in respect of all future assignments and transfers. The original
named Tenant covenants that, notwithstanding any assignment or transfer, whether or not in violation of
the provisions of this Lease, and notwithstanding the acceptance of Fixed Minimum Annual Rent and/or
Additional Rent by Landlord from an assignee, transferee, or any other party, the original named Tenant
shall remain fully liable for the payment of the Fixed Minimum Annual Rent and Additional Rent and for the
other obligations of this Lease on the part of Tenant to be performed or observed.
SECTION 11.06 Assignment by Landlord.
In the event of the transfer and assignment by Landlord of its interest in this Lease and in PAZ PLAZA
to a person expressly assuming Landlord's obligations under this Lease, Landlord shall thereby be released
from any further obligations hereunder, and Tenant agrees to look solely to such successor in interest of the
Landlord for performance of such obligations. Any security given by Tenant to secure performance of
Tenant's obligations hereunder may be assigned and transferred by Landlord to such successor in interest,
and Landlord shall thereby be discharged of any further obligation relating thereto.
ARTICLE XII
Waste, Governmental Regulations
SECTION 12.01 Waste or Nuisance.
Tenant shall not commit or suffer to be committed any waste upon the Leased Premises or any
nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in PAZ PLAZA, or
which may adversely affect Landlord's interest in the Leased Premises or PAZ PLAZA.
SECTION 12.02 Governmental Regulations.
Tenant shall, at Tenant's sole cost and expense, comply with all county, municipal, state, federal
laws, orders, ordinances and other applicable requirements of all governmental authorities, now in force,
or which may hereafter be in force, pertaining to, or affecting the condition, use or occupancy of the Leased
Premises, and shall faithfully observe in the use and occupancy of the Leased Premises all municipal and
county ordinances and state and federal statutes now in force or which may hereafter be in force. Paz Plaza,
Inc, has settled a lawsuit brought under the American with Disabilities Act (ADA)t which sates that Tenant
shall strictly comply with the requirements of the ADA. If Tenant is required to provide a bathroom for the
use of its clients, such bathroom shall comply with all ADA requirements. Tenant shall indemnify, defend and
save Landlord harmless from all costs, losses, expenses or damages resulting from Tenant's failure
to perform its obligations under this Section.
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SECTION 12.03 Hazardous or Toxic Materials.
For purposes of this Section 12.03, "Hazardous or Toxic Materials" shall be defined to include but not
be limited to (i) "hazardous substances" as defined in Section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act (42 U.S.c. 9601(14)) and as said Act may be
amended from time to time; (ii) "Hazardous Waste" as defined in the Florida Resource Recovery and
Management Act (Florida Statutes, Chapter 403) and as said Act may be amended from time to time; (Hi)
asbestos; (iv) radon; and (v) petroleum products. During the term of this Lease or any extended term,
Tenant shall not introduce, generate, release, treat, discharge, emit, handle, store, transport or dispose of
any Hazardous or Toxic Materials on or about the Leased Premises or the Common Areas. Further, Tenant
shall not engage in or permit any activities to be conducted on or about the Leased Premises or in the
Common Areas which would constitute a breach or violation of the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.s.c., 9601 et. seq.) and as said Act may be amended from
time to time or the Florida Resource Recovery and Management Act (Florida Statute, Chapter 403) and as
said Act may be amended from time to time (hereinafter collectively "Environmental Laws") during the term
of this Lease. To the best of Tenant's knowledge and belief the Leased Premises and the Common Areas
have not in the past been used and are not presently being used in violation or contravention of any
applicable Federal, State or local laws, ordinances, rules, regulations or requirements, including the
Environmental Laws, pertaining to Hazardous or Toxic Material. Tenant hereby indemnifies and agrees to
defend and save and hold Landlord, its general partners, limited partners, officers, employees, agents,
successors, assigns and constituent entities harmless from and against any and all losses, liabilities,
obligations, damages (including without limitation all foreseeable and unforeseeable consequential
damages to any person or entity, including third parties and including punitive damages, injuries,
charges, penalties, interest, expenses, fees (including attorneys' fees and all administrative and judicial
hearings, trial and appellate levels), costs (including, without limitation, costs of any settlement), judgments,
administrative or judicial proceedings and orders, remedial actions, enforcement actions, claims and demand
of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Landlord by any person,
entity or governmental agency or body for, with respect to, related to, arising out of, or as a direct or indirect
result of (a) Tenant's violation or breach of this Section 12.03 relative to the Leased Premises; (b)
Tenant's breach of any Environmental Laws relative to the Leased Premises or Common Areas or any
activities of Tenant conducted thereon; or (c) Tenant's use, introduction, generation, release, treatment,
discharge, emission, escape, seepage, leakage, spillage, handling, storage, transportation, disposal,
cleanup, on, under or about the Leased Premises and the Common Areas or adjacent to the Leased Premises
and the Common Areas or to the soil, air or to surface or ground water thereon of any Hazardous or Toxic
Materials. All sums paid and costs incurred by Landlord with respect to the foregoing matters shall bear
interest at the highest applicable legal rate. This indemnification shall survive the term of this Lease and
the Tenant's surrender of the Leased Premises and it shall inure to the benefit of any transferee of
title to the Leased Premises or the Common Areas whomsoever.
If the Tenant receives any notice of or has reason to know of (i) the happening of any material event
involving the use, generation, release, treatment, discharge, emission, escape, seepage, leakage,
spillage, handling, storage, transportation, disposal or cleanup of any Hazardous or Toxic Materials on or
about the Leased Premises and the Common Areas or adjacent thereto, or in connection with Tenant's
operations thereon, or (ii) any complaint, order, citation or notice with regard to air emissions, water
discharges or any other environmental, health or safety matter affecting the Tenant or the Leased Premises
or the Common Areas from any person, entity or governmental agency or body, then Tenant shall
immediately notify Landlord orally and in writing of said notice.
Any breach of the provisions, representations, covenants or agreements contained in this Section
12.03 shall entitle the Landlord to exercise any and all remedies provided in this Lease or otherwise permitted
by law.
ARl1 CLE XIll
Rules and Regulations
SECTION 13.01 Rules and Regulations.
Tenant agrees to comply with and abide by the Rules and Regulations of PAZ PLAZA attached hereto
and made a part hereof as Exhibit "F" as adopted and amended from time to time by Landlord. Nothing
contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce the
Rules and Regulations against any other tenant or any employees or agents of any other tenant, and
Landlord shall not be liable to Tenant for violation of the Rules and Regulations by any other tenant or its
employees, agents, invitees or licensees.
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ARTICLE XIV
Solicitation of Business
Tenant and Tenant's employees and agents shall not solicit business in the parking or other Common
Areas, nor shall Tenant distribute any handbills or other advertising matter in the Common Areas and
specifically on the automobiles parked in the parking areas. Tenant and Tenant's employees and agents
shall not display, advertise or disseminate any visual or auditory advertising or business information from
a parked or moving vehicle within PAZ PlAZA, including but not limited to window and bumper stickers or
sun shades or blinds, painting or other implementation of advertising materials affixed to a vehicle and the
use of noise producing devises to either draw attention to or communicate advertising or promotional
information.
ARTICLE Y:V
Destruction of Leased Premises
SEmON 15.01 Total or Partial Destruction.
If PAZ PLAZA shall be damaged by fire, the elements, unavoidable accident or other casualty,
without the fault of Tenant, but are not thereby rendered untenantable in whole or in part, Landlord shall at
its own expense cause such damage, to be repaired, but only to the extent of Landlord's original
obligation to construct. If by reason of such occurrence, the Leased Premises shall be rendered untenantable
only in part, Landlord shall at its own expense cause the damage, except Tenant's improvements, equipment
and trade fixtures, to be repaired, but only to the extent of Landlord's original obligation to construct
provided however, Landlord shall have the right, to be exercised by notice to Tenant within sixty. (60) days
after said occurrence, to elect not to repair such damage and to cancel and terminate this Lease effective as
of a date stipulated in Landlord's notice, which shall not be earlier than thirty (30) days nor later than sixty
(60) days after the giving of such notice. If the premises shall be rendered wholly untenantable by reason of
such occurrence, the Landlord shall at its own expense cause such damage, to be repaired, but only
to the extent of the Landlord's original obligation to construct except that Landlord shall have the right, to
be exercised by notice to Tenant within sixty (60) days after said occurrence, to elect not to reconstruct the
destroyed premises, and in such event this Lease and the tenancy hereby created shall cease as of the date
of the said occurrence. In the event of damage, while Landlord repairs such damage, the rent payable
hereunder for the period commencing on the date of such damage and continuing through the completion of
such repairs shall be abated in proportion to the degree to which Tenant's use of the premises is impaired.
SEmON 15.02 Partial Destruction of PAZ PLALA.
In the event that fifty percent (50%) or more of the rentable area of PAZ PLAZA shall be
damaged or destroyed by fire or other cause, notwithstanding any other provisions contained herein and that
the Leased Premises may be unaffected by such fire or other cause, Landlord shall have the right, to be
exercised by notice in writing delivered to Tenant within sixty (60) days after said occurrence, to elect to
cancel and terminate this Lease. Upon the giving of such notice to Tenant, the term of this Lease shall expire
by lapse of time upon the third day after such notice is given, and Tenant shall vacate the Lease Premises
and surrender the same to Landlord.
SEmON 15.03 Reconstruction of Improvements.
In the event of any reconstruction of the Leased Premises under this Section, said reconstruction
shall be in substantial conformity with the building originally constructed by the Landlord. Tenant, at its
sole cost and expense, shall be responsible for the repair and restoration of all items set forth as ''Tenant's
Work" in Exhibit "C" and the replacement of its stock in trade fixtures, furniture, furnishings and equipment.
Tenant shall commence the installation of fixtures, equipment, and merchandise (if any)hereof promptly upon
delivery to it of possession of the Leased Premises and shall diligently prosecute such installation to
completion.
ARTICLE Y:VI
Eminent Domain
SEmON 16.01 Total Condemnation.
If the whole of the Leased Premises shall be acquired or condemned by eminent domain for any
public or quasi-public use or purpose, then the term of this Lease shall cease and terminate as of the date of
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title vesting in such proceeding and all rentals and other charges shall be paid up to that date and Tenant
shall have no claim against Landlord for the value of any unexpired term of this Lease.
SEmON 16.02 Partial Condemnation,
If any part of the Leased Premises shall be acquired or condemned by eminent domain for any public
or quasi-public use or purpose, and in the event that such partial taking or condemnation shall, in the
opinion of Landlord, render the Leased Premises unsuitable for the business of the Tenant, then Landlord and
Tenant shall each have the right to terminate this Lease by notice given to the other within sixty (60) days
after the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the
value of any unexpired term of this Lease. In the event of a partial taking or condemnation which is not
extensive enough to render the premises unsuitable for the business of the Tenant, then Landlord shall
promptly restore the Leased Premises (exclusive of Tenant's improvements, Tenant's equipment and trade
fixtures) to a condition comparable to its condition at the time of such condemnation less the portion lost in
the taking and the building of which the Leased Premises forms a part to the extent necessary to constitute
the portion of the building not so taken as a complete architectural unit; provided that Landlord shall not in
any event be required to spend for such repair, restoration or alteration work an amount in excess of the
respective amounts received by Landlord as damages for the taking of such part of the Leased Premises and
of the building of which the same forms a part. As used herein, the amount "received by Landlord" shall
mean that portion of the award or damages in condemnation received by Landlord from the condemning
authority which is free and clear of all prior claims or collections by the holders of any mortgages or deeds of
trust or any ground or underlying lessors, and this Lease shall continue in full force and effect except
that the fixed minimum annual rent shall be reduced in proportion to the portion of the Leased Premises lost
in the taking. If more than twenty percent (20%) of the floor area of the building in PAZ PlAZA shall be
taken as aforesaid (whether or not the Leased Premises shall be affected by the taking), Landlord shall
have the right to terminate this Lease by notice to Tenant given within sixty (60) days after the date of title
vesting in such proceeding and Tenant shall have no claim against Landlord for the value of the unexpired
term of this Lease.
SEmON 16.03 Landlord's LJamages.
In the event of any condemnation or taking as hereinabove provided, whether whole or partial, the
Tenant shall not be entitled to any part of the award, as damages or otherwise, for such condemnation and
Landlord is to receive the full amount of such award, the Tenant hereby expressly waiving any right or claim
to any part thereof.
SEmON 16.04 Tenant's Damages.
Although all damages in the event of any condemnation are to belong to the Landlord whether such
damages are awarded as compensation for diminution in value of the Leasehold or the fee of the Leased
Premises, Tenant shall have the right to claim and recover from the condemning authority, but not from
Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right
on account of any damage to Tenant's business by reason of the condemnation and for or on account of any
cost or loss to which Tenant might be put in removing Tenant's merchandise, furniture, fixtures, leasehold
improvements and equipment, provided no such claim shall diminish or otherwise adversely affect Landlord's
award. Each party agrees to execute and deliver to the other all instruments that may be required to
effectuate the provisions of Section 16.03 and this
Section16.04.
SEmON 16.05 Sale Under Threat of Condemnation.
A sale by Landlord to any authority having the power of eminent domain, either under threat ot
condemnation or while condemnation proceedings are pending, shall be deemed a taking under the power of
eminent domain for all purposes under this Article.
ARTICLE XVII
Default of Tenant
SEmON 17.01 Events of Default.
Upon the happening of one or more of the events as expressed below in (a) to (j), inclusive
(individually and collectively, "Event of Default"), the Landlord shall have any and all rights and remedies
hereinafter set forth:
(a) In the event Tenant should fail to pay any monthly installment of rent or any other sums
required to be paid hereunder, as and when the same become due.
(b) In the event a petition in bankruptcy (including Chapter X and Chapter XI bankruptcy
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proceedings or any other reorganization proceedings under the Bankruptcy Act) be filed by the Tenant, or be
filed against Tenant, and such petition is not dismissed within thirty (30) days from the filing thereof, or in
the event Tenant is adjudged a bankrupt.
(c) In the event an assignment for the benefit of creditors is made by Tenant.
(d) In the event of an appointment by any court of a receiver or other court officer of Tenant's
property and such receivership is not dismissed within thirty (30) days from such appointment.
(e) In the event Tenant removes/ attempts to remove, or permits to be removed from the Leased
Premises, except in the usual course of trade, the goods, furniture, effects or other property of the Tenant
brought thereon.
(f) In the event Tenant, before the expiration of the term hereof and without the written consent of
the Landlord, vacates the Leased Premises or abandons the possession thereof, or uses the same for
purposes other than the purposes for which the same are hereby leased.
(g) In the event an execution or other legal process is levied upon the goods, furniture, effects or
other property of Tenant brought on the Leased Premises, or upon the interest of Tenant in this Lease, and
the same is not satisfied or dismissed within ten (10) days from this levy.
(h) In the event Tenant abandons or fails to occupy the Leased Premises or continuously operate
Tenant's business within the Leased Premises during the lease term.
(i) In the event Tenant fails to keep, observe or perform any of the other terms, conditions or
covenants on the part of Tenant herein to be kept, observed and performed for more than ten (10) days
after written notice thereof is given by Landlord to Tenant specifying the nature of such default, or if the
default so specified shall be of such a nature that the same cannot reasonably be cured or remedied within
said ten (10) day period, if Tenant shall not in good faith have commenced the curing or remedying of such
default within such ten (10) day period and shall not thereafter continuously and diligently proceed
therewith to completion.
(j) Tenant shall not place a load upon any floor of the Leased Premises exceeding the floor load per
square foot which such floor was designed to carry. Any load exceeding the floor load per square foot
maximum, must be placed by Tenant at Tenant's expense so as to safely distribute the weight in
accordance with engineering standards which Tenant shall obtain from Landlord's engineer at Tenant's
expense. Business machines and mechanical equipment shall be placed and maintained by Tenant, at
Tenant's expense, in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration,
noise and annoyance. If the Leased Premises be or become infested with insects or vermin as a result of the
use or any misuse or neglect of the Leased Premises by Tenant, its agents, employees, visitors or
licensees, Tenant shall at Tenant's expense cause the same to be exterminated from time to time to the
reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or
companies as shall be reasonably approved by Landlord.
SEmON 17.02 Remedies of Landlord.
(a) In the event of any such default or breach, Landlord shall have the immediate right to re-enter
the Leased Premises, after due process through the judicial system and to dispossess Tenant and all other
occupants therefrom and remove and dispose of all property therein in the manner provided in subdivision
(c) of this Section. Landlord shall also have the right, at the option of Landlord, to terminate this
Lease upon three (3) days written notice to Tenant, and to thereupon re-enter and take possession of the
said premises with legal process. In the event of any such default or breach, Landlord shall have the right,
at its option, from time to time, without terminating this Lease, to re-enter and re-Iet the premises, or any
part thereof, with legal process, as the agent and for the account of Tenant upon such terms and conditions
as Landlord may deem advisable or satisfactory, in which even the rents received on such re-Ietting shall be
applied first to the expenses of such re-Ietting and collection including but not limited to, necessary
renovation and alterations of the Leased Premises, reasonable attorney's fees, any real estate commissions
paid, and thereafter toward payment of all sums due or which become due Landlord hereunder, and if a
sufficient sum shall not be thus realized or secured to pay such sums and other charges, (i) at Landlord's
option, Tenant shall pay Landlord any deficiency monthly, notwithstanding Landlord may have received rental
in excess of the rental stipulated in this Lease in previous or subsequent months, and landlord may bring an
action therefor as such monthly deficiency shall arise, or (ii) at Landlord's option, the entire deficiency, which
is subject to ascertainment for the remaining term of this Lease, shall be immediately due and payable by
Tenant. Nothing herein, however, shall be construed to require Landlord to re-enter in any event. The
Landlord shall not, in any event, be required to pay Tenant any surplus of any sums received by Landlord on
a re-Ietting of said premises in excess of the rent provided in this Lease.
(b) In the event of any such default or breach, the Landlord shall have the right, at its option,
to declare the rents for the entire remaining term and other indebtedness, if any, immediately due and
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payable without regard to whether or not possession shall have been surrendered to or taken by Landlord,
and may commence action immediately thereupon and recover judgement there for.
(c) The Landlord in addition to other rights and remedies it may have, shall have the right to remove
all or any part of the Tenant's property from said premises and any property removed may be stored in any
public warehouse or elsewhere at the cost of, and for the account of Tenant and the landlord shalt not be
responsible for the care or safekeeping thereof.
(d) No such re-entry or taking possession of said leased Premises by landlord shall be construed
as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to
Tenant. Notwithstanding any such re-Ietting without termination, Landlord may at all times thereafter,
elect to terminate this Lease for such previous default or breach. Any such re-entry shall be allowed by
Tenant without hindrance and Landlord shall not be liable in damages for any such re-entry, or guilty of
trespass or forcible entry.
(e) Any and all rights, remedies and options given in this Lease to Landlord shall be cumulative and
in addition to and without waiver of or in derogation of any right or remedy given to it under any law now or
hereafter in effect.
(f) In addition to all other payments set forth in this Lease, Tenant shall pay to Landlord a sum equal
to One Hundred Dollars ($100.00) per day commencing as of the date any event of default occurs, through
and including the date on which the event of default is cured by Tenant or through the date on which this
Lease is terminated by Landlord.
SEmON 17.03 Waiver.
The waiver by Landlord of any breach of any term, condition or covenant herein contained shall not
be a waiver of such term, condition or covenant, or any subsequent breach of the same or any other term,
condition or covenant herein contained. The consent or approval by Landlord to or of any act by Tenant
requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's
consent to or approval of any subsequent similar act by Tenant. No re-entry hereunder shall bar the
recovery of rents or damages for the breach of any of the terms, conditions or covenants on the part of
Tenant herein contained. The receipt of rent after breach or condition broken, or delay on the part of
Landlord to enforce any right hereunder, shall not be deemed a waiver or forfeiture, or a waiver of the right
of Landlord to annul this Lease or to reenter said Leased Premises or to re-Iet same.
SEmON 17.04 Past Due Payments.
In the event any payment due under this lease should not be paid on the due date, Tenant agrees to
pay interest on the amount which is delinquent at the highest rate permitted under the laws of the state of
Florida, for such delinquent payment until made. In addition thereto, if Tenant shall fail to pay any rents,
additional rents or any other payments due under this Lease within five (5) days of the due date thereof, or
in the event any check, bank draft, order for payment or negotiable instrument given to Landlord for any
payment under this Lease shall be dishonored for any reason whatsoever not attributable to Landlord,
then Tenant shall also pay to Landlord an administrative charge equal to whichever is the greater of the
following: (i) One Hundred Dollars ($100.00), or (ii) fIVe percent (5%) of such unpaid sum. Tenant
recognizes and agrees that the charge which landlord is entitled to make upon the conditions stated in this
Section represents, at the time this Lease is made, a fair and reasonable estimate and liquidation of the cost
of Landlord in the administration of PAZ PLAZA resulting to landlord from the events described which
costs are not contemplated or included in any other rental charges provided to be paid by Tenant to Landlord
in this Lease. The provisions herein for administration charges shall not be construed to extend the date for
payment of any sums required to be paid by Tenant hereunder or to relieve Tenant of its obligation to pay all
such sums at the time or times herein stipulated.
SEmON 17.05 Legal Expenses.
In the event that it shall become necessary for Landlord to employ the services of an attorney to
enforce any of its rights under this Lease or to collect any sums due to it under this Lease or to remedy the
breach of any covenant of this Lease on the part of the Tenant to be kept or performed, regardless of
whether suit be brought, Tenant shall pay to Landlord such fee as shall be charged by Landlord attorney for
such services. If either party brings an action to enforce the terms hereof, the prevailing party shall be
entitled to receive reasonable attorneys' fees and court costs from the other party.
ARTICLE XVIII
Access by Landlord
21
paz Plaza. lnc.-2006
SECITON 18.01 Right of Entry.
(a) Landlord and Landlord's agents shall have the right to enter the Leased Premises at all
reasonable times to examine the same, and to show them to prospective purchasers or lessees of the Leased
Premises, and to make such repairs, or alterations, improvements or additions as Landlord may deem
necessary or desirable, and Landlord shall be allowed to take all material into and upon said premises that
may be required therefor without the same constituting an eviction of Tenant in whole or in part and the rent
reserved shall in no way abate while said repairs, alterations, improvements or additions are being made
unless Tenant is prevented from operating in the Leased Premises in whole or in part, in which event rent
shall be proportionately abated during said period. During the six (6) months prior to the expiration of the
term of this Lease or any renewal term, Landlord may exhibit the premises to prospective tenants or
purchasers, and place upon the premises the usual notices "To Let" or "For Rent" which notices Tenant shall
permit to remain thereon without molestation. If Tenant shall not be personally present to open and permit
an entry into said premises, at any time, when for any reason an entry therein shall be necessary or
permissible, Landlord or Landlord's agents may enter the same without in any manner affecting the
obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed
to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, maintenance or
repair of the building or any part thereof, except as otherwise herein specifically provided.
(b) Except for the space within the inside surfaces of all walls, drop ceilings, floors, windows and
doors bounding the Leased Premises, all of PAZ PLAZA, including without limitations exterior building walls,
atrium walls, core corridor walls and doors, terraces or roofs adjacent to or above the Leased Premises and
any space in or adjacent to the Leased Premises used for shafts, stacks, pipes, conduits, utilities rooms,
ducts, which service other portions of the building in addition to or exclusive of the Leased Premises,
are reserved to the Landlord for the purposes of maintenance, decoration, repair, operation, construction of
additions to the building or other leased premises within PAZ PLAZA. Landlord reserves the right and
Tenant shall permit Landlord and persons authorized by Landlord to access the aforedescribed facilities and
to install, erect, use and maintain the aforedescribed facilities in and through the Leased Premises. Landlord
and persons authorized by the Landlord shall have the right to enter and/or pass through the Leased
Premises at any time or times to make such repairs, alterations, additions and improvements in or to the
Leased Premises and/or in PAZ PLAZA or its improvements and common facilities as Landlord is required or
desires to make. Landlord and such authorized persons shall be allowed to take all materials into and upon
the Leased Premises that may be required in connection therewith, without liability to Tenant and without
any reduction of Tenant's covenants and/or obligations hereunder.
(c) If at any time any windows of the Leased Premises are either temporarily darkened or
obstructed by reason of any repairs, improvements, maintenance and/or cleaning in or about PAZ PLAZA or
covered by any translucent material for the purpose of energy conservation, or if any part of PAZ PLAZA,
other than the Leased Premises, is temporarily or permanently closed or inoperable, the same shall be
without liability to Landlord and without any reduction or diminution of Tenant's obligations under this Lease,
Neither this Lease nor any use by Tenant, shall give Tenant any easement or other right in or to (i) the use of
any door or any passage or any concourse or other common facility within PAZ PLAZA, or (ii) the use of
such doors, passages, concourses and common facilities for access to any other building or any public
conveniences or transportation facilities. Tenant acknowledges that the use of such doors, passages,
concourses and common facilities may without notice to Tenant be regulated or discontinued at any time by
Landlord.
(d) If an excavation shall be made upon land adjacent to or under the building in which the Leased
Premises is located, or shall be authorized to be made, Tenant shall afford to the person causing or
authorized to cause such excavation, license to enter the Leased Premises for the purpose of performing such
work as said person shall deem necessary or desirable to preserve and protect the building from injury or
damage to support the same by proper foundations, without any claim for damages or liability against
Landlord and without reducing or otherwise affecting Tenant's obligations under this Lease.
SEmON 18.02 Roof.
Use of the roof and/or air space above the Leased Premises is reserved exclusively to the Landlord.
ARTICLE XIX
Tenant's property
SEmON 19.01 Taxes on Leasehold or Personal Property.
Tenant shall be responsible for and shall pay before delinquent all municipal, county or state
taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind,
owned by or placed in, upon or about the Leased Premises by the Tenant.
SECITON 19.02 Loss and Damage.
22
paz Plaza. lne.-2006
Landlord shall not be responsible for any damage to property of Tenant or of others located on the
Leased Premises nor for the loss of or damage to any property of Tenant or others by theft or otherwise.
Landlord shall not be liable for any injury or damage to persons or property resulting from fire, explosion,
falling plaster, steam, gas, electricity, water, rain, or leaks from any part of the Leased Premises or from the
pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by
dampness or by any other cause of whatsoever nature. Landlord shall not be liable for any such damage
caused by other tenants or persons in the Leased Premises, occupants of adjacent property within PAZ
PLAZA, or the public, or caused by operations in construction of any private, public or quasi-public work.
landlord shall not be liable in damages or otherwise for any latent defect in the leased Premises or in the
building of which they form a part. All property of Tenant kept or stored on the Leased Premises shall be so
kept or stored at the risk of Tenant only and Tenant snail hold landlord harmless from any and all claims
arising out of damage to same, including subrogation claims by Tenant's insurance carriers.
SECITON 19.03 Notice by Tenant.
Tenant shall give immediate notice to Landlord in case of fire or accidents in the leased Premises or
in the building of which the premises are a part or of defects therein or in any fixtures or equipment, or of
any repair or maintenance item for which the landlord is responsible under the terms and conditions of this
lease.
ARTICLE XX
Holding Over Successors
SECITON 20.01 Holding Over.
In the event Tenant remains in possession of the leased Premises after the expiration of the tenancy
created hereunder, and without the execution of a new lease, Tenant, at the option of Landlord, shall be
deemed to be occupying the leased Premises as a Tenant from month-to-month, at a monthly rent equal to
two times the fixed minimum rent payable during the last month of the lease term and a twenty-five percent
(25%) increase from each month occupying the Leased Premises thereafter. In addition to the fixed
minimum rent Tenant agrees to pay monthly all Additional Rent as provided for in Article II of this
lease.
SECITON 20.02 Successors.
All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to
and bind the several respective heirs, executors, administrators, successors, and permitted assigns of the said
parties; and if there shall be more than one Tenant, they shall be bound jointly and severally by the terms,
covenants and agreements herein. No rights, however, shall inure to the benefit of any assignee of Tenant
unless the assignment to such assignee has been approved by landlord in writing as provided in Section
11.01 hereof. Nothing contained in this Lease shall in any manner restrict Landlord's right to assign or
encumber this Lease and, in the event landlord sells or transfers its interest in PAZ PLAZA and the purchaser
or transferee takes assignment of Landlord's interest in this Leasel Landlord shall thereupon be relieved of all
further obligations hereunder.
ARTICLE XXI
Quiet Enjoyment
Upon payment by the Tenant of the rents herein provided, and upon the observance and
performance of all the covenants, terms and conditions on Tenant's part to be observed and performed,
Tenant shall peaceably and quietly hold and enjoy the leased Premises for the term hereby demised
without hindrance or interruption by landlord or any other person or persons lawfully or equitably claiming
by, through or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XXll
Miscellaneous
SECITON 22.01 Accord and Satisfaction.
No payment by Tenant or receipt by Landlord of a lesser amount than the monthly rent herein
stipulated shall be deemed to be other than an account of the earliest stipulated rent, nor shall any
endorsement or statement on any check or any letter accompanying the check or payment as rent be
23
paz Plaza Ine.-2006
deemed an accord and satisfactionl and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance of such rent or pursue any other remedy provided in the Lease by law.
SEmON 22.02 Entire Agreement.
This Lease and the Exhibits, and any Rider or Addendum, if any, attached hereto and forming a part
hereof, set forth all covenants, promises, agreements, conditions and understandings between Landlord
and Tenant concerning the Leased Premises and there are no covenants, promises, conditions or
understandingsl either oral or written, between them other than as herein set forth. All understandings and
agreements heretofore made between Landlord and Tenant (including the agents and employees of either
the Landlord or Tenant) are merged into this Lease an~ any other written correspondence or agreements
made prior to the execution of this Lease are hereby terminated, and are null and void. This Lease fully and
completely expressed the agreements of the Landlord and Tenant which Lease is entered into by the
Landlord and Tenant after full investigation by each party, neither party relying upon any statement or
representation not embodied in this Lease or other written agreement executed simultaneously with this
Lease. No provision of this Lease may be amended or added to except by an agreement in writing signed by
the parties hereto or their respective successors in interest.
SEmON 22.03 No Partnership.
Landlord does not, in any way or for any purpose, become a partner of Tenant in the conduct of its
business, or otherwise, or joint venturer or a member of a joint enterprise with Tenant.
SEmON 22.04 Force Majeure.
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
other reason of a like nature not the fault of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay and
the period for the performance of any such act shall be extended for a period of such delay. The provisions
of this Section 22.04 shall not operate to excuse Tenant from the prompt payment of rent, percentage
rent, additional rent or any other payments required by the terms of this Lease.
SEmON 22.05 Notices.
(a) All notices shall be in writing.
(b) Any notice by Tenant to Landlord must be served by hand delivery, first class mail, or private
mail or delivery service, postage prepaidl addressed to Landlord at the address first hereinabove given or at
such other address as Landlord may designate by written notice.
(c) After commencement of the term hereof any notice by Landlord to Tenant shall be served by
hand delivery, first class mail, or private mail or delivery service, postage prepaid, addressed to Tenant at
the Leased Premises or at such other address as Tenant shall designate by written notice or by delivery by
Landlord to the Leased Premises or to such other address. Prior to the commencement of the term hereof
such notice may be given by Landlord by such mail or delivery at the address set forth in Section (d) of the
Lease Summary.
(d) Notice shall be deemed to be properly given if addressed to Tenant at its last known
address, if such first class mail is refused or otherwise not delivered.
SEmON 22.06 Captions and Section Numbers.
The captions, section numbers, article numbers and index appearing in this Lease are inserted
only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such
sections or articles of this Lease not in any way affect this Lease.
SEmON 22.07 Tenant Defined, Use ot Pronoun.
The word ''Tenant'' shall be deemed and taken to mean each and every person mentioned as a
Tenant herein be the same, one or more and if there shall be more than one Tenant any notice required or
permitted by the terms of this Lease may be given by or to anyone thereof, and shall have the same force
and effect as if given or to all thereof. The use of the neuter singular pronoun to refer to Landlord or Tenant
shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a
corporation, or a group of two or more individuals or corporations. The necessary grammatical changes
required to make the provisions of this Lease apply in the plural sense where there is more than one Landlord
or Tenant and to either corporations, associations, partnerships, or individuals, males or females, shall in all
instances be assumed as though in each case fully expressed.
24
paz Plaza, (ne,-2006
SEmON 22.08 Brokers Commission.
Each of the parties represents and warrants that it has dealt with no broker or brokers in connection
with the execution of this Lease, except as set forth in Section (5) of the Lease Summary, and each of the
parties agrees to indemnify the other against, and hold it harmless from, all liabilities arising from any claim
for brokerage commissions or finder's fees resulting from the indemnitor's acts (including, without limitation,
the cost of counsel fees in connection therewith) except as set forth in Section (5) of the Lease Summary.
SEmON 22.09 Partial Invalidity.
If any term, covenant or condition of this Lease or the application thereof to any person or
circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application
of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid
or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be
valid and be enforced to the fullest extent permitted by law.
SEmON 22.10 Effectiveness of Lease.
The submission of this Lease for examination does not constitute a reservation of or option for
the Leased Premises and this Lease becomes effective as a lease only upon execution and delivery thereof by
Landlord to Tenant, and the receipt of the full security deposit, and if paid by check, subject to
clearance.
SEmON 22.11 Recording.
Tenant shall not record this Lease or any memorandum thereof in any public records without the
written consent and joinder of Landlord.
SEmON '22.12 Liability of Landlord.
Anything contained in this Lease at law or in equity to the contrary notwithstanding Tenant expressly
acknowledges and agrees that there shall at no time be or be construed as being any personal liability by or
on the part of Landlord under or in respect of this Lease or in any way related hereto or the Leased Premises;
it being further acknowledged and agreed that Tenant is accepting this Lease and the estate created hereby
upon and subject to the understanding that it shall not enforce or seek to enforce any claim or judgment or
any other matter, for money or otherwise, personally or directly against any officer, director, stockholder,
partner, principal (disclosed or undisclosed, representative or agent of Landlord, but will look solely to the
Landlord's interest in the PAZ Pu\ZA for the satisfaction of any and all claims, remedies or judgments (or
other judicial process) in favor of Tenant requiring the payment of money by Landlord in the event of any
breach by Landlord of any of the terms, covenants or agreements to be performed by Landlord under this
Lease or otherwise, subject, however, to the prior rights of any ground or underlying lessors or the holders of
the mortgages covering the PAZ PU\ZA, and no other assets of Landlord shall be subject to levy, execution
or other judicial process for the satisfaction of Tenant's claims; such exculpation of personal liability as herein
set forth to be absolute, unconditional and without exception of any kind.
SEmON 22.13 Time is of the Essence.
Time is of the essence of this Lease and each and all of its provisions in which performance is a
factor.
SEmON 22.14 Estoppel Information.
When the commencement date is determined, Tenant agrees, upon request of Landlord, to execute
and deliver to Landlord, without charge and within ten (10) days following request therefor, a written
declaration in form satisfactory to Landlord: (i) ratifying this Lease; (ii) confirming the commencement and
expiration dates of the term of this Lease; (iii) certifying that Tenant is in occupancy of the Leased Premises,
the date Tenant commenced operating Tenant's business therein and that this Lease is in full force and effect
and has not been assigned, modified, supplemented or amended, except by such writings as shall be stated;
(iv) that all conditions under this Lease to be performed by Landlord have been satisfied, except such as shall
be stated; (v) that there are no defenses or offsets against the enforcement of this Lease by Landlord, or
stating those claimed by Tenant; (vi) reciting the amount of advance rental, if any, paid by Tenant and the
date to which rental has been paid; and (vii) reciting the amount of security deposited with Landlord, if any.
Tenant agrees to execute and deliver similar declarations at any time and from time to time and within ten
(10) days following request therefor by Landlord or by any mortgage lenders or ground or underlying lessor
and or purchaser'S of all or any portion of PAZ PLAZA, and each of such parties shall be entitled to rely upon
such written declaration made by Tenant. Tenant's failure or refusal to execute the declaration required
hereunder within ten (10) days following the request therefor will constitute a default hereunder and
Landlord shall have such rights and remedies against Tenant as is available to Landlord for Tenant's
25
paz Plaza. lnc.-2006
default.
SECfION 22.15 Cumulative Remedies.
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.
SECfION 22.16 Choice of Law.
This Lease shall be governed by the laws of the State of Florida.
SECfION 22.17 Affirmative Waivers.
Tenant, on behalf of itself and any and all persons claiming through or under Tenant, does hereby
waive and surrender all right and privilege which it, they or any of them might have under or by reason of
any present or future law, to redeem the Leased Premises or to have a continuance of this Lease after being
dispossessed or ejected therefrom by process of law or under the terms of this Lease or after the termination
of this Lease as provided in this Lease. Landlord and Tenant hereby waive trial by jury in any action,
proceeding or counterclaim brought by either against the other on any matter whatsoever arising out of or in
any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of
the Leased Premises, including, without limitation, any claim of injury or damage, and any emergency and
other statutory remedy with respect thereto.
SECfION 22.18 Preparation of Lease.
The submission by Landlord of the Lease in draft form shall be deemed submitted solely for Tenant's
consideration and not for acceptance and execution. Such submission shall have no binding force or effect
and shall confer no rights nor impose any obligations, including brokerage obligations, on either party unless
and until both Landlord and Tenant shall have executed the Lease and duplicate originals thereof shall have
been delivered to the respective parties.
SECfION 22.19 Counterparts.
This Lease may be executed in multiple copies, each of which shall be deemed an original, and all of
such copies shall together constitute one and the same instrument.
SECfION 22.20 Acceptance of Funds by Landlord.
No receipt of money by the Landlord from the Tenant after the termination of this Lease or after the
service of any notice or after the commencement of any suit, or after final judgment for possession of the
Leased Premises shall reinstate, continue or extend the term of this Lease or affect any such notice, demand
or suit.
SECfION 22.21 Radon Gas Notification.
Radon is a naturally occurring radioactive gas that when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health unit. Pursuant to
~404.056(8), Florida Statues.
SECfION 22.22 Storefront Sign Installation.
Tenant shall install Tenant's storefront sign in accordance with the provisions of the Sign Criteria
contained in Exhibit "G", attached hereto, prior to opening for business pursuant to the terms and provisions
of this Lease. Sign shall be lit every day of the year from dusk to dawn.
SECfION 22.23 Minimum Days Open.
Tenant shall keep the Leased Premises open for business not less than six (6) days each week; hOwever,
Tenant may close for business on nationally recognized holidays and on recognized religiOUS holidays.
SECITON 22.24
Attachments
Exhibits One, A, 6, C, D, E, F, G, H, and any Guaranty form as well as any Riders or Addenda which
are attached to this Lease are a part of this Lease and are incorporated herein as if fully set forth herein.
26
paz Plaza.. Inc.-2006
IN WITNESS WHEREOF Landlord and Tenant have signed and sealed this Lease on the day and year
first below written.
Signed, sealed and delivered in the presence of:
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LIST OF EXHIBITS
EXHIBIT ONE
Site Plan of PAZ PLALk
:::XHIBIT "A"
identification of Leased Premises
EXHIBIT "B"
Legal Description
EXHIBIT "C"
Description of Landlord's Work and Tenant's Work
EXHIBIT "D"
Rules and Regulations for Tenant Construction Work
EXHIBIT "E"
Heating and Air Conditioning Maintenance Provision
EXHIBIT "F"
Rules and Regulations of PAZ PLAZA
EXHIBIT "G"
Sign Criteria
EXHIBIT "H
Tenants Work
EXHIBIT B
LEGAL DESCRIPTION
That portion of tract 7, Palm Beach Farms Company Plat Number 8, according to the Plat thereof on
file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 5, page 73, lying north of right-of-way of State Road 804, less the north 27 feet
thereof conveyed to Lake Worth Drainage District by official record book 3655, page 1979,
Palm Beach County Public Records.
EXHIBIT C
DESCRIPTION OF LANDLORD'S WORK AND TENANTS WORK
Landlord will complete a demising wall between units five and six, otherwise the Tenant accepts the premises
in their present state.
TENANT SHALL BE RESPONSIBLE FOR THE COST OF ALL IMPROVEMENTS NOT LISTED ABOVE.
TENANT AGREES:
1 To deliver to Landlord, within fifteen (15) days from the date of this Lease, a drawing setting forth
those improvements required by Tenant in addition to those improvements provided by Landlord.
Upon receipt of Tenant's drawings Landlord shall review improvement plans and shall, within ten
(10) days thereafter return said improvement plans, either indicating approval by signing two (2)
copies or indicating any additional revisions.
2 To promptly commence, at Tenant's sole expense, the installation of fixtures, equipment and any
of Tenant's Work upon substantial completion of Landlord's Work.
3 To be bound by all of the provisions of this Lease and obtain insurance, complying with the
provisions of this Lease, at all times after entry not withstanding the fact that the term of the
lease shall not have commenced.
4 To provide, at Tenant's sole expense, an exterior sign conforming exactly to the sign criteria attached
to this Lease, as a part of Tenant's obligation under the terms of this Lease.
2Y
Paz Plaza. Inc.-Z006
EXHIBIT "D"
RULES & REGULATIONS FOR TENANT CONSTRUCTION WORK
1. All work shall be performed between 7:00 a.m. and 8:00p.m. Monday through Saturday. Night or
Sunday schedule only with prior consent of Landlord, with a minimum 24-hour notice to Landlord.
2. Tenant shall provide a list of contractor, subcontractors, materialmen, suppliers, etc. to
Landlord upon request.
3. Tenant's contractor shall not order or consign shipments to Leased Premises in Landlord's
name. Landlord has no responsibility for accepting/receiving materials and supplies (Landlord held harmless
from theft, casualty, etc. of materials, supplies, equipment, etc.).
4. Tenant's contractor shall abide by all federal, state, and local laws, including but not limited to
laws and regulations affecting the safety of persons and property on the Leased Premises or in PAZ PLAZA.
5. Tenant's contractor shall not interfere with any work being performed in or on PAZ PLAZA or with
the conduct of business of any other tenant.
6. All Tenant construction activities are to be coordinated through the office of Landlord.
7. Tenant's contractor shall remove all trash and debris (including dust, spills, stains, etc.) daily or
as often as needed so there is no accumulation or about the Leased Premises and never in the Common
Area(s). Any trash or debris in Common Area(s) may only be in transit. Use of common trash container or
any other container in or about PAl. PLAZA may occur only with prior written consent of Landlord.
Contractor may provide its own container only with prior written consent of Landlord and in area designated
by Landlord which container must be emptied daily or more often if needed.
8. Work shall be performed only in the Leased Premises and never in Common Areas except
connections, if necessary, for plumbing, mechanical/electrical, security, or communications systems,
9. Tenant shall secure utility services prior to commencement of any work. If Tenant's
contractor utilizes Landlord's or Common Area utilities (water, electric, etc.), Tenant will pay Landlord
$100.00/day for such usage.
10. Any interruption of building or other Tenant mechanical/electrical (including HVAC),
plumbing, security or communications services required due to connection shall occur only with Landlord's
express prior consent (with a minimum 48-hour notice to Landlord), and must occur prior to 7:00 a.m. or
after 8:00 p.m. or at such other time as Landlord may designate.
11. Contractors shall park, deliver, and use entrances, stairwells, elevators, and other areas only
as designated by Landlord. Access to the roof, if required, will be permitted only with express prior consent
of Landlord (with a minimum 48-hour notice)
12. No fumes or odors (including but not limited to paint, varnish, or solvents) will be permitted to
permeate the Common Areas within PAl. PLAZA or other Tenant premises. Any use of such materials that
may activate life safety systems is permitted only with express prior consent of Landlord (with a minimum 48-
hour notice).
13. Tenant and Tenant's contractor are responsible for any damage to PAZ PLAZA, Common Areas,
or other Tenant premises that may occur as a result of Tenant's construction or construction activities.
14. Any damage, accident, or casualty that occurs during the Tenant's construction must be reported
by a written damage report and/or accident/casualty report submitted by the Tenant to the Landlord. Such
written report shall be delivered to Landlord no later than forty-eight (48) hours after the damage, accident
or casualty occurs.
30
Paz Plaza, Inc.-2006
EXHIBIT "E"
HEATING AND AIR CONDmONING MAINTENANCE PROVISION
1. For any equipment or component exclusively serving the Leased Premises, Tenant will obtain a
full-service maintenance contract with a licensed contractor (the Contractor) acceptable to the Landlord, with
service to be performed not less frequently than semi-annually. Tenant must provide evidence of such service
contract and renewals to Landlord. The cost of any repairs to the air conditioning equipment is the
responsibility of the Tenant.
2. The Contractor's access to the Leased Premises will be provided by the Tenant and will be allowed
only during normal business hours.
3. In the event a Tenant system or component is to be replaced, Tenant is required to inform
Landlord prior to the commencement of any work and must abide by the provisions of Article III, and Exhibits
D and I of the Lease. Additionally, Tenant must provide Landlord with evidence of warranty(ies) upon
request for the original system or any replaced system.
EXHIBIT "F"
BUILDING RULES AND REGULATIONS
1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors or halls
shall not be obstructed or encumbered, nor shall they be used for any purpose other than ingress and egress
to and from the Leased Premises or Common Areas. No show cases or other articles shall be put in front of
or affixed to any part of the exterior of the Building, nor placed in the halls, corridors or vestibules without
the prior written consent of the Landlord.
2. No awnings or other projections shall be attached to the outside walls of the Building without the
Landlord's prior written consent. No curtains, blinds, shades, interior window treatments or screens shall be
attached to or hung in, or used in connection with, any window or door of the Leased Premises, without the
prior written consent of the Landlord. Such awnings, projections, curtains, blinds, shades, interior window
treatments screens or other fixtures must be of a quality, type, design and color, and attached in the manner
approved by the Landlord.
3. No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed
on any part of the outside or inside of the Leased Premises or the Building without the Landlord's prior
written consent. In the event of the violation of the foregoing, Landlord may remove same without any
liability, and may charge the expense incurred by such removal to the Tenant or Tenants violating this rule.
Interior signs on doors and directory tablet shall be inscribed, painted or affixed for each Tenant by the
Landlord and the Tenant's expense and shall be of a size, color and uniform style acceptable to the Landlord.
"Sign" (as used in the Lease and these Rules) is not limited to, but shall include, raised or illuminated or back
lit lettering. Any and all signs shall be in accordance with applicable law and with aesthetic and other criteria
developed by the Building's architect.
4. The skylights, windows and doors that reflect or admit light into the halls, passageways or other
public places in the Building shall not be covered or obstructed by any Tenant.
5. Lamps, other lighting, appliances, equipment, fixtures and machinery in the Leased Premises
demised to Tenants which use electrical energy or water shall be disconnected or switched off other than
during hours (i) the Building is required to be open, and (ii) the Tenant is open for business, except if and to
the extent necessary to prevent food spoilage or other health hazard, except clocks, and except for
items approved in writing as necessary for Tenant's business.
6. The toilets and urinals and other plumbing fixtures in common areas or in Leased Premises shall
not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish,
rags, or other substances shall be thrown into them. All damages resulting from any misuse of the fixtures
shall be borne by the Tenant who, or whose servants, employees, agents, visitors or licensees, shall have
caused the same. Waste and excessive or unusual use of water shall not be allowed.
7. No Tenant shall mark, paint, drill into, or in any way deface any part of the Leased Premises
31
paz Plaza, Ine.-2006
demised to him or it, or the Building of which they form a part. Nor boring, cutting or stringing of wires shall
be permitted, except with the prior written consent of the Landlord, and as the Landlord may direct. The
expense of any breakage, stoppage or damage resulting from a violation of this Rule shall be borne by the
Tenant who has caused such breakage, stoppage or damage.
8. No bicycles, vehicles or animals of any kind shall be brought into or kept in or about the Building,
and no cooking shall be done or permitted by any Tenant on the Building without written consent of Landlord
which may be withheld for any reason. No Tenant shall cause, suffer or permit any unusual or objectionable
odors or any nuisance, to be produced upon or permeate from any of the Leased Premises demised to him
or it.
9. No space on or in the Building shall be used for manufacturing, for the storage or retail sale
of tangible personal property of any kind, unless Landlord gives its prior written consent to such
manufacturing, storage or retail sale, which consent may be unreasonably withheld.
10. No Tenant shall make, or permit to be made, any unusual or disturbing noises, or disturb or
interfere with occupants of this or neighboring buildings or premises or those having business with
them. No Tenant shall throw anything out of the doors, windows or skylights or down the elevator shafts or
along or across the hallways, lobby or other common areas.
11. No Tenant, nor any of the Tenant's servants, employees, agents, visitors or licensees, shall
at any time bring or keep fluid, chemical or substance, or any matter forbidden or regulated by any insurance
company at risk with respect to all or any part of the Building.
12. No additional locks or bolts of any kind shall be placed upon any of the doors or windows, nor
shall any changes be made in existing locks or the mechanism thereof, without the express written consent of
Landlord. Each Tenant must, upon the termination of his Lease, return to the Landlord all keys and access
cards, either furnished by Landlord to, or otherwise procured by such Tenant, and in the event of the loss of
any keys so furnished, the Tenant shall pay to the Landlord the cost thereof. Neither Tenants, nor their
agents or employees shall have any duplicate keys made.
13. All furniture, building supplies and materials, safes and other heavy property, equipment,
machinery and other freight must be moved into and within the Building under the Landlord's supervision and
according to such regulations as may be posted in the management office of the Building, but Landlord will
not be responsible for loss of or damage to such freight from any cause.
14. When electric wiring of any kind is introduced it must be connected as directed by the Landlord
and no boring or cutting for wires will be allowed except with the Landlord's consent.
The location of telephones, telegraph instruments, electric appliance, call boxes, etc., shall be prescribed
by the Landlord. No apparatus of any kind shall be connected with the electric wiring without the written
consent of the Landlord. The Tenant agrees not to use or connect with the electric wires any more lights
than are provided for in each room, or any electric lamp of higher candlepower than provided, or any fan,
motor or other apparatus without the Landlord's written consent. The Tenant agrees not to connect with the
water pipes any apparatus using water, without the express prior written consent of the Landlord.
15. Landlord shall have the right to prohibit any advertising by and Tenant which, in Landlord's
opinion, tends to impair the reputation of the Building or its desirabllity as an Building for offices, and upon
written notice from Landlord, Tenant shall refrain from or discontinue such advertising.
16. The Leased Premises shall not be used for lodging or sleeping or for immoral or illegal purposes.
17. Canvassing, soliciting and peddling in the Building or surrounding area is prohibited and each
Tenant shall cooperate to prevent the same. No part of the Building Common Areas shall be used by any
Tenant, or any agent or employee of a Tenant, for any advertising, political campaigning or other similar
use, including, without limitation, the dissemination of advertising or campaign leaflets or flyers.
18. The Landlord may waive or modify anyone or more of these rules for the benefit of any
particular Tenant of the Building, but no such waiver by the Landlord of any such rule or rules shall be
construed as a waiver or modification of such rule in favor of any other Tenant or Tenants of the Building,
nor prevent the Landlord from thereafter enforcing any such rule against any or all of the Tenants of the
Building.
19. Landlord reserves the right to make such other and further rules and regulations as in its
judgment may from time to time be necessary for the safety and cleanliness of, and for the preservation of
good order in the Building and its Common Areas. If a segment of the parking lot is designated for use by
Tenant and its employees, Tenant will cooperate with Landlord in having its employees only park therein.
20. Reference to Landlord herein shall at Landlord's discretion refer to the then building
manager, if any.
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paz Plaza, Ine.-2006
21. No materials may be stored or temporarily placed in halls, stairwells, elevators or any Common
Areas. Any materials of the Tenant will be safely and cautiously brought upon through the halls, stairwells,
elevators or any Common Areas. Tenant will clean any refuse or remove any materials from these areas.
22. Tenant shall have access to the roof of the Building only for he purpose of maintaining and
repairing that part of the heating, air conditioning and ventilating system individually serving that Tenant's
Leased Premises located thereon, subject to the following:
(a) Only professional maintenance or repair persons designated by the Tenant may enter
onto the root.
(b) Roof access is only permitted during daylight hours.
(c) Tenant assumes full responsibility for the acts of such professionals and will reimburse
any other party for any damage caused to person or property by such professionals or the Tenant's
employees or agents to the transmitting and receiving devices and other systems and/or machinery on the
roof.
(d) Tenant shall give prior notice to Landlord of Tenant's intention to allow its employees or
agents on the roof,
24. Business machines and mechanical equipment used by any Tenant of the Building which cause
vibration or noise that may be transmitted to any other portion of the Building, to such a degree to be
reasonably objectionable to Landlord or any other Tenant, shall be placed and maintained by such Tenant at
its expense in a setting of cork, rubber, or spring-type vibration isolators sufficient to eliminate such
vibrations or noise.
33
paz Plaza. Inc.-2006
EXHIBIT G
Sign Criteria
Project: PAZ PLAZA
THE FOLLOWING REQUIREMENTS ARE TO BE OBSERVED BY ALL LESSEES:
1 ONE "SIGN SPACE" SHALL BE ALLOWED FOR EACH LEASE (EXCEPT AS OTHERWISE APPROVED IN
WRmNG). TENANT SHALL VERIFY HIS SIGN SIZE, SPACE, AND LOCATION WITH OWNER OR
ARCHITECT BEFORE FABRICATION.
2 TWO COPIES OF SIGN LAYOlIT AND SHOP DRAWINGS ARE TO BE SUBMffiED TO THE OWNER OR
ARCHITECT FOR WRTITEN APPROVAL PRIOR TO FABRICATION AND SUBMffiAL TO GOVERNING
AUTHORITIES FOR PERMITS.
3 SIGNS BUILT WITHOUT APPROVAL OR CONTRARY TO CORRECTIONS WILL BE ALTERED TO
CONFORM WITH THESE STANDARDS AT THE LESSEE EXPENSE.
4 NO FLASHING OR ANIMATION OF SIGNS WILL BE PERMffiED.
5 NO EXPOSED ELECTRICAL TUBING OR "CROSS-OVER" WILL BE PERMITTED,
6 NO PROJEcnONS ABOVE OR BELOW THE SIGN PANEL WILL BE PERMITTED.
7 ALL LETTERING SHALL BE RESTRICTED TO THE SIGN AREA. SIGN AND LETTER SIZE PER CITY
OF BOYNTON BEACH CODE.
8 SYMBOLS, SPACING AND COLORS ARE SUBJECT TO THE OWNER OR ARCHITECT'S WRmEN
APPROVAL OF THE SIGN PLAN.
9 COLOR FOR EXPOSED PORTIONS OF SIGN FACE AND FRAME SHALL BE AS NOTED HERIN.
10 SIGN SHALL BE LOCATED AS SHOWN ON ATTACHED DRAWING.
11 ALL SIGNS SHALL COMPLY WITH CITY SIGN ORDINANCES.
12 TENANTS SHALL PAY FOR THE INSTALLATION AND MAINTENANCE OF ALL SIGNS DENOTING
THEIR PREMISES. LANDLORD WILL PROVIDE PRIMARY ELECTRICAL SERVICE AT THE CENTER
ALLOWED SIGNAGE AREA. THE TENANT SHALL PROVIDE ALL OTHER INSTALLATION, INCLUDING
FINAL CONNECTION TRANSFORMERS, AND ALL OTHER LABOR AND MATERIALS FOR SIGN
INSTALLATION.
13 IT IS THE RESPONSIBILITY OF THE TENANTS SIGN COMPANY TO VERIFY ALL CONDUIT
AND TRANSFORMER LOCATIONS AND SERVICE PRIOR TO FABRICATION.
14 TYPICAL ILLUMINATED SIGN NOTES:
A SIGN SHALL BE ATTACHED IN DESIGNATED AREAS ONLY AND MAY NOT EXCEED 75% 01-
THE LEASEHOLD WIDTH.
B LETTER SIDEWALLS SHALL BE PAINTED WITH AT LEAST ONE PRIMER COAT AND A FINAL
BLACK ENAMEL COAT.
C SIGN TO BE COMPOSED OF INDIVIDUAL METAL CHANEUZED LETTERS WITH BLUE.
ACRYUC FACES (3/16" THICK MIN.) AND 3/4" TRIM CAP FASTENED TO THE EXTRUDED
ALUMINUM SIDES IN AN APPROVED MANNER. SUBMTITED TO THE OWNER FOR
APPROVAL.
D INDIVIDUAL METAL CHANEUZED LETTERS TO BE INTERNALLY ILLUMINATED WITH 60
MILU-AMP NEON AND INSTALLED IN ACCORDANCE WITH THE NATIONAL BOARD OF FIRE
UNDERWRITERS SPECIACATIONS.
E LETTERS WILL BE MOUNTED IN THE SMALLEST ALLOWED METAL RACEWAY
TO BE ATTACHED TO THE BUILDING. RACEWAY TO BE THE SAME COLOR OF THE
BUILDING.
34
paz Plaza. Inc.-2006
Sign Criteria
Project: PAZ PLAZA
15 ALL EXTERIOR SIGNS, BOLTS, FASTENINGS, AND CLIPS SHALL BE ENAMELING IRON WITH
ENAMEL FINISH, STAINLESS STEEL, ALUMINUM, BRASS OR BRONZE. NO BLACK IRON
MATERIALS OF ANY TYPE WILL BE PERMITTED.
16 NO LABELS WILL BE PERMITTED ON THE EXPOSED SURFACE OF SIGN EXCEPT THOSE
REQUIRED BY LOCAL ORDINANCE WHICH SHALL BE APPLIED IN AN INCONSPICUOUS
LOCATION.
17 SIGN COMPANY SHALL CARRY WORKMEN'S COMPENSATION AND PUBLIC LIABILITY INSURANCE
AGAINST ALL DAMAGE SUFFERED OR DONE TO ANY AND ALL PERSONS AND/OR PROPERTY
WHILE ENGAGED IN THE CONSTRUcrION OR EREcrION OF SIGNS IN THE AMOUNT OF
$300,000/ $500,000.
18 ENTIRE DISPLAY SHALL BE GUARANTEED FOR AT LEAST ONE (1) YEAR AGAINST DEFECTS IN
MATERIALS AND WORKMANSHIP. DEFEcrIVE PARTS SHALL BE REPLACED WITHOUT CHARGE.
ALL COMPANIES BIDDING TO MANUFACTURE
ALL COMPANIES BIDDING TO MANUFACTURE SIGNS ARE ADVISED THAT NO SUBSTITUTES WILL BE
ACCEPTED BY LANDLORD WHATSOEVER, UNLESS SO INDICATED IN THE SPEOFICATIONS AND APPROVED
BY LANDLORD AND TENANT. ANY DEVIATION FROM THESE SPEOFICATIONS MAY RESULT IN
LANDLORD'S REFUSAL TO ACCEPT THE SIGNALL MANUFACTURERS ARE ADVISED THAT PRIOR TO
ACCEPTANCE AND FINAL PAYMENTEACH SIGN WILL BE INSPECTED FOR CONFORMANCE BY A
REPRESENTATIVE OF PAZ PLAZA. ANY SIGNS NOT FOUND IN CONFORMANCE WITH THE SPECIFICATIONS
WILL BE REJECTED AND REMOVED AT THE TENANTS EXPENSE. THE INTENT OF THE FOLLOWING SIGN
CRITERIA IS TO OFFER THE TENANT FLEXlBILTIY, AND TO ENCOURAGE DIFFERENT lYPES OF LEITER
STYLES. THE SPEOFIED SIGNS WILL OFFER BOTH MAXIMUM IDENTITY AND MAXIMUM AESTHETIC
QUALITY WHICH BENEFITS THE TENANT AND THE SHOPPING CENTER. SIGNS SHALL BE COMPOSED OF
INDIVIDUAL OR SCRIPT LETTERING. SIGN BOXES AND CANS WILL NOT BE PERMTITED. LOGOS WILL BE
CONSIDERED ON A CASE BY CASE BASIS. COLORS OF LOGOS WILL ALSO BE APPROVED ON A CASE BY
CASE BASIS.
35
paz Plaza, Ine.-2UUU
Sign Criteria
Project: PAZ PLAZA
*
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Typical shop elevation
1. SIGN COMPANIES BIDDING TO DO WORK IN PAZ PLAZA SHALL BE APPROVED BY LANDLORD.
2. MAXIMUM SIGN AREA NOT TO EXCEED 1.5 SQUARE FEET OF SIGN PER UNEAl FOOT OF
LEASEHOLD WIDTH.
3. NeT SIGN AREA OF INDMDUAL LETTERS TO BE CENTERED ON FASOA VERTICAllY AND
HORIZONTALLY.
4. NO MORE THAN 1WO ROWS OF LETTERS ARE PERMITTED.
36
~~
tilt.
Paz Plaza, Inc.-20Gb
EXHIBIT "H"
TENANT'S WORK
1. Submission of Plans and Specifications. Tenant shall make no changes or alterations in or to the
Leased Premises of any nature without Landlord's prior written approval. Prior to commencing any work in
the Leased Premises, Tenant shall submit to Landlord for Landlord's written approval complete drawings,
plans and specifications (herein collectively referred to as "Tenant's Plan") for the improvements and
installations to be made by Tenant (herein collectively referred to as "Tenant's Work"). Tenant's Plan shall
be fully detailed, shall show complete dimensions, shall not be conflict with Landlord's basic plans for the
Building, shall not require any changes in the structure of the building and shall not be in violation of any
laws, orders, rules or regulations of any governmental department or bureau having jurisdiction of the Leased
Premises.
2. Review of Plans bv Landlord. After submission to Landlord of Tenant's Plan, Landlord shall either
approve same or shall set forth in writing the reasons Landlord does not approve same, in which latter case
Tenant shall, within five (5) days after Landlord's notification, return to Landlord appropriate corrections
thereto. Such corrections shall be subject to Landlord's approval. Tenant shall pay to Landlord, promptly
upon being billed and as Additional Rent, any charges or expenses Landlord may incur in reviewing Tenant's
Plan. Tenant agrees that any review or approval by Landlord of Tenant's Plans is solely for Landlord's
benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy,
correctness or efficiency thereof or otherwise.
3. Revisions bv Tenant. Tenant further agrees that if Tenant makes any changes in Tenant's Plan
subsequent to its approval by Landlord and if Landlord consents to such changes, Tenant shall pay to
Landlord all costs and expenses caused by such changes, which Landlord may incur or sustain by reason of
delays or changes necessitated in the performance by Landlord of any construction or work it is performing in
the Building; it being understood and agreed, however, that Landlord shall have the right to refuse to
consent to any such changes. Any charges payable under this Paragraph 3 shall be paid by Tenant from time
to time upon demand as Additional Rent, whether or not the Lease term shall have commenced.
4. Corrections by Landlord. If Tenant fails to correct Tenant's Plan in any particular as hereinabove
required, Landlord shall have the right to make such corrections on Tenant's behalf; but the foregoing right
shall not preclude the exercise by Landlord of any other right or remedy which it may have in such event.
5. Diliqent Comoletion. Following compliance by Tenant with its obligations under the foregoing
Paragraphs, Tenant shall timely commence Tenant's Work in order to complete same within a reasonable
period of time. Tenant's Work shall be diligently pursued and shall be performed in a good and workman
like manner.
6. Work Schedules. Tenant agrees that in the performance of Tenant's Work (i) neither Tenant nor
its agents or employees shall interfere with the work being done by Landlord and its agents and employees,
(ii) that Tenant shall comply with any reasonable work schedule, rules and regulations proposed by
Landlord, its agents or employees, (iii) that the labor employed by Tenant shall be harmonious and
compatible with the labor employed by Landlord in the Building, it being agreed that if in Landlord's
judgment the labor is incompatible Tenant shall forthwith upon Landlord's demand withdraw such labor
from the Leased Premises, (iv) that Tenant shall procure and deliver to Landlord workmen's compensation,
public liability, property damage and such other insurance policies, in such amounts as shall be reasonably
acceptable to Landlord in connection with Tenant's Work, and shall upon Landlord's request cause Landlord
to be named as an insured thereunder, (v) that Tenant shall hold Landlord harmless from and against any
and all claims arising from or in connection with any act or omission of Tenant or its agents or employees,
(vi) that Tenant's Work shall be performed in accordance with the approved Tenant's Plan and in compliance
with the laws, orders, rules and regulations of any governmental department or bureau having jurisdiction of
the Leased Premises, (vii) that Tenant shall promptly pay for Tenant's Work in full and shall not permit any
lien to attached to the Leased Premises or the Building, and (viii) that Tenant shall, upon completion of
Tenant's work, provide to Landlord a final affidavit of contractor and final releases or waivers of liens
from all subcontractors and suppliers engaged in connection with the performance of Tenant's work.
37
Time and Date of Meeting 10;((; /0 (, (? <.3 rtJ
Tho~!:r~: ft1;
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PRE-APPLICATION CONTACT QUESTIONS
Applicanfs Name: ~ 11~ Phone: flJ'I- 3"".(- O.3A3
1. HA VB YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes /' No
(IF YES, HA VB THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME: ~
2. LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS)
PAz.. PLf42)4 _ ~ ~ ~ L.. /")
rJ d!!t~ ~ ~ ~ !!: ~."f- d ''''P .1 'y ;. ~J /,,~--0
3. WHAT WOULD YOU LIKE TO DO?
NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
COMMERCIAL PROPERTY?
RESIDENTIAL PROPERTY?
INDUSTRIAL PROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
4. TIME AND DATE PREFERRED
5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call them to confirm the meeting.
..................................................................................
· Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. Ifurgency is sensed, discuss with Mike.
· Meetioe:s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m.
S:\Planning\Planning\Pre-App Fonn pp 1-3\Pre-application Fonn p l.doc
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Date ;' 0 / I 0/ () b Time Started 3.- 00 Time Finished
Attending las Applicant=----mr~ P.e ~ d ~'
Phone 9...J'Lf....3 0( J. o.32.l.5 Fax
Applicant Must Initial for Receipt of
Art in Public Places Ordinance 05-060_ and Art Program Info Sheet:
Proposed Project Information
Proposed Project Name and
Type/U se Q, ; IS Qfi- r:o a...r
Site Location (Address if Available)
Site PCN
Existing Zoning t!- - 2> ~
Existing Land Use.Density
Anticipated Submittal Date
~~ol
IN ~1?J BC vel
Proposed Zoning
Proposed Land Use/Density
/
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
. Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as related to the proposed development and to discuss site plan review procedures.
Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff
comments may be forthcoming based on actual plans submitted for review.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
laus submitted for review.
City of Boynton Beach Attending for Applicant
Attendin Staff
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PROJECT NAME: Jerry's Cigar Lounge
LOCATION: 3301 W. Boynton Beach Blvd Paz Plaza
PCN: 08-43-45-30-01-007-0010
I FILE NO.: CODS 07-001 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Jerry V. Pearson
Jerry Pearson II ADDRESS: same
ADDRESS: 4772 NW 90th Way FAX:
Coral Springs, FL 33067 PHONE:
FAX: 954-344-7345
PHONE: 954-325-1975
E-Mail: JVP23@aol.com
SUBMITTAL / RESUBMITTAL 12/19/06
1 ST REVIEW COMMENTS DUE: 1/3/07
PUBLIC NOTICE/ SIGNS 30 days / 10 days
IPARC: 2/17/07
TART MEETING: 1/23/07
LEGAL AD 2/17/07
PLANNING & DEVELOPMENT BOARD 2/27/07
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 3/20/07
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001\2006 PROJECT TRACKING lNFO.doe