R02-075 RESOLUTION R02- O'l ~"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Staff recommends the approval of a Lease Agreement
between The Boynton Beach Faith Based Community Development Corporation and the
City of Boynton Beach for the property located at 2191 North Seacrest Boulevard; and
WHEREAS, the City has reentered the property and has made it available for a
non-profit organization interested in furthering community development; and
WHEREAS, this Community Based Development organization carries out
neighborhood revitalization efforts that have a positive impact on the target areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and
hereby ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute a Lease Agreement
between the City of Boynton Beach and The Boynton Beach Faith Based Community
Development Corporation, a copy of which Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
LEASE AGREEMENT
THIS IS A LEASE AGREEMENT, made this
and between:
· day of ["el ~,~
,2002, bv
CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized
and operating pursuant to the laws of the State of Florida, with an address of 100
East Boynton Beach Boulevard, Boynton Beach, Florida, hereinafter referred to
as "LESSOR";
and
FAITH BASED COMMUNITY DEVELOPMENT CORPORATION,
hereinafter referred to as "LESSEE";
For and in consideration of the rents reserved and the agreements and covenants herein contained,
the LESSOR does hereby lease and demise tmto the LESSEE, and the LESSEE does hereby hire
and take from the LESSOR, the vacant parcel of land specified below (hereinafter the "Property")
upon the terms and conditions set forth herein.
2191 N. Seacrest Blvd.
Boynton Beach, Florida
ARTICLE I. FUNDAMENTAL LEASE PROVISIONS
LESSOR
LESSEE
Property:
Name:
Address:
Telephone No.:
Facsimile No.:
City of Boynton Beach
100 East Boynton Beach Blvd., Boynton Beach, Florida
561/742-6000
561/742-6011
Name:
Address:
Telephone No.:
Facsimile No.:
Boynton Beach Faith Based Community Development
Corporation
428 NW 3rd Ave., Boynton Beach, Florida 33435
See legal description attached as Exhibit "A".
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Lease Term:
Monthly Base Rent:
Permitted Use:
One (1) Year
Plus two (2) one (1) year options to extend this ageement
$1.00
Offices and Administration uses. The use is to be limited to
activities to further community redevelopment.
Lease Effective Date:
Term Effective Date:
Rent Commencement
Date:
The date upon which the last party to execute the Lease shall be
deemed to be the Lease Effective Date.
The date on which the LESSOR and LESSEE execute this Lease
which shall entitle the LESSEE to full access and possession of the
leasehold property subject to the rent commencement provision set
forth below.
LESSEE shall be obligated to commence rental payments upon the
Lease effective date and monthly on the 1s~ day of each month
thereafter.
ARTICLE II. DEFINITIONS
The following definitions shall apply:
A. BASE RENT: The Base Rent to be paid by LESSEE pursuant to the provisions herein.
B. THE PROPERTY: The building and associated improvements, located at 2191 N.
Seacrest Boulevard, Boynton Beach, Florida, and more particularly described and depicted on
Exhibit "A".
C. HOURS OF OPERATION: LESSEE may designate its own hours of operation
between the hours of 7:00 a.m. through 10:00 p.m. Seven days a week. There shall be no hours
of operation outside the permitted hours of operation provided herein.
ARTICLE III. RENT AND OTHER CHARGE S
A. MONTHLY BASE RENT: LESSEE shall pay in advance to the LESSOR, without prior
demand, in lawful money of the United States, on the first day of each month, without any
deduction or off-set whatsoever throughout the term of this Lease, the sum specified as Base Rent
under Article 2. Such payment shall be made at the office of the LESSOR as set forth in Article I
or at such place LESSOR may from time to time designate by written notice directed to LESSEE
at the Property.
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B. TAXES: LESSEE acknowledges that it shall be responsible for the payment of any and all
real property taxes, if any, as well as any special assessments imposed against the leasehold
Property. LESSEE shall further pay, or cause to be paid, before delLnquency, any and all taxes
levied or assessed and ~vhich become payable during the Term hereof upon all LESSEE's leasehold
improvements, equipment, furniture, fixtures, and any other personal property located in the
Property. In the event any or all of LESSEE's leasehold improvements, equipment, furniture,
fixtures and other personal property shall be assessed and taxed with the real property, LESSEE
shall pay to LESSOR its share of such taxes within ten (10) days after delivery to LESSEE by
LESSOR of a statement in writing setting forth the amount of such taxes applicable to LESSEE's
property.
LESSEE shall at all times be further responsible for all applicable taxes, if any, including, but not
limited to, Florida Sales Tax arising out of or associated with this Lease Agreement.
LESSEE shall assume full responsibility for and shall pay all liabilities that accrue to the leased
Property or to the improvements thereon, including any and all drainage and special assessments
or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully
assessed and levied against the subleased Property.
C. INSURA~NCE: LESSEE shall be required to obtain insurance as set forth in Article VII set
forth herein and to identify LESSOR as an additional insured.
D. UTILITY CHARGES: LESSEE shall be solely responsible for and shall promptly pay all
charges for heating, air-conditioning (including a maintenance contract), electricity, telephone,
water, sewer, gas, janitor service and refuse removal and all other services and utilities and shall
also pay all costs and expenses for the installation of such Utilities and for the extension of any and
all lines necessary to provide such Utilities and services to the Property, and all connection fees,
assessments and charges related thereto.
ARTICLE IV. PROPERTY
A. QUIET ENJOYMENT: LESSOR covenants and agrees with LESSEE that so long as
LESSEE complies with the terms of this Lease, LESSEE shall have quiet and undisturbed
continuous possession of the Property 'for the Lease term.
B. USE OF THE PROPERTY: During the entire Lease Term, and all extended terms
thereof, the Property must be used and occupied for the sole use specified under Article I and for
no other purpose or purposes.
C. PERMITS AND LICENSES: LESSEE shall procure at its sole expense any and all
perm/ts and licenses required for the transaction of business in the Property and will at all times
comply with all applicable laws, ordinances and governmental regulations relating to the business
of LESSEE conducted at the Property.
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D. MAINTENANCE: LESSEE shall at all times keep and maintain the Property in good
order, condition and repair. LESSEE shall maintain the exterior of alt structures and all exterior
fixtures and improvements. LESSEE shall keep all parking areas free of debris. LESSEE shall
maintain all landscaping on the property.
E. ACCESS: LESSOR shall have right of access to the land and Property during operational
hours, without notice to LESSEE, for the purpose of inspecting for compliance with the terms of
the Lease. '~
F. EASEMENTS: LESSOR reserves alt rights to the air space over and under the Property.
G. IMPROVEMENTS: LESSEE shall have the right to fully equip the Property with
administrative office equipment, lighting fixtures, furniture, operating equipment, furnishings,
floor coverings and any other equipment necessary for the operation of LES SEE's organization.
If alterations become necessary because of the application of laws or ordinances or of the
directions, rules or regulations of any regulatory body to the business carried on by the LESSEE or
because of any act of default on the part of the LESSEE or because LESSEE has overloaded any
electrical or other facility, LESSEE shall make any required alterations whether structural or
nonstrucmral at its own cost and expense after first obtaining LESSOR's written approval of plans
and specifications. All improvements shall be in accordance with all Federal, State and Local
regulations and codes and will not commence prior to obtaining all applicable permits.
Provided LESSEE has fulfilled all of its obligations under the Lease upon expiration of the term of
this Lease, LESSEE Shall have the right to and agrees to promptly remove its equipment and
restore the Property to its pre-lease status.
H. LIENS: LESSEE agrees that it will make a prompt payment when due, of all costs and
expenses incurred in carrying out its agreement herein and of all costs and expenses of any repairs,
constructions or installations which are the responsibility of LESSEE hereunder. LESSEE agrees
to indemnify, defend and save LESSOR harmless from and against any/all liabilities incurred by
LESSEE including any mechanics, materialmen's, or laborers' liens asserted or claimed against the
Property or any part thereof on account of work, labor or materials used in the Property or in any
improvement or change thereof made at the request of, or upon the order of, or to discharge the
obligation of LESSEE. 'Should any mechanic's or other lien be filed against the Property or any
part thereof for any reason whatsoever, LESSEE shall cause the same to be cancelled and
discharged of record by bond or otherwise within thirty (30) days after the date of such filing. In no
event shall anything contained in this paragraph or elsewhere in the Lease be deemed to subject
LESSOR's interest in the Property to the lien of any person doing work or furnishing materials at
the instance and request of LESSEE.
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I. DESTRUCTION:
1. Partial Damage. "Partial Damage" means damage or destruction to the building of
which the Property are a part to the extent that the cost of repair is less than fifty percent (50%) of
the fair market value of the building immediately prior to such damage or destruction. If at any
time during the Term there is damage which falls within the classification of Partial Damage,
LESSEE shall, at LESSEE's option, either (i) repair such damage, in which event this Lease shall
continue in full force and effect, or (ii) give ~vritten notice to LESSOR within thirty (30) days after
the date of the occurrence of such damage of LESSEE's intention to terminate this Lease, which
termination shall be effective as of the date of notice.
2. Total Destruction. "Total Destruction" means damage or destruction to the building of
which the Property are a part to the extent that the cost of repair is fifty percent (50%) or more of
the fair market value of the building immediately prior to such damage or destruction. If at any
time during the Term there is damage which falls into the classification of Total Destruction,
LESSEE shall, at LESSEE's option, either (i) repair such damage within ten (10) months of the
date of such damage, or (ii) either LESSOR or LESSEE may terminate this Lease as of the date of
such Total Destruction.
J. ASSIGNMENT: LESSEE shall not assign, mortgage or encumber this Lease nor sublet
the Property or any part thereof to another party unless consented to by the LES SOR in writing.
K. TERMINATION: LESSOR may terminate this lease at any time by providing thirty (30)
days written notice to LESSEE. Upon the termination or expiration of the Lease, LESSEE shall
remove the statues and improvements, clean and clear all debris and surrender the Property to
LESSOR.
ARTICLE V. LIABILITY
A. INDEMNITY:
1. LESSEE agrees, represents, warrants and covenants that it shall indemnify, defend
and hold harmless the LESSOR (provided LESSOR is not negligent and/or is not in default under
the terms of this Agreement) from all suits, actions, damages, liabilities, expenses and attorney's
fees and costs in connection with the LESSEE's use of the Property, including but not limited to
loss of life, bodily or personal injury, property damage or loss of income arising from or out of any
occurrence in, upon or at or from the Property, unless caused by the LESSOR's gross negligence
or willful misconduct. In the event of any litigation arising out of this provision, the prevailing
party shall be entitled to recover its attorneys fees at the trial and appellate level as well as all
reasonable costs expended.
B. INSURANCE PROPERTY, LIABILITY AND OTHER INSURANCE: LESSOR shall
maintain at its own cost and expense all insurance policies providing coverage to the leasehold
Property, however, LESSEE shall be responsible for obtaining the following identified insurance
and showing LESSOR as an additional insured.
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Certificates of Insurance reflecting evidence of the required insurance shall be filed with the Citv's
Risk Manager prior ro the commencement of this Agreement. These Certificates shall contain a
provision that coverage's afforded under these policies will not be cancelled until at least forty-five
days (45) prior written notice has been given to the CITY. Policies shall be issued by compames
authorized ro do business pursuant to the laws of the State of Florida. Financial Ratings must be
not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best
Guide.
Insurance shall be in force until the obligations required to be fulfilled under the terms of this
Lease are satisfied. In the event the insurance certificate provided indicates that the insurance shall
terminate and lapse during the period of this Lease, then LESSEE shall furnish to LESSOR, at
least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of
insurance as proof that equal and like coverage for the balance of the period of the contract and
extension thereunder is in effect. The LESSEE shall not utilize the Property pursuant to this
contract unless all required insurance remains in full force and effect.
Commercial General Liability insurance to cover liability bodily injury and property
damage. Exposures to be covered are: Property, operations, products/completed
operations, and certain contracts. Coverage must be written on an occurrence basis, with
the following limits of liability:
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Combined Single Limit - each occurrence
Combined Single Limit general aggregate
Personal Injury
Products/Completed Operations Aggregate
Professional Liability
Limit $1,000,000
LESSEE shall be responsible to maintain any and all insurance necessary in an amount adequate to
cover the cost of replacement of all decorations and improvements, fixtures and contents in the
Demised Property in the event of a property loss.
ARTICLE VI. PERFORMANCE
A. DEFAULT: The following events shall be deemed to be events of default by LESSEE
under this Lease: If
1. LESSEE shall fail to pay any installment of Rent and such failure shall continue for
a period often (t0) days without notice or demand.
2. LESSEE shall fail to comply with any term, provision or covenant of this Lease,
other than payment of Rent and shall not cure such failure within fifteen (15) days after written
notice thereof to LESSEE.
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3. LESSEE shall become insolvent or shall make a transfer in fraud of creditors or
shall make an assignment for the benefit of creditors.
4. LESSEE shall file a petition under any section or chapter of the National
Bankruptcy Act, as amended, or under any similar law or statute of the United States or any State
thereof, or there shall be filed against LESSEE a petition in bankruptcy or insolvency or a similar
proceeding and any such proceedings shall not have been dismissed within thirty (30) days after its
commencement, or LESSEE shall be adjudged bankrupt or insolvent in proceeding filed against
LESSEE thereunder.
5. A receiver or Trustee shall be appointed for the Property or for all or substantially
all the assets of LESSEE.
6. LESSEE shall do or permit to be done anything that creates a lien upon the
Property, or any portion thereof subject to the LES SEE's fight to use.
B. REMEDIES: Upon the occurrence of any such events of default, LESSOR shall have the
option, without any notice or demand whatsoever to pursue any one or more of the following
described remedies in addition to all other rights and remedies provided at law or in equity or
provided elsewhere herein:
1. After the expiration of any grace periods or cure periods in the event of any such
default or breach by LESSEE, LESSOR may at any time thereafter, in its sole discretion, with or
without notice or demand and without limiting LESSOR in the exercise of any fight or remedy
which LESSOR may have by reason of such default or breach:
2. Terminate LESSEE's fight to possession of the Property by any lawful means, in
which case this Lease shall terminate and LESSEE shall immediately surrender possession of the
Property to LESSOR. In such event LESSOR shall be entitled to recover fi.om LESSEE any and all
damages incurred by LESSOR by reason of LESSEE'S default, including, but not limited to, the
cost of recovering possession of the Property, the expense of reletting, including necessary
renovation and alteration of the Property, reasonable attorneys' fees and costs, and damages in an
amount equal to the difference between the rental payments and other amounts due hereunder and
the fair rental value of the Property for the balance of the Lease Term, and that portion of any
leasing commission paid by LESSOR and applicable to the unexpired Term of this Lease. Unpaid
installments of Minimum Rent or other amounts due shall bear interest fi.om the date due at the
maximum legal rate, or
3. Resume possession by any lawful means and relet the Property for the remainder of
the Lease Term for the benefit of the LESSEE and recover fi.om LESSEE ~t the end of the Lease
Term, or at the time each rental payment becomes due under this Lease, as LESSOR may elect, the
difference between the amount of the rental payments due hereunder and the actual amount of rent
received after reletting the Property, together w/th all costs and expenses of LESSOR in connection
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with such reletting, and the costs of all repairs and renovations reasonably necessary in connection
with reletting the Property. In addition, LESSOR shall recover from LESSEE immediately any
other damages occasioned by or resulting fi:om the abandonment or a breach or default other than a
default in the payment of rent or other amount due hereunder, including reasonable attorneys' fees
and costs incurred.
4. Pursue any other remedy now or hereafter available to LESSOR under the laws or
judicial decisions of the State in which the Property are located.
C. NO WAIVER: Pursuit of any of the foregoing remedies shall not preclude pursuit of any
of the other remedies herein provided or any other remedies provided by law, nor shall pursuit of
any remedy herein provided constitute a forfeiture or waiver of any Rent due to LESSOR
hereunder or of any damages accruing to LESSOR by reason of the violation of any of the terms,
provisions and covenants herein contained. No action taken by or on behalf of LESSOR shall be
construed to be an acceptance or a surrender of this Lease. Forbearance by LESSOR to entbrce
one or more of the remedies herein provided upon an event of default shall not be deemed or
construed to constitute a waiver of such default. In determining the amount of loss or damage
which LESSOR may suffer by reason of termination of this Lease or the deficiency arising by
reason of any reletting of the Property by LESSOR as above provided, allowance shall be made for
the expense of repossession, including attorney's fees, any repairs or remodeling undertaken by
LESSOR following repossession and brokerage commissions.
The failure of the LESSOR or LESSEE to insist, in any one or more instances upon strict
performance of any of the covenants or agreements in this Lease, or to exercise any option herein
contained, shall not be construed as a waiver or a relinquishment for the future of such covenant,
agreement or option, but the same shall continue and remain in full force and effect. The receipt
by LESSOR of Rent, with knowledge of the breach of any covenant or agreement thereof, shall not
be deemed a waiver of such breach and no waiver by the LESSOR of any provision hereto shall be
deemed to have been made unless expressed in writing and signed by LESSOR.
D. INTERPRETATION: The covenants and agreements herein contained shall bind and the
benefits and advantages hereof shall inm'e to the respective heirs, legal representatives, successors
and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the
plural shall include the singular and the use of any gender shall include all genders. This Lease
may not be changed orally, but only by an agreement in writing and signed by the party against
whom enforcement of any waiver, change, modification or discharge is sought. The marginal notes
and headings of this Lease are inserted only as a matter of convenience and for reference and in no
xvay define, limit or describe the scope of intent or otherwise affect in any way this Lease. This
agreement shall create the relationship of LESSOR and LESSEE between the parties hereto. No
estate shall pass out of LESSOR. LESSEE shall have only an interest not subject to levy and sale
and not subject to assignment except in accordance with the provisions hereof. Should any of the
printed provisions of this Lease require judicial interpretation, it is agreed that the court
interpreting or construing the same shall not apply a presumption that the terms of any such printed
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provision shall be more strictly construed against one party by reason of the rule of construction
that a document is to be construed more strictly against the party who itself or through its agent
prepared the same it being agreed that the agents of all parties have participated in the preparation
of this Lease and that all terms were negotiable.
E. ENTIRE AGREEMENT: Notwithstanding anything herein contained or contained in any
other writings concerning the Property by either of the parties hereto, the parties hereto agreeing
herebv that all such other vcritings are hereby superseded and/or merged into this Lease which shall
be the entire agreement of the parties concerning said Property. This Lease shall not become
binding as such upon LESSOR unless all preliminary conditions required to be performed by
LESSEE are so performed. LESSEE acknowledges that LESSOR makes no representations as to
its ability to build or LESSEE's ability to conduct the business intended to be conducted on the
Property under said zoning laws and the rules and regulations of said public authority having
jurisdiction.
LESSEE acknowledges that LESSOR (including LESSOR's agents and employees) has not made
any statement, promise or agreement or taken upon 'itself any engagement whatsoever, verbally or
in writing, in conflict with the terms of this Lease, or that in any way modifies, varies, alters,
enlarges or invalidates any of its provisions and that no obligation of the LESSOR shall be implied
in addition to the obligations herein expressed.
ARTICLE VII. HAZARDOUS WASTES
A. LESSEE represents that it shall comply with all local, state and federal laws regulating
hazardous waste. Furthermore, LESSEE agrees that it shall be responsible for the lawful disposal,
storage and utilization of all substances that may be deemed to be "hazardous" under any of the
local, state or federal laws.
B. Corrective Action means investigation, active remediation, passive remediation, or
monitoring or any combination of these activities. Any Corrective Action performed by LESSEE
will be performed in accordance with applicable regx~latory requirements.
ARTICLE VIII. MISCELLANEOUS
A. BINDING EFFECT: The terms, provisions and covenants contained in this Lease shall
inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors-
in-interest and legal representatives except as otherwise expressly provided herein.
B. RADON GAS: In 1988, the Florida legislature passed a provision that requires the
following notification to be provided on at least one document, form or application executed at the
time of or prior to the Contract for Sale and Purchase of any building or execution of a rental
agreement for any building:
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"RADON GAS: 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."
C. SECURITY MEASURES: LESSEE assumes all responsibility for the protection of
LESSEE, its employees, agents and invitees from acts of third parties.
D. AUTHORITY: If LESSEE is a corporation, trust or general or limited parmership, each
individual executing this Lease on behalf of such entity represents and warrants that he or she is
duly authorized to execute and deliver this Lease on behalf of said entity. If LESSEE is a
corporation, trust or partnership, LESSEE shall, prior to or simultaneous with execution of this
Lease, deliver to LESSOR evidence of suCh authority satisfactory to LESSOR.
E. TIME OF ESSENCE: Time is of the essence of this Lease and 'each and every provision
hereof.
F. NOTICES: Notices shall be in writing delivered by hand, or by certified mail, return receipt
requested, or overnight delivery by nationally recognized service, to the addressee at the address set
forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of
receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified
mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile
transfer, by confirmation of transmission. Either party may change the address for notice to that
party by delivering written notice of such change in the manner provided above, such change to be
effective not sooner than ten (10) days after the date of notice of change. If either party relies upon
a hand delivery as described herein, then the party using this medium shall maintain an appropriate
receipt of delivery, in the normal course of business.
LESSOR:
Kurt Bressner, City Manager
City of Boynton Beach
100 Boynton Beach Boulevard
Boynton Beach, Florida
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
To:
James Cherof, City Attorney
Goren, Cherof, Doody, Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
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LESSEE:
G. RECORDING: Recordation. Neither LESSOR nor LESSEE shall record this Lease, nor
any memorandum hereof, in the Public Records of Palm Beach County, Florida, or any other
place. Any attempted recordation by LESSEE shall render this Lease null and void, and shall
entitle LESSOR to the remedies provided for herein by LESSEE's default.
H. PARTIAL INVALIDITY: If any provision of this Lease or application thereof to any
person or circumstance to any extent be invalid, the remainder of this Lease or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not
be affected thereby and each provision of this Lease shall be valid and enforced to the fullest
extent permitted by law.
I. VENUE: In any proceeding brought relative to the terms or provisions of this Lease,
venue shall be in Palm Beach County, Florida.
J. NO REPRESENTATION: LESSEE agrees and acknowledges that it has not relied upon
any market projections, master development plans, circulars, prospectus, advertisements, drawings,
phases, or any other representations made by the LESSOR, its employees and officers, brokers or
agents in executing this Lease other than those set forth herein. LESSEE has independently
determined the economic benefits of leasing the Property and agrees to indemnify and hold the
LESSOR harmless fi:om and against any and all loss, damage, claim, demand, liability or other
expense by reason of any damage to LESSEE, its employees and officers, brokers or agents which
may arise or be claimed to have arisen as a result of any representations made by the LESSOR, its
agents, officers, employees, or brokers with respect to the Property, Building, and/or Property.
K. ACCORD AND SATISFACTION: No payment by LESSEE or acceptance by LESSOR
of a lesser amount than the Minimum Rent or other amounts due hereunder shall be deemed to be
other than on account of the earliest Minimum Rent or other amount due, nor shall any endorsement
or statement on any check or payment, or any letter accompanying any check or payment, be
deemed an accord and satisfaction, and acceptance of such check or other payment shall be without
prejudice to LESSOR's right to recover the balance of such Minimum Rent or other amount due, or
pursue any other remedy provided herein or by law.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day
and year first written above.
LESSOR:
CITY OF BOYNTON BEACH
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,X\\,,,V,3 '~ T~ I III ill/Ill1/
ATTEST: ~ o .' ~'.
BY:--TJ~ PRAINITO, r ~c~-ra~ .-"
CIT, -,
iIIIiiiilIW~\\'9.
A~?ROVED AS TO FORM: ~
OFFICE OF THE CITY ATTORNEY
M"ayor /
LESSEE:
WITNESSES:
FAITH BASED COMMUNITY
DEVELOPMENT CORPORATION
STATE OF FLORIDA )
) ss
COUNTY OF PALM BEACH )
ON THIS /~'~'2gday of
pubhc, personally appeared ~r~/~ ~r-o~iq/l,l,~
has produced
subscribed to the foregoing instrument.
,2002, before me, the undersigned notary
, .personally known to me, or who
as identification, and is the person who
SEAL:
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
"~ EXPIRES: February24, 2004
NOTARY PUBLIC
Print or Type Name
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C:\WlNDOWS\Temporary Intemet Filcs\OLKF252~Faith Based Community Lease.doc
04/I 5/02
PASSED AND ADOPTED this ~ day of May, 2002.
Commissioner
C ommi ~i~mer .~'~.~-~
ATTEST:
Develop Lease Agreement