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R05-070 II 1 i I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d RESOLUTION ROS-07o 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 etween The Boynton Beach Faith Based Community Development Corporation and the ity 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 on-profit organization interested in furthering community development; and WHEREAS, this Community Based Development organization carnes out eighborhood revitalization efforts that have a positive impact on the target areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and ereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does ereby authorize and direct the Mayor and City Clerk to execute a Lease Agreement etween the City of Boynton Beach and The Boynton Beach Faith Based Community evelopment Corporation, a copy of which Agreement is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PASSED AND ADOPTED this i day of May, 2005. CITY OF BOYNTON BEACH, FLORIDA L- ,Jp_~ Commissioner ~ Ii ROS-010 LEASE AGREEMENT THIS IS A LEASE AGREEMENT, made this ~ day of "m0J.,r- and between: U ,2005, by 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 "LESSEE"; For and in consideration of the rents reserved and the agreements and covenants herein contained, the LESSOR does hereby lease and demise unto 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 No. Seacrest Blvd. Boynton Beach, Florida ARTICLE I. FUNDAMENTAL LEASE PROVISIONS LESSOR Name: Address: Telephone No.: Facsimile No.: City of Boynton Beach 100 East Boynton Beach Blvd., Boynton Beach, Florida 561/742-6000 561/742-6011 LESSEE Name: Boynton Beach Faith Based Community Development Corporation 428 NW 3rd Ave., Boynton Beach, Florida 33435 Address: Telephone No.: Facsimile No.: Property: See legal description attached as Exhibit "A". Lease Term: One (1) Year Plus two (2) one (1) year options to extend this agreement Monthly Base Rent: $1.00 Permitted Use: Offices and Administration uses. The use is to be limited to activities to further community redevelopment. Page 1 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc Lease Effective Date: The date upon which the last party to execute the Lease shall be deemed to be the Lease Effective Date. Term 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. Rent Commencement Date: LESSEE shall be obligated to commence rental payments upon the Lease effective date and monthly on the 1 st 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 No. 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 CHARGES 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 1. 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. 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 delinquency, any and all taxes levied or assessed and which 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 Page 2 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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. INSURANCE: 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 permits 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. D. MAINTENANCE: 1. By LESSEE: LESSEE shall at all times keep and maintain the Property in good order, condition and repair. LESSEE shall maintain the exterior of all structures and all exterior fixtures and improvements. LESSEE shall keep all parking areas free of debris. LESSEE shall maintain all landscaping on the property. 2. By LESSOR: None Page 3 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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 all 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 LESSEE'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 nonstructural 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. 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 written notice to LESSOR within thirty (30) days after Page 4 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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. CONDEMNATION: If at any time during the term of this Lease legal title to the Demised Property or any portion thereof shall be taken in the exercise of the power of eminent domain by any sovereign, municipality, or other public or private authority, there shall be such division of the proceeds of award in such condemnation proceedings and such abatement of rent and other adjustments made as shall be just and equitable under the circumstances. If the LESSOR and the LESSEE are unable to agree upon what division, abatement of rent or other adjustments are just and equitable within thirty (30) days after such award has been made, then the matters in dispute shall, by appropriate proceedings, be submitted to a court having jurisdiction of the subject matter of such controversy in Palm Beach County, Florida, for its decision and determination of the matters in dispute. If the legal title to the entire Property be wholly taken by condemnation, the Lease shall be automatically cancelled and any prepaid rent shall be apportioned as of such date. K ASSIGNMENT: LESSEE shall not assign, mortgage or encumber this Lease nor sublet or suffer or permit the Property or any part thereof to be used by others. L. SURRENDER: Upon the expiration of the Lease Term hereof 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. Page 5 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager prior to 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 companies authorized to 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 (10) days without notice or demand. Page 6 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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. 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 LESSEE'S right 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 anyone 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 right or remedy which LESSOR may have by reason of such default or breach: 2. Terminate LESSEE's right 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 from 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 from 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 from LESSEE at the end of the Lease Term, or at the time each rental payment becomes due under this Lease, as LESSOR may elect, the Page 7 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 difference between the amount of the rental payments due hereunder and the actual amount of rent received after reletting the Property, together with all costs and expenses of LESSOR in connection 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 from 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 enforce 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 anyone 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 inure 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 way 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 Page 8 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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 ofthis 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 hereby that all such other writings 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 regulatory 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: "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 Page 9 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 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 ofthird parties. D. AUTHORITY: If LESSEE is a corporation, trust or general or limited partnership, 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 LESSEE: Page 10 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21105 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 from 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 seals the day and year first written above. LESSOR: ATTEST: CITY OF BOYNTON BEACH BY~ . ayor Page 11 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 LESSEE: FAITH BASED COMMUNITY DEVELOPMENT CORPORATION WITNESSES: ln~ ~ _ ..k.t ~ - . *,y.JY' - /~ J..-e. ~~ STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) ON THIS \ a~ day of "w\~ public, personally appeared ~o.x\.\~~ C~~ has produced ~ \ ~ subscribed to the foregoing instrument. , 2005, before me, the undersigned notary , Qersonally known to my, or who as identification, and is the person who IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~l.IL -J.., - ~~~ ~y PUBLIC - n~~ A.... ~\\tv\~~'t~ Print or Type Name My Commission Expires: , ~ Debbie A Reamsnyder !~ . W#I COmmission 00075925 ~ or f'>J Expires December 2, 2005 Page 12 of 12 S:\CA\AGMTS\Leases\Faith Based Community Lease-2005.doc 04/21/05 CITY CLERK'S OFFICE MEMORANDUM TO: Debbie Reamsnyder Administrative Secretary FROM: Janet M. Prainito City Clerk DATE: May 6, 2005 RE: Lease Agreement between the City of Boynton Beach and the Faith Based Community Development Corporation for the property at 2191 No. Seacrest Blvd - Resolution No. R05-070 Attached for your information and processing is the original Lease Agreement that was approved by the City Commission at their regular meeting on May 3, 2005. Please secure the appropriate signatures and return the original agreement to the City Clerk's Office for our Central File. ~1n.P~ Attachment S:\CC\WP\AFTER COMMISSION\Oepartmental Transmittals\2005\Oebbie Reamsnyder - Lease Agreement _ COC _ 05-03-05.doc !c 7 � LEASE AGREEMENT THIS IS A LEASE AGREEMENT, made this 7 day of MA, , 2002, by and between: 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 unto 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 Name: City of Boynton Beach Address: 100 East Boynton Beach Blvd., Boynton Beach, Florida Telephone No.: 561/742 -6000 Facsimile No.: 561/742 -6011 LESSEE Name: Boynton Beach Faith Based Community Development Corporation Address: 428 NW 3 Ave., Boynton Beach, Florida 33435 Telephone No.: Facsimile No.: Property: See legal description attached as Exhibit "A ". Page 1 of 12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc Lease Term: One (1) Year Plus two (2) one (1) year options to extend this agreement Monthly Base Rent: $1.00 Permitted Use: Offices and Administration uses. The use is to be limited to activities to further community redevelopment. Lease Effective Date: The date upon which the last party to execute the Lease shall be deemed to be the Lease Effective Date. Term 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. Rent Commencement Date: LESSEE shall be obligated to commence rental payments upon the Lease effective date and monthly on the 1 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 CHARGES 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 I. 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. Page 2of12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 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 delinquency, any and all taxes levied or assessed and which 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. INSURANCE: 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 permits 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. Page 3 of 12 C \WINDOWS \Temporary Internet Files \OLKF252\Farth Based Community Lease doc 04/15/02 D. MAINTENANCE: LESSEE shall at all times keep and maintain the Property in good order, condition and repair. LESSEE shall maintain the exterior of all structures and all extenor 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 all 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 LESSEE'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 nonstructural 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. Page 4 of 12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 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 pnor to such damage or destruction. If at any time dunng 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 written 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 LESSOR 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. Page 5of12 C \ WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 Certificates of Insurance reflecting evidence of the required insurance shall be filed with the City's Risk Manager pnor to 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 companies authorized to do business pursuant to the laws of the State of Flonda. 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 Combined Single Limit — each occurrence $1,000,000 Combined Single Limit — general aggregate $1,000,000 Personal Injury $1,000,000 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 of ten (10) 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. Page 6of12 C \ WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 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 hen upon the Property, or any portion thereof subject to the LESSEE's right 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 there. fter, in its sole discretion, with or without notice or demand and without limiting LESSOR in the exercise of any right or remedy which LESSOR may have by reason of such default or breach: 2. Terminate LESSEE's right 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 from 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 from 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 from LESSEE at 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 with all costs and expenses of LESSOR in connection Page 7 of 12 C \ WINDOWS \Temporary Internet Flies \OLKF252\Faith Based Commumry Lease doc 04/15/02 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 from 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 enforce 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 inure 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 way 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 Page 8of12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 provision shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more stnctly 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 hereby that all such other writings 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 j urisdiction. 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 regulatory 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: Page 9of12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health nsks 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 partnership, 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 Page 10 of 12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 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 from 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 Page 11 of 12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 \ 0\1111 11 111111 10 B. ••'coRPo • 0 S% BY: ATTEST: ' v � � 9; ; ayor co m BY: de. = T PRAINITO, CITIT / / /// //11111111 0 APPROVED AS TO FORM: BY: � V SJa ID OFFICE OF THE CITY ATTORNEY LESSEE: - FAITH BASED COMMUNITY DEVELOPMENT CORPORATION WITNESSES: /Z‘G c Lc___t5 „),7 STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ON THIS / 7 day of may , 2002, before me, the undersigned notary public, personally appeared Ger4, /d 8raenInj , personally known to me, or who has produced as identification, and is the person who subscribed to the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC S v.f/4N C o Le., ^/S � Print or Type Name 0 •• ,; MY COMMISSION 11 CC 913630 SEAL: �_,, ' EXPIRES February 24,2004 Banded Thiu Nolan/ was Umbrian �� Page 12 of 12 C \WINDOWS \Temporary Internet Files \OLKF252\Faith Based Community Lease doc 04/15/02 Palm Beach County Property ft riser Property Search System Page 1 of 2 11.41"iNi Palm Beach County Property Appraiser Public Access System GARY R. NIKOLITS, CFA Owner Information Owner Name Situs Address Parcel Control Number BOYNTON BEACH COMM DEV CORP 2191 N SEACREST BLVD 08- 43- 45 -16 -01 -027 -0010 Confirmation Information ROLLING GREEN RIDGE 1ST Sale Subdivision: ADD IN PB 24 PGS 223 TO 226 Book: 09143 Page: 1194 Date Feb -1996 INC Mailing 191 N SEACREST BLVD Legal: ROLLING GREEN RIDGE 1ST ADD Address: ` LTS 1 & 3 (LESS 1 -95 R/W) IBLK 27 BOYNTON BEACH FL 33435 2289 2001 Certified Appraisal Improvement Value: $55,017 Number of Units: 0 IL I Land Value: $19,892 Total Sq. Ft: I Extra Features... Market Value: $74,909 Acres: .23 11 Use Code: 8900 Description: MUNICIPAL ( Petition No: 1000000 2001 Certified Tax 2001 Certified Assessed & Taxable Values Ad Valorem: $1,840.23 Assessed Value: $74,909.00 More,.. Non ad valorem: $119.031 Exemption amount: $0 Total: $1,959.26 Taxable: $74,909.00 2001 Exemption Description: Code: More... ,,., I Exemption Holder:1 Percentage: Palm Beach County Property riser Property Search System Page 2 of 2 Sales Information 1 Sales Date Book Page Price Instrument Owner Feb -1996 09143 1194 $ l OU QC BOYNTON BEACH COMM DEV CORP Apr -1986 04976 0968 $100 WD • f Plase send comments to : propapp@co.palm -beach 7 us> Roo. Copyright © 2000 by Palm Beach County Property Appraiser All Rights Reserved