R05-098
"
1 RESOLUTION R05- oQB
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR TO EXECUTE
6 LEASE AGREEMENTS BETWEEN THE CITY OF
7 BOYNTON BEACH, PALM BEACH COUNTY AND
8 MARW AN GHALI, BLANCHE GIRTMAN AND
9 JAMES JOHNSON, JR., AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the community garden program has been an important part of
13 enhancing and improving the Seacrest Boulevard corridor within the Heart of Boynton
14 neighborhood area; and
15 WHEREAS, continuing the leasing program with the county and property owners
16 is an integral part of the redevelopment of this area of the City; and
17 WHEREAS, numerous neighborhood residents and groups such as girl and boy
18 scout troops, after school programs and the County's 4-H program use the garden plots in
19 the community gardens; and
20 WHEREAS, the City Staff recommends the approval of the three community
21 garden Lease Agreements between the City of Boynton Beach, Palm Beach County and
22 Marwan Ghali, Blanche H. Girtman and James Johnson, Jr.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and direct the Mayor and City Clerk to execute three community garden
S:\CA\RESO\Agreements\Community Garden Leases.doc
"
Lease Agreements between the City of Boynton Beach, Palm Beach County and Marwan
2 Ghali, Blanche H. Girtman and James Johnson Jr., a copy of each Agreement is attached
3 hereto as Exhibit "A", "B" and "C", respectively.
4
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this al day of June, 2005.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CITY OF BOYNTON BEACH, FLORIDA
'-
G
Commissioner
~
S:\CA\RESO\Agreements\Community Garden Leases.doc
;1e.~_
R2005
1712
SEP 13 21m
R05-0Q 8
********************************************************************************
.
LEASE AGREEMENT
between
JAMES JOHNSON, JR.
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
G:\Pmpefty~SecticD'oOull.-dCoop~SV~0Iy~Bra:hJ.m-HFAppmve4ReviMd.4.23.OS.tbc
R2005 t7lZ
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into SEP 13 · . by and
between JAMES JOHNSON, JR. property owner, hereinafter referred to as "Landlord" of533 NW
13th Avenue, Boynton Beach, Florida 33435-3067,
and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf
of the Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WITNES SETH:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at 913 North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program; and
WHEREAS, City has agreed to asswne the responsibility for maintenance of certain areas
of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property
Sketch-Area of City Responsibility), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
2
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the March II, 2005 (the "Commencement Date"),
and shall extend for a period of one (I) year thereafter (the "Term"), unless sooner terminated
pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for
successive one (1) year periods unless either the County or Landlord provides the other party with
notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the
current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for
any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use
tax shall be included or charged with Annual Rent..
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4- H Community Garden Program. County shall not use, permit, or suffer the use ofthe Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term of this Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
3
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
AL TERA TION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision of this Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work.
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
4
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, if required by
such statute. In the event a construction lien is filed against the Premises in connection with any
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director ofthe Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises of the garden as
depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the
irrigation of the entire Premises. City shall indemnify County, to the extent provided in Article XVI
below, in the event that City fails to comply with the obligations contained herein.
Section 5.03 Hazardous Substance Indemnification by Landlord.
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance( s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
5
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S ALTERATIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty
during the Term of this Lease, or any extension thereof, whereby the same shall be rendered
untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the
parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such
casualty. In the event the County elects to terminate this Lease as provided in this Section, the
Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County
does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly
commence restoration of the Premises and diligently pursue such restoration to completion using
materials oflike kind and quality or better. The rental due hereunder relating to the portion of the
Premises render untenable shall be abated from the date of such casualty until completion of such
restoration.
ARTICLE VIII
UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible
and pay for all water charges for water used or consumed in the operation of this Lease.
6
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter ifthe same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
period, Landlord shall be entitled to a reasonable period oftime under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
7
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's
part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises
for the Term hereby demised and any extensions thereof without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through, or under the
Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value oftheir respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
8
subsequent to the date oftermination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term ofthis Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
9
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
(provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery ofthe notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if
transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or
on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The
parties hereby designed the following addresses as the addresses to which notices may be delivered,
and delivery to such addresses shall constitute binding notice given to such party:
(a) If to the Landlord at:
James Johnson, Jr.
533 N. W. 13th Avenue
Boynton Beach, Fl. 33435-3067
Fax 561-
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
10
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
11
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 Radon.
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 County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions ofthis Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
12
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws ofthis State.
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS:
WITNESS:
SHARON R. BOCK,
CLERK & COMPTROLLER
% ... : ::
, .... .^--
".....L.. ....,.":
flllP'..... ....r:v.F
'" On.......... "?:
'" q * ---
\\11\ ................-....
\\\\\\\."",,-,,""
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
,
lL~
//,
,
/
/ . " -
AMES J HNSON, JR.
COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
.
SEP 13 .
APPROVED AS TO TERMS AND
CONDITIONS
BYiZ\- ~Wb~
Department irector \
14
CITY OF
ATTEST:
./
/
~M'1c 'In ~
Ci Clerk
APPROVED AS TO FORM:
~C1J'1L U h3lbs
Office of the City Attorney {
(
,
1..4,1()
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HERBY CERTIFY that on this ~ 1{--ft-. day of J~ve- 2005, before me personally
appeared /1I1/idC /'11C('v'ttv') If.'~~.'.. .111'1< r' , personally known to me or who produced
as identification and who did ( ) did not (-)-take an oath and who executed
the foregoing instrument and acknowledged before that he executed the same for the purposes
therein.
~~ C1->^- Co'PA-u /
Notary Public, State of Florida ,
.rV:r/1-1f/ C/JUflV'/'
Print Name
Commission No.
My Commission Expires:
15
.......--..
. DII:::~"''''M''''''''",,_,
i.;;m ~~ I
: i.\cIi!i ExpI,.. 31112001 !
! ~..~Z -IlwuC800I432_!
:Io.I....:~~.........~.~~2:.~.:.I::;.:
SCHEDULE OF EXHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT "A"
LEGAL DESCRIPTION OF THE "PROPERTY"
LOTS 132,133 AND 134, LESS 20' RETURN CURVE AREA ROAD RIGHT -OF- WAY, AND
135 TO 138 INC., BLOCK D, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PAGE 51, AS RECORDED IN
OFFICIAL RECORD BOOK 9173, PAGE 195, OF THE RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LESS LOTS 133 AND 134.
PROPERTY CONTROL NO. 08-43-45-21-07-004-1320
17
,..-
-
EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY
~
.J A rl\. ..e ~ ::f 0 H tJ > 0 N :r R.
I
q~~
" I
"! l
! :
. ".;
! I
1
I-~'~
'00 I
5<0'
T
GfFt
1--.
l'
II = peRIm.ei~ N
o = TP.ee DeNotvStAA11ON
GAR~N
R 200 5
1713
SEP I 3 21m
~06-oq8
********************************************************************************
LEASE AGREEMENT
between
BLANCHE H. GIRTMAN
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Lease. City Boynton Beach Girtman HF Approved Revised 04.25.06.doc
R2005 1713
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into SEll 13 ZOOS , by and
between BLANCHE H. GIRTMAN property owner, hereinafter referred to as "Landlord" of912
N.W. 3'd Street. P.O. Box 1552, Boynton Beach, Florida 33425-1552,
nd PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of
Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as
"County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as
"City".
WITNE SSE TH:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at North Seacrest Boulevard, Boynton Beach, Florida 33436" which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program_; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas
of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property
Sketch-Area of City Responsibility"), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration ofthe rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
2
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the February 5, 2005 (the "Commencement
Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner
terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically
renewed for successive one (1) year periods unless either the County or Landlord provides the other
party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of
the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease
for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon
the parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-221 1419753 C. No sales
or use tax shall be included or charged with Annual Rent.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4- H Community Garden Program:. County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term ofthis Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
3
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision of this Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work.
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
4
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, if required by
such statute. In the event a construction lien is filed against the Premises in connection with any
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility ofthe City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director of the Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises outside the fenced
portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall
be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent
provided in Article XVI below, in the event that City fails to comply with the obligations contained
herein.
Section 5.03 Hazardous Substance Indemnification by Landlord
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
5
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents', or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S AL TERA TIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during
the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in
whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be
relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the
event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable
hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right
to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the
Premises and diligently pursue such restoration to completion using materials oflike kind and quality
or better. The rental due hereunder relating to the portion ofthe Premises render untenable shall be
abated from the date of such casualty until completion of such restoration.
ARTICLE VIII
UTILITIES AND SERVICES
6
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure ofthe utility company to provide service to the Premises. City shall be responsible and
pay for all water charges for water used or consumed in the operation of this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date ofthe Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
7
period, Landlord shall be entitled to a reasonable period oftime under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLA TION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's part to
be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the
Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or
any other person or persons lawfully or equitably claiming by, through, or under the Landlord,
subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
8
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value oftheir respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
subsequent to the date of termination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
9
(provided in each case a receipt is obtained),telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return- Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if transmitted before
5PM on a business day and on the next business day if transmitted after 5PM or on a non-business
day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice
designated by the postal authorities as non-deliverable, as the case may be. The parties hereby
designed the following addresses as the addresses to which notices may be delivered, and delivery to
such addresses shall constitute binding notice given to such party:
(a) Ifto the Landlord at:
Blanche H. Girtman
912 N. W. 3rd Street
P. O. Box 1552
Boynton Beach, Fl. 33425-1552
Fax 561-
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
10
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
11
Section 15.13 Radon.
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 County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance ofthis
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting ofthis document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions ofthis Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval ofthe Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
12
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS:
~~= r! $~
;?1LANCHE H. GIRTMAN
j)~ Cj)eC~
Witness Signature
JA.",:~ \ <=- DeCo-. (\ 0
:"iJ?/~~
:ZiE-tam!~R)7I/ L-/J
WITNESS:
SHARON R. BOCK
CLERK & COMPTROLLER
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: ~~~-----
Assistan C nty Attorney
COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
APPROVED AS TO TERMS AND
CONDITIONS
BY:~ ~~WP~
Department rector \
14
ATTEST:
APPROVED AS TO FORM:
~@Ul~~
Office of the City Attorney
Signed and delivered
in the presence of:
/- C"
/ .~ 'ie:i5ZJ<
,1l11}1rlf ft jf'I,/Li;,
Print Witness Name
~ e--f~
// ,,-
"_ ~~;;;:J-MtC
Print Witness Name
,
o ,/
/l~'-i1l<b
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HERBY CERTIFY that on this d. r day of .J l.<. ne- 2005, before me personally
appeared iV/ac,L /\:'/'"C(tl.y', Vie -t' A1"yu r , personally known to,~ or who produced
as identification and who did ( ) did not H take an oath and who executed
the foregoing instrument and acknowledged before that he executed the same for the purposes
therein. r-' , /' ./) .// '
-2r---Z~ ~~t.-'L ~~(../
NotaryPl!blic, State of Flopda _
<~ l/j;1.11/ (0 t. C.- ( ,V j
Print Name
Commission No.
My commission Expires:
15
, M*Nt:::~~ \
,em _",(IIlOl,,,'l'l4j
. ;';;~Off\.~ . ~ I
: ",,,,,,,,,, FIoriCW Aun.,1nC
:................................ ...._._1
SCHEDULE OF EXHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT" A"
LEGAL DESCRIPTION OF THE "PROPERTY"
LOT 11, AND EAST 11 FEET OF LOT 12, FRANK WEBBER ADDITION TO
BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 9, PAGE 3, AS RECORDED IN OFFICIAL RECORD BOOK
788, PAGE 389, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
PROPERTY CONTROL NO. 08-43-45-21-25-001-0110
17
, \
EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY
_.
I
/
/ / /
/ / / /
/ / / / /
'/ / / / /
'uuu .,., r / / /. /
/ /. ,.
/ / / /
., / / /
. ,/~ /- ..
, , .' . / /
, / /
V\ ,\
.~. \ //
,~ //, /
'l) /
, i'tl; , " , /
.'^ '" , ,', /t'fJ'S{' /
:-\. .' " ~, , / /
.. '\)i\: /
.~..u /. /
'r"""
',r,,'. n .. /
.S /
,~: ,C u/ /
tV' , .. / / /
/ / /
u __._. _,' -/
/ /
/
/ /. /-
," I': / / /
I ,/
/' /. / /'
/ / /
/ _ d
/ /
/ / ' ,
/ ~ 3' / /
/ /,'" /
/ '
/'
~ 00 Ft
/
/
if' F.t
/
/ ./
/ / / / / /
/ / /
. /
// /
/ .
/' /
, /
/.
/
/.
/
. '
~. M/H<.7/N LI/1tteR f<.IfVG :Jte BLvD
17
6 I J2.TMAN 4
GtfAL I
pt<QPe P-Tf.eS
n'_ N'
.._..f
~= AREA oF-
CI-r-; - -
QeSPoN$(BILlT1
C = A12EP>. Or
COVN1'{
RESPotJ>18ILI-H
R 200 5
1711
SEP132111i
RO~-Oq8
********************************************************************************
LEASE AGREEMENT
between
MARW AN GRALl and SUHAIR GHALI
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Lease. City Boynton Beach Ghali HF Approved Revised 4.25.05.dcc
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into , by and
between MARW AN GHALI and SUHAIR GHALI property owners, hereinafter referred to as
"Landlord" of 9333 Laurel Green Drive and 9327 Laurel Green Drive, Boynton Beach, Florida
33437 respectively, whose Social Security Number is 595-32-3143 and 589-14-3622, respectively,
and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf
of the Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property" ); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of
the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-
Area of City Responsibility"), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the February 5, 2005 (the "Commencement
Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated
pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for
successive one (1) year periods unless either the County or Landlord provides the other party with
notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the
current Term ofthis Lease. Additionally, either County, City or Landlord may cancel this Lease for
any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales
or use tax shall be included or charged with Annual Rent.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4-H_Community Garden Program. County shall not use, permit, or suffer the use ofthe Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term of this Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
3
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by city, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, ifrequired by
such statute. In the event a construction lien is filed against the Premises in connection with any
4
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director ofthe Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises outside the fenced portion of
the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be
responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent
provided in Article XVI below, in the event that City fails to comply with the obligations contained
herein.
Section 5.03 Hazardous Substance Indemnification by Landlord
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
5
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S ALTERATIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty
during the Term of this Lease, or any extension thereof, whereby the same shall be rendered
untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the
parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such
casualty. In the event the County elects to terminate this Lease as provided in this Section, the
Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County
does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly
commence restoration of the Premises and diligently pursue such restoration to completion using
materials of like kind and quality or better. The rental due hereunder relating to the portion of the
Premises render untenable shall be abated from the date of such casualty until completion of such
restoration.
ARTICLE VIII
UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible
and pay for all water charges for water used or consumed in the operation of this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
6
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
7
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's
part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises
for the Term hereby demised and any extensions thereof without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through, or under the
Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value oftheir respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
subsequent to the date of termination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
8
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
(provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery ofthe notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if telecopier or fax, if
transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or
on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The
parties hereby designed the following addresses as the addresses to which notices may be delivered,
and delivery to such addresses shall constitute binding notice given to such party:
9
(a)
If to the Landlord at:
Marwan Ghali
9333 Laurel Green Drive
Boynton Beach, Fl. 33437-3319
Fax 561-
Suhair Ghali
9327 Laurel Green Drive
Boynton Beach, Fl. 33437
Fax 561-
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
( c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term ofthis Lease, or the application thereofto any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
10
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 Radon.
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 County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
11
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions of this Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach County Board
of County Commissioners, and shall become effective only when sigrIed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereigrI immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
12
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims, or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS:
~~
Witness Signature
~
~
,As to both
~~"')\ C;~ ~r
~t Witness N~ /',
'~ ~-l~
Witness Signature As to both
~'''1-\ C~eC~.."
Print Witness Name
WITNESS:
SHARON R. BOCK,
CLERK & COMPTROLLER
~""'''''''''\.'''\.,,\\,\
..,.~ .\~IT" ""
.::' vl't , 11
..,;-,..0............ C' ""
"'" v..' '. 0"
I~"'" ~ 8~ .....:~\
:;0. "",... .""'<
. ""~- .-~
: Ou .-r :cn~
y '(J)~
"
<' to '0"
~ 0'" ..:.".:
I,///h..... .....;,.y
"'9' ......... .~.,.;-
" * c.V$
1\\\\ ~...,:-
\\\\\,,\,,'",...,.............
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
'-
LANDLORD:
~/
~'CJ_A
Suhair Ghali
COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
~~
Tony M ilotti, hairman
R2005 1711'SEll!].
APPROVED AS TO TERMS AND
CONDITIONS
By~~WD~
Departm t Dire&or
14
~'m
Ci Clerk
APPROVED AS TO FORM:
Q CNGt tolu,bs
Office of the City Attorney
~
ATTEST:
Signed and delivered
in the presence of:
~Cl~
ltness Name
.ft{ (); TN A.. ,tlYL l.-
(,. Print Witness ~g~
~it e
/
-I :> IlJC?
Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
1 HERBY CERTIFY that on this ~ ~ day ofJ /.<..~ 2005, before me personalIy
appeared n'~(cF (11'(rAf) VI;€. II-Ly"" , personallv known to me or who produced
as identification and who did ( ) did not 0"take an oath and who executed
the foregoing instrument and acknowledged before me that he executed the same for the purposes
therein.
,_\:uc~-v--r::: ~./
Notary Public, State of Florida
...r {/Jf} IV C Li t... t.. I;V I
Print Name
Commission No.
My Commission Expires:
15
r ~"cow'Ns
f ~ ~~~~7
: {{Qil}l ~~taIOI
; \;1,,^~" Ilona......(~
l.....~i:~~.:.......~~ ~
...........Aewt..1nc .
.............
SCHEDULE OF EXHIBITS
EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT" A"
LEGAL DESCRIPTION OF THE "PROPERTY"
THE WEST 39' OF LOT 12, LESS SOUTH 20' AND A TRIANGULAR PART FOR ROAD
RIGHT-OF-WAY, BLOCK 1, FRANK WEBBER ADDITION TO BOYNTON, FLORIDA,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED
IN PLAT BOOK 9, PAGE 3 AS RECORDED IN OFFICIAL RECORD BOOK 8303, PAGE
692 OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
PROPERTY CONTROL NO. 08-43-45-21-25-001-0121
17
, \
, '.
EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY
/ / /
/ . /
/ '/
/ / /-
/-
, /
/. /-. - /-.
-r /- // /
/ / .
~ '/ .- /- /
, /' ,/- / /
',......- /-
\' > . / / /
)/
.// .;/
, ' . /;/ ,
, llliS{ / / /
/ ./
.. .L_/
/:/ . /
;' /
-. ;/' /
/ / /
/' V /
"';1 '/ /
;/
/ / /-
-- 7! '/- / / /
/ /. / /
/ //
//
/ /
;/ /
. / ~3' / /
/ h/' /
/ '
7
/
I i
"...-.- ~ ,.-
i I
iV\
"'"
'J>
,g
f\
_ _ ~V\ ._
, I ,-\.
~:
~
:,: ;-.
'....: '
. :'1\ .-..
.S
,';1) :
...~.,
,,: :
/-
~.Ft
./
/ /:
/
//7
/
/ // /
/ / // /-
/' '/
// /
/ ..,
. ..
()Q.. MA-I"7/N.LV1TteR /;4"', JR BLvO
17
61 P.T~AN 4
GtlALI .
PR{)P.e~TI~S
H.N
f
Facilities Development &.
Operations Department
Property &. Real Estate
Management Division
3200 Belvedere Road
Building 1169
West Falm Beach, FL 33406-1544
(561) 233-0200
FAX: (561) 233"0210
www.pbcgav.com/fdo
.
Palm Beach County
Board of County
Commissioners
Tony MasHatti, Chairman
Addie L Greene, Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H. Newell
Mary McCany
Bun Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
AffirmaUve Action Employer~
@ printed on recycled paper
Cl:RTIFIED MAIL 7003 2260 0007 1928 5170
r~ETURN KECt:.IPT REQUESTED
.. ~
October 14, 2005
The City of Boynton Beach
Janet M. Prainito, CMC, City Clerk
100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
.-'-
c.',
-
r:...?
,C.:i
";:.:),;:
\',\~~
.--
c::')
0)
Re: (1) City of Boynton Beach Resolution R05-098; and
(2) Lease Agreement (R2005 1711) Dated September 13, 2005
between Marwan Ghali and Suhair Ghali as "Landlord"; and Palm
Beach County as "County"; and The City of Boynton Beach as "City";
and
(3) Lease Agreement (R2005 1713) Dated September 13, 2005
between Blanche H. Girtman as "Landlord"; and Palm Beach County
as "County"; and The City of Boynton Beach as "City"; and
(4) Lease Agreement (R2005 1712) Dated September 13, 2005
between James Johnson. Jr. as "Landlord"; and Palm Beach County as
"County"; and The City of Boynton Beach as "City".
Dear Ms. Prainito:
Please find enclosed for your City records, ORIGINAL copies of the
above referenced lease agreements.
This has been a positive collaborative effort between City and County,
and your assistance and expertise helped make it happen. I would
request that your office express my thanks to Thelma Lyons, who
stepped in and made for a seamless transition after Mr. DeCarlo's
departure. Ms. Lyons took great care to obtain the necessary signatures
required. Thelma made sure that certain signatories who were out of
town where contacted while she was on vacation. and even had her co-
worker call me directly to let me know that the lease signatures had
been obtained. Thank you for your friendly and professional assistance.
Please do not hesitate to contact me by phone at 561-233-0237 or e-
maillhelmich(U)pbcgov.com should you have any questions concerning
this matter.
Respectfu
~~~.
"' ~~, Real Estate Speci ist
cc:
Richard C. Bogatin, Property Management Manager
Audrey Norman, County Extension Director, Cooperative
Extension Service
G:\Property Mgmt SeCllon",Out l.eQse\Coop Extension SVC\Letter to Boynton B"a~h - COOP Lease Agreements 10.12_05 dpc
Facilities D~elopment &.
Operations Department
Property &. Real Estate
Management Division
3200 Belvedere Road
Building 1169
West Palm Beach. FL 33406-1544
(561) 233-0200
FAX: (561) 233-0210
www.pbcgov.com/fdo
.
Palm Beach County
Board of County
Commissioners
lbny Masilotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
~An Equal Opportunity
Affirmative Action Employer'
@ printed on recycled paper
CERTIFIED MAIL 70051160 0003 95531228
RETURN RECEIPT REQUESrED
October 14,2005
Blanche H. Girtman
912 N. W. 3rd Street
P.O. Box 1552
Boynton Beach, FL 33425-1552
Re: Lease Agreement (R2005 1713) Dated September 13,
2005 between Blanche H. Girtman as "Landlord"; and Palm
Beach County as "County"; and The City of Boynton Beach as
"City"
Dear Ms. Girtman:
Please find enclosed for your records an ORIGINAL copy of the
above referenced agreement.
Thank you for your generosity in allowing your property to be
utilized as a Community Garden for the benefit of the Citizenry
of the City of Boynton Beach.
Please do not hesitate to contact me by phone at 561-233-0237 or
e-mail lhelmich@pbcgov.com should you have any questions
concerning this matter.
Respectfully,
elmich, CPM, Real Estate Specialist
cc:
Richard C. Bogatin, Property Management Manager
Audrey Norman, County Extension Director. Cooperative
Extension Service
Janet M. Prainito, CMC, City Clerk, City of Boynton Beach
G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Letter to Girtman Lease Agreement 10-12~05,doc
Facilities Development &.
Operations Department
Property &. Real Estate
Management Division
3200 Belvedere Road
Building 1169
West Palm Beach, FL 33406-1544
(561) 233-0200
FAX: (561) 233~021O
www.pbcgov.comffdo
.
Palm Beach County
Board of County
Commissioners
Tony MasHotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportuniry
Affirmative Action Employer"
@ printed on recycled paper
CERTIFIED MAIL 70051160 0003 95531235
RETURN RECEIPT REQUESrED
October 14, 2005
James Johnson, Jr.
533 N. W. 13th Avenue
Boynton Beach, FL 33425-3067
Re: Lease Agreement (R2005 1712) Dated September 13,
2005 between James Johnson, Jr. as "Landlord"; and Palm Beach
County as "County"; and The City of Boynton Beach as "City"
Dear Mr. Johnson:
Please find enclosed for your records an ORIGINAL copy of the
above referenced agreement.
Thank you for your generosity in allowing your property to be
utilized as a Community Garden for the benefit of the Citizenry
of the City of Boynton Beach.
Please do not hesitate to contact me by phone at 561-233-0237 or
e-mail Ihelmich(CiJpbcgov.com should you have any questions
concerning this matter.
cc: Richard C. Bogatin, Property Management Manager
Audrey Norman, County Extension Director, Cooperative
Extension Service
Janet M. Prainito, CMC, City Clerk, City of Boynton Beach
G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Letter to Johnson Lease Agreement 10-12-0S.doc
FaciJities Development &.
Operations Department
Property &. Real Estate
Management Division
3200 Belvedere Road
Building 1169
West Palm Beach, FL 33406-1544
(561) 233-0200
FAX: (561) 233-0210
www.pbcgov.com/fdo
.
Palm Beach County
Board of County
Commissioners
Tony Masitotti, Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affinnative Action Employer"
@ print9d on recycled paper
CERTIFIED MAIL 7003 2260 0007 19285200
RETURN RECEIPT REQUESTED
October 14, 2005
Marwan GhaIi
9333 Laurel Green Drive
Boynton Beach, FL 33437-3319
Re: Lease Agreement (R2005 1711) Dated September 13,
2005 between MaTWan Ghali and Suhair GhaIi as "Landlord";
and Palm Beach County as "County"; and The City of Boynton
Beach as "City"
Dear MaTWan GhaIi:
Please find enclosed for your records an ORIGINAL copy of the
above referenced agreement.
Additionally, as a point of information, you may wish to have
your legal representative review your property easement with the
Florida Department of Transportation, as it may be in error.
Thank you for your generosity in allowing your property to be
utilized as a Community Garden in order to benefit the Citizenry
of the City of Boynton Beach.
Please do not hesitate to contact me by phone at 561-233-0237 or
e-mail Ihelmich(@,pbcgov.com should you have any questions
concerning this matter.
cc:
Richard C. Bogatin. Property Management Manager
Suhair Gha1i, co-property owner
Audrey Norman, County Extension Director, Cooperative
Extension Service
Janet M. Prainito, CMC, City Clerk, City of Boynton Beach
G:\Property Mgmt Section\Out Lease\Coop Extension svnLetter to Marwan Ghali Lease Agreement 10-12-05 doc
Facilities Development &.
Opemtions Department
Property A Real Estate
Management Division
3200 Belvedere Road
Building 1169
West Palm Beach, FL 33406-1544
(561) 233-0200
FAX: (561) 233-0210
www.pbcgov.comlfdo
.
Palm Beach County
Board of County
Commissioners
lbny MasHotti, Chairman
Addie L Greene, Vice Chairperson
Karen T Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
AfJinnative Action Employer"
@ printed on r9CycJ9d paper
CERTIFIED MAIL 7003 2260 000719285217
RETURN RECEIPT REQUESTED
October 14, 2005
Suhair GhaIi
9327 Laurel Green Drive
Boynton Beach, FL 33437
Re: Lease Agreement (R2005 1711) Dated September 13,
2005 between Marwan GhaIi and Suhair Ghali as "Landlord";
and Palm Beach County as "County"; and The City of Boynton
Beach as "City"
Dear Suhair GhaIi:
Please find enclosed for your records a copy of the above
referenced agreement.
Additionally, as a point of information, you may wish to have
your legal representative review your property easement with the
Florida Department of Transportation, as it may be in error.
Thank you for your generosity in allowing your property to be
utilized as a Community Garden in order to benefit the Citizenry
of the City of Boynton Beach.
Please do not hesitate to contact me by phone at 561-233-0237 or
e-mail Ihelmich(W,pbcgov.com should you have any questions
concerning this matter.
/'
--
R~a /
~~P~ Real Estate Specialist
cc: Richard C. Bogatin, Property Management Manager
Marwan Gha1i, co-property owner
Audrey Norman, County Extension Director, Cooperative
Extension Service
Janet M. Prainito, CMC, City Clerk, City of Boynton Beach
G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Le<<er to Suhair Ghali Lease Agreement] 0- ] 2-05.doc