R10-075
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1 RESOLUTION NO. R 10- 015
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE EXECUTION OF THE LEASE
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND TEAM REEL ESTATE, INC., D/B/A
8 FLORIDA FISHING ACADEMY FOR A PERIOD OF
9 TWO (2) YEARS WITH TWO 2- YEAR RENEW ABLE
10 TERMS; AND PROVIDING AN EFFECTIVE DATE.
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13 WHEREAS, the Bait Shop is currently vacant and the City has no future plans for its
14 use; and
15 WHEREAS, the Florida Fishing Academy would like to offer education and training
16 programs that teach youth how to construct fishing rods and lures using the Bait Shop at
17 Boat Club Park as the teaching facility; and
18 WHEREAS, upon recommendation of staff, the City Commission has determined
19 that it is in the best interests of the residents of the City to execute a Lease Agreement with
20 Team Reel Estate, Inc., d/b/a Florida Fishing Academy for the use of the Bait Shop at Boat
21 Club Park to be used as a classroom to teach youth on how to construct fishing rods and
22 lures for a period of two (2) years with two 2-year renewable terms.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does
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1 hereby authorize the execution of the Lease Agreement with Team Reel Estate, Inc., d/b/a
2 Florida Fishing Academy for the use of the Bait Shop at Boat Club Park to be operated as a
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I classroom to teach youth on how to construct fishing rods and lures for a period of two (2)
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4i years with two 2-year renewable terms, a copy of which is attached hereto as Exhibit "A".
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5 Section 3. This Resolution shall become effective immediately upon passage.
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7 PASSED AND ADOPTED thIS ~ day of June, 2010.
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2 ATTEST:
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The City of
Boynton Beach
„
C (-..- Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425 -0310
Telephone No: (561) 742 -6310
FAX (561) 742 -6316
July 24, 2012
"TWO YEAR LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA FISHING ACADEMY"
Lease Agreement Extension between the City of Boynton Beach, and FLORIDA FISHING
ACADEMY.
Agreement Renewal Period: July 20, 2012 to July 19, 2014
/ Yes, I agree to renew the existing Lease Agreement under the same Terms and
Conditions, for an additional two -year period and agree to submit a Certificate of
Insurance naming the City of Boynton Beach as an additional insured.
No, I do not wish to renew the Lease Agreement for the following reason
FLORIDA FISHING ACADEMY diaggr igar l o liP Pr-
NAME OF COMPANY SIGNATURE
- 1 Ctrl 2a t K ECMc 7'Ver 0(a 6z ro
NAME OF REPRESENTATIVE TITLE
(please print)
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DAT (AREA CODE) TELEPHONE NUMBER
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.1111E'1?11 ;AT IIA)" TOT1U,'G1 "LESTR EA AI
The City of
Boynton Beach
(' ( ,? Procurement Services
100 E Boynton Beach Boulevard
P O. Box 310
Boynton Beach, Florida 33425 -0310
Telephone No (561) 742 -6310
FAX: (561) 742 -6316
July 24, 2012
TEAM REAL ESTATE, INC.
d /b /a FLORIDA FISHING ACADEMY
7067 Peninsula Court
Lake Worth, FL 33435
ATTN: Mr. Richard Brochu
RE: "TWO YEAR LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA FISHING ACADEMY"
CURRENT LEASE TERM: JULY 20, 2010 THRU JULY 19, 2012
Dear Mr. Brochu:
The Two -Year Lease Agreement between the City and Florida Fishing Academy expired July 19,
2012. Per the terms of the Lease Agreement "Lessor and Lessee may, by mutual consent,
agree to renew this Lease for two additional two -year terms ". The City of Boynton Beach would
like to renew the existing Agreement for an additional two -year period under the same terms and
conditions.
If you agree, the Lease Agreement will be extended for an additional two -year term.
As stipulated within the Lease Agreement, your Company's current Certificate of Insurance
naming the City of Boynton Beach as an additional insured is to be provided to the City per our
Risk Management Department requirements.
Please indicate your response on the following page and return it to the attention of Julianne
Alibrandi at your earliest convenience. If you should have any questions, please feel free to call
Julianne Alibrandi at (561) 742 -6322.
Sincerely,
.
Tim W. Howard
Deputy Director of Finance
/jma
c: Wally Majors, Director of Parks and Recreation
File
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ACORD. CERTIFICATE OF LIABILITY INSURANCE FLORIO3 0 (D 6/12
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Logan Insurance Agency, Inc. I HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
3801 North 9th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pensacola FL 32503
Phone. 850- 438 -1449 Fax :850- 438 -0085 INSURERS AFFORDING COVERAGE NAIC #
INSURED N ^,++RF rr A Nautilus Insurance Company
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The Florida Fishing N, 11,4
Academy, Inc.
7067 Pennisula Ct ,N`uRI
Lake Worth FL 33461
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COVERAGES
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DESCRIPTION OF OPERATIONS/LOCATIONS ' VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT + SPECIAL PROVISIONS
Boats - canoes or rowboats for rent - not equipped with motors,
kayaking, fishing instructions
CERTIFICATE HOLDER CANCELLATION
• SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BF CANCELLED BEFORE THE EXPIRATION
DATE THEREOF THE ISSUING INSURER Wit L ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE 1O DO 50 SHALL
City of Boynton Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR
100 E. Boynton Beach Blvd.
Boynton Beach FL 33435 REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Michael E Suskind
ACORD 25 (2001/08) 4- ACORD CORPORATION 1988
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LEASE AGREEMENT
THIS AGREEMENT, dated lhis~ day of July 2009, by and between:
CITY OF BOYNTON BEACH, a municipal corporation organized and operating under
the laws of the State of Florida, with an address of 100 E. Boynton Beach Boulevard,
Boynton Beach, Florida 33435, hereinafter referred to as "LESSOR",
and
TEAM REEL ESTATE, INC. d/b/a FLORIDA FISHING ACADEMY, a Florida
corporation authorized to conduct business in the State of Florida, with an address of 7067
Peninsula Court, Lake Worth, FL 33467 hcrcinafter referred to as "LESSEE".
WHEREAS, the City of Boynton Beach and Team Reel Estate, Inc. desire to enter into
this Lease Agreement; and.
WHEREAS, the City agrees to Lease to Team Reel Estate, Inc. lor the use of the Florida
Fishing Academy a portion of the designated facility located at the Boat Club for the purposes
set forth herein; and,
WHEREAS, the Lease Agreement does not preclude the City from also using the
remaining property located at the Boat Club as provided herein; and,
NOW, THEREFORE, the parties hereto for the promises and covenants herein
contained and other good and valuable consideration, the sufficiency of which is hereby
acknowledgcd state as follows:
1. PREMISES; LOCATION AND USE THEREOF.
1,\, LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
building at the Boat Club Park located at 2010 North Federal Highway, Boynton Beach, Florida,
with all improvements therein, which shall hereinafter be referred to as "the Premises",
1,2. This Lease Agreement includes the lease of the parking areas used in connection
with and minimally necessary for the operation of the Premises for its intended use.
1.3 This Lease is su~ject to thc terms, covenants and conditions herein set forth and
LESSEE covenants as a material pan of the consideration Ibr this Lease to keep and perform
caeh and every term, covenant and condition herein set forth.
2. USE.
2.1 LESSEE shall use the Premises for the operation of a "tishing academy" where the
LESSEE will offcr classes, camps and a workshop for students enrolled in the acadcmy's
program.
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2.2. LESSEE shall not do or pennit anything to be done in or about the Premises or allow
the Premises to be used for any improper, unlawful or objectionablc purpose; nor shall LESSEE
cause, maintain or permit any nuisance in, on or about the Premises. LESSEE shall not commit
or allow to be committed any waste in or upon the Premises.
3. RENT.
3.1, LESSEE agrees to pay to LESSOR as Rent, without notice or demand, for the Term
of this Lease, the annual sum of One and 00/1 00 ($1.00) dollar. The rental payments shall
commence on the date upon which the last party to this Agreement has executed this hereinafter
defined as thc "Commencement Date" and each year thereafter for the term of this Leasc. All
rental payments shall be paid to LESSOR.
3.2. In exchange for the nominal rent, LESSEE agrees to providc onsite instruction
eonsistent to existing and future contracts with the City of Boynton Bcach, Youth Violtmce
Prevention Program and the Boynton Beach Community Redevelopment Agency.
4. LESSEE'S OBLIGATIONS.
4.1. LESSEE shall not offer any products for sale.
4.2. LESSEE will be responsible for the purchase, inventory and security of all products
in the Premises. LESSOR shall not be responsible for any goods or equipmcnt storcd at the
Premises nor will it be responsible for damage resulting from a power failure, tloodl tire, theft.
vandalism. explosion ancVor any other c,lUses to LESSEE's goods or cquipment.
4.3. LESSEE shall arrange for the delivery of supplies used at the Premises at times and
in a manner so that such deliveries do not crcate congestion or undue interference with regular
operation and maintenance of the site.
4.4. LESSEE agrees to make the following renovations to the Premises. LESSEE will
remove the existing extcrior decorativc wood and replace it with I1sh art. LESSEE will paint the
cxtcrior of the building consistent with adjacent buildings. LEES OR will approve all colors prior
to painting.
4.5. LESSEE will use all its own equipment, as approved by the appropriate governing
agency. LESSEE shall provide all working capital, operating l:quipment and inventory necessary
to elTecti vely manage the operation of an academy.
4.6. LESSEE shall supervise and compensate all of its employees at the Premises.
LESSEE's staff shall be employees of the LESSEE and not the LESSOR. Consumption of
alcoholic beverages, smoking and the use of any tobacco products is strictly prohibited at the
Premises.
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4.7. No cooking or heating of any foods products and products lor consumption is
allowed in the Premises, including but not limited to the use of ovens, bumcrs, microwave ovens.
4.8. LESSEE's participants shall be neatly dressed at all times. LESSEE shall only
employ competent personnel to perform retail services. In the event that at any time during the
term of the Lea~e Agreement the LESSOR desires the removal of any person(s), the LESSEE
shall perl'0n11 services at the Premises pursuant to this Lease AbTJ'eement, immediatcly upon
receiving notice from the LESSOR of the desired removal of such pcrson(s).
4.9. LESSEE shall ensurc that background checks of all of LESSEE's employees
working at: the Premises shall be performed by the CITY OF BOYNTON BEACH POI ,ICE
DEPARTMENT at thc cxpense of the LESSEE.
4.10. LESSEE shall maintain copics of Material Safety Data Sheets (MSDS's) for all of
the products used in the performance of the contract on the premises. The MSDS's shall be
easily accessible for the purpose ofre/'erence with regard to toxic and ha~ardous properties,
precautions to take and what to do in case of an emergency.
4.11. LESSEE will be responsible for disposing of all its trash and garbage in the
designated dumpster or recycling areas. LESSEE is responsible for complying with all recycling
rules, regulations, and laws of the CITY and/or appropriate governmental bodies.
4.12. LESSEE shall make every effort to assist the CITY in keeping the area free from
debris and litter.
4.13. LESSOR shall be solely for and shall promptly pay all charges for watcr, sewer,
electricity, and telephone.
5. HOURS OF OPERATION.
5.1. LESSEE may designate its own hours of operation; howcver, LESSEE agrees that
the academy shall be open for operation at a minimum on Saturdays 10:00 a.m. to I :00 p.m. and
consistent with city contracts.
5.2. LESSEE shall provide LESSOR with a monthly schedule designating hours of
Opcrl1tion of' the academy and a schedule of instruction time to the Department Director by the
15th 01' each month for the month following.
6, TERM.
6.1. Term. The Lease term shall commence on the Commcncement Date and continue for
two (2) years, (hereinafter referred to as the "Term"). LESSOR and LESSEE may. by mutual
consent, agree to renew this Lease for two (2) additional two (2) year terms by executing a
written amendment to this Lease providing for the equal dignity herewith.
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6.2. LESSOR may teT1l1inate this Lease at any time upon providing LESSEE with sixty
(60) days writtcn notice. LESSEE will have no obligation to pay any rent, costs, Qf expcnses
which may aceruc following the tennination of the Lease
7. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT ("ADA" OR
U ACTU) AND OTHER LAWS.
7.1. Notwithstanding anything contained in this Lease to the contrary (a) LESSEE shall
be responsible and required to ensure that its operations are in compliancc with the Act and the
regulations interpreting the Act currently in effcet or hereafter promulgatcd; and (b) LESSOR
agrees to permit LESSEE to make any ADA alterations in order to conform the Premises to the
ADA's requirements and requiremcnts of the Florida Handicapped Accessibility Codc. LESSEE
shall not use the Premiscs, or permit anything 10 be done in or about the Premises, which shall in
any way conflict with any applicable gcneral law, statute, ordinance or governmental rulc or
regulation now in force or which may hereafter be enacted or promulgated.
7.2. LESSEE shall, at its sole cost and expense, throughout the Lcase Term, promptly
comply with all laws, statutes, ordinances and governmental rules, regulations or requirements
now in force, or which may hereafter be in force, and with the requirements of any board of firc
underwriters or othcr similar bodies now or hereailer constituted relating to or affecting the
condition, use or occupancy of' the Premi~es, including any structural changes related to or
atTcctcd by LESSEE's improvements or acts.
8. MAINTENANCE, REPAIRS, IMPROVEMENTS AND ALTERATIONS.
8.1. LESSEE's taking possession of the Premises shall be conclusive evidence of
LESSEE's acccptancc thereof in good, sanitary order, condition and repair, and with no defects
of any sort. LESSEE shall, at LESSEE's sole cost and expense, throughout thc Tcrm here()l~
keep the Premises in good condition and repair including maintcnanee, replaccmcnt and repairs,
which may be neeessary, to kecp the Premises in the condition delivered to LESSEE on the
commencement date hereof, ordinary wt:ar and tear excepted. LESSEE shall promptly make, at
LESSEE's sole cost and expense, all repairs in or to the Premises for which LESSEE is
responsible. LEESOR will be responsible for rcpairing the structural items including but not
limited to thc air conditioning unit and roof if needed.
8.2. LESSEE will make improvements and repairs which arc consistent with Paragraph
4.4. For thosc improvemcnts, the LESSEE will not scck reimbursement. For purposes of' this
Section, the tcrm "improvement" shall includc any stmetural, plumbing, or clectrical
improvemcnts which are part listed on Paragraph 4.4.
8.3. No improvement, alteration8 or additio118 shall be made by LESSEE without prior
written consent of LESSOR unless specifically permitted herein, provided, however, LESSOR's
consent shall not be unreasonably withheld. LESSOR may review any and all repairs and
improvements propo~ed to the Premises which are reasonable and necessary to maintain thc
Premises in a manner to conform with the Premises' designation as an historic place. Costs of
such repairs and improvements shall be reimbursed pursuant to Paragraph 8.2.
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8.4. LESSEE agrees that it shall not create, permit, or suffer the imposition of any lien,
charge, or encumbrance upon the Premises, Building, Property, or any part thereof. LESSEE
agrees that it shall make full and prompt payment of all sums necessary to pay for the costs of
repairs, alterations, improvements, changes, or other work done by LESSEE to the Premises, and
furthcr agrees to indemnify and hold harmless LESSOR from and against any and all costs and
liabilities incurred by LESSEE and against any and all mechanic's, materialmen's, or laborer's
licns arising out of or from any work where the cost thereof which may be asserted, claimed or
charged against the Premises.
8.5. In the cvcnt any notice of claim of lien shall be asserted of record against the
LESSOR's interest in the Premises on account of or arising out of any improvement or work
done by or for LESSEE, or any person elaiming by, through or under LESSEE, l'or mprovements
or work the cost of which is the responsibility of LESSEE, LESSEE agrees to have such notice
of claim of lien caneeled and discharged of record as a claim against LESSOR's interest in the
Premises (either by payment or bond as permitted by law) within ten (10) days a/leI' written
notice lo LESSEE by LESSOR.
9. ASSIGNMENT AND SUBLETTING.
9.1. LESSEE shall not assign the right of occupancy under this Lease Agreement, or any
other interest therein, 01' sublet the Premises, or any portion thereof without the prior wrilten
consent or LESSOR.
9.2. Under no circumstanccs shall the LESSEE mortgage, pledge, encumber, or
involuntarily assign (whcther by operation of law, legal process, or otherwise) this Lease, the
Premises, or LESS EEls leasehold estate. I n the event of any violation ofthe preceding sentence,
or of any assignment or subletting not in strict conformance with the provisions of this Section,
same shall constitute a breach and default of this Lease which shall entitl~ LESSOR to
immediately tcrminatc this Lease and exercise all the remedies provided to LESSOR hereunder,
and under ,tpplicable Florida law.
10. INSURANCE.
] D.I. LESSEE shall provide insurance in the following forms and amounts during the
term oCthis LC~lse:
Comprehensive General Liability insurance to cover liability bodily injury. Exposures to
be covcred arc: premises, operations, products/completed operations, and certain
contracts. Coverage must be written on an occurrence basis, with the following limits of
liability:
A. General Liability
1. Each Occurrence $1,000,000
2. Annual Aggregate 1,000,000
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B. Workers' Compensation - To statutory limit~t
10.2. LESSEE shall not occupy the Premises until all in:surance required under this
paragraph has bccn obtained and such insurance has been approved by the LESSOR'S Risk
Manager.
1003. Certificates of Insurance which name the LESSOR as an additional insured, and
reflect evidence ofth~ required insurance shall be filed with the LESSOR's Risk Manager prior
to the commencement of this Agreement. These Certificates shall contain a provision that
coverage's afforded under these policies will not bc cancelled until at least forty-five days (45)
prior written notice has been given to the LESSEE. Policies shall be issued hy companies
auth()rb~ed to do business pursuant to the laws of the State of Florida. Financial Ratings must be
not less than HB+" in the latest edition of "Best Key Rating Guide", published by A.M. Best
Guide.
10.4. Insurance shall be in force and so long as LESSEE remains in possession of the
Premises or until the obllgations required to be fulfilled under the tenns of this Lease are
satisfied. In the evcnt the insurance certificatc provided indicates that the insurance shall
terminate and lapse during the period of this Lease, then LESSOR shall furnish to LESSEE, at
least thirty (30) days prior to the expiration of the dute of such insurance, a renewed certificate of
insurance as proof that equal and like coverage for the balance of the period of the contract and
ext~nsi()n therellnd~r is in effect. The LESSEE shall not have any obligation to perform under the
temlS or this contract unless all required insurance remains in fulllorce and ef/h::t.
11. FORCE MAJEURE.
11.1 The obligations of LESSOR herein shall be excused to the extent arising from thc
lack of ability of LESSOR, to use the Premises as a rcsult ot~ or by cause or causes beyond
LESSEE's absolute control which shall include without limitation, all labor disputes, civil
commotion, civil disorder, riot, civil disturbance, war, war-like operations, invasion, rcbellion,
hostilities, military or usurped power, sabotage, governmental regulations, orders, moratoriums,
or controls, lire or other casualty, or through Acts or God.
12. TAXES.
12.1. LESSOR ~hall pay, or cause to be paid, before delinquency, any and all taxes levicd
or assessed and which b~come payahle during the Term hereof upon the real property whcre the
Premises is located.
12.2. LESSEE'~ shall pay, or cause to be paid, before delinquency, any and all taxes
levied or asses~ed ,md which become payable during the 'I'crm hcreofupon leasehold
improvements. equipment, furniture, nxtllrcs, and any othcr personal property located in the
Premises.
13. SURRENDER.
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13.1. Upon the t:xpiration of the Lease Tenn hereof LESSEE shall surrender the Prcmiscs
to LESSOR in as good order and condition as they were in at thc commencement of the Lease
Term exccpt for ordinary wcar and tcar.
14. HOLDING OVER.
14.1. If LESSEE remains in possession of the Premises or any part thereof after the
expiration of the Teml or any Option Period hereof without the express written consent of
LESSOR, such occupancy shall be a tenancy from month to month at a rental in the amount $500
per month as the Minimum Rent, and all other amounts payable hereunder, and subject to all the
terms hereof applicable to a month to month tenancy.
15. ENTRY BY LESSOR.
15.1. r ,ESSOR, or its authorized agent or agents, shall have the right to enter the
Premises with a representative of the LESSEE at all reasonable times to inspect same to insurt:
compliance with the Lease, to prevent waste, to insure compliance with any applicable State,
County and municipal laws or regulations, and further providing that the business of the
LESSEE shall not be interfered with unreasonably.
16. INDEMNITY.
16.1. LESSEE agrees, represents, warrants and covenants that it shall indemnify, defend
and hold harmless the LESSOR (provided LESSOR is not negligent and/or is not in default
under the terms of this Agreement) from all suits, actions, damages, liabilities, expenses and
attorney's fccs and costs in connection with the LESSEE's use of the Prcmiscs, including but not
limited to loss of life, bodily or personal injury, propcrty damage or Joss of incomc arising from
or out of any occurrence in, upon or at or from the Premises, unless caused by the LESSOR's
gross ncgligencc or willful misconduct.
17. LESSEE'S DEFAULT.
17. I. The occurrcncc of anyone or morc of the following events shall constitute a dcfault
and breach of this Lease by LESSEE:
17.1.1. The vacating or abandonment of the Prcmises by LESSEE for a period of more
than tcn (10) business days.
17.1.2. 'l'hc failure by LESSEE l() observe or perform any of the terms, covcnants, or
conditions of this Lease to be observed or pt:rlormed by LESSEE, where such failure shall
continue for a period of thirty (30) days alter written notice thereof by LESSOR to LESSEE;
provided, howcver, that if the nature or LESSEE's default is such that more than thirty (30)
days are reasonably required for its cure, thcn LESSEE shall not be deemed to be in default if
LESSEE commences such cure within said thirty (30) day period and thereafter diligently
prosecutes slIch cure to completion.
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17.1.3. The Prcmises come into the hands orany p~rson other than expressly permitted
under this Lease.
17.1.4. The assigrunent, transfer, mortgagc, subletting, cncumbrance of this r ,ease or
execution or attachment thereon by LESSEE or any other party in a Ill(.mner not expressly
permitted hcreunder.
17.1.5. The making by LESSEE or any general assignment or general arrangement for
thc benefit of creditors; or the l1Iing by or against LESSEE of a petition to have LESSEE
adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to
bankruptcy (unless, in the case or a petition tiled against LESSEE, the same is dismissed within
sixty (60) days); or the appointment of a trustee or a rcccivcr to take possession of substantially
all of LESSEE's assets located at the Premises or of LESSEE's interest in this Lease, where
possession is not restored to LESSEE within thirty (30) days; or attachment, execution or other
judicial seizure of substantially all of LESSEE's assets located at thc Premises or of LESSEE's
interest in this Leasc, whcre such sei7.ure is not discharged within thirty (30) days.
18. RECONSTRUCTION.
18.1 In the event the Premises are damaged by fire or other perils covered by LESSEE's
insurance coverage, LESSEE must repair the same to the identical condition prior to the damage.
19. EMINENT DOMAIN.
19.1. In the event of any taking or appropriation by any public or quasi-public authority
under the power of eminent domain, or in the event of a conveyance in lieu thereof, LESSEE
shall be entitled to tenninate this Lease and be entitled to any and all awards and/or settlements
which may be gi vcn to LES SEE as a result of its interest in the Premises
19.2. All compensation awarded for such taking or conveyance, whether l'or the whole or
part of the premises or otherwise, shall be shared equally by the LESSOR and LESSEE.
20. SIGNS.
20.1. The LESSEE may install and maintain only signs which arc of such type, size,
color, location, copy nature and display qualities that are in compliance with all codes,
ordinances and rcgulations of any governing body and shall be subject to the approval of the
Recr~ation and Parks Director. Any sueh failure to comply with the provisions of this Section
shall be de~m~d a default of this Lcase.
21. GENERAL PROVISIONS.
21.1. No Waiver. No term, covcnant, or condition of this Lease shall have been deemed
to have been w(.tived by LESSOR or LESSEE, unless such waiver be in writing and signcd by
LESSOR or LESSEE. The rights and rcmedies created by this Lease are cumulative, and arc not
intended to be exclusive. The use of one rcmedy under this T .ease shall not be taken to exclude or
8
waive the right or use of another, and cach party shall be entitled to pursue all remedies generally
available under thc laws of thc State or Florida.
21.2. Headings. The marginal headings and Section titles set forth in this Lcase arc not a
part or the Lease and shall have no effect upon the construction or interprctation of any part
hereof.
21.3. Timc of the Essenec. Time is of the essence oCthis Lease and each and all of its
provisions in which perl'onnance is a factor.
21.4. Successors and Assigns. 'fhe respective rights and obligations hereunder shall inure
to, and be binding upon, the rcspeetive heirs, distributees, devises, legal and personal
representativcs, assigns, grantces, and sucecssors in interest or LESSOR, and shall also inure to,
and bc binding upon, thc pcrmitted assigns and successors in intere~t of T ,ESSEE.
21.5. Prior Agrcements. This Lcase Agreement contains all of the agreements of the
parties hereto with respect to any malleI' covered or mentioned in this Lease, and no prior
agreements or understandings pertaining to any such matters shall be effcctive for any purpose.
No provision of this Lcasc may be amended or added to except by an agreement in writing
signed by the parties hereto or their respective successors in interest. This Lease Agreement shall
not be effective or binding on any party until fully cxecutcd by both parties hereto.
21.6. Partial invalidity. Any provision of this Leasc which shall prove to be invalid, void,
illegal, or otherwise unenforceable, shall bc deemed severed from this Lcase, and shall in no way
affect, impair or invalidate any other provision hereof and such other provisions shall remain in
full force and effect. This Lease shall be construed without regurd to any presumption or other
rule requiring construction ,-lgainst the party causing this Lease to be drafted.
21.7. Choice of Law and Venue. This Lease shall be governed by thc laws of the State of
Florida, and vcnuc for any action relating to thc terms of this Lease shall be in Circuit Court in
and for Palm Beach County, Florida.
21.8. Attorncys' Fccs. In the cvent that cither party shall have to ent'orce the provi~i()ns or
thi~ agreement the prevailing party shall be entitled to recover all of its attorneys' fees, including
costs of appeal and any post-judgcment procecdings.
21.9. No Partnership or Joint Venture. It is understood and agreed that nothing contained
in this Lease shall be deemed or construed as creating a partnership or joint venture between
LESSOR and LESSEE or betwecn LESSOR and any other party or cause either party to be
responsible in any for the debts or obligations of the other party. This Agreement does not crcate
an cmployec/employer relationship between the LESSOR and any ot'the LESSEE's cmployces
or personnel. It is the intent of the parties that the LESSEE is ~\ separate and independent cntity
from the LESSOR and any of the LESSEE's contractor under thi!S Agreemcnt and not the
LESSOR'~ employec for all purposes, including but not limited to, the application ofthe Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Fcderal Unemployment Tax Act. the provisions of the Intem<.ll
9
Revenue Code, the State Workers Compensation Act, and the State unemployment insurance
law. The LESSEE shall retain sole and absolutc discretion in the judgment of the maImer and
means of carrying out LESSEE's activities and rcsponsibilitie~ hereunder. The LESSEE agrees
that it is a separate and independent enterprise from the LESSOR, that it has full opportunity to
find other business, that it make its own investment in its business, and that it will utilizc a high
level of skill ncecssary to perform the work. This Agreement shall not bc constnlcd as creating
any joint employment relationship between the LESSEE and the LESSOR and the LESSOR will
not be liable for any obligation incurred by LESSEE, inCluding but not limited to unpaid
minimum wages and/or overtime premiums.
21.10. Notices. Any notices undcr this Lease shall be given in writing by mailing the
same by United States mail, postage prepaid, certil1ed mail, return receipt requested, or by hand
delivering the same by professional couricr or facsimile transmission with receipt of delivery,
addressed to LESSOR or LESSEE, as the case may be, at the respective addresscs sct out
opposite their names below, or at such other address as they may hereafter specify by writtcn
notice delivcred in accordanee herewith:
LESSOR:
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Bcach, Florida 33435
Telephone: (561) 742-
Facsimile: (561) 742-
WITH COPY TO:
City Attorney
] 00 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6050
Facsimilc: (56l) 742-6054
LESSEE:
TEAM REEL ESTATE. TNC.
d/b/a FLORIDA FISHING ACADEMY
7067 Peninsula Court
Lake Worth, Florida 33435
2]. ] 1. Authority of LESSOR and LESSEE. Each individual executing this Lease on
behalf LESSOR and LESSEE represents and warrants that their respective curporation is in good
standing and is authorized to do business in the Stale ot'Florida; said individual also rcprescnts
and warrants to T lESSOR and LESSEE that they arc duly authorized to execute and delivcr this
Lease on behal r or the LESSOR or LESSEE, and that this Lease is binding upon the corporation.
10
21,12, Radon Gas, Radon is a naturally occurring radioactive gas that, when it is
accumulated in a building in sufficient quantitics, may present health risks to persons who are
exposed to it over time. Levels of Radon that exceed federal and state guidelines have been
tound in buildings in Florida. Additional information regarding Radon and Radon testing may be
obtained from your county public health unit. [The above notitieation is provided as required by
Section 404,056(8), Florida Statutes].
IN WITNESS WHEREOF, the parties have caused this Interloea! Agreement to be executed on
the day and year first above written.
OF BOYNTON BEACH, FLORIDA
ATTEST:
"~Y:~
Jose Rodriquez, MAY
APPROY Y-'
TEAM REEL EST ATE, INe. d/b/a
FORlDA FISHING ACADEMY
('''It.~/ ~73C~( (-"~/'-~2" ;;;:;0'"
'By: ~, / .,//'
WITNESS
-~ PRESIDENT
U,l.:h ,:iiI C'~I<J#" k,',..AIlfl 611Hi-I...
I .
~t:'- Dllt tcrb"-
WITNESS '
SECRETARY
STATE OF Fl.ORIDA )
) SS,
COUNTY OF PALM BEACH)
r HEREBY CERTIFY that on this day befop:rnc, an otf~cer duly qualified to take . ,
acknowledgements. personally appeared ' I, I! 1. J JJ, '", "I'l,- ,_., _,_, as PresIdent ot
the T~A~ REEL ESTATE, INC;.; a, Florid~,e?rporatio ,personally known t~ ~e t~1e person
described Ill. or who produced r<!~K.it.- ,,;,u.~ .- ""c:.;,..v- as IdentifIcatIon, and who
executed the foregoing and acknowledged betore me that (s)he executed the same.
11
","
WITNESS my hand and seal in the County and State atoresaid on this ,.) 0) day of
\J,,~ ,2009-:- .)c/", ., (. ~ ,0 ~--
J "1.u H ,)' I ' NOTAR'~~JB"LJ(;
My Commission Expires: /' 'j / "J
11\ 1990\900 l 82.BI)\AGMT\Least: Agreement Boyn\llnnBelA1..'luJm,;
NOTARY PUBUC-STATE OF' FWRJDA
...,,,....,,.,. Stephanie D. Kahn
f ~ 1Commissioo ,~DD873790
"'-'" .l Expires: MAY 22, 20t3
BONDED TInw taTI.A."ITIC EOl\'1mm co., me.
12
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Wally Majors
Director Recreation & Parks
FROM: Janet M. Prainito, MMC
City Clerk
DATE: June 16, 2010
SUBJECT: Rl0-075 Lease Agreement with Team Reel Estate
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original to
the City Clerk's Office for further processing.
Please contact me if there are any questions. Thank you.
~1n.~
Attachments
(Agreement & Resolution)
C: Central File
\
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20IO\ Wally Majors R I 0-075.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Wally Majors
Director Recreation & Parks
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 22, 2010
SUBJECT: Rl0-075 Lease Agreement with Team Reel Estate
Attached for your information and file is a copy of the contract mentioned above. Since
the document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
~Yn.~
Attachments
(Agreement & Resolution)
C: Central File
S:ICCIWPIAFTER COMMISSIONIDcpartmental Transmittalsl20I OIWally Majors RIO-075 executed copy.doc
America's Gateway to the Gulfstream