R92-83
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RESOLUTION NO. R92- &3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON aEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY
II ATTORNEY TO NEGOTIATE A LEASE AGREEMENT
BETWEEN THE. CITY OF BOYNTON BEACH AND THE
DIOCESE OF PALM BEACH FOR THE MANGROVE
¡ PROPERTY ADJACENT TO ST. MARKS CHURCH;
I AU~HORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TP. EXECUTE A LEASE AGREEMENT FOR THE
F"--""1 MANGRpVEI PR()PERTY ONCE THE SAME IS FINALIZED;
AND PROVIDING AN EFFECTIVE DATE.
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bo.,,-"-·-, WHEREAS, Ute. Citj{ Commiaaion. of the City of Boynton Beach,
Flö:tida, upp.n r~CommE!nç!ation of ataff, deema it to be in the beat
intecrest ofthop ci1;i:zænf¡ andreaidenta ,. oithe City to execute a
I LeaaE!. AgrE!~me~'I¡; .1i1iththe . pioceae of Palm Beach for the mangrove
I property adjacent to St.. Mark' a Church.
I . lI1"~W, T,ij~~Fq~, 13E IT~SOLVED BY THE CITY COMMISSION OF THE
. CITY ·OF· BOYl.fWON.13EACH, FLORIDA THAT:
Section 1. The City Commiaaion of the City of Boynton
aeach,Florida authorizea . and directa the City Manager and City
IAttqrn~ytopegoFiate a Leaae Agreement with the Dioceae of Palm
. Beacttfor the mangrove property adjacent to St. Mark'a Church in
downtown Boynton Beach.
ISec1;ion2. Authorizing the Mayor and City Clerk to
¡eXecutêthe Leaae Agreement for the mangrove property Once the
aameis finalized.
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Section 2. Thia Reaolution ahall become effective
immediately upon paaaage.
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I PASSED AND ADOPTED thia /9 day of May, 1992.
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ATTEST: I
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I Ci ty Clerk (fJ~) I
(Corporate Seal)
¡Mangrove. Rea
15/14/92
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LEASE
THIS LEASE, made and entered into this ~~ day of
~ , 1992, by and between J. KEITH SYMONS,
AS BISHOP OF THE DIOCESE OF PALM BEACH, HIS SUCCESSORS IN OFFICE
AND ASSIGNS FOREVER, A CORPORATION SOLE, hereinafter referred to
as the "Landlord", and the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of
Florida, hereinafter referred to as the "Tenant".
WITNESSETH:
1- The Landlord does hereby lease and demise unto the said
Tenant the following described property, lying and being in Palm
Beach County, Florida, to-wit:
See Legal Description attached hereto and made a
part hereof as Exhibit "A",
hereinafter referred to as the "Leased Premises", "Demised
Premises" or "Premises".
2. The term of this Lease shall begin July 1, 1992,
and shall terminate on June 30, 2019. Tenant may not
take possession until such time as Tenant procures the liability
insurance hereinafter provided for. ..
3. Tenant agrees to pay and Landlord agrees to accept a
rental Ten and NO/100 Dollars ($10.00) per year, payable in
advance, commencing on July 1, 1992, and on a like day of each
year thereafter, and shall be payable to THE DIOCESE OF PALM
BEACH. Tenant shall also pay, with each installment, all
applicable tax thereon. The covenant to pay rent shall be an
independent covenant.
4. In order to insure the Landlord's opportunity for
obtaining an tax exemption, the Tenant agrees to notify the
Landlord on or before November 10th (or whatever date, from time
to time, is fifty (50) days preceding the date for the
determination of a tax exempt use for the following year) of the
year if Tenant will be unable to begin activities, on the Leased
Premises, which would make the property tax exempt prior to
January 1st (or such other date as may be se~ by law from time to
) )
time for determining tax exempt status) of each year. Upon such
notification, the Landlord shall then have the option of
terminating this Lease. In the event the Lease is so terminated,
a pro-rata amount of the rental will be refunded to the Tenant,
as of the date of termination.
5. Tenant may not assign this Lease nor sublease any part
or all of the Leased Premises without the written consent of the
Landlord, which consent may be unreasonably and arbitrarily
withheld.
6. Tenant hereby agrees to cooperate with Landlord in
Landlord's attempt to obtain a tax exemption on the Leased
Premises. Tenant agrees to execute Affidavits as to the status
of the tax exempt activities. Tenant further agrees to attend
the tax exemption hearing with the Landlord, upon Landlord's
request. In the event the activities of the Tenant cause the
property to lose its tax exempt status, then Tenant shall pay the
entire amount of taxes levied on the Premises and upon Landlord's
adjoining property if it too is placed on the tax roll as a
result of Tenant's activities or inaction.
7. Tenant hereby agrees and covenants as follows:
(a) To use the Leased Premises only for passive park
purposes as further described in Paragraph 34 and not to use the
Leased Premises for any illegal purpose.
(b) To comply with all governmental laws and
ordinances regarding the park activities.
(c) To not excavate or remove or permit to be
excavated or removed any soil or rock from the leased Premises
except as shown on plans previously approved by Landlord.
(d) To peacefully vacate the property at the
termination of the Lease and to leave such improvements intact as
Landlord may select.
(e) To protect the lands against trespass insofar as
Tenant is reasonably able to do so.
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( f) To not allow any mechanics' liens to be filed
against the property and if any are so filed as a result of
Tenant's actions, Tenant agrees to promptly discharge the same.
8. Landlord or its agents shall have the right to enter
onto the property at any reasonable time to view the premises.
Landlord shall, however, exercise this right in such a way as not
to unreasonably interfere with the operations of Tenant.
9. Insurance - General (a) All insurance called for under
this lease shall be written by companies with not less than an A
rating by Alfred M. Best and Company. The insurance company must
be qualified to do business in Florida.
(b) The insurance coverage must be provided prior to
Tenant's taking possession of the Premises or the beginning of
the lease term whichever event is earlier.
(c) Each policy shall name the Landlord as a named
insured under the policy, shall contain a waiver of the right of
subrogation against Landlord, shall have a maximum deductible of
One Thousand ($1,000.00), shall provide a minimum of thirty (30)
days advance notice be given to Landlord before the policy can be
cancelled or amended and shall prov~de that Landlord be given not
less than thirty days notice if the policy will not be renewed.
(d) The form of the policies must be satisfactory to
Landlord. The Tenant shall comply with all the regulations
imposed by the insurance company.
(e) Originals of the policies together with proof of
payment of the premiums therefor shall be delivered initially ten
days prior to the Tenant's occupancy or the commencement of the
lease term, whichever is the earlier event. Thereafter these
documents shall be delivered to Landlord thirty days prior to the
expiration of any existing policy.
(f) Any notices to be given under the provision of the
Insurance - General section must be given to Landlord by properly
addressed certified or registered mail, postage prepaid.
(g) If Tenant fails to provide the insurance called
for under this lease in a timely fashion, Landlord may, at
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Landlord's option, obtain the required insurance and any sums
expended in this respect shall be immediately due and payable as
additional rent and shall bear interest at the highest rate
permissible under the laws of Florida.
(h) Failure to timely deliver the insurance required
hereunder shall be deemed to be an event of default.
(i) All policies shall be written as primary, and not
contributing with or in excess of the coverage which Landlord as
named insureds, their agents, servants and employees may carry.
(j) Landlord shall not be responsible or liable to
Tenant for any loss or damage caused by the acts or omissions of
any persons occupying any space adjacent to or adjoining the
Premises.
(k) Landlord shall not be required to give notice of
accidents or claims.
(l) Landlord shall not be liable for any premiums due
for insurance.
10. (a) As used herein and in Section 9 and section 11,
"Claims" means any claims, suits, proceedings, actions, causes of
action, responsibility, liability, demands, judgments, and
executions.
(b) Tenant hereby indemnifies and agrees to save
harmless Landlord, and any Mortgagee, from and against all
Claims, which either (i) arise from or are in connection with the
possession, use, occupation, management, repair, maintenance or
control of the Premises or any portion thereof; (ii) arise from
or are in connection with any act or commission of Tenant or
Tenant's Agents; (iii) result from any default, breach, violation
or non-performance of this Lease or any provision of this Lease
by Tenant; or (iv) result in injury to person or property or loss
of life sustained on the Demised Premises.
(c) Tenant shall defend any Claims against Landlord,
any Mortgagee with respect to the foregoing or in which they may
be impleaded. Tenant shall pay, satisfy and discharge any
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judgments, orders and decrees which may be recovered against
Landlord, or any Mortgagee, in connection with the foregoing.
(d) TENANT WAIVES ALL RIGHTS TO RECOVER FROM LANDLORD
FOR ANY DAMAGES CAUSED BY NEGLIGENCE OF LANDLORD, ITS AGENTS OR
EMPLOYEES.
(e) The Tenant shall provide a contractual liability
endorsement to Tenant's liability insurance.
11. (a) Tenant shall provide and maintain a comprehensive,
all-risk, policy of liability insurance with respect to the
Premises. The liability insurance policy shall protect Landlord,
Tenant and any designee of Landlord against any liability which
arises from any occurrence on or about the Premises or any
appurtenance of the Premises, the sidewalks and alleyways
adjacent thereto or which arises from any of the Claims indicated
in Section 10 against which Tenant is required to indemnify
Landlord.
(b) The coverage limits of the policy shall be at
least $3,000,000.00 with respect to any one person, at least
$3,000,000.00 with respect to any one accident, and at least
$100,000.00 with respect to property damage.
(c) If it becomes customary for a significant number
of tenants in the area to be required to provide liability
insurance policies to their landlords with coverage limits higher
than the foregoing limits, within thirty days after Landlord's
request therefor Tenant shall provide Landlord with an insurance
policy whose limits are not less than the then customary limits.
The foregoing requirement shall be applicable only once during
each five years during the Term.
12. In the event that the entire Premises shall be taken
under any condemnation or eminent domain proceedings or by
private purchase under threat of condemnation during the term
hereof, or in the event any portion of the Property shall be
taken in any such proceedings and the remaining portion shall not
be suitable or adequate for the uses and purposes for which the
Property is being utilized by Tenant, then, and in any such
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event, this lease shall terminate on the date of such taking, and
any rental payment paid in advance shall be apportioned and
promptly refunded to Tenant.
If a portion of the Property shall be taken under any
condemnation or eminent domain proceedings or by private purchase
under threat of condemnation during the term hereof, and the
remaining portion of the Property not taken or condemned shall be
suitable and adequate for the uses and purposes of Tenant,
permitted by this lease, then, in such event, this agreement
shall be and remain unaffected by such condemnation or eminent
domain proceedings as to such remaining property unaffected by
such proceeding, except that, effective as of the date of such
taking, the rental shall be diminished by an amount representing
the part of the rental applicable to that portion, if any, of the
Property which is so condemned or taken.
All compensation awarded or paid upon a total or partial
taking of the Property, including the value of the leasehold
estate created hereby, shall belong to and be the property of
Landlord· without any participation by Tenant; provided, however,
that nothing contained herein shall be construed to preclude
Tenant, at Tenant's sole cost and expense, from independently
prosecuting any claim directly against the condemning authority
for loss of business, and/or depreciation to, damage to, and/or
cost of removal of and/or for the value of stock and/or trade
fixtures, furniture and other personal property belonging to
Tenant; provided, however, that no such claim shall diminish or
otherwise adversely affect Landlord's award or other awards of
any and all grounds and underlying landlords or mortgagees.
13. Tenant represents warrants and covenants that Tenant
has not used nor will it use Hazardous Materials (as defined
hereinafter) on, from, or affecting the Leased Premises in any
manner which violates federal, state or local laws, ordinances,
rules, regulations or policies governing the use, storage,
treatment, transportation, manufacture, refinement, handling,
production or disposal of Hazardous Materials, and that, to the
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best of Tenant's knowledge, no prior owner of the Leased Premises
or any Tenant, subtenant, prior Tenant or prior subtenant have
used Hazardous Materials on, from or affecting the Leased
Premises in any manner which violates federal, state or local
laws, ordinances, rules, regulations, or policies governing the
use, storage, treatment, transportation, manufacture, refinement,
handling, production or disposal of Hazardous Materials. Tenant
shall keep or cause the Leased Premises to be kept free of
Hazardous Materials. Without limiting the foregoing, Tenant
shall not cause or permit the Leased Premises to be used to
generate, manufacture, refine, transport, treat, store, handle,
dispose, transfer, produce or process Hazardous Materials, except
in compliance with all applicable federal, state and local laws
or regulations, nor shall Tenant cause or permit, as a result of
any intentional or unintentional act or omission on the part of
Tenant or Subtenant, a release of Hazardous materials onto the
Leased Premises or onto any other property. Tenant shall comply
with and ensure compliance by any Subtenants with all applicable
federal, state and local laws, ordinances, rules and regulations,
whenever and by whomever triggered, and shall obtain and comply
with, and ensure that any Subtenants obtain and comply with, any
and all approvals, registrations or permits required thereunder.
Tenant shall (a) conduct and complete all investigations,
studies, sampling, and testing, and all remedial, removal, and
other actions necessary to clean up and remove all Hazardous
Materials, on, from, or affecting the Leased Premises (i) in
ordinances, rules, regulations, and policies, (ii) to the
satisfaction of Landlord, and ( iii) in accordance with the orders
and directives of all federal, state, and local governmental
authorities, and (b) defend, indemnify, and hold harmless
Landlord, its employees, agents, officers, and directors, from
and against any claims, demands, penalties, fines, liabilities,
settlements, damages, costs, or expenses of whatever kind or
nature, known or unknown, contingent or otherwise, arising out
of, or in any way related to, (i) the presence, disposal,
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release, or threatened release of any Hazardous Materials which
are on, from, or affecting the soil, water, vegetation,
buildings, personal property, persons, animals or otherwise; (ii)
any personal injury (including wrongful death) or property damage
(real or personal) arising out of or related to such Hazardous
Materials; ( iii) any lawsuit brought or threatened, settlement
reached, or government order relating to such Hazardous
Materials, and/or (iv) any violation of laws, orders, regulations
requirements, or demands of government authorities, or any
policies or requirements of Landlord, which are based upon or in
any way related to such Hazardous Materials including, without
limitation, attorney and consultant fees, investigation and
laboratory fees, court costs, and litigation expenses. At the
end of the term of this Lease, Tenant shall deliver the Lease
Premises to Landlord free of any and all Hazardous Materials so
that the condition of the Leased Premises shall conform with all
applicable federal, state and local laws, ordinances, rules or
regulations affecting the Leased Premises. For purposes of this
Paragraph 13, "Hazardous Materials" includes, without limit, any
flammable explosives, radioactive materials, hazardous materials,
hazardous wastes, hazardous or toxic substances, corrosive or
related materials defined in the Comprehensive Environmental
Response, compensation, and Liability act of 1980, as amended (42
u.s.c sections 9601, et seq.), the Hazardous Materials
Transportation Act, as amended (49 u.s.s. sections 1801, et
seq.), the Resource Conservation and Recovery Act, as amended (42
u.s.c. sections 9601 et seq.), and in the regulations adopted and
publications promulgated pursuant thereto, or any other Federal,
state or local environmental law, ordinance, rule, or regulation.
The provisions of this Paragraph 13 shall be in addition to any
and all other obligations and liabilities Tenant may have to
Landlord at common law, and shall survive the transactions
contemplated herein.
14. Tenant covenants and agrees that it will utilize the
Leased Premises in a careful, safe and proper manner and will
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comply, at its expense, with all laws, ordinances, regulations
and orders of proper public officers insofar as such matters
affect the use and maintenance thereof, provided, however, that
the Tenant may (but shall not be obligated to) in its own or
Landlord's name, in good faith, contest any such order,
regulation, ordinance or law, and during the period of such
contest Tenant shall not be deemed to be in default hereunder so
long as Landlord shall be held harmless from any loss, expense,
or penalty resulting therefrom.
15. At the expiration of this lease, Tenant agrees to
deliver up and surrender to Landlord the possession of the leased
premises in as good condition and repair as received, excepting
ordinary wear and tear.
16. If Tenant shall remain in possession of all or any part
of the Leased premises after the expiration of this Lease, the
Tenant shall be deemed a Tenant from month to month at a rental
fee of double the then reasonable market value monthly rental and
subject to all of the terms and provisions hereof, except only as
to the term of this Lease.
17. Tenant shall, at all times and upon termination or
expiration of this Lease, have the duty to remove all trade
fixtures, machinery, equipment, appurtenances and personal
property heretofore or hereafter owned and/or installed by Tenant
as Landlord may direct. Such property as Landlord shall direct
to be left shall become the property of the Landlord. Tenant
shall repair any damage done to the Leased Premises caused by
such removal.
18. If Landlord is involuntarily made a party defendant to
any litigation concerning the lease, or the Demised Premises, or
the premises of which the Demised Premises form a part, by reason
of any act or omission of Tenant, then Tenant shall save and hold
harmless Landlord from all liabilities by reason thereof,
including reasonable attorney's fees and all court costs incurred
by Landlord in such litigation. In case Landlord engages an
attorney to enforce the terms hereof or brings an action against
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Tenant to enforce any of the terms hereof, or commences a summary
proceeding for the forfeiture of this Lease or the possession of
said Premises, or either of them, and Landlord shall prevail in
whole or in part in such endeavor, Tenant agrees to pay to
Landlord all such attorney's fees, expenses, and court costs.
The right of such attorney's fees and expenses shall be deemed to
have accrued on the commencement of such endeavor, and shall be
enforceable whether or not such action is prosecuted to final
judgment, and such fees and costs shall be paid forthwith or
included in the judgment.
19. Tenant agrees to observe, comply with and obey
promptly, at its expense, during the term thereof, all laws,
rules, requirements, order, directions, ordinances, and
regulations of any and all governmental authorities or agencies
and of all municipalities, departments, bureaus, boards and
officials governing its use or occupancy of the demised premises.
20. Landlord reserves the right to enter the Premises or
any part thereof at reasonable hours to exhibit the Premises to
prospective purchasers or others; to display during the last
ninety days of the term, without hindrance or molestation by
Tenant, "For Rent" signs and similar signs in appropriate places
in or on the Premises; to perform any acts related to the safety,
protection, preservation, reletting, sale or improvements of the
Premises; and, during the last one hundred and twenty (120) days
of the term or any part thereof, if during or prior to that time,
Tenant vacates the premises, to enter and repair, alter or
otherwise prepare the Premises for occupancy. The exercise of
any of these reserved rights by Landlord shall never be deemed an
eviction or disturbance of Tenant's use and possession of the
Premises and shall never render Landlord liable in any manner to
Tenant or to any other person. Landlord further reserves, during
the last one hundred and twenty (120) days of the term, the right
to grant prospective purchasers the right to go upon the Leased
Premises to perform such surveys, soil tests, topographical
studies and other inspections of the property that said purchaser
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may desire. Tenant hereby waives all rights to recover for
damages done to the Leased Premises, personal property,
improvements, fixtures and without limitation, any other damages
or liability arising from said actions against Landlord and
against the prospective purchasers, their agents or employees.
21- This lease is subordinate to any mortgage or deed of
trust affecting the Leased Premises. Tenant shall execute such
other and further documents as are requested to implement this
subordination and does hereby constitute Landlord its attorney-
in-fact to sign said document. So long as Tenant continues to
pay the rent in this Lease reserved and no other default exists
hereunder, the holder or any mortgage or deed of trust affecting
the Leased Premises shall not have the right to interfere with
the possession of Tenant in any other manner whatsoever, so that
Tenant's rights and possess ion shall not be disturbed hereunder
by any such foreclosure or by any person claiming under or
through the Landlord by similar conveyance.
22. (a) The demised premises shall not be used for the
storage of any products whatsoever which will produce excessive
smoke, odors, or fumes, nor for the storage or dumping of toxic,
corrosive or deleterious material, including, but not limited to,
gasoline, fuel oil, pesticides or waste material.
(b) No area shall be used or maintained as a dumping
ground for rubbish or junk. Trash or garbage shall not be kept,
except on a temporary basis, in sanitary containers. All
equipment for the temporary storage or disposal of such material
shall be kept in a clean and sanitary condition.
(c) The Premises shall be kept in a neat and well
ordered condition at all times.
(d) Upon failure of any occupant, tenant, sub-tenant,
licensee, assignee or other person or entity to comply with the
remedy the default by any means, including by going upon the land
and remedying the default and the cost of same shall be a lien
upon the interest of the defaulting party.
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23. (a) Time is of the essence in every particular of this
lease agreement, in respect to the promises, covenants and
agreements, terms and conditions of either Landlord or Tenant,
and particularly shall time be of the essence where the
obligation is that to pay money, rents, required tax payments,
and insurance payments. Where under the terms of this Lease it
is incumbent upon either side to do or perform an act, such act
shall be done and performed promptly, the parties intending that
each side will be liable to the other for any damage caused by
the unreasonable delay of such party in doing or performing such
an act.
(b) All references herein to the Landlord and Tenant
mean the persons who, from time to time, occupy the positions
respectively of the Landlord and Tenant, although this shall not
be construed as relieving any person, firm or corporation of any
liability incurred by him, her or it, by reason of or in
connection with his, her or its having been Landlord or Tenant at
one time or another. . The amount of documentary stamps (or
similar tax hereafter imposed) to be affixed to this Lease, if
any, shall be borne by the Tenant.
(c) Nothing contained herein shall be deemed or
construed by the parties hereto, nor any third party, as creating
the relationship of principal and agent or of partnership or of
joint venture between the parties hereto, it being understood and
agreed that neither the method of computation of rents, nor any
other provisions contained herein, nor any acts of the parties
therein, shall be deemed to create any relationship between the
parties hereto other than the relationship of Landlord and
Tenant. Tenant specifically and definitely acknowledges that all
statutory proceedings provided by the laws of the state of
Florida regulating the relationship of Landlord and Tenant and
remedies accruing to the Landlord upon the default of the Tenant,
respecting collection of the rent or repossession of Demised
premises, shall, at the option of the Landlord, accrue to the
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Landlord, who shall have the benefit of any and all such laws and
statutes.
(d) Landlord and Tenant intend, understand, and agree
that the various rights, powers, options, elections, privileges
and remedies of the Landlord, set forth in this agreement, or
otherwise, shall be construed as cumulative, and no one of them
shall be construed as being exclusive of the other or exclusive
of any rights or priorities allowed by law, except as herein
otherwise provided.
(e) Both parties intend, understand and agree that
default and grace periods referred to in this Lease agreement
shall be deemed to run concurrently and not consecutively.
(f) All covenants, promises, conditions and
obligations herein contained or implied by law, are covenants
running with the land, and shall attach to the land and be
binding upon the heirs, executors, administrators, successors,
legal representatives and assigns, of each of the parties to this
Lease.
(g) It is further understood and agreed that no
modifications, releases, discharges, or waivers, of any
provisions hereof shall be of any force, value and/or effect
unless in writing, signed by the Landlord or its duly authorized
agent.
(h) Whenever herein the singular number is used, the
same shall include the plural, and the masculine gender shall
include the feminine and neuter genders.
(i) The parties hereto agree that this Lease
represents the entire agreement between the parties hereto and
that there are no collateral agreements or understandings.
Tenant agrees that it is not relying on any representations or
agreements other than those contained in this lease.
(j) This agreement is made in and is to be performed
in the state of Florida, and is to be governed by the laws of the
state of Florida.
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(k) This agreement may be executed in as many
counterparts as may be necessary, each one of which shall be
deemed to be an original, but all of which together shall
constitute one and the same agreement.
(1) The Parties agree that this transaction is a valid
and bona fide lease and shall be treated by both Landlord and
Tenant as such in their income taxes.
(m) This lease shall not be recorded.
24. All sums due hereunder shall bear interest at the rate
of 18% per annum after maturity.
25. Landlord shall attempt to collect and remit to the
taxing agency the correct amount of tax due on the rentals paid
hereunder, but should there subsequently found to be due
additional sums, Tenant will promptly remit said sums together
with any interest and penalty thereon.
26. It is expressly and specifically covenanted and agreed
that if the Tenant shall fail to pay the rent herein reserved or
any obligations herein provided to be paid as additional rent
upon the day the same become due and payable and such default
shall continue for thirty ( 30) days, then the entire unpaid
balance of the basic rentals and the entire amount of estimated
additional rental to the end of the term, based upon existing
additional rentals already accrued, shall, at the sole option of
the Landlord, immediately become due and payable.
27. Tenant covenants and agrees that in the event of the
waiver at any time by the Landlord of any particular covenant or
condition of this Lease, said waiver shall extend to the
particular condition of this Lease, said waiver shall extend to
the particular case only for the particular time and in the
particular manner specified, and such waiver shall not be
construed or understood as waiving any further or other rights of
any character whatsoever.
28. Tenant agrees to pay for all utilities, such as water,
gas, and electricity and sewage service charges and any extension
of such utilities, if any is required, that may be levied against
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the Leased Premises during the term hereof, it being the intent
that the rental be net to the Landlord.
29. If Tenant shall be declared bankrupt or become
insolvent according to law, or if a receiver or other officer
shall be appointed to take charge of the whole or a substantial
part of its property for the purposes of winding up the affairs
of Tenant, and such proceedings be not released within sixty (60)
days thereafter, then this Lease shall thereupon, at Landlord's
option, terminate, and upon such termination, there shall become
due and payable to Landlord as liquidated damages for breach of
this lease by Tenant all rent and other obligations herein
required to be paid by Tenant accrued to the date of such
termination.
30. If default shall at any time be made by Tenant in the
payment of rent when due to Landlord as herein provided and if
such default continues for a period of ten (10) days after
written notice by Landlord to Tenant, or if material default
shall be made in any of the other covenants, provisions, and
conditions to be kept, observed and performed by Tenant under
this Leas, and if within thirty ( 30) days after written notice of
such other material default by Landlord to Tenant, Tenant shall
not have corrected said default, then Landlord may, in addition
to all other remedies now or hereafter provided by law, at any
time thereafter prior to the curing of such default, at
Landlord's option, terminate Tenant's right to possession or
declare the term of this Lease ended by giving Tenant written
notice of such termination. Landlord may also . at its option,
instead of forfeiting and cancelling this Lease, take possession
of said Leased Premises and relet the same for the remainder of
the term hereof for the highest rental then reasonably
obtainable, the Landlord reserving the right to make such rental
concessions and remodeling, at Tenant's expense as it deems
necessary, and Tenant shall be liable to Landlord for the amount
of rent reserved hereunder for the remainder of the term plus the
amount of other charges which Tenant has herein contracted for
-15-
and agreed to pay, do, and perform, and the reasonable cost of
obtaining possession of the Leased Premises and of any repair or
alterations necessary to prepare the same for reletting.
Further, tenant shall be responsible for an expenses incurred for
the reletting of the premises, including, but not limited to,
brokerage and legal fees. It is understood that Landlord's
remedies under this Lease are cumulative and the exercise of one
remedy does not preclude the exercise of the other remedies.
In case of termination of this lease under this paragraph,
Tenant hereby grants to Landlord the full and free license to
enter into and upon the Leased Premises and to expel or remove
any and all property therefrom and to dispose of in any manner
without being deemed in any manner guilty of trespassing,
conversion, eviction, forcible entry or detainer.
3l. If default shall be made by Tenant in the performance
of or other compliance with any covenant, provision or condition
of this Lease, other than the payment of rent, and said default
shall have continued for either thirty (30) days after written
notice thereof from Landlord to Tenant or the time for
performance has arrived. Landlord, in addition to other remedies
now or hereafter provided by law, may at its election, perform
such proviso, covenant or condition for or on behalf of Tenant,
or make good on such default, and Tenant agrees to repay to
Landlord immediately any amounts which Landlord may advance
pursuant hereto and which shall be deemed additional rent due
hereunder. Landlord may enter the Leased premises at reasonable
times during business hours to inspect the premises or other
property belonging to Landlord provided that such activities
shall be done without unreasonable interference to Tenant's
business or mode of operations.
32. Additional Conditions:
(a) The property is leased subject to all matters of
record or hereafter filed of record.
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·
(b) The Landlord reserves the right at any time to
grant, impose or create new easements and rights of way on the
land.
(c) The Landlord reserves the right of access for
vehicular and pedestrian across the land for himself and others.
(d) Tenant shall maintain the property in a neat and
clean condition and will take such steps with respect to the
upkeep and landscaping as Landlord may reasonably direct.
(e) The property is taken "as is" and Tenant has had
an opportunity to inspect the physical condition of the property.
Landlord makes no representation as to the suitability of the
property for Tenant's uses nor does Landlord represent that the
proposed use complies with the restrictions and limitations,
laws, rules, regulations, ordinance,s public or private affecting
and governing the land.
( f) No signs are permitted on the property without
prior written consent of Landlord.
33. Any notice to Landlord shall be delivered to: Diocese
of Palm Beach, 9995 N. Military Trial, Palm Beach Gardens, FL
33418, Attn: Real Estate Department, with a copy to Edward D.
Lewis, Alley, Maass, P.O. Box 431, Palm Beach, FL 33480, and to
Tenant by mailing to: 100 East Boynton Beach Boulevard, Boynton
Beach, FL 33425, Attn: ci ty Manager, with a copy to city Risk
Manager at the same address.
34. This lease is entered into for the purpose of
permitting the Tenant, and the Premises are so restricted to,
creation of a free, public nature preserve which will contain a
raised boardwalk area interspersed with kiosks, containing
informational statements, an observation tower and çanoe trails,
parking area and restrooms. In the event that the necessary
permits, grants and appropriations are not received and
construction commenced within thirty-six (36) months of the date
hereof, then this lease shall be terminated. The construction
shall be promptly commenced and diligently pursued in good faith
to completion. In the event that the Premises are thereafter not
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.' .
.
so used, then this lease shall terminate. Landlord reserves the
right to approve all site plans, construction plans and any
future alterations thereof.
35. The park will be constructed in such a manner so as to
place no burden of any manner on Landlord's remaining adjoining
property. By way of example, and not limiting the generality of
the foregoing, drainage and parking facilities shall be
constructed in such a manner so as to not interfere with that of
Landlord and parking shall be designed in such a manner that will
prevent park visitors from parking on Landlord's land. In the
event that, in the course of obtaining permits for the park
facilities, any deficiencies are discovered in Landlord's
drainage of other improvements, then the cost of correcting such
deficiencies shall be borne by the Tenant.
IN WITNESS WHEREOF, the parties hereto have entered into
this agreement the day and year first above written.
Signed, sealed and delivered in TENANT:
the present of: CITY OF BOYNTON BEACH,
FLORIDA
~ ......Æ,~
o ce Cóstello Weiner, Mayor
( rinted Name of witness)
~uu ~_ ATTEST:
arrie Par er
(printed witness) ~~~/~
ci t .. Clerk
(Corporate Seal)
LANDLORD:
~/~ +~.~~
Anl7L fJ. La..c0rtL. ( J. Ke1th Symon as Bishop
(Pripted Nam of itne of the Diocese of Palm
Beach, his successors in
office and assigns forever,
a corporation sole
-18-
- LEGAL DESCRIPTION
-
A parcel of land being all of Lots 5t 12t 21 and 22t and also being
portions of Lots 6 and 11 of plat of "SUBDIVISION OF THE S.W. 1/4 OF
THE S.W. 1/4 OF SEC. 22 AND THE N.W. 1/4 OF THE N.W. 1/4 OF SEC. 27
OF T.45S. R.43E." (for convenience to be hereinafter referred to as
"DEWEY SUBDIVISION") as recorded in Plat Book 1t Page 37 of the
Public Records of Palm Beach CountYt Florida being in Section 22t
Township 45 Southt Range 43 Eastt City of Boynton Beacht Palm Beach
CountYt Florida being more particularly described as follows:
Commencing at the Southwest corner of said Section 22; thence North
89°55'53" East along the South line of said Section 22t a distance of
682.56 feet; thence North 01°32'24" Westt a distance of 325.69 feet
to the Southwest corner of said Lot 22 and the POINT OF BEGINNING of
this description;
thence North 01°32'24" West along the West line of said Lot 22t a
distance of 315.69 feet to the Northwest Corner of said Lot 22;
thence North 01°32'24" West along the Northerly extension of the said
West line of Lot 22t a distance of 20.01 feet to the Southwest corner
of said Lot 11;
thence North 89°59115" East along the South line of said Lot 11 t same
line also being the North line of a strip of land lying between said
Lots 11 and 22 as shown on said "DEWEY SUBDIVISION"t said strip of
land being 20.00 feet in width as shown on survey entitled "Boundary
Survey Prepared For & Certified to: ST. MARK'S CATHOLIC CHURCH" by
O'Brient Suiter & OIBrient Inc.t order no. 83-165dbt dated May 5t
1983 and last revised November 7t 1984t a distance 117.59 fet to a
point of intersection with a chain link fence;
thence North 00°20'16" West along said chain link fencet a distance
of 288.85 feet to a change of direction in said chain link fence;
thence North 03°13'14" East along said chain link fencet a distance
of 27.94 feet to a change of direction in said chain link fence;
thence North 03°02101" West along said chain link fence and the
Northerly extension thereoft a distance of 160.58 feet;
Thence North 89°57122" West along the Easterly extension of the cen-
terline of Northeast 6th Avenuet a distance of 121.71 feet to a point
of intersection with the East line of plat of "CIVIC CENTER
SUBDIVISION" as recorded in Plat Book 12t Page 68 of the said Public
Records;
thence North 01°31152" West along the said East line of "CIVIC CENTER
SUBDIVISION"t same line also being the West line of said Lot 6 of
"DEWEY SUBDIVISION" a distance of 143.99 feet to the Northwest corner
of said Lot 6;
thence South 89°57122" East along the North line of said Lots 5 and
6t same line also being the South line of a strip of land lying North
of said Lots 5 and 6 as shown on said "DEWEY SUBDIVISION"t said strip
of land being 20.00 feet in width as shown on said survey by O'Brient
suiter & O'Brient Inc.t a distance of 677.04 feet to the Northeast
corner of said Lot 5;
thence South 01°47'02" East along the East lines of said Lots 5 and
12t a distance of 620.79 feet to the Southeast corner of said Lot 12;
thence South 01°47102" East along the Southerly extension of the said
East lines of Lots 5 and 12t a distance of 20.01 feet to the
Northeast corner of saij Lot 21;
thence South 01°47'02" East along the East line of said Lot 21t a
distance 315.40 feet to the Southeast corner of said Lot 21;
thence South 89°57134" West along the South lines of said Lots 21 and
22t a distance of 681.19 feet to the POINT OF BEGINNING;
EXHIBIT A
~ -2-
~
.
LESS the following described 20.00 foot wide strip of land lying South of
said Lots 11 and 12 and North of said Lots 21 and 22 as shown on said
"DEWEY SUBDIVISION" and said survey by O'Brien, Suiter & OIBrien, Inc.
being more particularly described as follows:
BEGINNING at the said Northwest corner of Lot 22;
thence North 01°3212411 West along the said Northerly extension of the West
line of Lot 22, a distance of 20.01 feet to the said Southwest corner of
said Lot 11;
thence North 89°5911511 East along the said South lines of Lots 11 and 12,
a distance of 679.77 feet to the Southeast corner of said Lot 12;
thence South 01°4710211 East along the said Southerly extension of Lot 12,
a distance of 20.01 feet to the said Northeast corner of Lot 21;
thence South 89°5911511 West along the said North lines of Lots 21 and 22,
a distance of 679.85 feet to the said Northwest corner of Lot 22 and the
POINT OF BEGINNING.
Containing 13.26 Net Acres, more or less, (Not including LESS parcel).
Subject to existing Easements, Rights-of-Way, Restrictions and
Reservations of Record.