R21-086 1 RESOLUTION NO. R21-086
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 AUTHORIZING THE CITY MANAGER TO SIGN A COMMERCIAL
4 LEASE AGREEMENT WITH FLORIDA ATLANTIC UNIVERSITY TO
5 PROVIDE FOR THE CREATION, DEVELOPMENT, AND OPERATION
6 OF AN ECONOMIC DEVELOPMENT HUB WITHIN THE CITY HALL
7 INNOVATION SPACE TO ACCELERATE TECHNOLOGY
8 DEVELOPMENT AND INCUBATE STARTUP COMPANIES; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the City developed a mixed-use facility that includes a City Hall, Library,
12 Café, Innovation space and cultural space and engaged the experienced Commercial Real Estate
13 Advisory Services of E2L Real Estate Solutions, the Master Developer for the Town Square
14 project and Avison Young to market and lease any space constructed within the new City
15 buildings; and
16 WHEREAS, through a competitive process, E2L and Avison Young selected Florida
17 Atlantic University(FAU)to provide for the creation,development,and operation of an economic
18 development hub to accelerate technology development and incubate startup companies through,
19 structured team mentoring; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to approve and
22 authorize the City Manager to sign a commercial lease agreement with Florida Atlantic University
23 to provide for the creation, development, and operation of an economic development hub within
24 the City Hall innovation space to accelerate technology development and incubate startup
25 companies.
26 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH,FLORIDA,THAT:
28 Section 1. Each Whereas clause set forth above is true and correct and incorporated
29 herein by this reference.
30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
31 approve and authorize the City Manager to sign a commercial lease agreement with Florida
S:\CA\RESOWgreements\Lease Agreement With FAU For Innovation Space-Reso.Docx
32 Atlantic University to provide for the creation, development, and operation of an economic
33 development hub within the City Hall innovation space to accelerate technology development and
34 incubate startup companies. A copy of the Lease Agreement is attached hereto as Exhibit"A".
35 Section 3. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 20th day of July,2021.
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor—Steven B. Grant
42
43 Vice Mayor—Woodrow L. Hay
44
45 Commissioner—Justin Katz Atser+
46
47 Commissioner—Christina L. Romelus
48
49 Commissioner—Ty Penserga
50
51 VOTE
52 ATTEST:
53
54 '</�
55
56 C tal Gibson, MMC
57 City Clerk
58
59
60 (Corporate Seal)
r
S:\CA\RESO\Agreements\Lease Agreement With FAU For Innovation Space-Reso.Docx
R21-086
Business Incubator- Commercial Lease Agreement
is Commercial Lease Agreement ("Lease") is made and effective this SOS N day of
vC,L,-S-i- ,2021,by and between CITY OF BOYNTON BEACH, 100 East Ocean Avenue,
Boynton Beach, Florida 33435 ("Landlord") and THE FLORIDA ATLANTIC UNIVERSITY
BOARD OF TRUSTEES O/B/O TECH RUNWAY, a Florida public body corporate,on behalf of
Tech Runway ("Tenant").
Landlord is the owner of land and improvements commonly known as Boynton Beach City Hall
100 E. Ocean Avenue, Boynton Beach, Florida 33435 and described as set forth below (the
"Building"):
DESCRIPTION OF PROPERTY: Landlord desires to lease 1718 square feet("Leased Premises")
of the Building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the
Term (defined below), at the rental and upon the covenants, conditions and provisions herein set
forth.See attached Exhibit"A"for diagram of Leased Premises,and available sign location,herein
incorporated into this Lease by this reference.
THEREFORE, in consideration of the mutual promises herein, contained and other good and
valuable consideration, it is agreed:
1. Term.
A. The term of the Lease shall be for a period of_60 months_L5 )years,commencing on
October 1, 2021.
B. The Landlord hereby grants the Tenant two (2) option(s) to renew this Lease for a period
of five (5) years each on the same terms and conditions provided herein. If the Tenant desires to
exercise these option(s), it shall so notify the Landlord no later than ninety (90) days prior to the
date the original term or applicable renewal term expires. For purposes hereof,the "Term"means
the original term and all renewal terms, if applicable.
C. Either party may terminate the lease by giving the other party ninety (90) days written
notice.
D. Tenant shall comply with all terms of the Grant Agreement between Landlord and the
Tenant.
2. Rental.
A. Tenant shall pay to Landlord annually during the Term rental of$1,800.00 per month. In the
event the Tenant elects to renew the Lease for any additional renewal period, the rental cost per
month shall be increased by three (3%) percent per renewal period. All payments shall be made
to Landlord at Boynton Beach City Hall, Finance Department, 100 E Ocean Avenue, Boynton
Beach, FL 33435.
{00453709.5 306-9001821)
All payments due and payable by Tenant under this Agreement shall bear interest from the tenth
(10th)day subsequent to the date due, and continue until paid at the rate established pursuant to §
55.03(1), F.S.
3. Use.
The Tenant shall have the exclusive use of the Leased Premises, to be used for educational and
administrative purposes, which shall include, but not be limited to co-working and small
workshops/seminars tied to the FAU Tech Runway program. The Landlord represents that the
Leased Premises may be used for Tenant's intended purposes. Tenant may also use the Leased
Premises for any other lawful purpose in furtherance of, or related to, its Tech Runway program
administration and operations. Tenant shall only use the Leased Premises during the building's
standard hours of operation, as set by the Landlord and as may be amended from time to time
("Building's Standard Hours of Operation"). Tenant may use the Leased Premises outside of the
Building's Standard Hours of Operation, provided the Tenant receives prior written consent of
the Landlord, not to be unreasonably withheld, conditioned, or delayed, and the Tenant pays for
all the additional costs reasonably related to the to Tenant's occupancy of the Leased Premises
outside of the Building's Standard Hours of Operation including but not limited to utilities,
security,etc.
4. Sublease and Assignment.
This Lease is not assignable and Tenant may not sublease the Leased Premises.
5. Repairs, Cleaning, and Maintenance.
Landlord, at Landlord's expense, shall maintain the Leased Premises in good condition and
repair throughout the Lease Term. This shall include, but not be limited to, the requirement that
Landlord maintain, repair, and replace, as necessary, all portions of the Leased Premises,
including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls,
imbedded utility lines, gutters, downspouts and subfloors, HVAC, parking lot, driveways,
sidewalks. Tenant shall be responsible for all Tenant improvements to the Leased Premises and
any and all repair or replacement of said improvements.
Landlord, at Landlord's expense, is responsible for the following equipment and services to the
Building and the Leased Premises, throughout the Term: HVAC, roof, and plumbing repairs, as
follows.
A. heating and air conditioning equipment, which shall be operated and maintained by
Landlord in satisfactory operating condition;
B. Roof and plumbing repairs;
C. light fixtures and services related to same, including responsibility for replacement of all
bulbs,tubes, and starts used in such fixtures for the purpose of furnishing light;
(00453709.5 306-9001821
D. basic exterior janitorial services (windows, doors, etc.), and all necessary supplies,
including, but not limited to,the provision of trash disposal; and,
E. pest control services.
Tenant, at Tenant's expense shall be responsible for all costs of interior janitorial services, which
will be provided by the janitorial company contracted by the Landlord. The Landlord shall
invoice the Tenant for such costs, and the Tenant shall make payment to the Landlord for the
additional costs at the same time of the Tenant's next rental payment.
All services required above shall be provided on the Landlord's schedule.
6. Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel,
redecorate, and make additions, improvements and replacements of and to all or any part of the
Leased Premises from time to time as Tenant may deem desirable, provided the same are made
in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to
place and install personal property, specialty lighting, trade fixtures, equipment and other
temporary installations in and upon the Leased Premises, and fasten the same to the premises.
All personal property, equipment, machinery, trade fixtures and temporary installations, whether
acquired by Tenant at the commencement of the Lease Term or placed or installed on the Leased
Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by
Landlord or any mortgagee or lienholder of the Landlord. Tenant shall have the right to remove
the same at any time during the Term of this Lease provided that all damage to the Leased
Premises caused by such removal shall be repaired by Tenant at Tenant's expense. The Landlord
specifically waives any statutory or common law landlord's lien and all rights granted under
present or future laws to levy or distrain for rent against the aforesaid property of Tenant on the
Leased Premises.
7. Property Taxes.
A. The Landlord shall pay all public charges and assessments assessed or imposed upon the
Leased Premises.
B. If applicable, Tenant shall be responsible for paying all personal property taxes with
respect to Tenant's personal property at the Leased Premises.
C. Tenant is a tax immune sovereign and exempt from the payment of sales, use, or excise
taxes; Tenant shall provide a certificate to Landlord, prior to the commencement of the Lease.
8. Insurance and Indemnity.
The Tenant is a self-insured entity with a general liability risk management program, including
the administration of general liability claims, settlement of claims, a claims prevention program,
and trust fund pursuant to Florida law. The Tenant agrees to secure and keep in full force and
effect and throughout the term of this Lease, at Tenant's sole cost and expense, the insurance
program pursuant to Florida law, and as approved by the City's risk management department.
(00453709.5306-9001821)
Prior to commencement of the Lease, Tenant shall provide Landlord with proof of self-
insurance.
Tenant shall indemnify and hold harmless Landlord and its officers, employees and agents from
any and all personal injury or property damage claims, liabilities, losses or causes of action
which may arise as a result of the negligence of Tenant or Tenant's employees when acting
within the course and scope of their employment. Similarly, Landlord agrees to be responsible
for its negligent acts or omissions, and the negligent acts or omissions of its officers, employees,
servants, and agents when acting within the scope of their employment or agency, and agrees to
be liable for any damage or injury resulting from said negligent acts or omissions. The foregoing
commitments shall be subject to the limitations provided under Section 768.28 of the Florida
Statutes. Nothing contained herein, or in any term or condition contained within this Agreement
or any sub-contract, policy or procedure referenced herein, shall be construed or interpreted as
(1) denying to any party any remedy or defense available to such party under the laws of the
State of Florida; (2) the consent of the Landlord or the Tenant Parties ("Tenant Parties" shall
mean to include the Florida Atlantic University Board of Trustees(FAU), its affiliates, the Board
of Governors,the State of Florida or any of their respective officers, employees, servants, agents,
agencies, political subdivisions, or public bodies corporate)to be sued; (3) a waiver of sovereign
immunity of the Landlord or Tenant Parties beyond the waiver provided in Section 768.28,
Florida Statues; or (4) the consent of either party, the State of Florida or its officers, employees,
servants, agents, agencies, political subdivisions, or public bodies corporate to the jurisdiction or
authority of any laws, forum or court outside the State of Florida. Each party shall promptly
notify the other party immediately in writing of any claim that may be subject to this section. The
parties shall cooperate with each other in the investigation and disposition of any claim, provided
that nothing shall require the other party to disclose any documents, records or communications
that are protected under the peer review privilege, the attorney-client privilege or the attorney
work-product privilege. The provisions of this section shall survive the termination of the
Agreement.
9. Utilities.
The Landlord shall pay for all utilities required by Tenant for its use and operation of the Leased
Premises, including, but not limited to, gas, heat, water, sewer, power, and electricity, to the
extent that such additional costs for the Tenant's utilities do not unreasonable increase the
Landlord's utilities at the Building in relation to the size of the Leased Premises. Landlord has
the right to install a separate meter and bill the Tenant directly for the Tenant's utilities,provided
the Tenant's use of the Leased Premises causes an unreasonable increase in the utilities at the
Building. Tenant shall pay for its share of any costs for Tenant's use of electricity outside of the
Building's Standard Hours of Operation; Landlord shall pay the amount due and separately
invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within
fifteen(15)days of invoice.
10. Signs.
(00453709.5 306-9001821)
With Landlord's approved consent as to the appearance, not to be unreasonably withheld,
conditioned, or delayed, Tenant shall be permitted to install signage on the Building or exterior
windows, in the location(s) detailed on Exhibit A or as may otherwise be agreed to by the
parties. Once installed, the Tenant sign shall be maintained by the Tenant. Any replacement of
such Building signage as requested by Tenant for Tenant's own purposes (e.g., in the event of a
Tenant name change), and not due to the condition of the sign or otherwise, shall be at the
Tenant's cost and expense. If a tenant directory exists at the Building, Landlord shall include
Tenant's name in the directory.
Additionally, Tenant shall have the right to place on the Leased Premises, at locations selected
by Tenant, any signs which are permitted by applicable zoning ordinances and private
restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's
reasonable discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with
or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and
cooperate with Tenant in obtaining any necessary permission from governmental authorities or
adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant
shall repair all damage to the Leased Premises resulting from the removal of signs installed by
Tenant,except for normal wear and tear.
11. Entry.
Landlord, upon reasonable prior written notice to Tenant, shall have the right to enter upon the
Leased Premises at reasonable hours to inspect the same, perform maintenance, or make repairs
as it is required under this Lease, provided Landlord shall not thereby unreasonably interfere
with Tenant's business on the Leased Premises. Landlord shall have the right to enter the Leased
Premises at any time without notice in the event of an emergency, but in such case Landlord will
provide Tenant with notice of such entry as soon as possible thereafter.
12. Parking.
During the Term of this Lease, Tenant shall have the non-exclusive use of at least ten (10)
allocated public parking spaces during the Building's Standard Hours of Operation, in common
with Landlord, other tenants of the Building, their guests and invitees, of the non-right of way,
non-reserved, common automobile parking areas, driveways, and footways, subject to rules and
regulations for the use thereof as prescribed from time to time by Landlord, at no additional cost
or expense. Landlord reserves the right to alter the Tenant's designated parking areas for Tenant
and Tenant's agents and employees. Additionally, Tenant shall be entitled to request the parking
spaces to be designated for Tech Runway in the event that accessing the allocated parking
becomes an issue,as reasonably determined by Tenant and Landlord.
13. Damage and Destruction.
If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire,
casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease may
be deemed terminated by either party as of the date of such damage. In the event this Lease is
not terminated, and the damage or destruction was not directly resulting from Tenant's
(00453709.5306-9001821(
negligence, gross negligence, or willful misconduct, the rent shall be reduced during the period
of repair or restoration to the extent the Leased Premises are rendered unusable by the Tenant, in
the Tenant's reasonable judgment, in the conduct of its business. Such abatement shall continue
until the earlier to occur of (a) the date the Tenant reopens for business; or (b) thirty (30)
calendar days after substantial completion of Landlord's repair or restoration work.
The Landlord shall provide for fire protection during the Term in accordance with the fire safety
standards of the authority having jurisdiction over this area, which may include, but not be
limited to, the State Fire Marshal. The Landlord shall be responsible for maintenance and repair
of all fire protection equipment necessary to conform to the requirements of the applicable
Building and Fire Safety Codes and the authority having jurisdiction thereof.
14. Force Majeure.
Neither party shall be liable to the other party for any interruption, failure, inability, or delay to
perform hereunder, if such failure, inability, or delay is due to any cause beyond the reasonable
control of the party so failing, including, without limitation,acts of God,acts of any government,
war or other hostility, civil disorder,the elements, fire, explosion, or labor dispute, or inability to
access necessary supplies, and due diligence is used in curing such cause and in resuming
performance. In the event Tenant's use of the Leased Premises is disrupted due to the events
described in this paragraph to such an extent that Tenant cannot, in its reasonable discretion,
operate for business for a period of more than ten (10) days, the rent payable under this Lease
shall abate during the remaining period of disruption.
15. Tenant's Default.
If default shall at any time be made by Tenant in the payment of rent when due to Landlord as
herein provided, and if said default shall continue for more than thirty (30) days after written
notice thereof shall have been given to Tenant by Landlord more than two (2) times in a year of
the Term, or if material default shall be made in any of the other covenants or conditions to be
kept, observed and performed by Tenant, and such default shall continue for thirty (30) days
after notice thereof in writing to Tenant by Landlord without correction thereof then having been
commenced and thereafter diligently prosecuted, Landlord may declare the Term of this Lease
ended and terminated by giving Tenant written notice of such intention, and if possession of the
Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in
addition to the remedy above provided, any other right or remedy available to Landlord on
account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to
mitigate its damages.
16. Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder,
Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and
uninterrupted possession of the Leased Premises during the Term of this Lease. Notwithstanding
anything to the contrary contained herein, in the event Tenant's quiet enjoyment of the Leased
Premises is disturbed, then, after Landlord's cure period of thirty (30) days, in addition to any
(00453709.5 306-9001821)
other remedies available to Tenant hereunder or at law or in equity, Tenant shall be entitled to an
equitable proration of the rent Tenant is required to pay hereunder according to the duration of
the disturbance.
17. Security.
The Landlord, at Landlord's expense, shall be responsible for providing reasonable security for
the Building and the Leased Premises at all times during the Building's Standard Hours of
Operation.
18. Building Access.
A. There shall be open access to the Building during Standard Hours of Operation(as herein
defined). At all other times, access to the Building may be restricted, at Landlord's election, by
use of a card access system at an entrance to the Building. Within thirty (30) days after
Landlord's receipt of written request from Tenant identifying the cardholders, together with
appropriate information regarding the individual cardholders (as reasonably requested by
Landlord), Landlord shall furnish Tenant,at full cost to Tenant, access cards or keys as requested
by Tenant for entering the Building. The Landlord shall invoice the Tenant for costs associated
with the card access system, and Tenant shall pay such amounts within fifteen (15) days of
invoice. Notwithstanding the foregoing, Tenant shall be permitted to install a security system
within the interior of the Premises to control access to the interior of the Premises which may
include card readers on interior fire stairs, provided (i) such security system is compatible in all
respects with Landlord's base building systems and Landlord's card access system for the
Building, (ii) Landlord is provided an access key or code to enter upon the Premises such that
Tenant's security system does not otherwise impede Landlord's access to the Premises as may be
required from time to time hereunder, and (iii) at Landlord's election, Tenant agrees to remove
such security system from the Premises upon the expiration or earlier termination of this Lease
and restore the Premises to the condition in which it existed immediately prior to the installation
of such security system. Upon termination of this Lease, Tenant shall surrender to Landlord all
access cards and keys related to the Premises, and give to Landlord the combination of all locks
for sages, safe cabinets and vault doors, if any, to remain in the Premises and in the event Tenant
fails to return all such access cards to Landlord at the end of the Term, Tenant shall pay Landlord
$25.00 for each such access card not returned to Landlord.
B. Community Room Access: With the Landlord's prior written consent and approval, not
to be unreasonably withheld, conditioned, or delayed, Tenant may access the Landlord's
Community Room located within the Building, provided the Community Room has not already
been reserved, on the same terms as the Landlord allows departments and groups from the public
to access said Community Room, as may be amended from time to time.
19. Condemnation.
(00453709.5306-9001821)
If any legally, constituted authority condemns the Building or such part thereof which shall make
the Leased Premises unsuitable for leasing, this Lease may be terminated by either party when
the public authority takes possession, and Landlord and Tenant shall account for rental as of that
date. Such termination shall be without prejudice to the rights of either party to recover
compensation from the condemning authority for any loss or damage caused by the
condemnation. Neither party shall have any rights in or to any award made to the other by the
condemning authority.
20. Notice.
Any notice required or permitted under this Lease shall be deemed sufficiently given or served if
sent by United States certified mail,return receipt requested,addressed as follows:
Landlord to:
City of Boynton Beach
Attn: City Manager
100 East Ocean Avenue
Boynton Beach, FL 33435
Tenant to:
FAU Tech Runway
Division of Research
777 Glades Road
Boca Raton, FL 33431
Landlord and Tenant shall each have the right from time to time to change the place notice is to
be given under this paragraph by written notice thereof to the other party.
21. Brokers.
Landlord warrants and represents to Tenant that the only broker involved with this Agreement is
Danielle Vennnett with Avison Young — Florida, LLC, a Florida limited liability company,
representing Landlord. Tenant shall not be responsible for any brokerage fees related to this
Agreement or otherwise, and shall be held harmless from and against liability for compensation
or charges which may be claimed by the foregoing broker or any related parties. Tenant warrants
and represents that no brokers have been involved in this transaction on behalf of Tenant.
22. Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to
take any action on account of such default if such default persists or is repeated, and no express
waiver shall affect any default other than the default specified in the express waiver and that only
for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall
not be construed as a waiver of a subsequent breach of the same covenant,term or condition.
{00453709 5 306-9001821)
23. Headings.
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
24. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their
respective legal representatives and successors.
25. Landlord's Performance.
If there is a default with respect to any of Landlord's covenants, warranties or representations
under this Lease, and if the default continues more than thirty (30) days after notice in writing
from Tenant to Landlord specifying the default (except in the event of an emergency, in which
case only reasonable notice shall be required), Tenant may, at its option and without affecting
any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing
installment or installments of rent payable hereunder until Tenant shall have been fully
reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of
twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to
Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued
interest to Tenant on demand. Tenant may also seek and enforce any other lawful remedies to
which it may be entitled.
26.Availability of Funds.
The obligations of the Tenant under this Lease are subject to the availability of funds lawfully
appropriated annually for its purposes by the Legislature of the State of Florida and/or the
allotment of funds through contractor or grant programs. Tenant shall provide notice to
Landlord when it is aware of any such unavailability. Notwithstanding the foregoing, Tenant
shall use its reasonable best efforts to secure such funding.
27. Not Consent to Sue.
The provisions, terms, or conditions of this Lease shall not be construed as a consent of the State
of Florida to be sued because of said leasehold. Nothing in this Lease shall be construed as a
waiver of any sovereign immunity of Tenant.
28. Third Parties.
There are no third-party beneficiaries to this Lease.
29. Independent Contractors.
It is mutually understood and agreed that the relationship between the parties shall be that of
independent entities contracting with each other at arm's length towards an independent
{00453709.5 3069001821
contractor relationship. This Lease does not and shall not be construed to create the relationship
of agent, employee, partnership,joint venture or association between the parties.
30. Compliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now or
hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws,
orders, ordinances and other public requirements now or hereafter affecting the Leased Premises.
The Landlord represents and warrants that the Leased Premises is in compliance with all laws,
rules and regulations applicable thereto, including, but not limited to, environmental compliance,
fire safety, life safety, and disabled access standards applicable to Tenant owned or leased
buildings. In addition, Landlord shall be responsible for causing the Leased Premises to comply
with all hereinafter enacted laws, rules, and regulations applicable thereto. The Landlord agrees
that the Leased Premises shall be available for inspection by the State Fire Marshall or other
applicable authority,prior to occupancy by the Tenant,and at any reasonable time thereafter.
31. Hazardous Material.
Landlord represents and warrants to Tenant that,to the best of Landlord's knowledge,the Leased
Premises are free and clear of Hazardous Materials (as hereinafter defined). For the purposes of
this Lease, "Hazardous Materials" means substances regulated under federal law or by the laws
of the state or municipality, in which the Leased Premises are located, and including, but not
limited to, asbestos and petroleum-related products. Tenant shall not be responsible for any
Hazardous Materials located on the Leased Premises at the time Landlord delivers possession of
the Leased Premises to Tenant.
32. Expiration of Term.
At the expiration of the Term, the Tenant will peaceably yield up to the Landlord the Leased
Premises in good order and condition, ordinary wear and tear, damage from casualty and
condemnation excepted. It is understood and agreed between the parties that the Tenant shall
have the right to remove from the Leased Premises all fixtures, machinery, equipment,
appurtenances, appliances and other personal property placed or installed on the Leased Premises
by Tenant. If Tenant fails to surrender the possession of the Leased Premises at the expiration or
termination of this Lease, Tenant shall pay, as holdover rent, an amount equal to the rent payable
during the last month of the Term,prorated for each day that Tenant fails to surrender possession
of the Leased Premises, and this Lease shall thereafter continue on a month-to-month basis,
terminable by either party upon thirty(30)days' notice.
33. Tenant's Covenants.
Tenant covenants that it is public body corporate and that it will maintain that status during the
Term of this lease. On written request from the landlord, Tenant will promptly provide proof of
and execute affidavits attesting to that status.
34. Final Agreement.
{00453709.5 306-9001821
This Lease terminates and supersedes all prior understandings or agreements on the subject
matter hereof. This Lease may be modified only by a further writing that is duly executed by
both parties. This Lease may be executed in counterparts, each of which shall be deemed to be
an original, but all of which together will constitute one and the same Lease.
35. Governing Law and Venue.
This Lease shall be governed, construed and interpreted by, through and under the Laws of the
State of Florida. Notwithstanding any provision in this Lease to the contrary, this Lease shall be
subject to and must be in conformance with all applicable federal, state, local, Florida Board of
Governor's and Tenant's regulations, policies and/or procedures, including, but not limited to,
BOG Regulation 17.001. Each party shall comply with all applicable local, state, and federal
laws, rules and regulations,as well as any and all governing agencies,pertaining to this Lease. In
the event of court action to enforce this lease, venue will be in Palm Beach County, Florida.
(00453709.5 306-90018211
IN WITNESS OF THE FOREGOING,the Parties have set their hands and seal the day
and year first written above.
CITY:
ATTEST: CITY OF BOYNTON BEACH
4By: L
C stal Gibson, Ct3Clerk Lori Laverriere
CityManager
4'1 4
•
APPRO D"if0 FORM:
Lad
Of Ce of the IPKttorney
c.
TENANT:
THE FLORIDA ATLANTIC UNIVERSITY
BOARD OF TRUSTEES
OB/O
TECH RUNWAY
By: -c --NE
Name: Melody Thelwell
Title: Director of Procurement
Date: August 25, 2021
Attest/Authenticated:
(Corporate Seal)
By:
{00453709.5 306-9001821{