HomeMy WebLinkAboutAgreement_General_11/30/2009
LEASE AGREEMENT
between
THE VILLAGE OF TEQUESTA
(Landlord)
and
AIM ENGINEERING & SURVEYING, INC.
(Tenant)
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this ,~ day of
November, 2009, by and between the VILLAGE OF TEQUESTA, a municipal
corporation of the State of Florida, with offices located at 345 Tequesta Drive, Tequesta,
Florida 33469, hereinafter referred to as "Landlord" and AIM ENGINEERING &
SURVEYING, INC., a Florida corporation whose principal office is located at 5300 Lee
Boulevard, Lehigh Acres, Florida 33971, hereinafter referred to as "Tenant".
WITNESSETH:
WHEREAS, Landlord is the owner of certain real property in Tequesta, Florida,
known as 465 Seabrook Road, (the "Property"); and
WHEREAS, the Property is improved with a Fire Station Building ("Building");
and
WHEREAS, Tenant desires to lease certain portions of the Building ("Premises"),
in order have a local office in the Village of Tequesta; and
WHEREAS, Landlord is willing to lease the Premises, as hereinafter defined, to
Tenant for the purpose of having a local office in the Village of Tequesta.
NOW THEREFORE, in consideration of the rents, covenants, and agreements
hereinafter reserved and contained on the part of Tenant to be observed and performed,
the Landlord demises and leases to Tenant, and Tenant rents from Landlord the Premises
as hereinafter defined upon the following terms and conditions:
Section 1 Premises.
The Premises subject to this Lease Agreement shall be comprised of the sections
of the Building consisting of approximately 1,022 gross square feet as depicted in Exhibit
"A" attached hereto and by reference made a part hereof (the "Premises"). Tenant shall
have exclusive use of the Premises.
Section 2 Parking and Common Areas.
The use and occupancy of the Premises by Tenant shall include non-exclusive use
of the common areas and parking areas around the Building also used by Landlord and
Landlord's invitees. However, Tenant shall have first priority to parking.
Section 3 Length of Term and Effective Date.
The term of this Lease shall commence on the date of full execution of this Lease
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Agreement (the "Effective Date"), and shall extend for a term of one (1) year, unless
sooner terminated by either party pursuant to the provisions of this Lease Agreement.
This Lease Agreement may be renewed for additional one (1) year terms exercisable by
the Tenant any time prior to the expiration of the initial one year term or any extension
thereof.
Section 4 Monthly Rent.
Tenant shall pay Landlord for the use and occupancy of the Premises a monthly
gross rent of EIGHT HUNDRED FIFTY ONE DOLLARS and SIXTY SIX CENTS ($
851.66) based upon a rate of $10.00 per gross square foot of the Premises. Rent shall be
paid on a monthly basis. Rent for the initial month (or prorated part thereof,
commencing on the Effective Date) shall be paid in conjunction with the execution of this
Lease Agreement. Thereafter, all rent due hereunder shall be payable in advance on or
before the first day of each month during the Term of this Lease Agreement or any
subsequent renewal period.
Section 5 Use of Premises.
(a) The Premises shall be used for a local office for Tenant's engineering and
surveying practice, and any lawful purpose associated therewith.
(b) Tenant shall not commit waste upon the Premises, nor maintain, commit or
permit the maintenance or commission of a nuisance thereon, or use the Premises for any
unlawful purpose. Tenant acknowledges that its employees and the Premises shall,
throughout the term of this Lease Agreement and any subsequent renewal period, be in
full compliance with all federal, state county and local laws respecting the occ ncy and
use of the Premises.
Section 6 Responsibility of Landlord.
Landlord shall provide water to the Premises, at Landlord's sole cost and expense.
Landlord shall not be liable for an interruption or failure in the supply of such service to
the Premises resulting from a failure of the utility company to provide service to the
Premises. Landlord shall maintain the Building, including the Premises, as well as the
parking and common areas in good repair during the Term of this Lease Agreement,
except in the case of damage arising from any act of negligence of Tenant. Landlord
shall promptly repair any item on the Premises required to be repaired by Landlord under
this Lease Agreement within a reasonable time, but in no event later than 15 days;
provided, however, that if the nature of the repair is such that more than 15 days are
required for performance, then Landlord shall be entitled to a reasonable period of time
under the circumstances in which to perform said repair.
Section 7 Tenant's Work.
Tenant shall be entitled to make minor alterations of a decorative nature to the
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Premises which do not change or impact the structure or design of the Premises at
Tenant's sole cost and expense. Any such minor alterations shall be solely for the benefit
and convenience of Tenant, and not for the benefit of Landlord, such minor alterations
being nevertheless subject to each and every provision of this Lease Agreement. Any
such minor alterations to the Premises shall require the prior written approval of Landlord
in each instance, which approval shall not be unreasonably withheld.
Section 8 Personal Property.
All of Tenant's personal property placed or moved into the Premises shall be at the
risk of Tenant. Except as otherwise provided herein, Landlord shall not be liable for any
damage to such personal property, except to the extent caused by the Landlord, its
agents', or its employees' willful or negligent acts or omissions.
Section 9 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease Agreement, Tenant, at
its sole cost and expense, shall remove Tenant's personal property and removable fixtures
and equipment from the Premises, and shall surrender the Premises to the Landlord.
Upon surrender of the Premises, title to any Alterations as provided in Section 7 above,
shall vest in Landlord.
Section 10 Liability.
Tenant shall indemnify, defend, and save harmless Landlord, its elected officials,
agents, guests, invitees and employees, from all suits, actions, claims, demands, damages,
losses, expenses, including attorney's fees, costs and judgments of every kind and
description to which Landlord, its elected officials, agents, guests, invitees and
employees may be subjected by reason of personal injury, bodily injury including death,
or property damage, resulting from or growing out of any intentional, negligent, reckless,
or careless act of commission, omission, or consequential damage connected with Tenant
its subcontractors, its agents, its guests or employees use of the Premises or the parking
and common areas as contemplated by this Lease Agreement.
Section 11 Insurance.
(a) Liability Insurance.
Tenant shall, during the term of this Lease Agreement and any subsequent renewal
period, provide Landlord with a certificate evidencing self-insurance coverage for
comprehensive general liability insurance in the amount of One Million Dollars
($1,000,000) per person and Two Million Dollars ($2,000,000) per incident or occurrence
and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes.
(b) Insurance by Landlord.
Landlord shall, during the term of this Lease Agreement and any subsequent
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renewal period, provide Tenant with a certificate evidencing casualty insurance on the
Building and all other appropriate insurance coverage for the Premises. The Tenant shall
be listed as an additional insured on such certificates of insurance. Landlord shall be
fully responsible for any deductible or uncovered loss relative to insurance for the
Premises. Landlord shall maintain Worker's Compensation & Employer's Liability
insurance in accordance with Chapter 440 Florida Statutes.
Section 12 Damage or Destruction of Premises.
In the event the Building and/or Premises shall be destroyed or so damaged or
injured by fire or other casualty, or condemned during the term of this Lease Agreement
and any subsequent renewal period, whereby the same shall be rendered untenable, in
whole or in part, Tenant shall have no responsibility for the restoration of the Premises,
and both the Landlord and Tenant shall have the right to terminate this Lease Agreement,
whereupon the parties shall be relieved of all further obligations hereunder occurring
subsequent to the date of such casualty.
Section 13 Default.
(a) Default by Tenant
The occurrence of any one or more of the following shall constitute an Event of
Default by Tenant under this Lease Agreement: (i) failure by Tenant to pay the Monthly
Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by Tenant
to perform or observe any of the agreements, covenants, or conditions contained in this
Lease Agreement on Tenant's part to be performed or observed for more than thirty (30)
days after notice from Landlord of such failure; (iii) Tenant's vacating or abandoning the
Premises in violation of the termination provisions as set forth in Section 14; or (iv)
Tenant's leasehold estate being taken by execution, attachment, or process of law. If any
Event of Default occurs, then, at any time thereafter while the Event of Default continues,
Landlord shall have the right to give Tenant notice that Landlord intends to terminate this
Lease Agreement upon a specified date not less than thirty (30) days after the date notice
is received by Tenant, and this Lease Agreement shall then expire on the date specified as
if that date had been originally fixed as the expiration date of the Term of this Lease
Agreement. If, however, the default is cured within such period or within a reasonable
period thereafter if the same cannot be cured within such period and Tenant undertakes
such cure within such period and the Landlord is so notified, this Lease Agreement will
continue.
(b) Default by Landlord
Landlord shall be in default of this Lease if Landlord shall fail to observe or
perform any term, covenant, or condition of this Lease on the Landlord's part to be
observed or performed, and the Landlord fails to remedy the same within thirty (30) days
after notice from Tenant. In the event the default is of such a nature that it cannot be
reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to
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a reasonable period of time under the circumstances in which to cure said default,
provided that Landlord diligently proceeds with the curing of the default. In the event that
the default is not cured by Landlord within the foregoing time period, Tenant, at Tenant's
option, may either cure said default and Landlord shall reimburse Tenant for all expenses
incurred by Tenant in doing so, or Tenant may give to the Landlord a thirty (30) days
notice specifying that the Tenant intends to terminate this Lease Agreement. Upon receipt
of said notice and expiration of the thirty (30) day period with no cure of the default by
Landlord, this Lease Agreement and all obligations of Tenant hereunder shall terminate
and Tenant shall thereupon be relieved of all further obligations hereunder.
Section 14 Termination.
Either party may terminate this Lease Agreement upon 30 days notice to the other
party. Tenant shall not be liable for rent subsequent to any early termination date of the
Lease Agreement.
Section 15 Assignment and Subletting.
Tenant may not assign, mortgage, pledge, or encumber this Lease Agreement in
whole or in part, nor sublet all or any portion of the Premises, without Landlord's prior
written consent. Any assignment, mortgage, pledge, or encumbrance of this Lease
Agreement by Tenant shall be subject to the terms of this Lease Agreement.
Section 16 Access to the Premises and Quiet Enjoyment.
(a) Tenant shall control access to the Premises and may unilaterally decide
whether to re-key the Premises at any time during the term of this Lease Agreement or
any subsequent renewal thereof. Tenant shall peaceably and quietly hold and enjoy the
Premises for the Term hereby demised and any subsequent renewal thereof without
hindrance or interruption by Landlord, subject to the terms and conditions of this Lease
Agreement.
(b) Landlord shall have the right to enter upon the Premises at any and all
reasonable times to verify and confirm Tenant's compliance with the terms and
conditions of this Lease Agreement. Landlord shall provide Tenant with 24 hours
advance notice prior to exercising such right, except in an emergency in which event no
notice shall be required and shall exercise such right in a manner which minimizes the
impact upon Tenant's use of the Premises.
Section 17 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein
contained shall not be a waiver of such term, condition, or covenant, or any subsequent
default of the same or any other term, condition, or covenant herein contained. The
consent or approval by Landlord to or of any act by Tenant requiring Landlord's consent
or approval shall not be deemed to waive or render unnecessary Landlord's consent to or
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approval of any subsequent similar act by Tenant.
Section 18 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither
Landlord nor employees, who will perform hereunder, have been placed on the convicted
vendor list maintained by the State of Florida Department of Management Services
within the thirty-six (36) month period immediately preceding the Effective Date of the
Term of this Lease. This certification is required pursuant to Florida Statues 287.133
(3)(a).
Section 19 Entire Agreement.
This Lease Agreement and any Exhibits attached hereto, constitute all agreements,
conditions, and understandings between Landlord and Tenant concerning the Premises.
All representations, either oral or written, shall be deemed to be merged into this Lease
Agreement. Except as herein otherwise provided, no subsequent alteration, waiver,
change, or addition to this Lease Agreement shall be binding upon Landlord or Tenant
unless reduced to writing and signed by them.
Section 20 Notices.
All notices to be given to any party hereunder shall be in writing and shall be
provided to the addresses below via hand delivery, or by United States Mail. The
effective date of any notice shall be the date of delivery or postmark.
(a) If to Landlord at:
Michael Couzzo, Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
Telephone: 561 575-6200
Fax: 561 575-6203
(b) If to Tenant at:
Tracy Levy
AIM Engineering & Surveying, Inc.
5300 Lee Boulevard
Lehigh Acres, Florida 33971
Telephone: 800 226-4569
With a copy to:
Corbett and White, P.A.
Attn: Keith W. Davis, Esq.
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Telephone: 561 5 86-7116
Fax: 561 586-9611
Either party may from time to time change the address to which notice under this Lease
Agreement shall be given such party, upon three (3) days prior written notice to the other
party.
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Section 21 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt
with any real estate salesperson, agent, finder, or broker in connection with this Lease
Agreement.
Section 22 Severability.
If any term or provision of this Lease Agreement shall to any extent be deemed
invalid or unenforceable, the remainder of this Lease Agreement shall not be affected
thereby, and each term of this Lease Agreement shall be valid and enforceable to the
fullest extent permitted by law.
Section 23 Captions.
The captions in this Lease Agreement are included for convenience only and shall
not be taken into consideration in any construction or interpretations of this Lease
Agreement or any of its provisions.
Section 24 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES
HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE
AGREEMENT.
Section 25 Governing Law and Venue.
This Lease Agreement shall be governed by and interpreted according to the laws
of the State of Florida and venue shall be in a state court of competent jurisdiction in
Palm Beach County.
Section 26 Time of Essence.
Time is of the essence with respect to the performance of every provision of this
Lease Agreement in which time of performance is a factor.
Section 27 Benefit and Binding Effect.
This Lease Agreement shall be binding upon and inure to the benefit of the heirs,
successors, legal representatives, and assigns of the parties hereto.
Section 28 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in
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buildings in Florida. Additional information regarding radon and radon testing may be
obtained from County's public health unit.
Section 29 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any parry of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
Section 30 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national
origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination under any activity carried
out by the performance of this Lease Agreement.
Section 31 Construction.
The parties hereto have negotiated the terms of this Lease Agreement to arrive at a
final agreement. Thus, the terms of this Lease Agreement shall not be strictly construed
against one party as opposed to the other party.
Section 32 Incorporation by Reference.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Lease Agreement by reference.
Remainder of Page Intentionally Left Blank
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease
Agreement, or have caused the same to be executed, as of the day and year first above
written. o~"~ O F J`'''~~.
ATTEST: ~ .V~ ~~~ N~
.~ ~. : v
INCOAraORATED
"N .
' ~;~`!;
Lori McWilliams, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Keith W. Davis, Village Attorney
ATTEST:
By:
VILLAGE OF TEQUESTA,
FLORIDA
By: j~ W
Pat Watkins, Mayor
AIM ENGINEERING & SURVEYING,
INC.
By: ~'
Tracy Levy
~jiLL /',~ Es r D c ivT
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~` ~'~'= My coMMissiori a oo esaass
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~,? EXPIRES: May 23, 2013
~~ Rt. ~4''• Bonded Thnr Notary Pudic UndervrtNers
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IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease
Agreement, or have caused the same to be executed, as of the day and year first above
written. ....... FQ'%,
ATTEST: SEAL N� °VILLAGE OF TEQUESTA,
INCORPORATED i•LORIDA
By: �9T' `...�....�Q.�.�� By:
Lori McWilliams, Village Clerk Pat Watkins, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
am
Keith W. Davis, Village Attorney
ATTEST:
By:
By:
JACW FATON
MY COMMISSION # DD KA486
EXPIRES: May 23, 2013
10
AIM ENGINEERING & SURVEYING,
INC.
Tracy Levy
EXHIBIT "A" SITE PLAN OF "PREMISES"
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I HEREBY CERTIFY that the foregoing Written Resolution of the
Board of Directors of AIM Engineering & Surveying, Inc., dated
April 23, 2009 is a true and correct copy.
~ ~_~ ~' ~
~~ ~ ~ - _,,
(N~tary)
Printed Name: Laurie Bendola
My Commission Expires: 8/13/2011
NOTARY PUBLIC-STATE OF FLORIDA
Sea I : , .,$,~ ~. Laurie ~endala
~~, c -Commission # JDb88956
'- •` Expires: AUG. 13, 2011
BOIV-DED THRU ATLAIQTIC BONDING CO., INC.
WRITTEN RESOLUTION
OF THE BOARD OF DIRECTORS
OF AIM ENGINEERING & SURVEYING, INC.
The undersigned, being the sole director of AIM Engineering & Surveying, Inc., hereby
takes the following actions in lieu of a meeting, pursuant to the authority of the Florida
General Corporation Act:
RESOLVED that James D. Hull is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jerron K. Hull is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jena Wilson is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts she deems necessary and proper to
carry out the business of the Corporation. She is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jadon D. Hull is hereby authorized and empowered to enter into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Robert L. Potter is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Francis Chin is hereby authorized and empowered to enter into
On behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Tracy Levy is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts she deems necessary and proper to
carry out the business of the Corporation. She is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Michael R. Adams is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Thomas O. Deer is hereby authorized and empowered to enter
into on behalf of the Corporation and contracts he deems necessary and proper to
carry out the business of the Corporation. He is further authorized to execute
other such documents as are necessary to secure such contracts in the name and
on the behalf of the Corporation.
RESOLVED that Jack Ruskai is hereby authorized and empowered to enter into
on behalf of the Corporation and contracts he deems necessary and proper to carry
out the business of the Corporation. He is further authorized to execute other
such documents as are necessary to secure such contracts in the name and on the
behalf of the Corporation.
RESOLVED that Bernard Lee Flynn, III, is hereby authorized and empowered to
enter into on behalf of the Corporation and contracts he deems necessary and
proper to carry out the business of the Corporation. He is further authorized to
execute other such documents as are necessary to secure such contracts in the
name and on the behalf of the Corporation.
RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby
is, authorized to execute this written action, and that upon such execution, this
written action be and as of that time, it hereby be approved and adopted as the
act and deed of the Board of Directors of this Corporation.
Dated: Apri123.2009
ames D. Hull, Director
RESOLVED FURTHER, that the following officers are duly qualified and acting
Officers of the Corporation:
Name Signature Officer
James D. Hull c~~~C. J President
Jena Wilson Treasurer
Jerron K. Hull ~G~ Vice-President /Secretary
Jadon D. Hull ~ i~~uc-~/
r Vice-President
Tracy A. Levy Vice-President
Michael R. Adams Vice-President
Francis R. Chin Vice-President
Robert L. Potter Vice-President
Thomas O. Deer
fl~ Vice-President.
Jack Ruskai ~ Vice-President
Bernard Lee Flynn, III j ~ Vice-President
~----~
RESOLVED FURTHER, that the sole Director of the Corporation be, and hereby is,.
authorized to execute this written action, and that upon such execution, this written action be and
as of that time it hereby is approved and adopted as the act and deed of the Board of Directors of
this Corporation.
Dated: Apri123, 2009
ames D. Hull, Director
2:1PROJEC7SUa~flCorpnrnnon1N7U77EN RESOLI/l70N.dne