HomeMy WebLinkAboutResolution_03-96/97_11/14/1996 I
RESOLUTION NO. 3 -96/97
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING A MEMORANDUM TO ENTER
INTO A LEASE AND RECEIPT FOR DEPOSIT WITH
TEQUESTA BUSINESS ASSOCIATES FOR THE LEASE
OF PROPERTY LOCATED AT 250 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469, SUITE 300 AND 303
AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE SAME ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, be it resolved by the Village Council of
the Village of Tequesta, Palm Beach County, Florida as
follows:
(, Section 1. The Memorandum to Enter into a Lease and Receipt
I lfor Deposit between the Village of Tequesta and Tequesta
Business Associates, attached hereto as Exhibit "A" and
incorporated by reference as a part of this resolution, is
hereby approved, and the Village Manager of the Village of
Tequesta is authorized to execute the same on behalf of the
Village of Tequesta.
i
Section 2. The Village Manager is authorized to do all
things necessary to effectuate the terms of the Memorandum
to Enter into a Lease and Receipt of Deposit, including, but
�Inot limited to, the execution of a lease agreement on or
before November 15, 1996.
I THE FOREGOING RESOLUTION was offered by Councilmember
Metier who moved its adoption. The motion was
seconded by Councilmember Schauer and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Cai)retta
Carl C. Hansen
j Ron T. Mackail
Michael R. Meder
Elizabeth A. Schauer
( !The Mayor thereupon declared the Resolution duly passed and
!adopted this 14th day of November 1996.
MAYOR OF TEQUESTA
- oQ
' Af
1 ATTEST:
R
l oann Mangan'
!Village Clerk
TEQUESTA CORPORATE CENTER
December 2,1996
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469
Attention: Jaonn Manganiello, Village Clerk
RE: Request for Extension of Time to Execute Formal Lease Agreement
Dear Joann:
In response to your letter of November 26th, Tequesta Corporate Center hereby
agrees to provide the Village an extension of time to execute a formal lease on or
• before December 6,1996.
Enclosed herewith is the requested amendment to Paragraph F of the
Memorandum to Enter Into a Lease and Receipt for Deposit. Please sign where
indicated and return to me.
If you have any questions, please do not hesitate to call.
Sincerely,
Harriet Smith
enclosure
•
250 Tequesta Drive • Tequesta, Florida 33469 • 561 -747 -4177 Fax 561- 747 -4189
TEQUESTA CORPORATE CENTER
Memorandum to Enter Into A Lease and Receipt For Deposit
Amendment to Paragraph F
Page 2, Paragraph F is hereby amended to read:
The Parties agree to execute a formal Lease Agreement on or before December 6.
1996.
--�/ • DATE
Village of Tequesta
DATE !
equesta Co orate Center
•
250 Tequesta Drive • Tequesta, Florida 33469 561- 747 -4177 Fax 561- 747 -4189
1 h(J U ES lA C(.)RPOIZA'FE CENTER.
MEMORANDUM TO ENTER INTO A LEASE
AND RECEIPT OF DEPOSIT
•
Page 3
6. Herewith attached is a copy of the recorded parking agreement
between Landlord and adjacent eastern property owner (presently
Felhaber). Lessee will have the sixteen spaces required and does
understand that there is no designated parking allowed in the Village
of Tequesta.
7. Lessee will have 24 -hour a day, seven days per week access to the space.
8. When finalized, the lease agreement will include the customary remedies
for default, application of deposit monies, consent for assignment and any
other matters on which the parties shall mutually agree.
G. This is a Letter of Intent and this Memorandum shall not have the effect of a
lease. The parties' rights hereunder are contingent upon finalization and execution
of the lease agreement. The first month's rent in the amount of $3,927.67 shall be
fully refundable to the Village, if the Village and the Landlord do not enter into a
Lease.
H. Persons Bound: This Memorandum shall he binding upon and inure to the
benefit of the parties avid their respective heirs, personal representatives, successors
and assigns.
1. This Memorandum may not be assigned without the express written consent of
the Lessor.
J. The Agent has provided the Lessee with an "Agency Disclosure' which states
that the Agent represents the Lessor. Agent will be paid by the Lessor. Lessee has
been provided a Radon Gas and Anti - Discrimination Disclosure.
LESSEE: Village of Teguesta DATIC
13Y f
LESSOR: Tegugta Business Associates
• 2501equesta Drive • Tequcsta, Florida 33469 561 -747 -4177 Fax 561 - 747 -4189
--------------------------------------------------------------------------------------------------- - - - - --
EXHIBIT "A"
TEQUESTA CORPORATE CENTER
•
MEMORANDUM TO ENTER INTO A LEASE
AND RECEIPT FOR DEPOSIT
A. Receipt is hereby acknowledged by Harriet Smith of H. Smith Realty, Inc., agent
for the Landlord, for the sum of Three Thousand, Nine Hundred Twenty -Seven
and Sixty -Seven Cents . ($3,927.67), representing the first month (December 1996)
rent, received from The Village of Tequesta, hereinafter referred to as "Lessee ".
B. The Lessee is a Florida Municipal Corporation and the Village Manager is:
Thomas G. Bradford
C. The owner, Tequesta Business Associates, hereinafter referred to as "Lessor ".
D. Property is located at 250 Tequesta Drive, Tequesta, FL 33469, Suite 300 & 303.
• 1. The space to be leased contains: Suite 300 - 1,689 sq.ft./ Suite 303 - 1,445 sq.ft.
2. The premises shall be used for governmental offices.
3. Type of business is administrative offices for Village of Tequesta, Finance and
Water Utility Departments of the Village and /or any other lawful purpose.
E. The lease and occupancy shall commence on December 15, 1996 and terminate
on December 14, 1999. Lessee shall have Three one -year options under the same
terms and conditions.
1. Total annual rent for year 1 is $35,349.03 for Suites 300 & 303 combined,
paid in monthly installments of $3,927.67 including Common Area Maint-
enance (CAM). Base Rent is calculated at $12.50 per square foot for Ste 300.
and $11.50 psf for Suite 303. CAM is $3.00 per square foot for each suite.
The CAM includes the following:
a. cleaning and maintenance of all common areas, i.e. hallways, restrooms
stairwells, lobby, elevator, parking lot, sidewalks and landscaping.
b. ad valorem taxes
c, building insurance - liability, fire, theft, etc.
d. trash removal
• e. common area electricity and water
250 Tequesta Drive • Tequesta, Florida 33469 • 561- 747 -4177 • Fax 561- 747 -4189
TEQUESTA CORPORATE CENTER
MEMORANDUM TO ENTER INTO A LEASE
AND RECEIPT FOR DEPOSIT
Page 2
2. Lessor is allowing three months free rent in the first year. Rent
payments commence April 15, 1997.
3. Increases years two and three and for each option year,shall be based on
the Consumer Price Index - All Consumers South and capped at 4% (non
compounded) on the anniversary date.
4. Lessee to be responsible for electricity, monthly A/C maintenance and
interior cleaning. Lessor to provide water and common area cleaning.
5. No Security Deposit or advanced last month's rent is required.
F. The parties agree to execute this Memorandum to Lease on or before November
15,1996 and execute a formal Lease Agreement on or before December 1, 1996.
• 1. Upon execution of the lease, the Lessee may enter the premises to begin
redecorating Suite 300 (see below) and bringing in belongings and furniture
in Suites 300 and 303.
2. Lessor has agreed to give carpet allowance of $12 per yard and wallpaper
allowance of $15.99 per roll toward the redecorating of Suite 300.
3. Lessor will provide labor for painting those walls not wallpapered in Suite
300 and Lessee will provide paint. Lessee agrees no painting necessary in 303.
4. Lessor will install,at its own expense, a sink and cabinet in the former "dark
room" of Suite 303.
5. Lessee will, at its own expense, have the option to do the following:
a. Install doors to the two entrances of the "storage room" in Suite 300.
b. Install up to six ceiling fans in Suite 300. Flush mounted Hunter 52 ".
c. Install a security system in its space.
d. Install a satellite dish and antenna, etc. on roof of building.
e. Install cabling appropriate to hook -up security sytem, satellite dish, the
antenna, etc. and the Village's computers.
E Install sign on west side of building facing Old Dixie Highway and /or any
free - standing sign, if needed. Location to be agreed upon between the
Landlord and Tenant.
•
250 Tequesta Drive - Tequesta, Florida 33469 - 561- 747 -4177 - Fax 561- 747 -4189
TEQUESTA CORPORATE CENTER
• MEMORANDUM TO ENTER INTO A LEASE
AND RECEIPT FOR DEPOSIT
Page 3
6. Herewith attached is a copy of the recorded parking agreement
between Landlord and adjacent eastern property owner (presently
Felhaber). Lessee will have the sixteen spaces required and does
understand that there is no designated parking allowed in the Village
of Tequesta.
7. Lessee will have 24 -hour a day, seven days per week access to the space.
8. When finalized, the lease agreement will include the customary remedies
for default, application of deposit monies, consent for assignment and any
other matters on which the parties shall mutually agree.
G. This is a Letter of Intent and this Memorandum shall not have the effect of a
lease. The parties' rights hereunder are contingent upon finalization and execution
of the lease agreement. The first month's rent in the amount of $3,927.67 shall be
fully refundable to the Village, if the Village and the Landlord do not enter into a
Lease.
• H. Persons Bound: This Memorandum shall be binding upon and inure to the
benefit of the parties and their respective heirs, personal representatives, successors
and assigns.
I. This Memorandum may not be assigned without the express written consent of
the Lessor.
J. The Agent has provided the Lessee with an "Agency Disclosure" which states
that the Agent represents the Lessor. Agent will be paid by the Lessor. Lessee has
been provided a Radon Gas and Anti - Discrimination Disclosure.
LESSEE: Village of Tequesta DATE
BY
LESSOR: Tequesta Business Associates DATE GC li
BY
250 Tequesta Drive • Tequesta, Florida 33469 • 561- 747 -4177 Fax 561- 747 -4189
3859
OW365 rAcf 161
RECIPROCAL PARKING EE
AGRMENT Ark TG 2 44 P M'66
THIS AGREEMENT, Made and entered into this day of
A. D., 1965, by and between TEQUESTA PLAZA, INC., a "
Florida corporation, as OWNER, joined in and approved by JENNIE
ZIEGLER, a widow, as MORTGAGEE, hereinafter referred to as Parties
of the First Part, and FLORIDA BOND AND MORTGAGE COMPANY, a Florida
corporation, its successors or assigns, hereinafter referred to as
Party of the Second Part,
WITNESSETHs
WHEREAS, TEQUESTA PLAZA, INC:, a Florida corporation, is the
fee owner of the following described real property, situate, lying
and being in Palm Beach County, Florida, and more particularly
described as:
A parcel of land in Section 30, Township 40 South, Range 43
• East, Palm Beach County, Florida, more particularly described
as follows:
From the point of intersection of the centerline of State
Road No. 5 (U. S. Highway No. 1) with the South line of Section_
50, TownshiD 40 South, Range 43 East, run N. 3 E. along
the said cencerline, a distance of 695.55 feet feet; thence run
S 89 W. 360.16 feet to the point of'begi.nning:
Thence continue S. 89 W. along the North right -of-
way of Bridge Road-681.44 ft. to its intersection with the
Easterly right -of -way of Old Dixie Highway; thence run N.
.� 22 0 14'20" W. along the said Easterly right -of -way line, 241.81
feet to its intersection with the Sc,— "herly right- of-way line
of Tequesta Drive; thence run N. 67 E. along the said
right -of -way line, 533.79 feet to the P. C. of a curve to the
right; thence along the arc of a 160.0 ft. radius curve, the
central angle of which Js 21 an arc distance of 60.88
feet to the P. T. of said curvet thence run N. 89 E.
548.36 feet to a point in the Westerly right -of -way lino of
U. S. Highway No. 1; thence run S. 3 W. along the said
westerly right -of -way line, 284.74 feet; thence, run S. 89
W. 300.0 feet; thence run S. 3 W. 150.0 feet to the point
of beginning, containing 8.30410 Acres.
and
WHEREAS, JENNIE ZIEGLER., a widow, holds a mortgage securing -a
debt of $75,000.00 on tho following described real property which is
a portion of the above described proporty and is situate, lying and
�vv:eu,�lc nasia.;;;i a ttttE .
P. 0. BOX 1741
lURI 1AURA AM rLk .
.W65 PACE 16 `
being in Palm Beach County, Florida and more particularly described
as:
A parcel of land in Section 30, Township 40 South, Range 43
East, Palm Beach County, Florida, more particularly described "
as follows:
From the point of intersection of the centerline of State
Road No. 5 (U. S. Highway No. 1) with the South line of Section
30, Township 40 South, Range 43 East, run N. 3 E. along
the said centerline, a distance of 695.55 feet; thence run
S 89 W. 360.16 feet t0 the point Of beginning:
Thence continue S 89 W. along the North right -of-
way of Bridge Road 681.44 ft. to its intersection with the
Easterly right -of -way of Old Dixie Highway; thence run N.
22 W. along the said Easterly right -of -way line, 241.81
feet to its intersection with the Southerly right -of -way line
of Tequesta Drive; thence run N. 67 E. along the said
right -of -way line, 533.79 feet to the P. C. of a curve to the
right; thence along the arc of a 160.00 ft. radius curve, the
central angle of which is 21 an arc distance of 60.88
feet to the P. T. of said curve; thence run N. 89 E.
548.36 feet to a point in the Westerly right -of -way line of
U. S.' Highway No. 1; thence run S. 3 W. along the said
Westerly right -'of -way line, 284.74 feet; thence, run S 89
W. 300.0 feet; thence run S. 3 W. 150.0 feet to the point
of beginning, containing 8.30410 Acres.
LESS a parcel of land in Section 30, Township 40 South,
Range 43 East, Palm Beach County, Florida, more particularly
described as follows:
From the point of intersection of the renterline of State
Road No. 5 (U. S. Highway No. 1) with the South line of Section
30, Township 40 South, Range 43 East, run N. 3 E. along
the said centerline, a distance of 695.55 feet; thence run S.
89 W. 360.16 feet to the point of beginning; thence
continue S. 89 W. along the North right -of -way line of
Bridge Road, 516.42 feet; thence run N. 0 W. 326.37 feet
to a point in the Southerly right -of -way line of Tequesta Drive;
thence run N. 67 E. along the said Southerly right -of -way
line, 258.44 feet to the P. C. of a curve to the right; thence
along the arc of a 160.0 foot radius curve, the central angle of
which is 21 an arc distance of 60.88 feet to the P. T. of
the said curve; thence run N. 89 E. 227.83 feet; thence
run S. 0 E. 284..06 feat; thence run S. 3 W. 150.0
feet to the point of beginning.
Said above described property shall be hereinafter designated Parcel
"B" and "C "; and
WHEREAS, the OWNER has requested that FLORIDA BOND AND MORTGAGE
COMPANY place a mortgage on the 'following described property to secure
a debt in the amount of $450,000.00, which property is a portion of
the above described property owned by TEQUESTA PLAZA, INC., and which
property is described as:
-2-
googol I'M
•`h1365 PACE 163
i
A parcel of land in Section 30, Township 40 South, Range 43
East, Palm Beach County, Florida, more particularly described
as follows:
From the point of intersection of the centerline of State
Road No. 5 (U. S. Highway No. 1) with the South line of Section
30, Township 40 South, Range 43 East, run N. 3 E. along
the said -i:iterline, a distance of 695.55 feet; thence run S.
89 W. 360.16' feet to the point of beginning; thence
concir.;_ S. 89 W. along the North right -of -way line of
Bridge Road, 516.42 feet; thence run N. 0 0 13'05" W. 326.37
feet to a point in'the Southerly right -of -way line of Tequesta
Drive; thence run N. 67 0 59 1 40" E. along the said Southerly
right -of -way line, 258.44 feet to the P. C. of a curve to the
right; thence along the arc of a 160.0 foot radius curve, the
central angle of which is 21 an arc distance of 60.88 feet
to the P. T. of the said curve; thence run N. 89 E. 727.83
feet; thence run S. 0 E. 284.06 feet; thence run S.
3 W. 150.0 feet to the point of beginnings
which said property is hereinafter referred to as Parcel "A "; and
WHEREAS, the OWNER does hereby intend to create and provide for
a reciprocal parking agreement in connection with the property set forth
on the attached plot plan;
NOW, THEREFORE, in consideration of the granting of the mortgage
• by FLORIDA BOND AND MORTGAGE COMPANY upon Parcel "A" as aforesaid, and
for other good and valuable consideration, the Parties of the F1rst
Part do hereby agree as follows:
I.
The following agreements are covenants running with the land
and are made by each party for the benefit of themselves, each tenant
now or hereafter leasing all or any portion of either Parcel "A" or
Parcel "B" or Parcel "C ", as shown on the attached plot plan, and each
lender making a loan secured by a mortgage or mortgages upon Parcel "A ",
Parcel "B" or Parcel "C "•, and for the benefit of the grantees, successors,
assigns, lessees, agents, employees, customers and invitees of each of
the foregoing; and these agreements shall continue in full force and
effect until modified or terminated by mutual agreement of all parties,
then owning or having any interest in the premises affected. Such
agreements are that:
• -3-
13G5 rxc� 164 .
A. The Parties of the First Part do hereby grant an easement
over and across the above described Parcels "A ", "B" and "C" in favor
of each owner and lender holding a mortgage on any part thereof for
the free and uninterrupted ingress and egress to and from any portion
of Parcels "A ", "B" and "C" for the use and enjoyment of all of the
area indicated on the attached plot plan as parking, driving or ser-
f vice areas, and all access ways or routes thereon indicated.
B. The areas may be altered or changed, or any buildings con-
structed thereon only if the existing ratio of parking space to
i
building floor space is maintained and the adequate access routs and
ingress and egress shall be maintained. It is understood and agreed
that additional buildings will not be constructed on the premises
which would violate this existing ratio.
C. This Agreement shall be reciprocal between all of the parcels
• set forth as owned by TEQUESTA PLAZA, INC., and above described.
IZ.
The.fee owner, TEQUESTA PLAZA, INC., shall at its own expense
and at all times maintain in good repair the common area shown on the
attached plot plan once they have actually been paved* and made avail-
able for rae.
III
This Agreement shall bind and inure to the benefit of the parties
hereto, their successors and assigns. The respective parties enter
into and undeztake the obligations of this agreement both jointly and
severally.
IV.
The parties hereto hereby agree to execute any additional docu-
vents which may be neceesary to carry out the intent of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed or caused
-4-
• �tt�13F5 race 165
to be executed these presents as of the date and year first above
'written. v
Signed, sealed and delivered •t: ',_''.
in the presence of: (Cq}�pba�tsaj �
7 1 1, / e TEQ3TA PLAZ7�, C
0 1 ,mil% �� ::f ••Y'. ^�.
W 7linm e
Blomg 'President
y
Attest. 7�, f 4 ����
Victor Maffey, Secret ry
SEAL,
Jennie iegl r
(Corp rats
+ : Sea •,.,;..• - "•
L ` FLORIDA OND AND MOR (iF,`OMFAI3X ~" tom'':.
By: Ao
Vi
Attest:
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared WILLIAM BLOMGREN and VICTOR MAFFEY, well known to
me to be the President and Secretary, respectively, of the corporation
named as a Party of the First Part in the foregoing Agreement, and
that they severally acknowledged executing same in the presence of
two subscribing witnesses freely and voluntarily under authority duly
vested in them by said corporation, and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and offic,�al seal in the County and State last
aforesaid this / �? day of �1a •- ' . A. D., 1965.
nA l,; ROTARY PUBLIC
� Expires State os Florida at Large
�1 r4�OTAR yy , r, c'a le : is i• -.••.•
�r�i365 recE J66
STATE OF FLORDA
COUNTY OF PALM BEACH ---
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and Ccunty aforesaid to take acknow-
ledgments, personally appeared JENNIE ZIEGLER, to me known to be
the person described in as a Party of the First Part in the fore-
going Agreement, and who executed the said Agreement and acknow-
ledged before me that she executed the same for the uses and y
purposes therein expressed.
WITNESS my hand and official seal in the County and State
last aforesaid thi day of A. D., 1965.
NOTARY PUBLIC %t ; ;A Q,� r 1.0 •'.: .
My Commission Expires: State of Florida at Large=
STATE OF FLORIDA
COUNTY OF BROWARD
• I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County of re aid take acknowledgments,
personall appeared i' !. and
_7 - , well kno and
me to be the
President and S„cretaL , respectively, of the corporation named as
Party of the Second Part in the foregoing Agreement, and that they
severally acknowledged executing the same in the presenc$ of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said corporation, and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and Stata last
aforesaid this u ?0 7 �` day of , A• D., 1966.
NOTARY
My Commission Expires: $ -, - b9 ate of Florida at T,
Nowt' Pubtk, ��4
1
My eomkxm •xp1f%% Avg- to. 3
m
Bond.d by Itansemalc• Insut�nGa n+
•
-6-
1 ,
X MCCA1365 168 �
/ d., T..wa4./ h :.r /A, Rawyr I!ll: ., /14 !•...!
. ♦•' n•y •\a.l ._.�_ -_.. _j f /y / /or.Yr, n±r. /../ r/ /y A..f.. /../s: /.1r „
• 1 1 % Jw / ♦ ./.wH. v.Lw. r, /A,. o.. /i. /.w. . //b Ir l.. I.K. ✓ •.J -y. .F�
1 w.a.. •.;. ya �+..,.\aar., a\\T.• :l� /A / +r /A Ar♦ .1 - ••f..Y. Ja, ,rr/ II I...II f✓'s' I•l.�f ♦rw �+•!I' /! Mra I
a s Ma•..t � //.: a.'./••w /•ir I•i /.r,1 •/ Iya !!: i• %' Mrwlr rrw l. .j'fa• / /'w.. laA ^a/I. - //•
r • A ty,l . 1. V. , aaa /..
� • kN, - . 1\. Vr, \ \\W, aatQ /� Ia ••• r• !•.f IC)f•v., ./.rl /1• ✓v /► r:•IJ .•. y'6r, %y /w{ •I/ r //�
1 1 ..7 a.w. ►'. w wa w•, null. /• :/h ... w //• /•' /y y e,•a .d A. r
( 1 ` .d /l•H'!e'd I/ /A 11.7 /rrlr. / r• %. /....- IyI.A/ 1-1 I. .%/
a.♦ kaa. - +.n,ra• +,a.a• aatU. ( ..:rl � wta. I:r. horr. /� vr.sa; //.r•w • sy lJ%yp•! :
•• 7 tar. ♦N\a • \ \tl ••r•
" /Ar •�„ J
..• I•• to ••. •aal,w / /.r. ./. /A / • •X. w.i
a.f •al ua/ it 2r Iw i r ai .!• saiw /ro/ h /Ay 1. 7. �!. %! err/a� M
N. •Y jI /1s iro/ /. /•,wA Uo .vr.' /wr/ /q .•v/ /.r• I � (
N r w+.. / • /+., c. ..r �. �•r %rf ✓, .�w . A,
G y /.. sAI /I /^•/; /Iwy r..+ L I>'; Ia: .'r'w. Jew.n /.nu/ • ,w «..: w
J• /Y r, • aA. / _� /, /e.• /•./•/ -. Ar•J•ww:n7, o+a y s.,1f•'• ..,w:
a„ ,�. as -h ._�_... _�._._.. ! __... .. _._.+_ - - ♦+ \ I
t 1 .half j ....a r...a•w.w ♦ I .. \ �
i ,«� � 1 . roa+o sloaa 1 •' , r••...: / r+�r a I t. t � 1 ai �t �
a•.O� O JY. .1 . \K 1 � Z �. • a \
ar•lo I,..•tl• v aaw. a 7.Iw • aT ti �,("- -� _
FT
wr - '
_ r
j' Y ; ... t � *,r«ra r.`�'r ,' I�' � •j�j �iT,;;` ''i'� i 7�• I ,t:n:, ('1+; \ i a
•
• A r
♦� �' �� 5 p
. J
tGVAI'. •�U Yl TG t •
♦ - bUla.Mdd Act ^• ryg11a +rR
�. .•a.. -►a.a w•7+.+s T•ra•yty ►u r.IC[ •• It�o[f
r \n a•..ra+ rr.rwlu Llr+a. a.w•t »•1' TUTA� 141�A
It cTAI. s"Ls Aar;A 54.3 LA
IA.old.a Is OffkW R.mcd swt of Tahn dcach County. r.. u[ T
{ vTAL r•Aw-sulo tryci:
at .
• JOHN B. DUNKLE 1 t' 6'a ",o zF►c c: lo 1 Cao
• I CLERK OF CIRCUIT COURT
rtoT r�►v TLQUE -'5TA P L AZA t.•
FOR TLOULZri% P►.LYA.IUC. QX)kCl' L WAPUry k"
ao.•1••r Li..aa a•AVO.1 a.c \a... tar sry rl►taI
�ITLT A A•I GO//.M, f►rfWSrarAwrll+
1wt ••la. ••a.. 1
I
• I '
1
I N IJ E
�.� w.q.W.ra Ku•.. wa Lt�aTauaL aT. Ja . ,.
� aJ a\T J.. fia \T J•. araaT J•. •JttT J •
a•t t•T
a•a
KA1365 PACE 167
bi �•.Tr ...al.\ .� rup.Tefc
{at a j•w.• _ fl
fur.��i>o•� � ��la. i h;f•+ .r.s.T. •�'
\ ll I hfwa Yyr.r•ri 7('1 A •• r.►aj a
i 1 • i
a —x
- � T• Lpu Ltp ♦ OaL • v L
19 T wSTA flD LA s
S14 01'1'ING CENTEI3
?E , F•LO1:1I DA
• CEOII E. A.I.A. ARCHITECT
•
S PAf 114CH COUNTY - STATE of itMDA
h.c-eby certify that the
I t i ''• ....•
.••' 1 `.or• :•:;:� ie a true copy
��Ci LQ: of (.e record mmyoffiee
Thirs� i`� 7 air J` � , 19
CXerk Circuit Court
• OFFICE LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Lease "), is made and entered into on the 6 day of
December, 1996, by and between TEQUESTA BUSINESS ASSOCIATES, a Florida General Partnership
( "Landlord "); and The Village of Tequesta, a Florida Municipal Corporation. ( "Tenant ").
WITNESSETH
1. Definitions. Landlord and Tenant hereby agree that the words and phrases set forth below
shall, when used in this Lease, have the following meaning:
(a) 'Building" shall mean office building known as "250 Tequesta Drive, Tequesta, Florida"
located upon the real property (the "Property ") described in Exhibit "A" attached hereto and incorporated herein.
Reference made to the Property in this Lease shall be deemed to include the Building unless expressly provided
otherwise.
(b) "Premises" shall mean the suite of offices located within the Building known as Suite
1/300, containing approximately 1,689 square feet and Suite //303, containing approximately 1,445 square feet. A
copy of the approximate floor plan of the Premises is attached hereto as Exhibit "B ".
(c) 'Base Rental' shall mean the sum of Forty Seven Thousand One Hundred and Thirty -
Two and 04/100 ($47,132.04) Dollars per annum, payable in equal monthly installments of Three Thousand Nine
Hundred Twenty -Seven and 67/100 Dollars ($3,927.67) per month, which includes CAM charges and as adjusted
pursuant to Paragraph 5 hereof.
(d) Commencement Date 11 shall be December 15, 1996.
(e) "Lease Term" shall mean a term commencing on the Commencement Date and continuing
until Thirty -six (36) months after the Commencement Date, terminating on December 14, 1999. The first "Lease
Ycar" shall be the first full twelve (12) month period of the Lease Term, and thereafter, each successive twelve (12)
month period shall be deemed a "Lease Year."
(f) NO SECURITY DEPOSIT REQUIRED.
(g) "Common Areas" shall mean those areas devoted to corridors, elevator foyers and
elevator cabs, restrooms, mechanical rooms, janitorial closets, electrical and telephone closets, vending areas and
other similar facilities provided for the common use or benefit of tenants generally and /or the public.
(h) "Service Areas" shall mean those areas within the exterior walls of the Building used for
elevator mechanical rooms, building stairs, fire towers, elevator shafts, flues, vents, stacks, pipe shafts and vertical
ducts (but shall not include any such areas designated for the exclusive use of benefit of the Tenant).
(i) "Exterior Common Areas" shall mean those portions of the Property which are not
located within the Building and which are provided and maintained for the common use and benefit of Landlord and
tenants of the Building generally and the employees, invitees and licensees of Landlord and such Tenants; including,
without limitation, all parking areas, enclosed or otherwise, and all streets, sidewalks and landscaped areas.
. 1
0) "Building Standard Improvements" shall mean those improvements (including the "Shell
• Improvements ") constructed or installed within the Premises by Landlord.
(k) "Building Grade" shall mean the type, brand and /or quality of materials Landlord
designates from time to time to be the minimum quality to be used in the Building or the exclusive type, grade or
quality of material to be used in providing the Building Standard Improvements.
(1) NO ADVANCE RENT IS REQUIRED.
2. Lease Grant. Subject to and upon the terms, provisions and conditions herein set forth,
and each in consideration of the covenants of the other hereunder, Landlord leases to Tenant and Tenant leases from
Landlord the Premises.
3. Lease Term. This Lease shall continue in force during a period beginning on Commencement
Date and continuing until the expiration of the Lease Term, unless this Lease is sooner terminated or extended to
a later date under any other term or provision hereof.
4. Use. The Premises shall be used and occupied by Tenant solely for the purpose of governmental
administrative offices for The Village of Tequesta, Finance and Water Utility Departments of the Village, and any
other lawful office purpose. Tenant agrees not to use or permit the use of the Premises or the Building for any
purpose which is illegal, or which, in Landlord's sole opinion, creates a public nuisance or which would increase
the cost of insurance coverage with respect to the Building.
5. Rental.
(a) Tenant covenants and agrees to pay during the Lease Term, to Landlord, without any
• setoff or deduction whatsoever, the Base Rental and all such other sums of money as shall become due hereunder
as additional rent (all of which are sometimes herein collectively called "rent "), for the nonpayment of which
Landlord shall be entitled to exercise all such rights and remedies as are herein provided in the case of the
nonpayment of Base Rental. The Base Rental payable during each calendar year or portion thereof during the Lease
Term, as increased pursuant to subparagraph (d) below, shall be due and payable in twelve (12) equal installments
on the fifteenth day of each calendar month during each term of this Lease and any extensions or renewals thereof,
and Tenant hereby agrees to pay such Base Rental to Landlord at Landlord's address provided herein (or such other
address as may be designated by Landlord in writing from time to time). Tenant agrees to pay all such sums in
advance monthly, and without notice or demand. If the Lease Term commences on a day other than the first day
of a month or terminates on a day other than the last day of a month, then the installments of Base Rental and any
adjustments thereto for such month or months shall be prorated, based on the number of days of such month.
Notwithstanding the foregoing, however, Tenant shall not be obligated to pay the second, third and fourth
month's rent as such rent is hereby waived by Landlord as an inducement for Tenant to enter into this Lease.
This Waiver shall not extend to the Second and Third year or any options for extensions.
(b) All installments of rent and any additional rent not paid when due and payable, following
any grace period provided pursuant to paragraph 23(a) hereof, shall bear interest until paid at the rate of twelve
percent (12%) per annum.
(c) Tenant represents that it is exempt from all sales tax which may become due as a result
of this lease.
(d) Tenant shall pay the monthly installments of the Base Rental as same come due through
the end of the first Lease Year, and thereafter the Base Rental may be increased at the commencement of the second
Lease Year and each Lease Year thereafter (the first day of the second Lease Year and of each Lease Year
• 2
thereafter, including each of the One Year option periods available under Exhibit "C" hereto are hereinafter called
• Adjustment Dates) as set forth in Exhibit "D" hereto.
6. Payment of Operating Expenses. Notwithstanding anything contained in this Lease to
the contrary Common Area Maintenance (CAM) charge is included in rental amount stated in 1(c).
7. Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services
as part of the operations of the Building:
(a) Water at those points of supply provided for general use of Tenant and other tenants in
the Building (Common Area);
(b) Subject to the provisions of Paragraph 8, central heat and air conditioning, at such
temperatures and in such amounts as are considered by Landlord to be standard or as required by
governmental authority for all of the common areas. Any costs for repair and /or replacement which are
not covered under Tenant's Service agreement set forth in said Paragraph 8, other than filters, shall be paid
equally by Landlord and Tenant. The cost of filters and the replacement thereof, as to the demised
Premises and not the common areas, shall be borne by the Tenant.
(c) Routine maintenance and electric lighting service for all Common Areas and Service
Areas of the Building in the manner and to the extent deemed by Landlord to be standard including, but
not limited to, elevator maintenance, landscape maintenance, parking lot maintenance, alarm service, roof
repair and maintenance, and window cleaning. Said maintenance shall be performed in a professional
manner consistent with the use of the Building for Bank and professional office uses.
(d) Janitor service and supplies to all Common Areas, Mondays through Fridays, exclusive
• of normal business holidays.
(e) Subject to the provisions of Paragraph 11, facilities to provide all electrical current
reasonably required by Tenant in its use and occupancy of the Premises;
(f) All Building Standard fluorescent bulb replacement in the Common Areas and Service
Areas;
(g) Security in the form of limited access to the Building during other than Normal Business
Hours shall be provided in such form as Landlord deems appropriate. Notwithstanding the foregoing,
at the inception of this Lease, there is no security system in place at the building which would result
in a fee for after hours access. Landlord, however, shall have no liability to Tenant, its employees,
agents, invitees or licensees for losses due to theft or burglary, or for damages done by unauthorized
persons on the Premises and neither shall Landlord be required to insure against any such losses. Tenant
shall cooperate fully in Landlord's efforts to maintain security in the Building and shall follow all
regulations promulgated by Landlord with respect thereto. Notwithstanding anything to the contrary
contained above, until a system, other than a dead bolt lock system, is installed at the Building, Tenant
shall be provided with a key to the lobby doors for after hours access for Tenant and its employees, Tenant
will have access 7 days per week, 24 hours per day;
The failure by Landlord to any extent to furnish the defined services noted above, in whole or in part, or
the interruption or termination of same, resulting from causes beyond the reasonable control of Landlord shall not
render Landlord liable in any respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor
cause an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof.
• 3
Should any of the equipment or machinery used in the provision of such services cease for any reason to function
• properly, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in
service occasioned thereby or resulting therefrom.
8. Care of the Premises by Tenant. The Tenant shall keep the interior of the demised
Premises, which includes, but is not limited to, all electrical, plumbing, heating, air- conditioning, and other
mechanical installation therein, all doors, and all plate glass and door and window glass, in good order. With the
exception for those services to be provided by the Landlord as set forth in Paragraph 7 above, Tenant shall make
all such repairs, alterations, replacements and modifications at its own expense and using materials and labor of a
kind and quality equal to the original work. Tenant shall surrender the demised Premises at the expiration or earlier
termination of the Lease in as good condition as when received, excepting only deterioration caused by ordinary
wear and tear and damaged by fire or other casualty of the kind insured against in standard policies of fire insurance
with extended coverage. Except as hereinabove provided, the Landlord shall have no obligation to repair, maintain,
alter, replace, or modify the demised Premises or any part thereof, or any electrical, plumbing, heating, air -
conditioning, or other mechanical installation therein other than is listed in the addendum.
Tenant shall arrange for the maintenance of all heating and air conditioning equipment for its Premises with
a heating and air conditioning contractor approved in writing by the Landlord, which contractor will carry out such
maintenance on a scheduled basis (not less than quarterly) and will furnish the name of the contractor and a copy
of the maintenance program to Landlord for Landlord's approval, which approval shall not be unreasonably
withheld.
Tenant shall not permit any liens to be attached to the demised Premises by reason of any labor or material
used in repairs or alterations by Tenant.
Tenant shall be responsible for all damage and repairs to the Premises caused by burglary or vandalism
to Tenant's usable area.
9. Graphics. Landlord shall provide and install, at Tenant's expense all letters or numerals
on doors entering the Premises. All such letters and numerals shall be in the standard graphics as approved by
Landlord for the Building, and no others shall be permitted on the Premises without Landlord's prior written
consent. No sign or visual advertisement shall be placed in any window.
10. Use of Electrical Services by Tenant. Tenant's use of electrical services furnished
by Landlord shall not exceed, either in voltage, rated capacity, or overall load that which Landlord deems to be
Building Standard. In the event Tenant shall request that it be allowed to consume electrical services in excess of
that deemed by Landlord to be Building Standard, Landlord may refuse to consent to such usage or may consent
upon such conditions as Landlord elects (including the requirement that submeters be installed at Tenant's expense).
11. Parking.
During the term of this Lease, Landlord shall provide Tenant with unassigned parking spaces in
the covered and uncovered parking areas located on the Property, such parking spaces and all driveways and walk-
ways located on the Property to be used by Tenant on a non - exclusive basis with landlord and other tenants of the
Building, their guests and invitees. All covered and uncovered parking shall be provided at no charge to Tenant
and shall be on a first -come first -serve basis.
Landlord shall have a right to designate the location of Tenant's parking, and alter such designation
upon reasonable notice to Tenant. Any such designation shall be done equitably as to each of the tenants of the
Building. Landlord shall also have the right to establish or modify the methods used to control parking on the
Property, including without limitation the installation of certain control devises or the hiring of parking attendants.
• 4
Landlord shall not be liable for any damage to or any theft of any vehicle, or any contents
• therefrom, while in or about the parking areas located on the Property.
12. Law and Regulations. Tenant agrees to comply with all applicable laws, ordinances,
rules and regulations of any governmental entity, agency or authority having jurisdiction of the Premises or Tenant's
use thereof.
13. Building Rules and Regulations. Tenant will comply with reasonable rules and
regulations of the Building adopted and altered by Landlord from time to time and will cause all of its agents,
employees, invitees and visitors to do so. Landlord shall give Tenant notice of all such rules and regulations and
any changes thereto, and Tenant shall be charged with compliance with such rules and regulations and any changes
thereto, and Tenant shall be charged with compliance with such rules and regulations, as the same may be changed
from time to time, from the date of said notice.
14. Entry by Landlord. Tenant agrees to permit Landlord or its agents or representatives to enter
into and upon any part of the Premises at all reasonable business hours (and in emergencies at all times) to inspect
the condition, occupancy or use thereof, or to show the Premises to prospective purchasers, mortgagees, tenants
(within the last three (3) months of the Lease) • or insurers, or to clean or make repairs, alterations or additions
thereto, and Tenant shall not be entitled to any abatement or reduction of rent by reason thereof. Landlord'shall,
in good faith, provide reasonable advance notice to Tenant prior to entry into or upon the Premises. Tenant shall
provide Landlord with a current key to the Demised Premises and shall promptly provide Landlord with a
new key in the event Tenant has the locks changed at the Premises during the term of this Lease.
15. Assignment and Subletting
(a) Tenant shall not assign, sublease, transfer, pledge or encumber this Lease or any interest
• therein without Landlord's prior written consent (which consent may not be unreasonably withheld by the Landlord).
Any attempted assignment, sublease or other transfer or encumbrance by Tenant in violation of the terms and
covenants of this paragraph shall be void.
(b) In the event that Tenant shall desire Landlord's consent to either the subletting of the
Premises, in whole or in part, or the assignment of Tenant's entire interest under the Lease, Tenant shall give
Landlord fifteen (15) business days prior written notice thereof. Such notice shall, at Landlord's option, be deemed
to be an offer by Tenant to either, as the case may be: (i) sublet the Premises ( or such portion thereof which
Tenant would sublet) to Landlord for the balance of the Lease Term (or for such portion of the Lease Term for
which Tenant would sublet) upon all the same terms, covenants and conditions as are otherwise contained in this
Lease; (ii) assign this Lease to Landlord for the sole consideration of Landlord's release of Tenant from any
liability hereunder. In the event that Landlord does not exercise such option by notice to Tenant in writing within
fifteen (15) business days following the receipt of said notice from Tenant, then Landlord's right to either sublease
the Premises (or such portion thereof) or acquire this Lease by assignment, as the case may be, shall be deemed
to be waived; provided that such waiver if any shall not be deemed to be a consent by Landlord to any such
subletting or assignment unless Landlord delivers to Tenant its written consent thereto. Notwithstanding Landlord's
consent or waiver on any one occasion, Landlord's option to treat Tenant's request for consent as an offer to sublet
or assign as provided in this subparagraph shall apply to any further subletting or assignment.
(c) The covenants in this Paragraph concerning assignment shall run with the land and shall bind
the parties and their heirs, executors, administrators, personal representatives, successors and permitted assigns.
(d) Notwithstanding Landlord's consent to any assignment or subletting by Tenant, Tenant shall
remain liable for the full and faithful performance of the covenants and conditions of this Lease unless expressly
released in writing by Landlord.
• 5
16. Construction liens. Tenant will not permit any construction lien or liens to be placed upon
• the Premises or any portion of the Building or the Property, and nothing in this Lease shall be deemed or construed
in any way as constituting the consent or request of Landlord, express or implied, by inference or otherwise, to
any person for the performance of any labor or the furnishing of any materials to the Premises, or any part thereof,
nor as giving Tenant any right, power, or authority to contract for or permit the rendering of any services or the
furnishing of any materials that would or might give rise to any mechanic's or other liens against the Premises.
In the event any such lien is claimed against the Premises, then Tenant shall discharge same or transfer such lien
to other security within thirty (30) days of notice thereof. In the event that Tenant fails to discharge or otherwise
remove any such liens, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not
be obligated to, discharge the same. Any amount paid by Landlord for any of the aforesaid purposes shall be
reimbursed by Tenant to Landlord within ten (10) days of Landlord's demand therefor as additional rent.
17. Insurance.
(a) The Landlord shall during the entire Term hereof, obtain, maintain and keep in full force
and effect, with Landlord and the mortgagees of Landlord named as insured therein as their respective interests may
appear,the following insurance:
(i) Fire Insurance including extended coverage, vandalism and malicious mischief upon
property of every description and kind owned by Landlord and located in the Building and /or Common
Areas, including, without limitation, furniture, fittings, installations, fixtures and any other personal
property, Leasehold Improvements and alterations, in an amount not less than ninety (90 %) percent of the
full replacement cost thereof.
(ii) Comprehensive general liability coverage to include personal injury, bodily injury, broad
form property damage, operations hazard, owner's protective coverage, contractual liability and products
and completed operations liability if available, in limits not less than One million ($1,000,000.00) Dollars
• inclusive.
(iii) Business interruption insurance (rent loss), if available, in such amounts as will reimburse
property losses due to (1) the Building or any part thereof becoming out of repair or by defect in or failure
of pipes or wiring, or by the backing up of drains, or by the bursting or leaking of pipes, faucets and
plumbing fixtures, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Demised
Premises, whether or not caused by negligence of Landlord, or (2) any loss or damage that may be
occasioned by or through the acts or omissions of other tenants in the Office Building or of any other
persons whatsoever, exception only the willful misconduct or gross negligence of duly authorized
employees and agents of Landlord, or (3) any loss or damage to any property or person occasioned by
theft, fire, act of God, public enemy, injunction, riot, insurrection, war, court order, requisition or order
of governmental authority, or any other matter beyond the control of Landlord. Tenant agrees that Tenant
shall be responsible for all of Tenant's personal property brought, placed or installed upon or within the
Premises and shall be liable for any damage thereto or theft thereof.
(b) Landlord may, but shall not be obligated to, take out and carry any other form or forms
of insurance as it or the mortgagees of Landlord may reasonably determine advisable. Tenant acknowledges that
it has no right to receive any proceeds from any such insurance policies carried by Landlord. Landlord will not
be obligated to carry insurance of any kind on Tenant's furniture or furnishings, or on any fixtures, equipment,
improvements or appurtenances of Tenant under this Lease; and Landlord shall not be obligated to repair any'
damage thereto or replace the same.
(c) The Tenant shall, during the entire Term hereof, obtain, maintain and keep in full force
and effect, such commercial policy(s) of insurance commonly known as a "renter's policy ", providing
• 6
comprehensive general liability coverage as to personal injury, bodily injuries, road form property damage,
• operations, hazard, owner's protective coverage, contractual liability and products and completed operations liability, —
if applicable and available, in such reasonable limits as required by Landlord. Tenant's obligations to obtain said
renter's policy shall be limited to the demised Premises only. Tenant shall provide Landlord with a Certificate of
Insurance, naming Landlord . as an _L10
additional insured, prior to taking occupancy of the Demised Premises. The insurance policy shall provide that
Landlord must be provided with a minimum of thirty (30) days advance notice in the event of cancellation.
(d) Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Premises any
article which may be prohibited by any insurance policy in force from time to time covering the Building and /or
the Premises. In the event Tenant's occupancy or conduct of business in, or on the Premises, whether or not
Landlord has consented to the same results in any increase in premiums for the insurance carried from time to time
by Landlord with respect to the Office Building, Tenant shall pay any such increase in premiums as additional rent
within ten (10) days after being billed therefor by Landlord. In determining whether increased premiums are a
result of Tenant's use or occupancy of the Premises, a schedule issued by the organization computing the insurance
rate on the Building or the Leasehold Improvements showing the various components of such rate, shall be
conclusive evidence of the several items and charges which make up such rate. Tenant shall promptly comply with
all reasonable requirements of the insurance authority or of any insurer now or hereafter in effect relating to the
Premises.
(e) If any insurance policy carried by Landlord, as provided by Section 17(a) hereof, shall
be canceled or cancellation shall be threatened, or the coverage thereunder reduced or threatened to be reduced, in
any way by reason of the use of occupancy of the Premises or any pan thereof by Tenant or by assignee or sub-
tenant or Tenant or by anyone permitted by Tenant to be upon the Premises and, if Tenant fails to remedy the
condition giving rise to cancellation, threatened cancellation or reduction of coverage within forty -eight (48) hours
after notice thereof, (excluding Saturdays, Sundays, and legal holidays), Landlord may, at its option, either
terminate this Lease or enter upon the Premises and attempt to remedy such condition and Tenant shall forthwith
pay the cost thereof to Landlord as additional rent. Landlord shall not be liable for any damage or injury caused
• to any property of Tenant or of others located on the Premises as a result of such entry. In the event that Landlord
shall be unable to remedy such condition, then Landlord shall have all of the remedies provided for in this Lease
in the event of a default by Tenant. Notwithstanding the foregoing provisions of this Section 17(e), if Tenant fails
to remedy as aforesaid, Tenant shall be in default of its obligation hereunder and Landlord shall have no obligation
to attempt to remedy such situation.
(f) Any policy or policies of fire, extended coverage or similar casualty insurance, which
either party obtains in connection with the Premises shall include a clause or endorsement denying the insurer any
rights of subrogation against the other party to the extent rights have been waived by the insured prior to the
occurrence of injury or loss. Landlord and Tenant waive any rights of recovery against the other for injury or loss
due to hazards covered by insurance containing such a waiver of subrogation clause or endorsement to the extent
of the injury or loss covered thereby.
(g) Any policy or policies as required pursuant to the terms of Section 17(a) herein, shall
contain a clause that the insurer shall not cancel or change the insurance policy without first giving ten (10) days
prior written notice to Landlord. Landlord reserves the right to require an increase in the amounts of the
comprehensive general liability coverage, from time to time during the Term of this Lease, as Landlord should, in
its sole discretion, deem reasonable and necessary.
18. Assumption of Risks. The Landlord or its assigns shall not be liable to Tenant or
Tenant's customers, licensees, agents or guests or employees for any injury or damages to its, his or their persons
or property by any cause whatsoever, including, but not limited to, acts or omissions of any other tenant in the
Building, construction defects, water, rain, sleet, fire, storms, negligence and accidents, breakage, stoppage or leaks
of gas, water, heating, sewer pipes, boilers, wiring or plumbing or any other defect in or about the Premises.
19. Waiver of Subrogation Rights. Anything in this Lease to the contrary notwithstanding,
• Landlord and Tenant each hereby waive any and all rights of recovery, claim, action, or cause of action, against
the other, its agents, officers, or employees, for any loss or damage that may occur to the Premises, or any
improvements thereto, or the Building of which the Premises are a part, or any improvements thereto, or any
personal property of such party therein, by reason of fire, the elements or any other cause(s) which are insured
against under the terms of the standard fire and extended coverage insurance policies referred to in Paragraph 17
hereof, regardless of cause or origin, including negligence of the other party hereto, its agents, officers, or
employees; provided that such waiver by either Landlord or Tenant does not limit in any way such party's right to
recovery under such insurance policies. Landlord and Tenant shall each obtain an endorsement to all of their
insurance policies to effect the provisions of this paragraph, provided that such endorsements are available at no
additional cost.
20. Casualty Damage. If the Premises or any part thereof shall be damaged by fire or other
casualty, Tenant shall give prompt written notice thereof to Landlord. If the Building shall be so damaged that
substantial alteration or reconstruction of the Building shall be required (whether or not the Premises shall have been
damaged by such casualty) or in the event any mortgagee of Landlord's should require that the insurance proceeds
payable as a result of a casualty be applied to the payment of the mortgage debt, or in the event of any material
uninsured loss to the Building, either Landlord or Tenant may, at their option, terminate this Lease by notifying
the other in writing of such termination within ninety (90) days after the date of such damage. If neither Tenant
nor Landlord elects to terminate this Lease, Landlord shall commence and proceed with reasonable diligence to
restore the Building to substantially the same condition in which it was immediately prior to the happening of the
casualty, except that Landlord's obligation to restore shall not exceed the scope of the work required to be done by
Landlord in originally constructing the Building and installing Improvements in the Premises, nor shall Landlord
be required to spend for such work an amount in excess of the insurance proceeds actually received by Landlord
as a result of the casualty. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury
to the business of Tenant resulting in any way from such damage or the repair thereof, except that, subject to the
provisions of the next sentence, Landlord shall allow Tenant a fair abatement of rent during the time and to the
extent the Premises are unfit for occupancy, including during restoration thereof. Notwithstanding anything herein
to the contrary, if the Premises or any other portion of the Building be damaged by fire or other casualty resulting
from the fault or negligence of Tenant or any of Tenant's agents, employees, or invitees, the rent hereunder shall
not be diminished during the repair of such damage, and Tenant shall be liable to Landlord for the entire cost of
the repair and restoration of the Building caused thereby to the extent such cost and expense is not covered by
Landlord's insurance proceeds.
21. Condemnation. If the whole of the Building, Property or the Premises should be taken
for any public or quasi- public use, by right of eminent domain or otherwise, or if the same should be sold in lieu
of condemnation, then this Lease shall terminate as of the date when physical possession of the Building, Property,
or the Premises is taken by the condemning authority. If less than the whole of the Building including the
Premises, or Property is thus taken or sold, then Landlord (whether or not the Premises are affected thereby) may,
at its option, terminate this Lease by giving written notice thereof to Tenant, in which event this Lease shall
terminate as of the date when physical possession of such portion of the Building, Premises or Property is taken
by the condemning authority. If this Lease is not so terminated upon any such taking or sale, the Base Rental
payable hereunder shall be diminished by an equitable amount, and Landlord shall, to the extent Landlord deems
feasible, restore the Building, the Property and /or the Premises to substantially their former condition, but such
work shall not exceed the scope of the work done by Landlord in originally constructing the Building and the
improvements currently existing in the Premises and /or the Property, nor shall Landlord in any event be required
to spend for such work an amount in excess of the amount received by Landlord as compensation for such taking.
All amounts awarded upon a taking of any part or all of the Building, the Property or the Premises shall belong to
Landlord, and Tenant shall not be entitled to and expressly waives all claim to any such compensation. Nothing
contained herein shall prohibit Tenant from seeking business loss, Tenant's tenancy loss, or other such claims from
the condemning authority.
• 8
22. Damages From Certain Causes. Landlord shall not be liable to Tenant for any loss or
• damage to any property or person occasioned by theft, fire, act of God, public enemy, injunction, riot, strike,
insurrection, war, court order, requisition, or other such event not within the control of Landlord. Nor shall
Landlord be liable for any damage or inconvenience which may arise through repair or alterations of any part of
the Building, Property, or Premises.
23. Events of Default/Remedies.
(a) The following events shall be deemed to be events of default by Tenant under this Lease:
(i) Tenant shall fail to pay any rent or any other sums of money due hereunder and such
failure shall continue for a period of ten (10) days after the date such sum is due;
(ii) Tenant shall fail to comply with any provision of this Lease or any other agreement
between Landlord and Tenant, all of which terms, provisions, and covenants shall be deemed
material within 60 days of written notice from Landlord;
(iii) the leasehold hereunder demised shall be taken on execution or other process of law
in any action against Tenant;
(iv) Tenant shall become insolvent or unable to pay its debts as they become due, or
Tenant notifies Landlord that it anticipates either condition;
(v) Tenant takes any action to, or notifies Landlord that Tenant intends to file a petition
under any section or chapter of the Federal Bankruptcy Act, as amended, or under any similar law
or statute of the United States or any State thereof, or a petition shall be filed against Tenant under
• any such statute or Tenant or any creditor of Tenant notifies Landlord that it knows such petition
will be filed or Tenant notifies Landlord that it expects such a petition to be filed; or
(vi) a receiver or trustee shall be appointed for Tenant's leasehold interest in the
Premises or for all or a substantial part of the assets of Tenant.
(b) Upon the occurrence of any event or events of default or other breach of this Lease by
Tenant not arising from Tenant's failure to pay any rent or other sums of money due hereunder within ten (10) days
of the due date, and whether such default or defaults are enumerated in this paragraph or not, then if Tenant fails
to cure any such default within sixty (60) calendar days of written notice from Landlord, Landlord shall have the
option to pursue any one or more of the following remedies: (i) Landlord shall have the right, at its election, to
cancel and terminate this Lease and dispossess Tenant; (ii) Landlord shall have the right without terminating or
canceling this Lease to declare all amounts and rents due under this Lease for the remainder of the existing term
(or any applicable extension or renewal thereof) to be immediately due and payable, and thereupon all rents and
other charges due hereunder to the end of the initial term or any renewal term, if applicable, shall be accelerated
subject to a one year cap; (ii) Landlord may elect to enter and repossess the Premises and relet the Premises for
Tenant's account, holding Tenant liable in damages for all expenses incurred in any such reletting and for any
difference between the amount of rent received from such reletting and the rent due and payable under the terms
of this Lease; (iv) Landlord may enter upon the Premises and do whatever Tenant is obligated to do under this
Lease. If Tenant is in default for any reason which would require written notice from Landlord, and if such default
cannot reasonably be expected to be cured within the said ten (10) day period, then Tenant shall have a reasonable
period of time to effect such cure, provided that Tenant promptly commences the cure and proceeds diligently to
completion of same.
(c) In the event of any default by Tenant arising from the failure to pay rent or any other sum
• 9
due hereunder within the ten (10) day period provided in subparagraph 23(a)(i) above, Landlord may, upon three
• (3) days written notice, exercise any remedy provided in subparagraph 23(b) above. Notwithstanding the foregoing,
however, within the three -day period, the Tenant shall have the right to cure the default of nonpayment by paying
such sums that are due and owing as set forth in the said written notice.
(d) This Paragraph 23 shall be enforceable to the maximum extent not prohibited by applicable
law, and the unenforceability of any portion hereof shall not thereby render unenforceable any other portion.
(e) Landlord shall be in default hereunder in the event Landlord has not begun and pursued
with reasonable diligence the cure of any failure of Landlord to meet its obligations hereunder within thirty (30) days
(except for the obligation to provide utility services, working elevators and HVAC, in which case the time frame
shall be deemed to be three (3) calendar days) of the receipt by Landlord of written notice from Tenant of the
alleged failure to perform. In no event shall Tenant have the right to terminate or rescind this Lease as a result of
Landlord's default as to any covenant or agreement contained in this Lease or as a result of the breach of any
promise or inducement hereof, whether in this Lease or elsewhere, unless said breach shall constitute a constructive
eviction of Tenant and Landlord has not begun and pursued with reasonable diligence to cure the default within the
time frame set forth above in this Paragraph. Tenant hereby waives such remedies of termination and recission and
hereby agrees that Tenant's remedies for default hereunder and for breach of any promise or inducement by
Landlord shall be limited to a suit for damages and/or injunction.
(f) Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may
reasonably incur in effecting compliance with Tenant's obligations under this Lease, and Tenant further agrees that
Landlord shall not be liable for any damages resulting to the Tenant from such action. All such remedies of
Landlord shall be cumulative, and in addition, Landlord may pursue any other remedies that may be permitted by
law or in equity. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event
of default shall not be deemed or construed to constitute a waiver of such default or remedy.
• 24. Taxes and Assessments. Tenant shall be liable for all taxes levied or assessed against
personal property, furniture or fixtures or equipment placed by Tenant in the Premises. If any such taxes for which
Tenant is liable are levied or assessed against landlord or Landlord's property and if Landlord elects to pay the
same, or if the assessed value of Landlord's property is increased by inclusion of personal property, furniture or
fixtures or equipment placed by Tenant in the Premises, and Landlord elects to pay the taxes based on such increase,
Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is liable hereunder. Landlord's
demand for payment shall include reasonable evidence of such tax.
25. Peaceful Enjoyment. Tenant shall, and may peacefully have, hold, and enjoy the
Premises against all persons claiming by, through or under Landlord, subject to the other terms hereof, provided
that Tenant pays the rent and other sums herein recited to be paid by Tenant and performs all of Tenant's covenants
and agreement herein contained. This covenant and any and all other covenants of Landlord shall be binding upon
Landlord and its successors only with respect to breaches occurring during its or their respective periods of
ownership of the Landlord's interest hereunder.
26. Holding Over. In the event of holding over by Tenant without Landlord's written
consent thereto after expiration or other termination of this Lease or in the event Tenant continues to occupy the
Premises after the termination of Tenant's right of possession pursuant to Paragraph 23(b) hereof, Tenant covenants
and agrees, throughout the entire holdover period, to pay rent equal to twice the Base Rental, as the same is adjusted
pursuant to the terms hereof, and any additional rent which would have been applicable had the term of this Lease
continued through the period of such holding over by Tenant. No possession by Tenant after the expiration of the
term of this Lease shall be construed to extend the term of this Lease unless Landlord has consented to such
possession in writing, and throughout such holdover period Tenant shall be deemed a tenant -at- sufferance.
• 10
27. Subordination To Mortgage. Landlord represents and warrants to Tenant that the
• Property is not encumbered by a mortgage as of the date of execution of this Lease. This Lease is and shall be
subject and subordinate to any mortgage and /or deed of trust hereafter created by Landlord, upon the Premises, or
upon the Building, and to any renewals, refinancing and extensions thereof, provided that such mortgagee shall
execute a "non- disturbance" agreement reasonably acceptable to Tenant. Tenant agrees that any such mortgagee
shall have the right at any time to subordinate such mortgage and /or deed of trust to this lease on such terms and
subject to such conditions as such mortgagee may deem appropriate in its discretion. Tenant agrees upon written
demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as
Landlord may reasonably request provided such agreement contains a "non - disturbance" covenant reasonably
acceptable to Tenant. Tenant agrees that it will from time to time, upon request by Landlord, execute and deliver
to such persons as Landlord shall reasonably request, a statement in recordable form certifying that this Lease is
unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect
as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating
that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default)
and further stating such other matters as Landlord or its mortgagee(s) shall reasonably require. Tenant shall, in the
event of the sale or assignment of Landlord's interest in the Building of which the Premises form a part, (providing
Landlord is not then in default) or in the event of any proceedings brought for the foreclosure of, or in the event
of exercise of the power of sale under, any mortgage made by Landlord covering the Premises, attorn to the
purchaser and recognize such purchaser as Landlord under this Lease. A covenant of nondisturbance shall be
acceptable to Tenant if it states that, providing the Tenant is not then in default of this Lease, the mortgagee, upon
taking title to the property by foreclosure or by deed in lieu thereof, will not disturb the Tenant's peaceful use and
enjoyment of the Premises and that the mortgagee shall assume the Landlord's obligations hereunder from the date
mortgagee takes title to the property.
28. Attorney's Fees. In the event of litigation arising from this Lease the prevailing party shall
be entitled to an award of reasonable attorney's fees and costs from the other party, including at the trial and any
appellate levels.
29. No Implied Waiver. The failure of either party to insist at any time upon the strict
performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease
shall not be construed as a waiver or a relinquishment thereof for the future. No payment by Tenant or receipt by
Landlord of a lesser amount than the monthly installment of rent due under this Lease shall be deemed to be other
than on account of the earliest rent due hereunder, nor shall any endorsement or statement on any check or any
letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept
such check or payment without prejudice to landlord's right to recover the balance of such rent or pursue any other
remedy provided in this Lease.
30. Limitation of Liability. The liability of Landlord to Tenant for any default by Landlord
under the terms of this Lease shall be limited to the interest of Landlord in the Building and the Property, and
Tenant agrees to look solely to Landlord's interest in the Building and the Property for the recovery of any
judgment from the Landlord, it being intended that landlord shall not be personally liable for any judgment or
deficiency.
31. Notice. Any notice, demand or request to be given pursuant to this Lease must, unless
otherwise expressly provided herein, be in writing, and may, unless otherwise in this Lease expressly provided, be
given or be served by hand delivery, or by depositing the same in the United States mail, postage prepaid and
certified and addressed to the party to be notified, with return receipt requested, or by prepaid telegram, when
appropriate, addressed to the party to be notified at the address stated in this Lease or such other address notice of
which has been given to the other party. Notice deposited in the mail in the manner hereinabove described shall
be effective upon mailing. Until further notice, the addresses for the parties shall be as follows:
• 11
As To Landlord: Tequesta Business Associates
• Attention: Harriet Smith
H. Smith Realty
250 Tequesta Dr., Suite 206
Tequesta, Florida 33469
with a copy to: Ronald Pflug, Esq.
266 Harristown Road
Glen Rock, New Jersey 07452
As to Tenant: The Village of Tequesta
c/0 of Thomas G. Bradford, Village Manager
250 Tequesta Drive, Suite 300
Tequesta, Florida 33469
32. Severability. If any term or provision of this Lease, or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the application of
such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each term and provision of this Lease shall be valid and enforced to the fullest
extent permitted by law.
33. Recordation. Tenant agrees not to record this Lease or any memorandum hereof, but Landlord
may record this Lease or a memorandum thereof, at its sole election, and Tenant agrees to execute such reasonable
memorandum upon request by Landlord.
34. Governing Law; Venue. This Lease and the rights and obligations of the parties hereto
shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida without regard to
principles of conflicts of law. Venue of all proceedings in connection therewith shall be in Palm Beach County,
Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue.
35. Time of Performance. Except as expressly otherwise herein provided, with respect to
all required acts of Tenant, time is of the essence of this Lease.
36. Force Majeure. Whenever a period of time is herein prescribed for the taking of any
action by Landlord, Landlord shall not be liable or responsible for, and there shall be excluded from the
computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials,
war, governmental laws, regulations or restrictions, financing, or any other cause whatsoever beyond the control
of Landlord.
37. Transfers by Landlord. Landlord shall have the right to transfer and assign, in whole
or in part, all its rights and obligations hereunder and in the Building and the Premises referred to herein. In such
event and upon such transfer and acceptance by the Assignees of the assignment and the rights and obligations
hereunder, Landlord shall be released from any further obligations hereunder. Tenant agrees to look solely to such
successor in interest of Landlord for the performance of such obligations.
38. Brokers. Landlord and Tenant each represent and warrant one to the other that except as
may be hereinafter set forth, neither of them has employed any broker in connection with the negotiations of the
terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each other
harmless against any loss, expense or liability with respect to any claims for commissions or brokerage fees arising
from or out of any breach of the foregoing representation and warranty. Landlord recognizes H.
12
Smith Realty as the sole broker with whom Landlord has dealt in this transaction and agrees to pay any commissions
• determined to be due said broker.
39. Effect of Delivery of this Lease. Landlord has delivered a copy of this Lease to Tenant
for Tenant's review only, and the delivery hereof does not constitute an offer to Tenant or an option to lease. This
Lease shall not be effective until a copy executed by both Landlord and Tenant is delivered to and accepted by
Landlord and Tenant.
40. Captions. The Paragraph captions used herein are for convenience and reference only.
42. Relationship of Parties. Nothing contained herein shall be deemed or construed by the
parties hereto, nor by 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 rent,
nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to relationship of
Landlord and Tenant.
41. Exhibits: The following numbered exhibits are attached hereto and incorporated herein and
made a part of this Lease for all purposes:
a. Legal description of the underlying property attached hereto as Exhibit "A ".
b. Floor Plan attached hereto as Exhibit "B ".
C. Option Addendum attached hereto as Exhibit "C ".
d. Increase In Base Rental Based on Increases In the Consumer Price
• Index "D ".
I
42. Amendments. The provisions of this Lease may not be modified or amended, except
by an instrument in writing and signed by all parties hereto.
43. Binding Effect. This Lease shall be binding upon and inure to the benefit of Landlord,
its successors and assigns, and Tenant, its successors and , to the extent an assignment is permitted under the terms
of this Lease, Tenant's assigns.
45. Entire Agreement. This Lease and the Exhibits hereto constitute the entire agreement
between the parties hereto pertaining to the subject matter contained herein and supersedes all prior and
contemporaneous agreements, representations, and understanding of the parties. No supplement, modification or
amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the
provisions of this Agreement shall be deemed, or shall constitute,a waiver of any other provision, whether or not
similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing
by the party making the waiver.
46. Pronouns. Pronouns used herein shall be deemed to refer to whatever gender and number
the identity of the person or persons involved may require, and words in the singular shall be construed as though
in the plural, or in the plural as though in the singular, wherever the context so admits.
• 13
47. Radon Gas 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 exceeds federal and state guidelines have been found in buildings in Florida. Additional information
regarding Radon and Radon testing may be obtained from your county public health unit.
48. Americans With Disabilities Act of 1990 Landlord and Tenant intend to allocate
their compliance responsibilities under the Americans with Disabilities Act of 1990 (ADA) as provided herein.
Provided any changes are required, the Landlord shall be responsible for making readily achievable changes and
providing auxiliary aid and services in common areas and for modifying policies, practices or procedures applicable
to all tenants. The Tenant shall be responsible for readily achievable changes, provision of auxiliary aids, and
modifications of policies within the Premises and in the operation of its business.
49. Option to Renew The Option Addendum attached hereto as Exhibit "C" is incorporated
herein and made a part hereof.
50. Memorandum to Enter Into Lease and Receipt for Deposit. The parties hereto agree that
the covenants set forth in paragraph F., items 1 through 4, and 5. a. through f. of the Memorandum to Enter Into
Lease and Receipt for Deposit executed by the parties shall survive the execution of this Lease provided, however,
that Landlord will not be obligated to make these improvements at the beginning of any option period if tenant shall
exercise its option to renew.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease in multiple original
counterparts as of the day and year first above written.
Executed in the Presence of:
TEQUESTA BUSINESS ASSOCIATES
• BY: TEQUESTA CORPORATE CENTER
PARTNERS, INC., a Florida Corporation, as
4to General Partner
BY:�
ndl rd Herman Jeff esident
As to Landlord
THE VILLAGE OF TEQUESTA
BY:
s to Tenant Thomas G. Bradford, Villa Manager
As to Tenan
• 14
Landlord agrees to pay a commission to H. Smith Realty in accordance with a separate listing agreement
between Landlord and H. Smith Realty.
Executed in the Presence of:
LANDLORD:
TEQUESTA BUSINESS ASSOCIATES
BY: TEQUESTA CORPORATE CENTER
PARTNERS, INC., a Florida
Corporation, as General Partner
`1 BY:
Herman Je a resident
. 15
• Exhibit "A"
A Parcel of Land in Section 30, Township 40 South, Rage 43 East Palm Beach County, Florida, being
more particularly described as follows:
From the point of intersection of the center line of State Road No. 5 (U.S. Highway No. 1), with the South
line of said Section 30, bear N 03 deg 54" 55" E, along said center line, a distance of 695.55 feet; thence bear S
89 deg 46' 55: W, along the north right -of -way line of Bridge Road and its easterly extension, a distance of 876.58
feet to the POINT OF BEGINNING; thence continue S 89 deg 46' 55 ", W along said north right -of way line, a
distance of 94.23 feet, to the intersection with the easterly right -of -way line of Old Dixie Highway, as recorded in
Road Plat Book 5, Page 146, Palm Beach County Public Records; thence bear N 56 deg 13' 43" W, along said
easterly right -of -way line, being the chord of a curve having a radius of 25.0 feet, a distance of 27.95 feet; thence
bear N 22 deg 14' 20" W, along said easterly right -of -way line, a distance of 219.87 feet; thence continue along
said easterly right -of -way line, on a bearing of N 22 deg 52' 40" E, being the chord of a curve having a radius of
25.0 feet, a distance of 35.43 feet to the intersection with the southerly right -of -way line of Tequesta Drive thence
bear N 67 deg 59' 40" E, along said southerly right -of -way line, a distance of 200.25 feet; thence bear S 00 deg
13' 05" E, a distance of 326.37 feet to the POINT OF BEGINNING.
Except for the following parcel:
Being a portion of land for additional right -of -way purposes for Tequesta Drive, Village of Tequesta in
Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida and being more particularly described
as follows:
Commencing at a point on the South line of said Section 30: State Route 5 (US 1) with the said South line
of Section 30; thence North 03 deg 23' 58" East along said centerline of right -of -way, a distance of 1,169.71 feet
to the point of intersection with the centerline of right -of -way for Tequesta Drive; thence South 89 deg 20' 09" west
along said centerline of Tequesta Drive, a distance of 582.91 feet to a Point of Curve concave to the southeast
having a radius of 350.00 feet and central angle of 21 deg 48' 00 "; thence along the arc of said curve and the said
centerline of Tequesta Drive, a distance of 133.17 feet; thence South 67 deg 32' 09" West, along said centerline
of Tequesta Drive, a distance of 229.54 feet; thence South 22 deg 27' 51" East, a distance of 40.00 feet to a point
on the Southerly line of Tequesta Drive as recorded in O.R.B. 872, Page 257 of the Public Records of Palm Beach
County, Florida and the Point of Beginning: thence South 00 deg 40' 36" East along the Easterly line of said Parcel
12, a distance of 5.38 feet; thence South 67 deg 32' 09" West, a distance of 198.23 feet; thence South 22 deg 25'
09" West along the long chord of a 25 foot radius, a distance of 35.43 feet to a point of the Easterly line of Old
Dixie Highway as recorded in O.R.B. 2568, page 132 of the said Public Records; thence North 22 deg 41' 51"
West along said Easterly line of Old Dixie Highway, a distance of 5.00 feet; thence North 22 deg 25' 09" East,
a distance 35.43 feet to a point on said Southerly line of Tequesta Drive;
thence North 67 deg 32' 09" East along said Southerly line of Tequesta Drive, a distance of 200.25 feet to the Point
of Beginning.
Containing in area 1,122 square feet more or less.
Subject to existing easements, Rights -of -Way, Restrictions and Reservations of Record.
0 16
EXHIBIT B
TEQUESTA CORPORATE CENTER
8 Room Corner Suite .-7ith ',wrap- Around - vie', 1, ,689 square feet.
n t�11i'[ia i�ri
r,
Entra ce
k
Back��oor
,
-
Y' " T
Reception area
I v 7 Kitche��
v -
C
�i
m� Work Area
YI
Offic m� {�
f iCe j
All
f
� v1
i
19' 1 3i4" ,.
�I
- 'i
Office I fv Office
o
• I
o _ --+
EXHIBIT B
TEQUESTA CORPORATE CENTER
•
Suite 303 1 445 Sq.Ft.
o, X -Ray
,. o m �.
1.
i,
r
3'
m
,
•
• EXHIBIT "C"
OPTION ADDENDUM
Provided Tenant shall not be in default under any of the terms, covenants, or conditions of the attached
Lease on Tenant's part to be performed, and provided that no event shall have occurred which, with the running
of time or the giving of notice, or both, would result in an event of default, and further provided that there shall
not have occurred, damage or destruction to or a condemnation of the Demised Premises which would entitle
Landlord to terminate the said Lease pursuant to the terms thereof, Tenant shall have the Option to renew the Lease
for THREE (3) additional ONE (1) year terms, upon the following terms and conditions:
I. The One Year option term timely exercised in accordance with this Exhibit "C" shall commence
at the time of the expiration of the initial three year term of the Lease, and shall continue for a term of one year
thereafter.
2. In order to exercise the option herein granted, Tenant shall be required to deliver, either by hand
delivery or by certified mail with return receipt requested, to Landlord a written notice of the exercise of the option,
which said notice shall be in a form legally sufficient to bind Tenant, not later than sixty (60) days prior to the
expiration of the initial three year or any one year terms if option is exercised of the Lease.
3. In the event Tenant fails to timely exercise the option herein granted, then the option shall become
automatically null and void.
4. The Base Rental due for the Option term shall be adjusted as set forth in Exhibit
"D
• 5. All of the terms, conditions, obligations and duties set forth in the Lease shall continue and prevail
during the Option term(s), except for the waiver of any rental payments and as modified hereby.
17
EXHIBIT "M
• Increase In Base Rental Based On
Increases In The Cons urner Price Index
The Base Rental shall be adjusted on each December 13th during the Lease Term and
during each optional Lease Year if the Index (as hereinafter defined) for the month which is two
(2) months prior to the applicable Adjustment Date is greater than the Base Index (as hereinafter
defined), which adjustment shall be made by application of the following formula:
(1) The Base Rental due during the First Lease Year (i.e., $47,132.04) shall
be multiplied by a fraction the numerator of which shall be the amount by which the Index for the
calendar month October immediately prior to the applicable Adjustment Date exceeds the Base
Index and the denominator of which shall be the Base Index.
(2) The new Base Rental for the Lease Year beginning with the applicable
Adjustment Date shall be the aggregate of (a) $47,132.04 and (b) the product of the multiplication
specified in Subparagraph (1) above, provided however that in no event shall the Base Rental
established pursuant to this Paragraph (2) be more than one hundred and four percent (104%) of
the Base Rental for the Lease Year immediately preceding any applicable Adjustment Date.
(3) Adjustments to the Base Rental under this Exhibit "D" shall be effective as
of each applicable Adjustment Date and shall continue in effect until again revised in accordance
with the terms and conditions of this Exhibit "D."
• (4) Index and Base Index are defined as follows:
(a) "jttdj" shall mean Consumer Price Index All Consumers South
published by the Bureau of Labor Statistics of the United States Department of Labor or, in the
event the Index is discontinued, such successor index as shall be reasonably acceptable to Landlord
and Tenant.
(c) "Raw jnde a" shall mean the Index for the month of October, 1996.
0: W 9BRS\ATT Y\PSEI\ 1313 3 - I \INS t? R'f .0 l
•
A6401110. h V I U L - N V E v: F PROPERTY ' N SU 1 A CE- ri. NF. DATE (Mmmor Y)
12/10/96
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE
RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY.
PRODUCER P H ON E / o A E ,,:561-746-4546/ COMPANY
i questa Agency, Inc. Valley Forge Insurance Co.
Tequ Drive
ceats FL 33469 -3098
Charles P. Martyn III
CODE: 770-076775 SUB CODE:
AGENCY
CUSTOMER ID t: TEQUE - 4
INSURED LOAN NUMBER POLICY NUMBER
Tequesta Corporate Center 8155829405
% H. Smith Realty Inc. EFFECTIVE DATE EXPIRATION DATE CONTINUED 250 Tequesta Dr, Ste 206 E FCHECKED
UNT
� 07/23/96 07/23/97 TERMINATED
Tequesta FL 33469 THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATION/DESCRIPTION
001
250 TEQUESTA DRIVE
TEQUESTA FL 33469
COVERAGE INFORMATION
COVERAGE/PERILS/FORMS - AMOUNT OF INSURANCE DEDUCTIBLE
BUILDING COVERAGE WRITTEN ON THE "SPECIAL CAUSES
OF LOSS" FORM FOR RISKS OF DIRECT PHYSICAL LOSS
SUBJECT TO NORMAL POLICY LIMITS & EXCLUSIONS. 2,500,000. **
* *DEDUCTIBLES - 1`$ (OF LIMIT OF INS.) WIND /HAIL
$1,000. ALL OTHER PERILS
LIABILITY 11000,000. N/A
COMMERCIAL LIABILITY 11000,000. N/A
REMARKS (Including Special Conditions)
CANCELLATION
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE
POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 10 DAYS
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
ADDITIONAL INTEREST
NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED
j LOSS PAYEE Hx INFORMATION PURPOSES
VILLAGE OF TEQUESTA LOAN X
0 250 TEQUESTA DRIVE AUTNURIAED REPRESENTATIVE
'
TEQUESTA FL 33469 `
Charles P. Martyn III
ACORD 27 (3193) ID ACORD CORPORATION 1993
TEQUESTA CORPORATE CENTER
V ill
JA- ,N! 2 1 is"97
�.''1;uQp ,fan; ()' =CQ
DATE: January 17, 1997
TO: Tequesta Corporate Center Tenants
FROM: Management
RE: Building Rules and Regulations
Enclosed please find an Amendment to the Tequesta Corporate Center Rules and
Regulations in regards to Smoking.
• Also enclosed is a copy of the entire Rules and Regulations for your files.
R
Y r
•
250 Tequesta Drive Tequesta, Florida 33469 561- 747 -4177 • Fax 561- 747 -4189
TEQUESTA CORPORATE CENTER
AMENDMENT TO TEQUESTA CORPORATE CENTER
RULES AND REGULATIONS
Paragraph 2 of the Building Rules & Regulations is hereby
amended as follows:
1. Smoking This is a Smoke -Free building. Tenant, its
officers, agents, servants or employees shall not permit smoking of
any kind in 'their respective demised premises or in any indoor
common areas, including all hallways, elevators, entryways,
bathrooms, stairwells, or other such areas common to all Tenants
and /or the general public. Smoking is allowed in the covered
parking area and a cigarette urn is placed there for your
convenience.
•
TEQUESTA CORPORATE CENTER
TEQUESTA CORPORATE CENTER
• RULES AND REGULATIONS
Effective June 1, 1993, the following rules and regulations
shall apply to all tenants, including their officers, agents,
servants, employees, and invitees and has been promulgated by the
Landlord in accordance with each of the respective leases to the
units within the building.
1. Noise Tenant, its officers, agents, servants and
employees shall not permit the operation of any musical or sound
producing instruments or equipment which may be audible d►itside of
the leased premises, building, or parking facilities and shall not
permit the operation of any equipment that will produce loud noises
or sound which may be heard outside of the leased premises,
building or parking facilities or which otherwise disturbs the
peaceful enjoyment of the other tenants use of their respective
leased premises.
2. Smoking Tenant, its officers, agents, servants or
employees shall not permit smoking of any kind in their respective
demised premises or in any indoor common areas, including all
hallways, elevators, entryways, bathrooms, or other such areas
common to all Tenants and /or the general public. In the event that
a Tenant desires to allow smoking within their demised premises
then Tenant, at Tenant's sole expense, shall install a smoke
filtration device which will purify the air from-any such *smoking.
Any such filtration device shall be approved by the Landlord, which
approval may be reasonably withheld by the Landlord.
3. Garbage Removal Tenants, its officers, agents,
servants, or employees shall not permit trash, garbage, trash bags,
debris, litter, boxes, refuse, or items of personal property to be
placed, left, deposited, or otherwise allowed to remain in any
common areas of the building, including hallways, elevators,
parking areas, and such other common areas to the Tenants and /or
general public.
4. Drink Containers Tenants, its officers, agents,
servants, or employees shall not permit drink containers to be used
within any cofamon area, including hallways, stairs, elevators, and
bathrooms,' unless said drink containers are covered with a spill -
proof lid or such other device that will prevent the spillage of
any liquid within said common areas.
S. Keys Tenant shall provide Landlord with a key to the
leased premises, which key shall be maintained by the building
manager. In the event that Tenant changes any lock to the unit,
Tenant shall immediately provide Landlord with a key to the new
lock.
6. Delivery or movement of furniture. etc. The delivery or
movement of any furniture, equipment, machines, merchandise,
250 Tequesta Drive - Tequesta, Florida 33469 - 561- 747 -4177 - Fax 561- 747 -4189
TEQUESTA CORPORATE CENTER
materials, or other such items of personal property, into or out of
the leased premises, building, and /or parking facilities shall be
limited to the time, method and routing of movement as reasonably
determined by the Landlord. Tenant shall make a written request
for the delivery and /or movement of such items twenty -four (24)
hours in advance of such delivery and /or movement. until Landlord,
through its managing agent, provides written consent to such
delivery and /or movement, the Tenant, its officers, agents,
servants and /or employees shall refrain from delivering or moving
such items into or out of the leased premises, building or parking
facilities.
7. Stolen property The Landlord shall not be responsible
for any lost or stolen personal property, equipment, money or any
other article taken from the leased premises, building or parking
facilities. The Tenant, its officers, agents, servants,, and
employees assume all risk of loss for any such items brought onto
or currently existing within the leased premises, building and /or
parking facilities.
S. Pets Tenant, its officers, agents, servants, employees,
patrons, licensees, invitees, visitors, and /or customers shall not
bring into the building or leased premises, or keep or maintain on
the leased premises, any pets or other such animals, fish, fowl,
reptiles,. or insects, without the express written consent of the
Landlord.
i 9. socked premises Tenant, its officers, agents, servants
and employees shall, prior to leaving the leased premises
unattended, close and lock all doors to the leased premises. Any
damage or loss resulting from the failure to close and lock all
doors shall be borne solely by the Tenant.
10. Plumbing facilities The plumbing facilities within the
building shall not be used for any other purpose than that for
which they are constructed. Tenant, its officers, agents,
servants, employees, patrons, licensees, customers, visitors and /or
invitees shall not place any foreign substance of any kind into the
plumbing facilities. Tenant shall be responsible for any costs or
expenses incurred as a result of any damage to the plumbing
facilities resulting from a violation of this provision by Tenant,
its officers; servants, agents, employees, patrons, licensees,
customers, visitors, and /or invitees.
11. Solicitations Soliciting, canvassing, and peddling
shall be prohibited within the building and parking facilities.
Any violation of this provision shall be reported to the building
manager's office promptly by any Tenant.
12. Large garbage removal In the event that a Tenant has
large crates, boxes, and the like that will not properly fit within
the waste paper baskets within the leased premises, Tenant shall be
responsible for the proper disposal of same. In no event shall
Tenant allow such items to be placed in the common areas, including
250Tequesta Drive - Tequesta, Florida 33469 - 561- 747 -4177 - Fax 561 -747 -4189
TEQUESTA CORPORATE CENTER
•
hallways, elevators, bathrooms, or other such areas common to the
other Tenants and/or general public or parking facilities, and will
not cause the dumpster located outside the building to become
overloaded to the extent that the dumpster cover will not properly
close.
13. Conduct of business Tenant shall conduct its business
and /or control of its officers, agents, employees, servants,
patrons, customers, licensees, invitees, and visitors, in such a
manner so as not to create any nuisance or interference with, annoy
or disturb any other Tenant or the Landlord in the operation of the
building or to commit any waste or suffer or permit any waste to be
committed to the leased premises, building and /or parking
facilities.
t :\data\pat\corp \tegcorru.reg
i
•
250 Tequesta Drive Tequesta, Florida 33469 561- 747 -4177 Fax 561 - 747 -4189