R08-051
II
1 RESOLUTION R08- 051
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR TO EXECUTE THE
6 FIRST AMENDMENT TO LEASE AGREEMENTS
7 BETWEEN THE CITY OF BOYNTON BEACH, PALM
8 BEACH COUNTY AND MARW AN GHALI, AND
9 BLANCHE GIRTMAN, AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, on June 21, 2005, the City entered into a Lease Agreement with Palm
13 Beach County and property owners Marwan Ghali, Blanche Girtman and James Johnson,
14 Jr., to establish a Community Garden Program; and
15 WHEREAS, Palm Beach County is requesting to cancel the lease arrangements for
16 the Community Gardens as they no longer have the staff position nor the grant funding that
17 they had when the gardens were established; and
18 WHEREAS, the First Amendment to Lease Agreement is to release Palm Beach
19 County from all obligations under the lease; and
20 WHEREAS, the City Staff recommends the approval of the two First Amendment
21 to Community Garden Lease Agreements between the City of Boynton Beach, Palm Beach
22 County and Marwan Ghali, and Blanche H. Girtman.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize and direct the Mayor and City Clerk to execute two First Amendment to
S:ICA\RESOlAgreementsICommunity Garden Leases Amendment.doc
II
Community Garden Lease Agreements between the City of Boynton Beach, Palm Beach
2 County and Marwan Ghali, and Blanche H. Girtman, a copy of each Agreement is attached
3 hereto as Exhibit "A" and "B", respectively.
4
Section 3.
This Resolution will become effective immediately upon passage.
5 PASSED AND ADOPTED this IS day of April, 2008.
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23 ATTEST:
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31 (Corporate Seal)
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S:\CAIRESOlAgreements\Community Garden Leases Amendment.doc
FIRST AMENDMENT TO ~SE AGREEMENT ADS-DSr
----
"
\
THIS FIRST AMENDMENT TO LEASE tGREEMENT (the "First
Amendment") is made and entered into -- by BLANCHE H.
GIRTMAN, property owner, hereinafter referred to as "Landlord", and PALM BEACH
COUNTY, a political subdivision of the State of Florida, on behalf of the Cooperative
Extension Services Department, hereinafter referred to as "County", and the CITY OF
BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Landlord is the owner of certain real property in Palm Beach
County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33435,
which property is legally described in Exhibit "A" attached hereto and made a part hereof
(the "Property"): and
WHEREAS, County leases the Property from Landlord pursuant to the Lease
Agreement between Landlord and County and City, dated September 13, 2005 (R2005-
1713) (the "Lease"); and
WHEREAS, the parties desire to amend the Lease to provide for the assignment
of County's rights and obligations under the Lease to City and to release County from all
obligations under the Lease.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Terms not defined herein shall have the same meaning as ascribed to them in the
Lease.
'") The Lease is hereby modified to assign all of County's rights and obligations
-'.
under the Lease to City. By execution of this First Amendment, City accepts the
assignment from County and assumes all of County's rights and obligations under
the Lease.
4. The Lease is hereby modified to release County from all obligations under the
Lease. By execution of this First Amendment, Landlord consents to County's
assignment to City of its rights and obligations under the Lease, the assumption
by City of County's rights and obligations under the Lease, and Landlord agrees
that County is hereby released from the Lease and all obligations thereunder.
5. This First Amendment shall become effective upon execution by all parties and
approval by the Palm Beach County Board of County Commissioners.
6. All other terms and conditions of the Lease remain unchanged.
Page 1 of3
IN WITNESS WHEREOF, the Landlord, County, and City have executed this
First Amendment, or have caused the same to be executed, as of the day and year first
written above.
WITNESS:, LANDLORD:
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, lW~ignature" /" : ~nChe II. Girtman'
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Print Witness Name
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Print Witness Name
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ATTEST: COUNTY: I....
,.,;,'~;i..t')>':\\\11 PALM BEACH COUNTY, 'l1UL 0 8 200B
.'~ ()\~?.".... ..!:"IO'\, political subdivision of the State of Florida
... ",:.:;- ~..J.,~' "-.'i~ '~'/,
SHARON R. BOCK,(( ... . \-I.M iJ~"h "':.(".',
CLERK & COMPTROULER '..y ;,:n',
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HY"'l't1.r~ "NJJJ:^ ::{:'; Bya~~X..J1~-
Lf)cputy Cle' 1I{{~('j""" ....<;.;~~~~J Addie L. Greene. Chairperson
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APPROVED AS TO FORM APPROVED AS TO TERMS
AND U:GAL SUFFICIENCY AND CONDITIONS
II \(~~'L IC",::~ LA! I L1n
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J:~~~~(~O~~~~torne; , ~~ Audrey Wo f, Direct r
ll- j OM Facilities Development & Operations
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Page 2 of3
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ATTEST: CITY:
CITY OF BOYNTON BEACH
~Yn.~ By
CI Clerk
(P1/ROVED AS TO FORM:
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(City Seal)
Signed and delivered
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Witn Name .)
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Print W.'ness Name D .
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Witness N e \
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Print Witness ame
STATE OF FLORIDA
COUNTY OF PALM BEACH
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I HEREBY CERTIFY that on this 020h-- day of ,.2007,
before me personally appeared 5z;',;t'L" / ~LcJ/C- . ayor, personally known
to me or who produced r as identificatiOn and who -
did ( ) did notJ,-\1 take an oath and who executed the foregoing instrument and
acknowledged before me that he executed the same for the purposes therein.
NOTARY POODC-STATE OF FLORIDA
~ Judith A. Pyle ~ /? [5
Comrnission#DD421091 t;/ZI'tJ/i"l1 /I. /' r? "
Expires: APR. 21, 2009 Print Name I
Bonded Thru Atlantic Bonding Co., Ine.
Commission No. OJ) .L/ J.-/~ tJ /
My Commission Expires: 7;I~I/af
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Page 3 of3
EXHIBIT "A"
PROPERTY
FRANK WEBER ADD LT 11 & E 11 FT OF
LT 12 (LESS S 20 FT RlW 10TH AVE) BLK 1
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R2005 1713
SEP 13.
~05"-oq8
********************************************************************************
LEASE AGREEMENT
between
BLANCHE H. GIRTMAN
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
G:\Property Mgmt Scction\Out Lease\Coop Extension SVC\Lease. City Boynton Beacb Girtman !iF Approved Revised 04.25.06.doc
R2005 1713
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into SEP 13 . , by and
between BLANCHE H. GIRTMAN property owner, hereinafter referred to as "Landlord" of912
N.W. 3rd Street, P.O. Box 1552, BoyntonBeach,Florida33425-1552,
nd PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of
Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as
"County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as
"City".
WIT N E SSE T H:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at North Seacrest Boulevard, Boynton Beach, Florida 33436" which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program_; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas
of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property
Sketch-Area of City Responsibility"), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration ofthe rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
2
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the February 5, 2005 (the "Commencement
Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner
terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically
renewed for successive one (1) year periods unless either the County or Landlord provides the other
party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of
the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease
for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon
the parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption#60-2211419753 C. No sales
or use tax shall be included or charged with Annual Rent.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4- H Community Garden Program:, County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
ofthe Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term of this Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
3
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
AL TERA TION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perfonn any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively · Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision of this Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work.
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
4
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, if required by
such statute. In the event a construction lien is filed against the Premises in connection with any
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility ofthe City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director of the Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises outside the fenced
portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall
be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent
provided in Article XVI below, in the event that City fails to comply with the obligations contained
herein.
Section 5.03 Hazardous Substance Indemnification by Landlord
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. Ifsaid substance(s) exist,
Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. COWlty shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
5
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S AL TERA TIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during
the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in
whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be
relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the
event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable
hereunder shall be prorated to the date ofthe casualty. In the event County does not exercise its right
to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the
Premises and diligently pursue such restoration to completion using materials oflike kind and quality
or better. The rental due hereunder relating to the portion ofthe Premises render untenable shall be
abated from the date of such casualty until completion of such restoration.
ARTICLE VIII
UTILITIES AND SERVICES
6
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible and
pay for all water charges for water used or consumed in the operation of this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
tenn, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
7
period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's part to
be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the
Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or
any other person or persons lawfully or equitably claiming by, through, or under the Landlord,
subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
8
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value oftheir respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
subsequent to the date of termination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date ofthe Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)( a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
9
(provided in each case a receipt is obtained),telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if transmitted before
5PM on a business day and on the next business day if transmitted after 5PM or on a non-business
day, or ifmailed, upon the date which the return receipt is signed or delivery is refused or the notice
designated by the postal authorities as non-deliverable, as the case may be. The parties hereby
designed the following addresses as the addresses to which notices may be delivered, and delivery to
such addresses shall constitute binding notice given to such party:
(a) If to the Landlord at:
Blanche H. Girtman
912 N. W. 3rd Street
P. O. Box 1552
Boynton Beach, Fl. 33425-1552
Fax 561- -
--
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. o. Box 310
Boynton Beach, Fl. 33425-0310
10
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice Wlder this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
persons or circumstances other than those as to which it is invalid or Wlenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach COWlty.
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
11
Section 15.13 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting ofthis document to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions of this Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
12
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS: LANDLORD:
~ r/JA~
:J'J~ c .j)e~ . BLANCHE H. G AN
Witness Signature
~"'~~ \ c.. De C~(\o
:iJ?~~
:Z~Etam!#'i m / L-/J
WITNESS:
SHARON R. BOCK
CLERK & COMPTROLLER COUNTY:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
l
APPROVED AS TO FORM APPROVED AS TO TERMS AND
AND LEGAL SUFFICIENCY CONDITIONS
B)" ~ ~_______ BY:~ ~~W,~
Assistan C nty Attorney Department rector \
14
CITY Of.wYNTO
ATTEST: ,/
APPROVED AS TO FORM:
~@Ul~~
Office of the City Attorney
Signed and delivered
in the presence of:
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Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HERBY CERTIFY that on this ~ r day of :j l.<.. n€- 2005, before me personally
appeared /t:1ac,t. /\!}C[(t\.Y I Vie -e A1t...yu r , ~rsonally known to me or who produced
as identification and who did ( ) did not H take an oath and who executed
the foregoing instrument and acknowledged before that he executed the same for the purposes
therein. ~.. .' Wfi '
_ ?~ c':~ ~(. J
Notary .P1;!bl!c) State of Florida ~
<~ {/J/f!V c' 0 t.. ~ ( IV J
Print Name
Commission No.
My commission Expires:
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SCHEDULE OF EXHmITS
EXHIBIT" A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT" A"
LEGAL DESCRIPTION OF THE "PROPERTY"
LOT 11, AND EAST 11 FEET OF LOT 12, FRANK WEBBER ADDITION TO
BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,
FLORIDA, IN PLAT BOOK 9, PAGE 3, AS RECORDED IN OFFICIAL RECORD BOOK
788, PAGE 389, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
PROPERTY CONTROL NO. 08-43-45-21-25-001-0110
17
.
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EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSmILITY
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17
ROB-cSI
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First
Amendment") is made and entered into by MARWAN GHALI
and SUHAIR GHALI, property owners, hereinafter referred to as "Landlord", and PALM
BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the
Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as
"City".
WITNESSETH:
WHEREAS, Landlord is the owner of certain real property in Palm Beach
County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33435,
which property is legally described in Exhibit "A" attached hereto and made a part hereof
(the "Property"); and
WHEREAS, County leases the Property from Landlord pursuant to the Lease
Agreement between Landlord and County and City, dated September 13, 2005 (R2005-
1711) (the "Lease"); and
WHEREAS, the parties desire to amend the Lease to provide for the assignment
of County's rights and obligations under the Lease to City and to release County from all
obligations under the Lease.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
I. The foregoing recitals are true and correct and incorporated herein by reference.
2. Terms not defined herein shall have the same meaning as ascribed to them in the
Lease.
3. The Lease is hereby modified to assign all of County's rights and obligations
under the Lease to City. By execution of this First Amendment, City accepts the
assignment from County and assumes all of County's rights and obligations under
the Lease.
4. The Lease is hereby modified to release County from all obligations under the
Lease. By execution of this First Amendment, Landlord consents to County's
assignment to City of its rights and obligations under the Lease, the assumption
by City of County's rights and obligations under the Lease, and Landlord agrees
that County is hereby released from the Lease and all obligations thereunder.
5. This First Amendment shall become effective upon execution by all parties and
approval by the Palm Beach County Board of County Commissioners.
6. All other terms and conditions of the Lease remain unchanged.
Page 1 of3
IN WITNESS WHEREOF, the Landlord, County, and City have executed this
First Amendment, or have caused the same to be executed, as of the day and year first
written above.
WITNES~: .' LANDLORD: l.
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Witness Signature (as to both) Marwan Ghali --
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Print Witness Name
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Witness Signature (as to both) Suhair Ghali
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Print Witn~ss Name
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ATTEST: COUNTY: JUL 0 8 2(}08
PALM BEACH COUNTY, a U
political subdivision of the State of Florida
BY:__~ ~ J:i ~.-Q._
Addie L. Greene, Chairperson
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
L .../ ~ \
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1 /~L>.Ll"c:'.:::::..i~J.~~-__,.< ___ tLJJ'----____ ~\.Ai-'\ L-l1 l,..'
/:ssistant County Atto~ Audrey Wo f, Direc!or f .
'I ,I ;1 ("'::r, 4 I'acIlltles Development & OperatIOns
/V"tr4.J-i4-'l.tl t::...;;,;;;~~'"
Page 2 of3
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A TrEST: CITY:
CITY OF BOYNTON BEACH
BY~r
u ayor
Signed and delivered
in ~the presence of: \
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-
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
IIlEREBY CERTIFY that on this ~~ day of ~ ~~
before me personally appeared ~cL!"e tj //'l-Y'LP~ ayor, personally known
to me or who produced I as identificatIon and who
did ( ) did not ,,\) take an oath and who executed the foregoing instrument and
acknowledged before me that he executed the same for the purposes therein.
NOTARY POODC-STATE OF FLORIDA JUtJ 1/11 A-t}/&
~ Judith A. Pyle
Co~ssion #DD421091
B ExpIres: APR. 21 2009 Print Name
onded Thru Atlantic Bonding Co.. Ine. Commission No. DD t./-.;l /0 If /
My Commission Expires: f';'I/~7
G:\Property Mgmt Section\Out Lease\Coop Extension SVC\GHALl\ I st Amendment.004.HF app.
071107.FINAL.doc
Page 3 of 3
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EXHIBIT "A"
PROPERTY
FRANK WEBER ADD W 39 FT OF L T 12
(LESS S 20 FT & TRGLR PT RD RlW) BLK 1
R 200 5 1711
SEPU.
RO~-Oq8
********************************************************************************
LEASE AGREEMENT
between
MARW AN GHALI and SUHAIR GHALI
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
O:\Property Mgmt Section\Out Lease\Coop Extension SVC\Lease. City Boynton Beach GbaJj HF Approved Revised 4.25.05.da:
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into , by and
between MARW AN GBALI and SUBAIR GBALI property owners, hereinafter referred to as
"Landlord" of 9333 Laurel Green Drive and 9327 Laurel Green Drive, Boynton Beach, Florida
33437 respectively, whose Social Security Number is 595-32-3143 and 589-14-3622, respectively,
and PALM BEACH COUNTY, FLORIDA, a political subdivision ofthe State of Florida, on behalf
of the Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WIT N E SSE T H:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally
described in Exhibit "A" attached hereto and by reference made a part hereof(the "Property" ); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of
the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-
Area of City Responsibility"), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the purposes
hereinafter defined.
NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the February 5, 2005 (the "Commencement
Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner tenninated
pursuant to the provisions of this Lease. The term of this Lease shall be automatieally renewed for
successive one (1) year periods unless either the County or Landlord provides the other party with
notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the
current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for
any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales
or use tax shall be included or charged with Annual Rent.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establislunent and operation of
the 4-H.Community Garden Program. County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Term of this Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
3
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender ofthe Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property .
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision of this Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by city, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, ifrequired by
such statute. In the event a construction lien is filed against the Premises in connection with any
4
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention ofthe
Director of the Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area ofthe Premises outside the fenced portion of
the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be
responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent
provided in Article XVI below, in the event that City fails to comply with the obligations contained
herein.
Section 5.03 Hazardous Substance Indemnification by Landlord
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist,
Landlord shall promptly remove said substance(s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
5
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County' s personal property placed or moved in the Premises shall be at the risk of the
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S AL TERA TIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty
during the Term of this Lease, or any extension thereof, whereby the same shall be rendered
untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the
parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such
casualty. In the event the County elects to terminate this Lease as provided in this Section, the
Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County
does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly
commence restoration of the Premises and diligently pursue such restoration to completion using
materials of like kind and quality or better. The rental due hereunder relating to the portion of the
Premises render untenable shall be abated from the date of such casualty until completion of such
restoration.
ARTICLE VIII
UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or consumed by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible
and pay for all water charges for water used or consumed in the operation of this Lease.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
6
. ,
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any ofthe agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
7
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's
part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises
for the Term hereby demised and any extensions thereof without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through, or under the
Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
Ifall or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value of their respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
subsequent to the date oftermination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
8
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 Public Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
(provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if telecopier or fax, if
transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or
on a non-business day, or ifmailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The
parties hereby designed the following addresses as the addresses to which notices may be delivered,
and delivery to such addresses shall constitute binding notice given to such party:
9
(a) If to the Landlord at:
Marwan Ghali Suhair Ghali
9333 Laurel Green Drive 9327 Laurel Green Drive
Boynton Beach, FI. 33437-3319 Boynton Beach, FI. 33437
Fax 561- - Fax 561- -
-- --
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544
Fax 561-233-0210
Telephone 561-233-0217
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, FI. 33425-0310
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
10
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws ofthe State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
11
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this docwnent to arrive at a final
Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions ofthis Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
12
City shall be liable for its own actions and negligence and shall indemnify and hold hannless
the County against any actions, claims, or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDF;R OF PAGE INTENTIONALLY LEFT' BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
"
WITNESS: ~ LANDLORD:
..~ ~
~K Gh'
Witness Signature \ As to both
~~0\ G~~( ~'O--A'
~~~ SuhairGhali
Witness Signature As to both
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Print Witness Name
WITNESS:
SHARON R. BOCK, COUNTY:
CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA,
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APPROVED AS TO FORM APPROVED AS TO TERMS AND
AND LEGAL SUFFICIENCY ::~'NM Wo~
Departm t Dire~or
14
ATTEST:
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Ci Clerk
APPROVED AS TO FORM:
~ QJGt lDJlJ;os:
Office of the City Attorney
Signed and delivered
in the presence of:
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Itness Name
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Print Witness Natl}t;
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ST ATE OF FLORIDA
COUNTY OF PALM BEACH
I HERBY CERTIFY that on this ~ ~ day ofTu-ne..- 2005, before me personally
appeared nl:(cF 111'{r~. V,,-e, ~1 ,~r)r , personallv known to me or who produced
as Identification and who did ( ) did not H1ake an oath and who executed
the foregoing instrument and acknowledged before me that he executed the same for the purposes
therein.
._';':t.rc.t.-v-/:: ~./
Notary Public, State of Florida ,
J" {,/J/] ~f C6 t- (.. I IV I
Print Name
Commission No.
My Commission Expires:
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SCHEDULE OF EXHffiITS
EXIDBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHmIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSffiILITY
16
-.
EXHIBIT" A"
LEGAL DESCRIPTION OF THE "PROPERTY"
THE WEST 39' OF LOT 12, LESS SOUTH 20' AND A TRIANGULAR PART FOR ROAD
RIGHT-OF-WAY, BLOCK 1, FRANK WEBBER ADDITION TO BOYNTON, FLORIDA,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED
IN PLAT BOOK 9, PAGE 3 AS RECORDED IN OFFICIAL RECORD BOOK 8303, PAGE
692 OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA.
PROPERTY CONTROL NO. 08-43-45-21-25-001-0121
17
"I \ '.1'" ( f
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EXlDBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSmILITY
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17
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "F irst
Amendment") is made and entered into by JAMES JOHNSON,
JR., property owner, hereinafter referred to as "Landlord", and PALM BEACH
COUNTY, a political subdivision of the State of Florida, on behalf of the Cooperative
Extension Services Department, hereinafter referred to as "County", and the CITY OF
BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Landlord is the owner of certain real. property in Palm Beach
County, Florida, located at 913 North Seacrest Boulevard, Boynton Beach, Florida
33435, which property is legally described in Exhibit "A" attached hereto and made a
part hereof (the "Property"); and
WHEREAS, County leases the Property from Landlord pursuant to the Lease
Agreement between Landlord and County and City, dated September 13, 2005 (R2005-
1712) (the "Lease"); and
WHEREAS, the parties desire to amend the Lease to provide for the assignment
of County's rights and obligations under the Lease to City and to release County from all
obligations under the Lease.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Terms not defined herein shall have the same meaning as ascribed to them in the
Lease.
3. The Lease is hereby modified to assign all of County's rights and obligations
under the Lease to City. By execution of this First Amendment, City accepts the
assignment from County and assumes all of County's rights and obligations under
the Lease.
4. The Lease is hereby modified to release County from all obligations under the
Lease. By execution of this First Amendment, Landlord consents to County's
assignment to City of its rights and obligations under the Lease, the assumption
by City of County's rights and obligations under the Lease, and Landlord agrees
that County is hereby released from the Lease and all obligations thereunder.
5. This First Amendment shall become effective upon execution by all parties and
approval by the Palm Beach County Board of County Commissioners.
6. All other terms and conditions of the Lease remain unchanged.
Page ] of 3
.
IN WITNESS WHEREOF, the Landlord, County, and City have executed this
First Amendment, or have caused the same to be executed, as of the day and year first
written above.
WITNESS: LANDLORD:
Witness Signature James Johnson, Jr.
Print Witness Name
Witness Signature
Print Witness Name
ATTEST: COUNTY:
PALM BEACH COUNTY, a
political subdivision of the State of Florida
SHARON R. BOCK
CLERK & COMPTROLLER
By: By:
Deputy Clerk Addie L. Greene, Chairperson
APPROVED AS TO FORM APPROVED AS TO TERMS
AND LEGAL SUFFICIENCY AND CONDITIONS
Assistant County Attorney Audrey Wolf, Director
Facilities Development & Operations
Page 2 of3
ATTEST: CITY:
CITY OF BOYNTON BEACH
~~t 'tYl P~_tfJ By: Hi!~'~Fd!iJ~O'O
APPROVED AS TO FORM:
Office of the City Attorney
(City Seal)
Signed and delivered
in the presence of:
Witness Name
Print Witness Name
Witness Name
Print Witness Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day of ,2007,
before me personally appeared , Mayor, personally known
to me or who produced as identification and who
did ( ) did not ( ) take an oath and who executed the foregoing instrument and
acknowledged before me that he executed the same for the purposes therein.
Notary Public, State of Florida
Print Name
Commission No.
My Commission Expires:
G:\Property Mgmt Section\Out Lease\Coop Extension SYC\JOHNSON\ 1st Amendment.002.HF
app.071107.FINAL.doc
Page 3 of3
EXHIBIT "A"
PROPERTY
BOYNTON HILLS LTS 132 & 135 TO 138 INe BLK D
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********************************************************************************
,
LEASE AGREEMENT
between
JAMES JOHNSON, JR.
(Landlord)
and
PALM BEACH COUNTY, FLORIDA
(County)
and
THE CITY OF BOYNTON BEACH
(City)
******************************************************************************
O~~_\OoI~_SV~0Iy~__IlI'AppunIl_4.2J,05.cIlo:
,
R2005 !712
LEASE AGREEMENT
mlS LEASE AGREEMENT, made and entered into &13. , by and
between JAMES JOHNSON, JR. property owner, hereinafter referred to as "Landlord" of533 NW
13th Avenue, Boynton Beach, Florida 33435-3067,
and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf
of the Cooperative Extension Services Department, hereinafter referred to as "County", and the
CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City".
WIT N E SSE T B:
WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida,
located at 913 North Seacrest Boulev~ Boynton Beach, Florida 33435, which property is legally
described in Exhibit" A n attached hereto and by reference made a part hereof (the "Property"); and
WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose
of developing community gardens through County's 4-H Youth Development Program; and
WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas
of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property
Sketch-Area of City Responsibility), leased by Landlord to the County; and
WHEREAS, Landlord is willing to lease the Property to the County for the pmposes
hereinafter defined.
NOW THEREFORE, in consideration ofthe rents, covenants, and agreements hereinafter
reserved and contained on the part of the County and City to be observed and performed, the
Landlord demises and leases to County, and the County rents from Landlord the Property upon the
following terms and conditions:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
The Premises subject to this Lease shall consist of the Property together with any
improvements now existing or constructed hereinafter thereon.
2
Section 1.02 Length of Term and Commencement Date.
The term of this Lease shall commence on the March 11,2005 (the "Commencement Date"),
and shall extend for a period of one (I) year thereafter (the "Term"), unless sooner terminated
pursuant to the provisions of this Lease. The term ofthis Lease shall be automatically renewed for
successive one (I) year periods unless either the County or Landlord provides the other party with
notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the
current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for
any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligations hereunder.
ARTICLE II
RENT
Section 2.01 Annual Rent.
County shall pay Landlord for the use and occupancy of the Premises an annual gross rental
of One Dollar($I.OO). This Lease is intended to be a "gross" lease and County's obligations
hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to
the Landlord at the address specified in Section 15.04 herein.
Section 2.02 Payment.
County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use
tax shall be included or charged with Annual Rent..
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY
Section 3.01 Use of Premises.
The Premises shall be used for the establishment and operation of
the 4-H Community Garden Program. County shall not use, permit, or suffer the use of the Premises
for any other purpose whatsoever without the prior written consent of Landlord which consent shall
not be unreasonably withheld. County's obligations under this Lease are contingent upon such use
of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting
the Premises.
Section 3.02 Conduct.
County shall not commit waste upon the Premises, nor maintain, commit, or permit the
maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose.
County acknowledges that its employees and the Premises shall, throughout the Tenn of this Lease,
be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations
respecting the use and occupancy of the Premises, provided County shall not be required to make
alterations, additions, or improvements to the Premises in order to conform therewith.
3
Section 3.03 Hazardous Substances.
County shall comply with all applicable Federal, State and local laws, regulations and
ordinances protecting the environment and natural resources and regulating hazardous substances.
Section 3.04 Surrender of Premises.
Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and
expense, shall remove County's personal property and removable fixtures and equipment from the
Premises, and shall surrender the Premises to the Landlord. Upon surrender of the Premises, title to
any Alterations shall vest in Landlord.
ARTICLE IV
ALTERATION OF LEASED PREMISES
Section 4.01 Landlord's Work.
Landlord shall not be obligated or required to perform any improvements whatsoever to the
Property.
Section 4.02
(a)(I) County's Work.
County shall be entitled to make alterations, improvements, or additions to the Premises
consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at
its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on
the Premises by County, whether pursuant to this Section or otherwise, shall be performed and
accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord,
such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done
by County in connection with any Alterations, repairs, and maintenance on the Premises shall be
done in a good and workmanlike manner.
(a)(2) City's Work.
City shall be entitled to make Alterations with respect to the installation of irrigation and
irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all
City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise,
shall be performed and accomplished solely for the benefit and convenience of City, and not for the
benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this
Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on
the Premises shall be done in a good and workmanlike manner.
Landlord shall not be liable for accidents caused by said improvements or accidents caused
by increased activity on the Premises due to the Community Garden Program.
4
(b) Construction Liens.
Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter
713, Part I, in the construction of any improvements to the Premises and shall obtain a public
construction performance bond in accordance with Florida Statutes section 255.05, ifrequired by
such statute. In the event a construction lien is filed against the Premises in connection with any
work performed by or on behalf of the Landlord or County, the party performing such work shall
promptly cause such lien to be removed from the Premises.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of County.
County shall, at all times during the Term of this Lease, and at its own cost and expense,
repair, replace and maintain in a good, safe and substantial condition, all improvements on the land
including any fence that County may install which may surround the Premises and any
improvements, additions, and alterations to the Premises, and County shall use all reasonable
precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler
heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is
responsible for the cost of the replacement heads. In the event that the City incurs costs for the
replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the
Director of the Cooperative Extension Service at the address set forth in Section 15.04(b).
Section 5.02 Responsibility of the City of Boynton Beach.
City shall be responsible for and shall maintain the area of the Premises of the garden as
depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the
irrigation ofthe entire Premises. City shall indemnify County, to the extent provided in Article XVI
below, in the event that City fails to comply with the obligations contained herein.
Section 5.03 Hazardous Substance Indemnification by Landlord.
Landlord hereby represents and warrants to County that there is not located in, on, upon,
over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii)
polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited,
limited, or regulated by federal, state, county, regional, or local authority. Ifsaid substance(s) exist,
Landlord shall promptly remove said substance(s) at Landlord's sole cost and expense. County shall
be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's
own furniture, fixtures, office machines, and equipment.
ARTICLE VI
INSURANCE
Section 6.01 Liability Insurance.
County shall, during the entire Term hereof, provide Landlord with a certificate evidencing
self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand
5
Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or
occurrence and Workers' Compensation insurance covering all employees in accordance with
Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by
Statute above or below the sums insured against, the County shall provide insurance to the extent of
that exposure.
Section 6.02 Personal Property.
All of County's personal property placed or moved in the Premises shall be at the risk ofthe
County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for
any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its
employees' willful or negligent acts or omissions.
ARTICLE VII
DAMAGE OR DESTRUCTION OF PREMISES AND/OR
COUNTY'S AL TERA TIONS
In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty
during the Term of this Lease, or any extension thereof, whereby the same shall be rendered
untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the
parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such
casualty. In the event the County elects to terminate this Lease as provided in this Section, the
Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County
does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly
commence restoration of the Premises and diligently pursue such restoration to completion using
materials oflike kind and quality or better. The rental due hereunder relating to the portion of the
Premises render untenable shall be abated from the date of such casualty until completion of such
restoration.
ARTICLE VIII
UTILITIES AND SERVICES
Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at
Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been
paid in full at the commencement of this Lease. County shall be solely responsible for and promptly
pay directly to the utility company or the provider of such service all charges or assessments for gas,
electricity, trash collection and removal and any other utility used or conswned by County. Landlord
shall not be liable for an interruption or failure in the supply of such service to the Premises resulting
from a failure of the utility company to provide service to the Premises. City shall be responsible
and pay for all water charges for water used or consumed in the operation of this Lease.
6
ARTICLE IX
ASSIGNMENT AND SUBLETTING
County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor
sublet all or any portion ofthe Premises, without Landlord's prior written consent, which shall not be
unreasonably withheld. In the event of an approved assignment, County shall be released from any
further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by
Landlord shall be subject to the terms of this Lease Agreement.
ARTICLE X
DEFAULT
Section 10.01 Default by County.
The occurrence of anyone or more of the following shall constitute an Event of Default by
County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (IS) days after
receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements,
covenants, or conditions contained in this Lease on County's part to be performed or observed for
more than thirty (30) days after notice from Landlord of such failure; (Hi) County's vacating or
abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or
process of law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Landlord shall have the right to give County notice that Landlord intends to
terminate this Lease upon a specified date not less than thirty (30) days after the date notice is
received by County, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured
within such period or within a reasonable period thereafter if the same cannot be cured within such
period and County undertake such cure within such period and the Landlord is so notified, this Lease
will continue.
Section 10.02 Default by Landlord.
Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any
term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and
the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event
the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day
period, Landlord shall be entitled to a reasonable period oftime under the circumstances in which to
cure said default, provided that Landlord diligently proceeds with the curing of the default. In the
event that the default is not cured by Landlord within the foregoing time period, County, at County's
option, may either cure said default and Landlord shall reimburse County for all expenses incurred
by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that
the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty
(30) day period, this Lease and all obligations of County hereunder shall terminate and County shall
thereupon be relieved of all further obligations hereunder.
7
ARTICLE XI
ACCESS BY LANDLORD
Landlord and Landlord's agents and employees shall have the right to enter upon the Premises
at all reasonable times to examine the same, and to make any repairs which may be required or
permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice
prior to exercising such right except in an emergency in which event no notice shall be required and
shall exercise such right in a manner which minimizes the impact upon County's use of the Premises.
ARTICLE XII
ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County hereunder are subject to and contingent upon
annual budgetary funding by the Board of County Commissioners of Palm Beach County.
Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this
Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the
parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder
are subject to and contingent upon annual budgetary funding by the City of Boynton Beach
Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary
reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be
relieved of all further obligations hereunder arising subsequent to such termination.
ARTICLE XIII
QUIET ENJOYMENT
Upon the observance and performance of all the covenants, terms, and conditions on County's
part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises
for the Term hereby demised and any extensions thereof without hindrance or interruption by
Landlord or any other person or persons lawfully or equitably claiming by, through, or under the
Landlord, subject, nevertheless, to the terms and conditions of this Lease.
ARTICLE XIV
CONDEMNATION
If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in
lieu of condemnation for public or quasi public use, the entire compensation or award therefore,
including any severance damages, shall be apportioned between Landlord and County in proportion
to the value oftheir respective interests and the rent shall be recalculated effective upon the date of
vesting of title in the condemning authority to reflect the reduction in the Premises. County shall
also be entitled to receive compensation for the value of any Alterations or other improvements made
by County to the Premises and moving expenses. In addition, County may elect to terminate this
Lease in which event this Lease shall terminate effective as of the date title is vested in the
condemning authority, whereupon the parties shall be relieved of all further obligations occurring
8
subsequent to the date oftennination other then those relating to apportionment of the compensation
for such condemnation. In the event the County elects to terminate this Lease as provided in this
Article, the Rent payable hereunder shall be prorated to the date of termination. County will be
allowed not less than sixty (60) days notice to remove its property from the Premises.
ARTICLE XV
MISCELLANEOUS
Section 15.01 Waiver, Accord and Satisfaction.
The waiver by Landlord of any default of any term, condition, or covenant herein contained
shall not be a waiver of such tenn, condition, or covenant, or any subsequent default of the same or
any other term, condition, or covenant herein contained. The consent or approval by Landlord to or
of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render
unnecessary Landlord's consent to or approval of any subsequent similar act by County.
Section 15.02 PubUc Entity Crimes.
As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord
nor employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease. This certification
is required pursuant to Florida Statues 287.133 (3)(a).
Section 15.03 Entire Agreement.
This Lease and any Exhibits attached hereto constitute all agreements, conditions, and
understandings between Landlord and County concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided,
no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or
County unless reduced to writing and signed by them.
Section 15.04 Notices.
9
All notices, consents, approvals, and elections (collectively, "notices") to be given or
delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving
such notice) hand delivered by messenger, courier service, or national overnight delivery service
(provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by
United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall
be the date of delivery of the notice ifby personal delivery, courier services, or national overnight
delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if
transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or
on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The
parties hereby designed the following addresses as the addresses to which notices may be delivered,
and delivery to such addresses shall constitute binding notice given to such party:
(a) If to the Landlord at:
James Johnson, Jr.
533 N. W. 13th Avenue
Boynton Beach, Fl. 33435-3067
Fax 561- -
--
(b) If to the County at:
Palm Beach County
Cooperative Extension Service
559 North Military Trail
West Palm Beach, Florida 33415
Attn: Audrey Norman
Fax 561-233-1761
with a copy to:
Property and Real Estate Management Division
Attn: Director
3200 Belvedere Road, Building 1169
West Palm Beach, FL 33406-1544-
Fax 561-233-0210
Telephone 561-233-0217
10
(c) If to the City at:
City of Boynton Beach
100 E Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Fl. 33425-0310
Attn.: Dan DeCarlo, Director of Development
Fax 561-742-6285
Any party may from time to time change the address to which notice under this Lease
shall be given such party, upon three (3) days prior written notice to the other parties.
Section 15.05 Brokers' Commission.
Each of the parties represents and warrants to the other that they have not dealt with any real
estate salesperson, agent, finder, or broker in connection with this Lease.
Section 15.06 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall to
any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to
persons or circumstances other than those as to which it is invalid or unenforceable, shall not be
affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent
permitted by law.
Section 15.07 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 15.08 Recording.
County shall be entitled to record this Lease or a Memorandum of Lease in the public records
of Palm Beach County for the purpose of providing public notice of County's interest in the
Premises.
Section 15.09 Waiver of Jury Trial.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH
PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO
AGAINST THE OTHER IN CONNECTION WITH THIS LEASE.
Section 15.10 Governing Law and Venue.
This Lease shall be governed by and interpreted according to the laws of the State of Florida
and venue shall be in a state court of competent jurisdiction in Palm Beach County.
11
Section 15.11 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
Section 15.12 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal
representatives, and assigns of the parties hereto.
Section 15.13 Radon.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from County's public health unit.
Section 15.14 Non-Exclusivity of Remedies.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
Section 15.15 Non-Discrimination.
The parties agree that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or
be subjected to any form of discrimination under any activity carried out by the performance of this
Agreement.
Section 15.16 Construction.
No party shall be considered the author of this Agreement since the parties hereto have
participated in extensive negotiations and drafting and redrafting of this document to arrive at a final
Agreement. Thus, the tenns of this Agreement shall not be strictly construed against one party as
opposed to the other party based upon who drafted it. In the event that any section, paragraph,
sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such
shall not effect the remaining portions of this Agreement and the same shall remain in full force and
effect.
Section 15.17 Incorporation by References.
Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this
Agreement by reference.
12
Section 15.18 Effective Date of Agreement.
This Agreement is expressly contingent upon the approval of the Palm Beach County Board
of County Commissioners, and shall become effective only when signed by all parties and approved
by the Palm Beach County Board of County Commissioners.
ARTICLE XVI
INDEMNITY
Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the
City, their agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind and character, including attorney's
fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of
Landlord.
County acknowledges the waiver of sovereign immunity for liability in tort contained in
Florida Statutes Section 768.28 and acknowledges that such statute pennits actions at law against the
County to recover damages in tort for money damages up to the amounts set forth in such statute for
injury or loss of property, personal injury, or death caused by the negligence or wrongful act or
omission of an employee of County while acting within the scope of the employee's office or
employment under such circumstances in which the County, if a private person, would be liable
under the general laws of this State.
City shall be liable for its own actions and negligence and shall indemnify and hold harmless
the County against any actions, claims or damages arising out of City's negligent, willful or
intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County
for County's negligence, willful, or intentional acts or omissions.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
13
IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or
have caused the same to be executed, as of the day and year first above written.
WITNESS:
.~ C~"a Q...,
Witness Signature
. ~ 0-..-<,- ....., \ C --s:J e C~\. 0
Print Witness Name
1:2lcu~~ !Uk )~frLS
ItnesS Sign if:.!.
/11~f~ k) A:.-h~
Print Wi ess Name
WITNESS:
SHARON R. BOCK, COUNTY:
CLERK & COMPTROLLER PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State
of Florida
..
~13.
APPROVED AS TO FORM APPROVED AS TO TERMS AND
AND LEGAL SUFFICIENCY CONDmONS
By. ~' -- BY.iZ\- ~W6~
AsSistan C ty Attorney Department . rector \
14
ATTEST:
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STATE OF FLORIDA
COUNTY OF PALM BEACH
ffJ-- .-r-
I HERBY CERTIFY that on this ~ day of 0 k ~ 2005, before me personally
appeared JW-ldC /11c-{'yt\.1I1 'I:~. +!.. ,Me<(': r , ~na1ly known to me or who produced
as identification and who did ( ) did not (..ftake an oath and who executed
the foregoing instrument and acknowledged before that he executed the same for the purposes
therein.
~~ c.~~ Co,pgu' /
Notary Public, State of Florida ~
. rV:.r /1-/1/ C /) u: (IV.J'"
Print Name
Commission No.
My Commission Expires:
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. . EIlI*W ~12001
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SCHEDULE OF EXHIBITS
EXHIBIT" A" - LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY
RESPONSIBILITY
16
EXHIBIT "A"
LEGAL DESCRIPTION OF THE "PROPERTY"
LOTS 132,133 AND 134, LESS 20' RETURN CURVE AREA ROAD RIGHT -OF- WAY, AND
135 TO 138 INC., BLOCK D, ACCORDING TO THE PLAT THEREOF ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PAGE 51, AS RECORDED IN
OFFICIAL RECORD BOOK 9173, PAGE 195, OF THE RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LESS LOTS 133 AND 134.
PROPERTY CONTROL NO. 08-43-45-21-07-004-1320
17
EXHIBIT "B"
PROPERTY SKETCH-AREA OF CITY RESPONSWILITY
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GARDeN
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO: Thelma Lyons
Neighborhood Services
FROM: Janet M. Prainito
City Clerk
DATE: April 23, 2008
SUBJECT: R08-0S1 First Amendment to Lease Agreement
Attached for your handling are two (2) the partially executed agreements and a copy of
the Resolution.
Also attached is one (1) agreement (James Johnson, Jr.) that is to be dissolved,
therefore execution of this agreement is not necessary.
Once the two (2) agreements have been fully executed, please return the original
documents to the City Clerk/s Office for Central File.
Thank you.
~YYl.~;h
Attachments (4)
C: Central File & Followup
S:\CC\WP\AFTER COMMISSJON\Departmental Transmittals\2008\Thelma Lyons R08--QS1.doc
America's Gateway to the Gulfstream
Via Certified Mail, Return Receipt
#7007 1490 0000 5460 4252
Facilities Development & July 15,2008
Operations Department
Property &. Real Estate
Management Division Marwan Ghali
263:5 Visr.:" ! ':'ri\V~'~" Suhair Ghali
\rVest Patnl Beach :::-~.~: 3-11 t ~J,-IU:-, 9333 Laurel Green Drive
(561) 233-G2no Boynton Beach, FL 33437
FAX (561\ 2~:~,-O=:(O
wwW.pbCgD\. c.:)m.lfdD
RE: First Amendment to Lease Agreement, R2005-1711, dated
\I: September 13, 2005, between Marwan Ghali and Suhair
Ghali, Palm Beach County, Florida and The City of
Boynton Beach
Palm Beach County
Board of County
Commissione~
Dear Sirs:
Addie L. Gr!'-~ene, Char:-tJ~;r.sO:-l
Jeff hoons, '/~c,--, Ch;nr Enclosed for your records, please find Agenda Item 3H-I0 and a
hare:~! T ~,<!:. ~,~: certified copy of the First Amendment, R2008-1180, to the Lease
Robert J. l~<,njian Agreement referenced above.
Mary t\;ic( ri.:-ry Please do not hesitate to contact me at (561) 233-0231 should you have
Rurr ,~-',arClr!~.;, Jr' any questions.
.less L. ~ ,:.::.n~::-:..r""",~iTl;:-
Sincerely,
-~.
........ .--
...' '-'~-
Coun~' hctm;~n.~_st~tor-
R'~h::;- , , . l~:[' Martha La V erghetta
Property Specialist
Enclosures
O:1n E-jual "-~ll!"-"~U"i Richard C. Bogatin, Property Management Manager, PREM
,"'rf/1rm,1tn ~' -1. ,. , " cc:
L'';; '-I.'
Thelma Lyons, Neighborhood Services, City of Boynton Beach
G:IProperty Mgmt SectionlOut LeaselCoop Extension SVCIGHALlILener.AmendPackage.071508.doc
~~ . rl , -.-'''~ M'W
D6-> prtnte..., or, r~-,,~l.,L.(; .....Q~)._.
Via Certified Mail, Return Receipt
#7007 1490000054604245
Facilities Development ill July 15, 2008
Operations Department
Property ill Real Estate Ms. Thelma Lyons
Management Division Neighborhood Services
2633 Vista Parkway The City of Boynton Beach
West Palm Beach. FL .33411-561)5 100 East Boynton Beach Boulevard
(561) 233-0200 Boynton Beach, FL 33435
FAX (561) 233-0210
wwwpbcgov com/fdo
RE: Community Garden Lease Agreements
.
Dear Ms. Lyons:
Palm Beach County
Board of County Enclosed for your records, please find Agenda Item 3H-l 0 along
Commissioners with the i) First Amendment, R2008-1180, to the Lease Agreement
I\ddie L. Greene. Ch:l1rperson between Marwan Ghali and Suhair Ghali. Palm Beach County, and
jeff Koons. Vice Chaa the City of Boynton Beach, ii) First Amendment, R2008-1181, to the
Karen T MarcLls Lease Agreement between Blanche H. Girtman, Palm Beach County,
and the City of Boynton Beach, and iii) Notice of Cancellation,
Robertj Kanjlan R2008-1182, for the Lease Agreement between James Johnson, Jr.,
Mary McCartv Palm Beach County, and the City of Boynton Beach.
Burt Aaronson
jess f{ San!.1Ir",na Please do not hesitate to contact me at (5'61) 233-0231 should you have
any questions.
Sincerely,
County Administrator '. (.
(( / ~7' -.
~. " k - ",></'.'...., !.-{ ,) ..
- .._ ,. '...'" 1..... .....
Robert Welsman Martha La V erghetta
Property Specialist
Enclosures
'/In Equal Opportuni(v cc: Audrey Norman, County Extension Director, Cooperative
Affirmative Actkm Emplover" Extension Service
Richard C. Bogatin, Property Management Manager, PREM
@ printed on recycled paper G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Letter.AmendPackageToCity.071508doc
Via Certified Mail, Return Receipt
#7007 1490000054604238
Facilities Development & July 15, 2008
Operations Department
Property & Real Estate
Management Division Ms. Blanche H. Girtman
2633 Vista ;'arkv,,'ay 912 NW 3rd Street
West Palm Beach. FL 3,;",1 c,,',):' P.O. Box 1552
(561) 233~02uO Boynton Beach, FL 33425
FAX. (561) :233-(;210
www.pbcgov.conl/fd0
RE: First Amendment to Lease Agreement, R2005-1713, dated
III September 13, 2005, between Blanche H. Girtman, Palm
Beach County, Florida and The City of Boynton Beach
Palm Beach County
Board of County Dear Ms. Girtman:
Commissioners
Addie L Greene, Chairperson Enclosed for your records, please find Agenda Item 3H-I0 and a
Jeff Koons \'lce Ch;;.ir certified copy of the First Amendment, R2008-1181, to the Lease
I<aren T :~v13.rc:u~ Agreement referenced above.
Robert J Kanjian
Mary McCany Please do not hesitate to contact me at (561) 233-0231 should you have
any questions.
Burt /\arons( ,n
Jess g. S~iI1Larr.arj;1 Sincerely,
f
\ "{ !
,_,..1 I .' . ,. ;....~
~.-. ,:II" ----
County Llidminist:raz".or Martha La V erghetta
Roberr V/-:::;!sn~an Property Specialist
Enclosures
cc: Richard C. Bogatin. Property Management Manager, PREM
"An Equal Dr170!-;U.>,,',T Thelma Lyons, Neighborhood Services, City of Boynton Beach
/!/ffryna!ll/E ,'L~t!O~: r;:>n~)Ii~~J,-.'
G'\Property Mgmt Seclion\Out Lease\Coop ExtensIOn SVC\GIRTMAN\Lelter AmendPackage.071508doc
@ printed on ree;vcied DeWP'
Facilities Development &
Operations Department
Property & Real Estate June 17, 2008 Certified Mail
Management Division Return Receipt Requested
2633 Vista Parkway
West Palm Beach. FL 33411-5605
(561) 233-0200 James Johnson, Jr.
I'"'AX (561) 233-0210 533 N.W. 13th Avenue
www pbcgov comlfdo Boynton Beach, FL 33435-3067
. and
City of Boynton Beach
Palm Beach County 100 East Boynton Beach Blvd.
Board of County PO Box 310
Commissioners Boynton Beach, Florida 33425-0310
Addie L Greene. Chairperson Attn: Dan DeCarlo, Director of Development
Jeff Koons. Vice ChaIr
Karen T. 'VIarcus
Re: Notice of Cancellation of Lease Agreement
Robert J Kanjlan R2008. 11 82
Mary McCarty Gentlemen: JUL 0 8 2008
Burt t\aronson
Jess R Santarnana Pursuant to Section 1.02 of the Lease Agreement (R2005-1712) dated
September 13. 2005 between James Johnson, Jr. ("Landlord"), Palm
Beach County ("County"), and the City of Boynton Beach ("City").
County hereby provides Landlord with sixty (60) days written notice of
County Administrator County's cancellation of the Lease. Upon expiration of the sixty (60) day
notice period, the Lease shall terminate (the "Lease Termination").
Robert Weisman
Please direct any questions concerning this matter to Nick Lambiase, Jr..
Property Specialist. who may be reached at (561) 233-0237 or bye-mail
at nlambiase1upbcgov.com.
"An l:qua{ Opportunity
A.ffinnative Action Emp{oyer"
@ printed on recycled paper
. ,
June 17,2008
Notice of Cancellation of Lease Agreement
Page 2
ATTEST: R2008. 11 82 ,fUL 0 8 2008
SHARON R. BOCIS.$".........~'y"'C\\\\\,II,p ALM BEACH COUNTY, a political
CLERK & cOM~~i~;[ER..p~l~lbdivision of the State of Florida
if C)..' ~ BEA ../I'l
~ . c~ .tJ>/.
;; . 11" y . "
~ . '.(fJ:~
By: ~': ~ .@Ja~AL ~tfAf~
Deputy Cler III ;;,....... ......<~ Addie L. Greene, Chairperson
'11 O{J ......-.. ~.:-
'111\ * ~
\ \\ \\, ""'" "",...:.:::--;
APPROVED AS TO FORM APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
cc: Thelma Lyons, Neighborhood Services, City of Boynton Beach
Howard J. Falcon, Assistant County Attorney
U: \Property Mgmt Section\Out Lease\Coop Extension S V C\JOHNSON\Cancellation\Nol1ce uf Lease
Cancellation002.HF app.050608 doc x
Via Certified Mail, Return Receipt
#7007 1490000054604214
Facilities Development &.
Operations Department July 15,2008
Property & Real Estate
Management Dh;isio:1
2633 Vista Parinv(1\
West Palm Beac.h. Fl_ ",:=-;..1" I :;t~(lE', Mr. James Johnson, Jr.
th
(561} ~C)-O~'O( 533 NW 13 Avenue
FA..X: (561) 2)~"-G::jU Boynton Beach, FL 33435
www.phcgov.COin/fd.o
RE: Notice of Cancellation of Lease Agreement, R2005-1712,
II dated September 13,2005, between James Johnson, Jr.,
Palm Beach County, Florida and The City of Boynton
Beach
Palm Beach Cm.nlq'
Board of Co".nty
Commissioners
Addie L Greene Ch.~~rp":":;~~~. Dear Mr. Johnson:
Jeff Koons Viet: i~h;l1: Enclosed for your records, please find Agenda Item 3H-1 0 along
Karen T '\!;;~~'~'~1, with the Notice of Cancellation, R2008-1182, for the Lease
Robert J 1'",;1 Dan Agreement referenced above.
Mary McCarT:!
Burl Aar()r',~~(Jn Please do not hesitate to contact me at (561) 233-0231 should you have
any questions.
JessH S;ini.;~_n',2>-~;
Sincerely,
"-_ /1 /
, ('Ii I: , (--....l~U'-) U~iC.:::
County Act::,:;:,: ~;;-iistr,-:c:~J!' r i;.!'
\.j \::...'
'- .~
Reo",,-, , ., Martha La Verghetta
Property Specialist
Enclosures
':-fnEq,,'a/ .':'. g:e-',:'.
/1[f;:-m.1t".',.' .; 'l'!) Richard C. Bogatin, Property Management Manager, PREM
cc:
Thelma Lyons, Neighborhood Services, City of Boynton Beach
@ prirn8a (Y rc,-v,'.',.-c, :',,:.'1:" (j:IProperty Mgmt SectionlOut Lease\Coop Extension SVC\fOH:'-ISONICancellationlLetter.AmendPackage.071508.doc
Facilities Development &
Operations Department
Property &. Real Estate June 17, 2008 Certified Mail
Management Division Return Receipt Requested
2033 Vlsta Parkway
West Palm Beach. FL 334i 1-5005
(561) 231-0200 James Johnson, Jr.
FAX (Soil 233-0210 533 N.W. 13th Avenue
wwwpbcgov.com/fdo Boynton Beach, FL 33435-3067
.. and
City of Boynton Beach
Palm Beach County 100 East Boynton Beach Blvd.
Board of County PO Box 310
Commissioners Boynton Beach, Florida 33425-0310
Addie L. Greene. Chairperson Attn: Dan DeCarlo, Director of Development
Jeff Koons. Vice Chair I
E:ireL T. flJarcus
I Re: Notice of Cancellation of Lease Agreement
Robert J. Kanjian R2008r.1182
Mary McCmy Gentlemen:
Rurt Aaronson JUl 0 8 2008
Jess F\.. ~-;.J.ntzmaria Pursuant to Section 1.02 of the Lease Agreement (R2005-1712) dated
September 13, 2005 between James Johnson, Jr. ("Landlord"), Palm
Beach County ("County"), and the City of Boynton Beach ("City"),
County hereby provides Landlord with sixty (60) days written notice of
County .A.o.minist!"awr County's cancellation of the Lease. Upon expiration of the sixty (60) day
notice period, the Lease shall terminate (the "Lease Termination").
Roben Vv'cisrna:l
Please direct any questions concerning this matter to Nick Lambiase, Jr..
Property Specialist, who may be reached at (561) 233-0237 or bye-mail
at nlambiase(m,pbcgov. com.
h.-'jnf:C!lJa/ (l}'lY'},>>t7HilZl'
/J;:?~.>~!::!t;'-"'~ "'::::/70,1" L'!;>}[.l.'o}'e;""
.', . .
-4;';> pnrifS;" on re;'":vc:l~c' papet
June 17, 2008
Notice of Cancellation of Lease Agreement
Page 2
ATTEST: R2008 11 82 JUl 0 8 2008
SHARON R. BOCK.""",,,,,\\\. PALM BEACH COUNTY, a political
.................. \\\\\ -
CLERK & CO~~~U8;)ii\ subdivision of the State of Florida
.: () ..' '..:;t.../,:
3' /I Bo- ..~'I;,
.... i..4.. ,. c:~ .~,. '~I
. '(f)'/ ~
By: )w~y:Q d tIl~ ~ ~
eputy CI\ '., FLORiD'" ....J}j Addie L. Greene, ChaIrperson
'I '. ,'I't.~
"1 0 ...... ......--6?
IIII,l9 '..-." S_,::=-
'~\\\ * ,.....'-......-.:::.-
,\\\\\'\""".......
APPROVED AS TO FORM APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
By:
SiS~~
cc: Thelma Lyons, Neighborhood Services, City of Boynton Beach
Howard J. Falcon. Assistant County Attorney
(i IProperty Mgmt Section lOut Lease\Coop Extension S V C\J OHN SONlCan,ellation \Notlce of Lease
Cancellation002.HF app 050608.doo.
Agenda Item #:31-1- / tJ
, '"!
PALM BEACH COUNTY ," I,
','
i
BOARD OF COUNTY COMMISSIONERS,
AGENDA ITEM SUMMARY
Meeting Date: July 8, 2008 [Xl Consent [ 1 Regular
[ 1 Ordinance [ 1 Pub~ic Hearing
Department: Facilities Development & Operations '~~.) .'
'{ ,
.J h
I. EXECUTIVE BRIEF
Motion and Title: Staff recommends motion to approve:
A) a First Amendment to Lease Agreement with Marwan and Suhair Ghali and the City of Boynton Beach
(R2005-171l); .., I ~~ t+'
B) a First Amendment to Lease Agreement WIth Blanche H. GIrtman and the CIty of Boynton (R2005-
1713); and
C) a Notice of Cancellation of Lease Agreement with James Johnson, Jr. and the City of Boynton Beach
(R2005-1712).
Summary: The County, on behalf of the Cooperative Extension Service Department, entered into separate
Lease Agreements with the City of Boynton Beach and (i) Marwan and Suhair Ghali, (ii) Blanche H.
Girtman, and (iii) James Johnson, Jr. The properties are located near the intersection of Martin Luther
King, Jr. Boulevard and Seacrest Boulevard in Boynton Beach and are used in the operation of Cooperative
Extension's 4-H community garden program. The First Amendments provide for the assignment of the
County's rights and obligations under the Lease Agreements to the City of Boynton Beach and releases the
County from all further obligations under the Lease Agreements. The Notice of Cancellation provides for
the (i) cancellation of the Lease Agreement effective sixty (60) days after receipt of notice, and (ii)
County's release from all obligations under the Lease Agreement. The loss of funding from the 4-H
program for these community gardens has resulted in the County discontinuing the program in Boynton
Beach. (PREM) District 7 (HJF)
Background and Justification: The Cooperative Extension Service Department's 4-H Program was
involved in developing community gardens in inner cities and other areas. The County leased the three (3)
properties for use as community gardens so the County's 4-H program participants could use the garden
plots. The City of Boynton Beach has been providing irrigation services and maintenance to the property
outside of the fenced garden areas. Property owners Ghali and Girtman signed the First Amendment
accepting the terms. Property owner James Johnson, Jr. wants to cancel the Lease Agreement. The First
Amendments and the Notice of Cancellation provide for the County's release from all obligations and rights
under the Lease Agreements. The term of the Lease Agreements was for one (1) year, effective February 5,
2005, with automatic annual renewals commencing February 5, 2006. The term of the Lease Agreement
with Johnson was for one (1) year, effective March 11, 2005, with automatic annual renewals commencing
March 11, 2006. The rental rate for the Leases is $1 per year.
Attachments:
1. Location Map
2. First Amendment to Lease Agreement (Ghali)
3. First Amendment to Lease Agreement (Girtman)
4. Notice of Cancellation of Lease Agreement
Recommended By: ""\
Approved By:
II. FISCAL IMP ACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2008 2009 2010 2011 2012
Capital Expenditures
Operating Costs
External Revenues
Program Income (County)
In-Kind Match (County)
NET FISCAL IMP ACT - 0-
# ADDITIONAL FTE
POSITIONS (Cumulative)
Is Item Included in Current Budget: Yes No
Budget Account No: Fund Dept Unit Object
Program
B. Recommended Sources of Funds/Summary of Fiscal Impact:
No Fiscal Impact.
C. Departmental Fiscal Review:
III. REVIEW COMMENTS
A. OFMB Fiscal and/or Contract Development Comments:
I :} i
" I , '" '7' I, ,"~
()dw:z.! .lit-Ii, f.,::it) -of (I- .f'\-' , ....4t~;~\-f" / F<r
,
OFMB , a::. L~ 1'< Contract Develo~y~ /rol
~ ~ ," (l\~ ,~. (phI; l>'b
iPl3Dldl /1'1>+~ --.L. /1,.. L 1" ,( ,
) f:' C 1'-//'''1;''/1,.. .r..c.--t:"'. J t/ ..."t.(,v' "f
B. Legal Sufficiency: , 1:i. {"i~';'1C;"'i } (l~,/.../.'1 (::'01"1 (>1'( ;,., .,,' ,: i'i."
( /' 'it - uy
t:...Li."!" ,1.,...,j.g.:t-.J.;~--"tt1"i (Jt/l'- v"....LV(' vUk) . ( J
~~~JA~ (,/'-"'{l ('/l . '~h'~'vv'l" I
C. Other Department Review:
Department Director
This summary is not to be used as a basis for payment.
G:\PREM\AGENDA\2008\07-08\COOP EXT GARDENS TERMINATION - NLDOCX
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X = JAMES JOHNSON, JR
Y = MARWAN & SUHAlR GHALI N ,
Z = BLANCHE H. GIRTMAN '
LOCATION MAP