HomeMy WebLinkAboutCity of Tamarac Resolution R-98-321Temp. Reso #8284
Revision #2
10/02/1998
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- 3421
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND IRT PROPERTY
COMPANY FOR LEASE OF 4,413 SQUARE FEET OF SPACE
FOR THE RELOCATION OF THE BUILDING DEPARTMENT
FOR AN ANNUAL AMOUNT OF $57,060.12 WHICH
INCLUDES BASE RENT, INSURANCE AND COMMON AREA
MAINTENANCE; SECOND AND THIRD YEAR INCREASES
BASED ON AN ANNUAL INCREASE NOT TO EXCEED 3%;
AND FOR COST OF MOVING, RENOVATION AND BUILD
OUT OF SPACE AS PER APPROVED PLANS FOR AN
AMOUNT NOT TO EXCEED $66,030.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac realizes the benefits of
relocating the City's Building Department out of City Hall; and
WHEREAS, a committee appointed by the City Manager consisting of the Chief
Building Official, Public Works Operations Manager, Fiscal Services Manager,
Planning/Zoning Manager, and Purchasing/Contracts Manager developed minimum
requirements and criteria; and
WHEREAS, proposals as attached hereto as Exhibit "A" were solicited from
Temp. Reso #8284
Revision #2
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thirty-three (33) commercial property owners within the City of Tamarac for providing
the needed space; and
WHEREAS, on March 9, 1998, four (4) proposals as attached hereto as Exhibit " B°
were received from the following:
Gardens Mall, 7111 W. Commercial Boulevard
Shoppes of Tamarac, 8675 W. McNab Road
Walgreens Woodmont Shoppes, 8197 N. University Drive
Tamarac Town Square Shopping Center, 8177 N. Pine Island Road
WHEREAS, Tamarac Town Square Shopping Center located at 8177 N. Pine Island
Road has been determined by the committee to meet requirements of the City; and
WHEREAS, it is the recommendation of the Chief Building Official, Public Works
Operations Manager, Fiscal Services Manager, Planning/Zoning Manager, and
Purchasing/Contracts Manager that the City enter into a Lease Agreement with Tamarac
Town Square Shopping Center, attached hereto as Exhibit "C; and
WHEREAS, available funds exist in the General Fund budget for said purpose; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
Temp. Reso #8284
Revision #2
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appropriate City officials to execute a Lease Agreement between the City of Tamarac and
Tamarac Town Square Shopping Center for lease of 4,413 square feet of space for the
relocation of the Building Department for an annual amount of $57,060.12 which includes
base rent, insurance and common area maintenance; second and third year increases
based on an annual increase not to exceed 3%; and for cost of moving, renovation and
build out of space as per approved plans for an amount not to exceed $66,030.00,
attached hereto as Exhibit "D".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The appropriate City Officials are authorized to execute the Lease
Agreement with Tamarac Town Square Shopping Center for lease of 4,413 square feet of
space for the relocation of the Building Department for an annual amount of $57,060.12
which includes base rent, insurance and common area maintenance; second and third year
increases based on an annual increase not to exceed 3%; and for cost of moving,
renovation and build out of space as per approved plans for an amount not to exceed
$66,030.00; attached hereto as Exhibit "D".
Temp. Reso #8284
Revision #2
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Page 4
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this-.,'' day of ( z�- 4'.i. , 1998.
SCHREIBER
Mayor
ATTEST:
CAROL GOLD, CMC/AAE
City Clerk
I HE EBY CERTIFY that I .tit
a�proved thisZ �OLU lON to farm.
41TgHELL S
MCfty Attorney
RECORD OF COMMISSIO 4 VOTE
MAYO."l ;.r IR IF?E Fi �rylll
DIST 1: COM!1A '.4cKAYE
DIST 2: V'/M WSHKIPJ
DIST 3: 00ry !vL S,UILT /4i!0F
D!ST 4: COMM. i='OBERTS /JzL
Lessee: CITY OF TAMARAC, FLORIDA
INDEX
SUBJECT PARAGRAPH NO.
A.D.A. COMPLIANCE
49
ADDITIONAL FEES
37
AFFIRMATIVE COVENANTS -Tenant
14
ALTERATIONS
13
ASSIGNING, MORTGAGING, SUBLETTING
24
AUTHORITY
46
BROKERS
39
CAPTIONS
42
CHOICE OF LAW
47
CONDEMNATION
34
CONSTRUCTION, ADDITIONAL
33
DAMAGE TO PREMISES
19
DEFAULT
Events of
27
Rights of Landlord
28
EXCULPATION
41
FINANCING AGREEMENT
29
INSURANCE
10
INDEMNIFICATION, PUBLIC LIABILITY
INSURANCE AND OTHER INSURANCE
21
JOINT OBLIGATION
44
LANDLORD IMPROVEMENTS
50
LENGTH OF TERM
3
MECHANICS LIENS
20
MODIFICATION
43
NEGATIVE COVENANTS -Tenant
15
NON -LIABILITY OF LANDLORD
12
NOTICES
35
OPERATING COSTS
7
PREMISES
1
Use of
4
QUIET ENJOYMENT
38
RENT
5A
RADON GAS
48
REPAIRS
11
RIGHTS -Landlord
18
SALES TAX REPORTS
17
SCOPE & INTERPRETATION OF THE AGREEMENT
40
SECURITY DEPOSIT
6
SECURITY INTEREST
30
SIGNS
16
SUBORDINATION
25
SUCCESSORS AND ASSIGNS
36
SURRENDER AND HOLDING OVER
32
Revised 10/08/98
TAXES
9
TENANTS COVENANTS
26
TERM AND POSSESSION, COMMENCEMENT OF
2
TIME IS OF THE ESSENCE
45
TRADE FIXTURES
23
UP -FITTING OF PREMISES
4
UTILITIES
8
WAIVER
31
WAIVER OF CLAIMS
22
Revised 10/08/98
LEASE
THIS LEASE made this day of 1998, by and between IRT PROPERTY COMPANY, a Georgia
Corporation, with principle offices at 200 GALLERIA PARKWAY SUITE 1400, ATLANTA, GA. 30339, hereinafter refe
as "Landlord" and City of Tamarac Florida a Florida Municipal Corporation, with principle offices at 7525 NW 881' A�
Tamarac, FL, hereinafter referred to as "Tenant".
INTRODUCTORY PROVISIONS
Certain fundamental Lease provisions are presented here solely to facilitate convenient reference by parties
hereto:
a) Tenant's Trade Name: City of Tamarac
b) Main Term: Approximately Three (3) Years Commencing Upon
completion of tenant improvements and written
acknowledgement by City.
c) Tenant Space Number: 28, 29 & 30
d) Premises: 4,413 square feet
e) Tenant's Interior Improvements: See Addendum
f) Tenant's Construction Period: N/A
ANNUAL MONTHLY
g) Maximum Rent: 1ST YR. $44,130.00 $ 3,677.50
2no YR. $45,453.90 $ 3,787.83
To YR. $46,821.93 $3,901.83
h) Percentage Rent: NIA
i) Rent Commencement Date: Upon Completion of Tenant Improvements
j) CAM Commencement Date: Upon Completion of Tenant Improvements
k) Security Deposit: N/A
1) Other Sums Payable :Est. Florida Sales Tax N/A
Est. Real Estate Tax $ monthly $ 525.88
Est. Insurance and Est. Common Area Maintenance monthly $551.63
(Sales tax will be payable as required by State of Florida on all
additional rent, IF APPLICABLE such as C.A.M., Real Estate
Tax reimbursement. Insurance and all other charges so set forth
in this Lease.)
m) Use Summary: Operation of the office of BUILDING DEPARTMENT
Revised 10/08/98 3
1. PREMISES
Landlord leases to Tenant and Tenant rents from Landlord those certain premises having a gross leaseable
area of approximately 4413 square feet (hereinafter referred to as "the Premises") located at 8183/8191 Pine
Island Road, Tamarac, State of Florida, which premises are more particularly described as a store having
a width of approximately 54 feet, and a depth of approximately 82 feet as identified and outlined in red on
attached Attachment "A". City shall have the right to use, on a non-exclusive basis, in common with others,
portions of the Common Areas and Facilities (defined below) designated from time to time by Landlord for
common use. Said Exhibit sets forth the general layout of the Shopping Center, but is not warranted,
representation or agreement on the part of the Landlord that the Shopping Center is exactly as indicated on
such Exhibit.
The parking areas, sidewalks, roadways, loading areas, service areas, loading docks, ramps, canopies,
roofs, landscaped areas, sprinklers, lighting facilities, and such other portions or components of the Shopping
Center designated by Landlord from time to time for the non-exclusive use and/or benefit of occupants of the
Shopping Center, including City and their employees, agents and customers, and herein sometimes referred
to as: Common Areas and Facilities. Landlord shall have the right, from time to time, to modify, change, alter,
add to and delete from the Common Areas and Facilities provided any such modifications, changes,
alterations, additions, or deletions do not have a material adverse effect on Tenant's use of the premises.
Further, Landlord shall have the right, from time to time, to establish, modify, change, alter, add to and delete
from rules and regulations pertaining to the use, operation and maintenance of the Common Area and
Facilities. Such rules and regulations may include restrictions on the parking of tenants and their employees
requiring parking in designated parking areas and precluding parking in other parking areas.
Not less than 40 reserved parking spaces will be made available to the rear of the premises for
employee and service vehicle parking. The area for employee parking and service vehicles is shown on
attached Exhibit (A). Tenant acknowledges that Landlord has the right, from time to time, to change the
location of Tenant's designated parking area. Any such relocation shall not diminish the number of parking
spaces available to tenant.
2. COMMENCEMENT OF TERM AND POSSESSION:
A. The term shall commence upon completion of tenant improvements and written
acknowledgement by City. Tenant shall, upon request of Landlord, execute and deliver to Landlord a written
declaration in recordable form stating and insuring the commencement and termination date thereof and
certifying that the Lease is in full force and effect and there are no defenses or offsets thereto or stating those
claimed by Tenant.
B. By occupying the Premises, Tenant shall be deemed to have accepted the Premises and to
have acknowledged that the Premises are in the condition required by this Lease.
3. LENGTH OF TERM:
The term of this Lease shall be for approximately Three (3) years following the commencement date
and expiring at 11:59 p.m. on 11/30/01. If the term of this Lease would terminate mid -month, then the term
shall continue to and including the last day of the calendar month in which termination would have otherwise
occurred, unless sooner terminated or extended as Hereinafter provided.
The sum of $4,755.01 representing one months' rental at the signing of this Lease, which sum shall
be credited toward the first month's rent payable under the terms of Paragraph 5A of this Lease, receipt of
which is hereby acknowledged, shall be non-refundable and shall be retained by Landlord as consideration
for the execution of this Lease in the event that Tenant should cancel or default under the terms of this Lease
after commencement of construction of the Shopping Center in which the Premises are located.
This Agreement shall remain in full force and effect only as long as the expenditures provided for in
the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget
Revised 10/08/98 4
for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
4. USE OF PREMISES:
Tenant shall use the Premises solely for the purpose of the operation of the office of the Building
Department or any other similar office use.
RENTAL:
A. MAXIMUM RENTAL: Tenant covenants and agrees to pay Landlord a maximum annual
rental, which is set forth on the following schedule:
Lease Year Maximum Annual Rental Maximum Monthly Rental
1 $44,130.00 $3,677.50
2 $45,453.90 $3,787.83
3 $46,821.93 $3,901.83
plus sales tax if applicable or any other charge which may be made on the rental by any federal, state or local
governmental authority, unless Tenant is exempt from payment of such sales taxes or other charges, payable
in equal monthly installments without notice, deduction or set -offs, on the first day of each calendar month
during the term hereof. Such maximum rent shall commence to accrue upon commencement of term as
provided in Paragraph 2, said date being herein sometimes referred to as the "Rental Commencement Date".
The first rental payment date hereunder shall be the first day of the first calendar month following the Rental
Commencement Date and shall include, in addition to one full month's advance rent, a prorated amount
applicable to the period from the Rental Commencement Date to such rental payment date. Notwithstanding
the foregoing, if the Rental Commencement Date is the first day of a calendar month, in that event, the first
full month's advance rent shall be due and payable
6. SECURITY DEPOSIT: N/A
7. OPERATING COSTS:
A. For the purpose of this Paragraph 7, "Landlord's Operating Cost' shall mean all costs of,
including appropriate reserves for, operating, managing, administering, repairing, replacing, improving,
equipping, supplying, policing, lighting, cleaning, and maintaining the Shopping Center and the Common Areas
and Facilities, including without limitation and by way of example, landscape maintenance: cleaning,
sweeping, striping, repairing and resurfacing parking areas; hazard, casualty and employee -related insurance -
trash, rubbish and refuse removal; pest and rodent control; security; traffic regulation; advertising and
promotion; water, sewer, electrical and other direct or indirect utility charges; storm water retention; rental of
or depreciation on machinery and equipment used for repairs and maintenance; compensation paid to, and
other expenses of, personnel participating in operation including, without limitation, payroll taxes, social
security and fringe benefits; police, traffic control and security related services; management fees; and an
administrative charge equal to fifteen percent (15%) of Landlord's Operating Cost.
B. In each Lease Year, Tenant will pay to Landlord, as additional rent hereunder, such proportion
of Landlord's Operating Costs as the gross leasable floor area of the Premises bears to gross leasable ground
floor area of all of the buildings of Landlord in the Shopping Center, which may increase or decrease from time
to time.
C. The annual charge shall be computed on the basis of periods of twelve (12) consecutive
calendar months, as designated by the Landlord, and shall be paid by the Tenant in equal monthly
installments, in advance on the first day of each calendar month, in an amount estimated by Landlord. Within
ninety (90) days after the end of such twelve (1 2) month period, Landlord will furnish to Tenant a statement
showing, In reasonable detail, the amount of Landlord's Operating Costs for the preceding period and there
shall be an adjustment between Landlord and Tenant, with payment to or repayment by Landlord, as the case
may require, in order that the Landlord shall receive the entire amount of the Tenant's annual proportionate
share for such period. Thereafter, Landlord shall estimate the monthly payments to be made by the Tenant
Revised 10/08/98
for the ensuing year, based upon Landlord's Operating Costs budgeted for the ensuing year, and the Tenant
shall be obligated to make such adjusted monthly payments to the Landlord as aforesaid. Any changes in
applicable floor areas shall result in corresponding pro-rata adjustments. The estimated proportionate share
of Landlord's Operating Costs, including insurance premiums, for the initial twelve (12) month period of this
Lease shall be $551.63 per month plus $525.88 per month for real estate taxes.
8. PUBLIC UTILITIES:
In addition to all rentals herein specified, Tenant shall pay for all utilities (Electric, Water and
Telephone), utility impact fees and additional user fees used or Consumed in or upon the Premises, whether
furnished by Landlord or the applicable utility or refuse disposal company, and all sewer charges, as and when
the charges therefore shall become due and payable, and Tenant shall pay any garbage or trash collection
fee imposed by any governmental authority. Landlord shall incur no liability to Tenant in the event that any
utility, including but not limited to telephone, gas, electricity or water, becomes unavailable from any source
or supply or for any reason not within Landlord's reasonable control.
9. TAXES: if applicable
It is understood that the Tenant is a governmental entity exempt from taxes, including taxes that are
general and special, extraordinary and ordinary, foreseen and unforeseen, and/or levied, assessed, imposed,
become due and payable or liens upon, or arise in connection with the use, occupancy or possession of, or
become due and payable out of or for the entire Shopping Center or any part thereof, and any land, buildings
or other improvements therein, including interest on installment payments and all costs and fees, including
attorney's fees, incurred by Landlord in contesting taxes, assessments and/or negotiating with public
authorities with respect to the same
Tenant agrees to contribute, as part of its monthly rent, a proportionate share of taxes as provided
in Paragraph i (C) of this Lease in the amount of $525.88 per month. Tenant's proportionate share of any
each tax assessment applicable to the Leased Premises shall be calculated by multiplying the real estate
taxes for the year then under consideration by a fraction, the numerator of which shall be the number of gross
leasable floor area of the Premises, and the denominator of which shall be the floor area of all leasable space
in the Shopping Center included in the assessment on which the subject real estate taxes were calculated by
the taxing authority.
It is understood that tax assessments may increase yearly; however, Tenant's proportionate share
of such tax assessments shall not exceed $600.00 per month for the term of this Lease.
By contributing this monthly payment as part of the rental amount, Tenant shall not be obligated to
pay additional taxes incurred by Landlord in connection with the Shopping Center. The Landlord shall pay
all taxes that may be levied, assessed or imposed by the lawful tax authorities against the land, buildings, or
other improvements in the Shopping Center.
10, INSURANCE:
The Landlord will pay in the first instance all premiums for fire, flood, wind storms, extended coverage
and liability casualty insurance upon the Shopping Center containing the Premises. Tenant shall pay that
portion of said premiums equal to the product obtained by multiplying said amount by a fraction the numerator
of which shall be the gross leasable floor area of the Premises and the denominator of which shall be the
gross floor area of all leasable space in the Shopping Center. Tenant shall pay such insurance premiums in
twelve (12) equal installments as additional rent on the first of each month. An insurance premium bill
submitted by Landlord to the Tenant shall be sufficient evidence of the amount of premium required to be paid.
Landlord shall have all the remedies for the collection of Tenant's share of real estate taxes, common area
maintenance charges and insurance premiums as are provided the Landlord under the terms of this Lease
for the collection of rent. The initial estimated proportionate share of insurance premiums for the first Lease
Year shall be included in common area maintenance.
Revised 10/08/98
11. REPAIRS:
Landlord will keep the foundation, exterior walls and roof of the Premises, excepting any work done
by Tenant and any glass or doors, in proper repair, provided that in each case, Tenant shall have given
Landlord prior written notice of the necessity of such repairs. The cost of such repairs performed by Landlord
shall be included in the Landlord's Operating Cost set forth in Paragraph 7A of this Lease. Tenant will keep
the interior of the Premises, together with all fixtures and all electrical, plumbing, heating, air conditioning and
other mechanical installations whether located within or on the roof of the Premises, all doors, and all plate
glass and door and window glass, in good order and proper repair at its own expense, using materials and
labor of kind and quality equal to the original work, and will surrender the Premises at the expiration or earlier
termination of this Lease in as good order and proper repair as when received, excepting only deterioration
caused by ordinary wear and tear and damage by fire or other casualty of the kind insured against in standard
policies of fire insurance with extended coverage. Except as herein above provided, Landlord shall have no
obligation to repair, maintain, alter or modify the Premises or any part thereof, or any plumbing, heating,
electrical, air conditioning or other mechanical installation located above floor slab or on the roof of the
Premises. Under no circumstances shall Landlord be obligated to repair, replace or maintain any plate glass
or door or window glass.
In addition to the foregoing, the Tenant shall be responsible for any damage to the roof or air
conditioning system arising or resulting from the Tenant's maintenance of said air conditioning system. The
Tenant shall not install any equipment which exceeds the capacity of the utility lines leading into the Leased
Premises where the building of which the Leased Premises constitute a portion.
If Tenant refuses or neglects to repair property as required hereunder, and to the reasonable
satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may make such
repairs. Tenant shall pay as additional rent Landlord's costs for making such repairs plus fifteen percent
(15%) representing overhead and administration upon presentation of invoice. In the event that the Landlord
shall undertake any maintenance or repair in the course of which it shall be determined that such maintenance
or repair work was made necessary by the negligence or willful act of Tenant or any of its employees or
agents or that the maintenance or repair is, under the terms of this Lease, the responsibility of the Tenant, the
Tenant shall pay Landlord's costs therefore plus overhead as provided in this Section. Landlord shall be liable
for any damages caused by Landlord's negligence.
iF L*1►amI_1-1IIlt"612WOMIIZID]
All property belonging to Tenant or any occupant of the Leased Premises or Shopping Center shall
be on such premises at the risk of the Tenant or such other person only, and the Landlord shall not be liable
for any damage thereto or theft, destruction, or misappropriation thereof. Landlord shall not be responsible
for any damage whatsoever suffered by the Tenant arising from or relating to any change of existing laws,
ordinances or governmental regulations. Landlord shall be liable for the negligent act of its agents,
employees, servants, and independent contractors.
Tenant covenants and agrees that it will not make any alterations, improvements or additions to the
Premises during the term of this Lease or any extension thereof without first obtaining the written consent of
the Landlord. Tenant will not cut or drill into, or secure any fixture, apparatus or equipment of any kind to any
part of the Premises without first obtaining the written consent of the Landlord. All alterations, improvements
and additions made by Tenant as aforesaid shall remain upon the Premises (subject to written agreement
during tenant improvements) at the expiration or earlier termination of this Lease and shall become the
property of Landlord, unless Landlord shall, prior to the termination of this Lease, have given written notice
to Tenant to remove same, in which event, Tenant shall remove such alterations improvements and additions
and restore the Premises to the same good order and condition in which it was at the commencement of this
Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense
thereof from the Tenant as additional rent.
Revised 10/08/98
14. AFFIRMATIVE COVENANTS OF TENANT; Tenant agrees:
A. To comply with any and all statutes, laws, ordinances, regulations and other requirements
of all public authorities applicable to Tenant or its use of the Premises, and to indemnify and hold Landlord
harmless from any penalties, fines, costs, expenses or damages resulting from Tenant's failure to do so.
B. To give to Landlord prompt written notice of any accident, fire, burglary, theft, or damage
occurring on or to the Premises.
C. That all loading and unloading of goods shall be restricted to the rear of the Shopping Center
and only at such times in the areas and through such entrances as may be designated for such purpose by
the Landlord. Trailers or trucks shall not be permitted to remain parked overnight in any areas of the Shopping
Center, whether loaded or unloaded.
D. To keep all garbage and refuse in the kind of container specified by Landlord and to place
the same outside of the Premises, prepared for collection in the manner and at the times and place(s)
specified by Landlord and in accordance with municipal and other reasonable regulations specified by
Landlord.
E. To keep the outside areas immediately adjoining the Premises clean and not to burn, place
or permit any rubbish, obstruction or merchandise in such areas.
F. To keep Premises and adjoining areas clean, orderly, sanitary and free from objectionable
odors and noises, and from insects, vermin and other pests. The Tenant shall be responsible for vapor
proofing and ventilating the Premises against such odors and for soundproofing against objectionable noises.
G. To require Tenant's employees to park their cars only in those portions of the parking area
designated for that purpose by Landlord to the West of the premises as designated on attached Exhibit (A).
H. To conduct its business in the Premises in all respects in a dignified manner and in
accordance with high standards of store operation.
I. To comply with all rules and regulations promulgated by Landlord as Landlord, and generally
applicable to the tenants in the shopping center, in its sole discretion, shall deem necessary in connection with
the Premises or the Shopping Center, including the installation of such fire extinguishers and other safety
equipment as the Landlord may reasonably require. All such rules and regulations shall be applied in a non-
discriminatory manner.
J. Tenant shall keep the Premises and the improvements thereon at all times during the term
hereof free of Mechanic's and Material men's Liens and other liens of like nature and at all times shall fully
protect and hold Landlord harmless against all such liens or claims and against all attorney's fees and other
costs and expenses arising out of or as a result of any such lien or claim. Tenant shall not subject any interest
of Landlord to Mechanic's or Material men's Liens for improvements made by Tenant on the improvements
and Tenant shall notify any contractor, subcontractor or supplier making any such improvements or supplying
goods and materials to the premises that no lien may attach to the Landlord's interest in the Premises. A copy
of such notice shall be sent to Landlord. Landlord may record a memorandum of this Lease in the public
records. In the event a lien is filed against Landlord's interest in the Premises, Landlord, at its option, may
pay all or any part of such lien or claim, and any such payments, together with interest thereon at the rate of
8% per annum from the time of such payment by Landlord until repayment by Tenant, shall be paid by Tenant
as additional rent upon demand, and if not so paid, shall continue to bear interest at the aforesaid rate until
paid in full.
Revised 10/0a/98
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Tenant agrees that it will not do any of the following without the prior consent in writing of Landlord:
A. Use or operate any machinery that, in Landlord's opinion, is harmful to the building or
disturbing to other tenants in the building of which the Premises is a part; nor shall Tenant use any loud
speakers, television, phonographs, radios or other devices in a manner so as to be heard or seen outside of
the Premises, nor display merchandise on the exterior of the Premises either for sale or for promotion
purposes.
B. Do or suffer to be done, any act, matter or thing objectionable to the casualty insurance
companies whereby the fire insurance or any other insurance now in force or hereafter to be placed on the
Premises or any part thereof, or on the building of which the Premises may be a part, shall become void or
suspended, or whereby the same shall be rated as a more hazardous risk than at the date when Tenant
receives possession hereunder. In case of a breach of this covenant, in addition to all other remedies of
Landlord hereunder, Tenant agrees to pay to Landlord as additional rent any and all increase or increases
of premiums on insurance carried by Landlord on the Premises, or any part thereof, or on the building of which
the Premises may be a part, caused in any way by the occupancy of Tenant.
C. Attach any awning, antenna or other projection to the roof or the outside walls of the Premises
or the building of which the Premises are a part.
D. Conduct any auction, fire, bankruptcy or selling -out sale on or about the Premises.
E. Conduct any business activity which conflicts with the "exclusive use" clauses of Publix
and/or Eckerd's or any other exclusive in the Shopping Center.
F. Tenant shall not unlawfully generate, store, treat, dispose of, install, or otherwise use, any
hazardous substances on, in, under, or in any way related to the premises or any other portion of the
Shopping Center, or cause or unlawfully permit any such generation, storage, treatment, disposal,
installation or other use with respect thereto. Tenant shall fully indemnify and hold Landlord harmless
from any liability, damage, cost or expense that Landlord might otherwise suffer from Tenant's failure to
fully comply with the terms and provisions of this Section. "Hazardous Substances" means and includes
any of the substances, materials, elements, or compounds that are contained in the list of hazardous
substances adopted by the United States Congress or the EPA or any substances, materials, elements or
compounds affected by any other federal, state or local statute, law, ordinance, code, rule, regulation,
order, or decree now, or at any time hereafter in effect, regulating, relating to, or imposing liability or
standards of conduct concerning, any hazardous, toxic, dangerous, restricted or otherwise regulated
waste, substance or material.
16, SIGNS:
Tenant will not exhibit, inscribe, paint or affix any sign, advertisement, notice or other lettering on any
part of the outside of the Premises, or in the windows, or on the building of which the Premises are a part, or
inside the Premises if visible from the outside, without first obtaining Landlord's written approval thereof and
Tenant further agrees to maintain such sign, lettering, etc., in good condition and repair at all times. Tenant
further agrees to comply with Landlord's sign criteria and all applicable governmental regulations regarding
such signs. The Tenant, at their expense, shall erect a display on the front of the property to ensure citizens
are aware of the Building Department's location.
17. SALES TAX REPORTS: N/A
Revised 10/08/98
11:��Ic1:I111IRK012I\kq116]MA0101
Landlord reserves the following rights with respect to the Premises:
A. At all reasonable times after Notice to Tenant (except in emergency) and accompanied by
tenant's representative (except in emergency), by itself or its duly authorized agents, to go upon and
inspect the Premises and every part thereof and at its option to make repairs, alterations and additions to
the Premises or the building of which the Premises are a part.
B. To display a "For Rent" sign at any time, and also, after notice from either party of intention
to terminate this Lease, or at any time within six (6) months prior to the expiration of this Lease, a "For Rent"
sign, and all of said signs shall not be larger than one foot by two feet and shall be placed upon such part of
the Premises as Landlord shall require, except on display windows or door or doors leading into the Premises.
Prospective purchasers or tenants authorized by Landlord may inspect the Premises at reasonable hours
at any time.
C. To collect all rents, as well as any additional rent, percentage rent an any other charges due
Landlord by Tenant, from any receiver, debtor in possession, or trustees which may be appointed for the
account of Tenant.
19. DAMAGE TO PREMISES:
If the Premises shall be partially damaged by any casualty insurable under the Landlord's insurance
policy, Landlord shall, upon receipt of the insurance proceeds, provided same are sufficient to cover the cost,
and, subject to the rights of any mortgagees, repair same with reasonable speed, and a proportionate part
of the rent shall be abated for the Premises which cannot be utilized by the Tenant until such repairs are
completed. The obligation of the Landlord hereunder shall be limited to the basic building or storefront. If
more than TWENTY (20%) percent of the Premises shall be rendered untenantable or should be damaged
as a result of a risk which is not covered by Landlord's insurance, or if TWENTY (20%) percent or more of the
gross leasable area of the Shopping Center shall be damaged or destroyed by fire or other cause,
notwithstanding that the Premises may be unaffected by such event, then or in any such event, Landlord may
elect to repair the damage or cancel this Lease within ninety (90) days of said occurrence by notice of
cancellation to Tenant and Tenant shall vacate the Premises. Tenant shall have the option to cancel this
lease, exercised by written notice to Landlord if the damage or destruction to the premises is such that the
premises can not be restored in ninety (90) days. Unless this Lease is terminated by Landlord, Tenant shall
hold the proceeds of all insurance carried by Tenant on its property and improvements in trust for the purpose
of repair and replacement. In the event Landlord elects to repair the damage any abatement of rent shall end
ten (10) days after notice by Landlord to Tenant that the Premises have been repaired. If any damage is
caused by the negligence of Tenant or its employees, the damages shall be repaired by Landlord, upon
receipt of the insurance proceeds, but there shall be no abatement of rent.
Tenant will not permit to be created, or to remain un-discharged any lien, encumbrance or charge
arising out of any work done or materials or supplies furnished by any contractor, subcontractor, laborer or
material man, or other entity which might be or become a lien or encumbrance upon the Shopping Center or
any portion thereof. Nothing contained in this Lease shall be construed as consent on the part of the Landlord
to subject the estate and/or property of the Landlord to liability under the Mechanics Lien Law of the State of
Florida, it being expressly understood that the Landlord's estate and property shall not be subject to such
liability. The Tenant agrees to strictly comply with the Mechanics Lien Law of the State of Florida at set forth
in Florida Statute 713.01 et seq. In the event that a claim of lien is filed against the property in connection with
any work performed by or on behalf of the Tenant, the Tenant shall, within thirty (30) days after demand from
the Landlord, cause came to be discharged of record by payment, deposit, bond, order of a court of competent
jurisdiction or otherwise. If Tenant shall fail to cause such lien to be discharged within the period aforesaid,
then, in addition to any other right or remedy it may have, Landlord may, but shall not be obligated to,
discharge such lien by deposit or bond, and in any such event, Landlord shall be entitled if it so elects to
Revised 10/08/98 10
compel the prosecution of an action for the foreclosure of such lien by the lien or and to pay the amount of
any judgment in favor of the lien or including interest, costs and expenses. Any amounts so paid by the
Landlord, and all costs and expenses, including attorneys' fees incurred by Landlord in connection therewith,
shall constitute and be deemed additional rent payable by the Tenant under this Lease, and such additional
rent shall be paid to the Landlord upon demand. Nothing herein shall obligate the Tenant to pay or discharge
any lien created by the Landlord.
Landlord shall have the right to post in the Premises and file and record notices of non -responsibility
and such other notices, as the Landlord may deem appropriate for the protection of Landlord's interest in the
Premises. Tenant shall, before the commencement of any work which might result in any lien on the Shopping
Center or any part thereof, give to the Landlord reasonable notice of its intention to commence said work in
sufficient time to enable Landlord to file and record such notices.
If so requested by the Landlord, the Tenant shall execute a short form or memorandum of this Lease
which may, in the Landlord's discretion, be recorded in the public records for the purpose of protecting the
Landlord's estate from mechanics lien claims as provided in Florida Statute 713.10. Any security deposits paid
by the Tenant may be used by the Landlord for the satisfaction or transfer of any mechanics claim of lien.
21. INDEMNIFICATION, PUBLIC LIABILITY INSURANCE AND OTHER INSURANCE:
The City does not waive its statutory or common law rights of sovereign immunity by entering into this
Lease Agreement.
A. Tenant shall at all times during the term hereof keep in force at its own expense public liability
insurance in companies acceptable to Landlord sufficient to cover such indemnification and naming Landlord,
and any mortgagee of the Shopping Center, as additional insureds thereunder, with minimum limits as set
forth within the limits of the city charter, ($1,000,000.00) Dollars on account of bodily injuries to or death of,
one person, and ($2,000,000.00) Dollars on account of bodily injuries to or death of more than one person
as the result of any one accident or disaster, and ($1,000,000.00) Dollars on account of damage to property.
B. Tenant shall, at all times during the term hereof, keep in force at its own expense, fire
insurance with extended coverage in companies acceptable to Landlord, equal to the replacement cost of
Tenant's betterments and improvements on the Premises, and naming Landlord, and any mortgagee, as an
insured to the extent of such betterments and improvements.
C. Tenant will furnish Landlord, prior to or simultaneously with taking possession, certificates
of insurance evidencing coverage's required by this Lease. However, copies of the policies will not be
furnished to the Landlord. All policies required hereunder shall contain an endorsement providing that the
insurer will not cancel or materially change the coverage of said policy or policies without first giving ten (15)
days prior written notice thereof to Landlord.
22. WAIVER OF CLAIMS:
A. Landlord and Landlord's agents, employees and contractors will not be liable for negligence
of the Tenant. Tenant hereby releases all claims for, damage to property sustained by Tenant or any person
claiming through Tenant resulting from any fire, accident, occurrence or condition in or upon the Premises or
building of which they shall be a part, including but not limited to such claims for damage resulting from (i) any
defect in or failure of plumbing, heating or air conditioning equipment, electric wiring or installation thereof,
water pipes, stairs, railings or walks; (ii) any equipment or appurtenances becoming out of repair; (iii) the
bursting, leaking or running of any tank, washstand, water closet, waste pipe, drain or any other pipe or tank
in, upon or about such building or premises; (iv) the backing up of any sewer pipe or downspouts; (v) the
escape of steam or hot water; (vi) water being upon or coming through the roof or any other place upon or
near such building or premises or otherwise; (vii) the failing of any fixtures, plaster or stucco; (viii) broken glass
and (ix) any act or omission of co -tenants or other occupants of said building or adjoining or contiguous
property or buildings Landlord shall be liable for the negligence of Landlord, and Landlord's employees,
agents and contractors.
Revised 10/08/98 11
B. Landlord and Tenant agree that in the event the Premises or its contents are damaged or
destroyed by fire or other insured casualty, the rights, if any, of either party against the other with respect to
such damage or destruction are waived; and that all policies of fire and/or extended coverage or other
insurance covering the Premises or its contents shall contain a clause or endorsement providing in substance
that the insurance shall not be prejudiced if the insureds have waived right of recovery from any person or
persons prior to the date and time of loss or damage, if any.
23. TRADE FIXTURES:
All trade fixtures installed by Tenant in the Premises shall remain the property of Tenant and shall be
removable at the expiration or earlier termination of this Lease or any renewal or extension thereof, provided
Tenant shall not at such time be in default under any covenant or agreement contained in this Lease-, and
provided further that in the event of such removal, Tenant shall promptly restore the Premises to their original
order and condition. In the event that the Lease is in default, Tenant may not remove any such trade fixtures
until such time as said default(s) shall be cured. Any such trade fixture not removed at or prior to such
termination shall be and become the property of the Landlord. Lighting fixtures, flooring, plumbing fixtures and
air conditioning equipment, whether or not installed by Tenant, shall not be removable at the expiration or
earlier termination of this Lease or at the expiration of any renewal or extension thereof, and shall become the
property of Landlord
24. ASSIGNING, MORTGAGING, SUBLETTING:
Tenant agrees not to assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet
the whole or any part of the Premises, except to other city agencies, or permit the use of the Premises by any
licensee or concessionaire, without first obtaining the express prior written consent of Landlord in each
instance, which approval shall not be unreasonably withheld after taking into account the nature,
creditworthiness and experience of any assignee, subtenant, licensee or concessionaire and their probability
of success in operating the Premises for the uses provided in Paragraph 4 of this Lease. It is expressly
understood and agreed that Landlord's failure or refusal to offer such consent based upon any prospective
assignee or sublessee's failure to meet all criteria of Landlord shall not be deemed unreasonable as a matter
of law. Consent by the Landlord to any assignment or subletting shall not constitute a waiver of the necessity
for such consent to any subsequent assignment or subletting. It is understood that Landlord may refuse to
grant such reasonable consent to any assignment or subletting by Tenant if Landlord is not satisfied with the
financial responsibility, identity or business character, the nature of the occupancy or legality of the proposed
use of the subtenant or assignee, or if there is a need for alteration of the Leased Premises by the subtenant
or assignee. If this Lease is assigned, or if the Leased Premises or any part thereof is to be underlet or
occupied by any party other than the Tenant, Landlord may collect rent from the assignee, subtenant or
occupant and apply such net amount collected to the rent herein reserved, but no such assignment,
underletting, occupancy or collection shall be deemed a waiver of this covenant or acceptance of the assignee,
subtenant or occupant as tenant. This prohibition shall be construed to include a prohibition against any
assignment or subleasing by operation of law, legal process, receivership, bankruptcy or otherwise, whether
voluntary or involuntary, and a prohibition against any encumbrance of all or any part of Tenant's leasehold
interest. Any rents received from any permitted sublessee or assignee in excess of the rents and other charges
reserved in this Lease shall be paid by the Tenant to the Landlord as additional consideration for the right and
approval to sublet.
Upon any assignment or subletting, Landlord shall provide a novation to Tenant, fully releasing Tenant
of all obligations under this Lease, and Landlord shall enforce the terms and conditions of this Lease
Agreement against such assignee or sublessee only. In the event that Tenant assigns the Lease or sublets
any portion of the Leased Premises without the express prior written consent of Landlord, Landlord shall, at
its option, without waiving any other remedies available under the Lease Agreement, have the right to (1)
terminate Tenant and any assignee or sublessee's entitlement to possession of the Leased Premises without
waiving its right to recover all tenant payments called for under the Lease Agreement, or (2) accept the
assignee or sublessee as Landlord's tenant in which event Tenant shall no longer be liable for the
performance of all obligations under this Lease. Landlord shall not be deemed to have approved the
assignment or subletting unless such approval is in writing. Landlord shall be under no obligation to modify
Revised 10/08/98 12
or alter the Lease in any way in conjunction with its approval or disapproval of any proposed assignee.
Tenant agrees that it does hereby subordinate its rights hereunder to the lien of any mortgage,
hereafter placed against the land and/or the Premises and/or any or all of the buildings now or hereafter built
or to be built in the Shopping Center by Landlord and to any and all advances made or to be made thereunder
and to the interest thereon and to all renewals, replacements, consolidations and extensions thereof so as
long as and conditioned upon the holder of any such mortgage agreeing that so long as Tenant is not in
default hereunder, the possession of Tenant under this lease shall not be disturbed. Tenant further agrees
that it will execute (and promptly deliver to Landlord or mortgagee) any and all documents which any
mortgagee or Landlord may reasonably request, including but not limited to subordination, non -disturbance,
and/or attornment agreements, or attornment certificates.
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Tenant covenants and agrees that it will perform all agreements herein expressed on its part to be
performed, and that it will, within five (5) days as respects the non-payment of rent and ten (10) days as
respects other non-performance, following written notice sent by Certified Mail, comply with the requirements
of such notice. Further, if Tenant shall not comply with such notice to the satisfaction of Landlord within the
time limited as aforesaid (or, if such compliance as it relates to non -monetary defaults cannot reasonably be
completed within the time limit as aforesaid, if Tenant shall not commence to comply within such period and
thereafter proceed to completion with due diligence), such non-compliance will be considered an event of
default, and Landlord may, at its option, do or cause to be done any or all of the things specified in said notice,
and in so doing Landlord shall have the right to cause its agents, employees an contractors to enter upon the
Premises and in such event shall have no liability to Tenant for any loss or damage resulting in any way from
such action; and Tenant agrees to pay, within thirty (30) days, any expense incurred by Landlord in taking
such action. Any such sum shall be collectable from Tenant as additional rent hereunder.
�►1116401aa]=1y«1ItIs
A. The filing of a petition by or against Tenant for adjudication as a bankrupt or insolvent, or for
its reorganization or for the appointment of a receiver or trustee of Tenant's property; any reorganization or
proceedings under Chapter X and/or Chapter XI of the Federal Bankruptcy Law; an assignment by Tenant
for the benefit of creditors; or the taking possession of the property of Tenant by any governmental officer or
agency pursuant to statutory authority for the dissolution or liquidation of Tenant.
B. Failure of Tenant to pay within five (5) days after written notice any installment of rent and
additional rent or any other sum herein required to be paid by Tenant.
C. Tenant's failure to perform any other covenants or conditions of this Lease within ten (10) days after
written notice and demand.
D. The parties shall not be liable for the failure to perform its duties under this Lease Agreement if such
failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different
contingency beyond the reasonable control of the parties.
28. RIGHTS OF LANDLORD UPON DEFAULT BY TENANT:
A. If Tenant is in default under any terms of this Lease and if same is not cured by Tenant within five (5)
days, after written notice, as respects the non-payment of rent and ten (10) days as respects other non-performance after
written notice to Tenant, then Landlord, in addition to all rights and remedies granted under the laws of the State of Florida,
shall have any or all of the following rights:
(1) To re-enter and remove all persons and property from the Premises, and any property removed
may be stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, and the Landlord shall
Revised 10/08/98 13
not be responsible for the care or safekeeping thereof, and the Tenant hereby waives any all claims for loss, destruction
and/or damage or injury which may be occasioned by any of the aforesaid acts. No such re-entry or taking possession
of the Leased Premises by the Landlord shall be construed as an election on the Landlord's part to terminate this lease
unless a written notice of such termination is given to the Tenant.
Notwithstanding any such reletting without termination, Landlord may at all times thereafter elect to terminate this Lease
for any such previous default or breach. Any such re-entry shall be allowed by the Tenant without hindrance and Landlord
shall not be liable in damages for any such re-entry or guilty of trespass or forcible entry.
(II) Landlord may retake possession of the Premises, relet the Premises and sue for damages.. The
election of whether to sue on a month -to -month basis or for the total amount shall be at the sole option and discretion of
the Landlord.
(III) Landlord may terminate the Lease, re-enter the Premises and take possession thereof and
remove all persons therefrom, and Tenant shall have no further claim or right hereunder.
(IV) If Tenant vacates or abandons the Premises, Landlord shall have the right but not the obligation
to relet the Premises for the remainder of the term of this Lease.
(V) Landlord's re-entry or taking of possession of the Premises shall not be construed as an election to
terminate this Lease unless Landlord gives written notice of such termination. Any re-entry or taking of possession by
Landlord shall not affect or diminish the ongoing obligation or liability of Tenant for all rent and other obligations due and
owing under this Lease. Re-entry by the Landlord will not obligate the Landlord to mitigate damages by reletting.
Wherever in this Lease Landlord has reserved or is granted the right of re-entry into the Premises, the use of such word
is not intended, nor shall it be construed, to be limited to its technical legal meaning.
(VI) Landlord may relet the Premises or any part thereof for such term or terms (which may extend beyond
the Lease Term) and at such rentals and upon such other terms and conditions as Landlord in its sole discretion deems
advisable. Any and all amounts received upon reletting and all rentals received by Landlord therefrom shall be applied
first to any indebtedness owed by Tenant to Landlord other than rent due hereunder, then to pay any cost and expense
of reletting, including brokers' and attorneys' fees and costs of alterations and repairs, then to the rent due hereunder;
if there is any residue, it shall be returned to Tenant and Landlord shall grant a novation to Tenant for the remainder of
the lease term.
(VII) Notwithstanding any reletting without termination, Landlord may, at any time in the future after
said reletting, elect to deem this Lease terminated for any prior breach or default.
B. In case suit shall be brought by Landlord for the recovery of rent or because of the breach of any
covenant by Tenant, and if Landlord is successful in such litigation, then Tenant shall pay all costs of said litigation,
including a reasonable attorney's fee. In the event that any suit shall be filed by either Landlord or Tenant involving this
Lease or any other aspect of the tenancy, then the prevailing party in such litigation shall be entitled to recover reasonable
attorney's fees and costs of such litigation.
C. Any and all rights, remedies and options given in this Lease to the Landlord shall be
cumulative and in addition to and without waiver of or in derogation of any right or remedy given to it under
any law now or hereafter in effect.
29. FINANCING AGREEMENT:
The Tenant agrees not to enter into, execute or deliver any financing agreement that can be considered
as a priority to any mortgage, deed of trust, or this Lease, without written permission of the Landlord. In the
event Tenant does so execute or deliver such financing agreement, such action on the part of Tenant shall
be considered a default of the terms and conditions of this Lease, entitling Landlord to such remedies as are
set forth herein.
30. SECURITY INTEREST: N/A
Revised 10/08/98 14
31. WAIVER:
The waiver of Landlord of any breach of any term, covenant or condition herein contained shall not
be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any
other term, covenant or condition herein contained. The subsequent acceptance of rent or partial payment
of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any
term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so
accepted, regardless of Landlord's knowledge of such preceding breach at the time of the acceptance of such
rent. No covenant, term or condition of this Lease shall be deemed to have been waived by Landlord, unless
such waiver is in writing by Landlord.
32. SURRENDER AND MOLDING OVER:
Tenant, upon expiration or termination of this Lease, agrees to promptly and peaceably surrender to
Landlord the Premises in "broom clean" condition and in good repair (same condition as during occupancy),
normal wear and tear excepted. In the event that Tenant shall fail to surrender the Premises upon demand,
Landlord, in addition to all other remedies available to it, shall have the right to receive an amount equal to
twice the rent due. Should Tenant remain in possession of the Premises with Landlord's consent, but without
a new written lease, duly executed, the Tenant shall be deemed to be occupying the Premises as a "tenant
at will", on a month -to -month tenancy, and shall be subject to all conditions, covenants and agreements of this
Lease.
33. ADDITIONAL CONSTRUCTION:
Landlord hereby reserves the right at any time and from time to time to make alterations or additions
to, and to build additional stories on, the building in which the Premises are contained, and to build adjoining
the same, as long as such additional construction has no material adverse effect on Tenant's use of the
Premises. Landlord may, at its option, terminate this lease if Tenant refuses to accept said new location, as
long as it doesn't interfere with Tenant's use of Premises.
34. CONDEMNATION:
A. If, at any time during the term of this Lease, the whole or any part of the Premises shall be
taken by the exercise of the right of eminent domain or sold to the condemning authority in lieu thereof,
Landlord shall be entitled to the entire award for the taking of the Premises. Tenant shall have no claim by
reason of the taking of its leasehold estate created under this Lease. The foregoing shall not preclude any
claim Tenant may have for its furniture, fixtures and equipment; relocation expense or claim for loss of or
interference with its business.
B. If such proceeding shall result in the taking of the whole or substantially all of the Premises,
this Lease and the term hereof shall terminate and expire on the date of such taking, and rent, and any other
sums or charges provided in this Lease to be paid by the Tenant, shall be apportioned and paid to the date
of such taking.
C. If no portion of the Premises shall be taken in such proceedings, but other portions of the
Shopping Center of which the Premises are a part are taken, this Lease shall terminate only as to the portion
of the Premises so taken, and this Lease shall continue for the balance of it's term as to the part of the
Premises remaining without any reduction in rent. If, however, the part so taken shall have a continuing and
permanent material adverse effect on the operation of Tenant's business conducted in the Premises, then the
Tenant shall have the right to cancel and terminate this Lease as of the date of such taking by giving to the
Landlord notice in writing of such election within thirty (30) days after the taking; and the rent shall be
apportioned and paid to the date of such termination. If the Tenant shall not elect to terminate, this Lease
shall continue for the balance of it's term without any reduction of rent, and all other sums and charges herein
provided to be paid by the Tenant.
Revised 10/08/98 15
D. For the purposes of this Paragraph 34, substantially all of the Premises shall be deemed to
have been taken if the portion of the Premises not so taken does not constitute, or cannot be repaired or
reconstructed so as to constitute a complete structure usable by the Tenant for the proper conduct of it's
business.
E. In the event that there shall be a dispute between the Landlord and the Tenant as to whether
"substantially all" of the Premises are taken, such dispute shall be submitted to and determined by the Court
in the eminent domain proceeding.
35. NOTICES:
Wherever in this Lease it shall be required or permitted that notice or demand be given or served by
either party to this Lease to or on the other, such notice or demand shall not be deemed to have been duly
given or served upon, in writing , the date of the personal delivery, the date mailed by certified mail, postage
prepaid, addressed and/or posting, if posted, to the Premises:
TO LANDLORD AT: IRT PROPERTY COMPANY
200 Galleria Parkway, Suite 1400
Atlanta, GA 30339
TO TENANT AT: City Manager, City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321-2401
(954) 724-2450
CC: City Attorney, City of Tamarac
Such addresses may be changed from time to time by either party serving notices as above provided.
Notwithstanding any of the foregoing, the Landlord may personally deliver any notice to any managing agent
or employee of the Tenant at the Premises, or, in the absence thereof, such notice may be posted an the
Premises.
36. SUCCESSORS AND ASSIGNS:
All rights, obligations and liabilities herein given to or imposed upon the respective parties hereto shall
extend to and bind the several and respective heirs, executors, administrators, trustees, receivers,
successors, sub -lessees and assigns of said parties, subject to the provisions of Paragraph 24; and if there
shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and
agreements herein and the word 'Tenant' shall be deemed and taken to mean each and every person or party
mentioned as a Tenant herein, be the same one or more; and if there shall be more than one Tenant, any
notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall have
the same force and effect as if given by or to all thereof. No rights, however, shall inure to the benefit of any
assignee of Tenant unless the assignment to such assignee has been approved by Landlord in writing as
aforesaid.
37. ADDITIONAL FEES: INTENTIONALLY DELETED.
38. QUIET ENJOYMENT:
Upon payment by the Tenant of the rents herein provided, and upon observance of all covenants,
terms and conditions of this Lease by the Tenant, the Tenant shall peaceably and quietly hold and enjoy the
Premises for the term hereof without unreasonable hindrance or unreasonable interruption by the Landlord;
subject, nevertheless, to the terms and conditions of this Lease.
Revised 10/08/98 16
39. BROKERS:
It is understood by both parties that Broker's fees are not part of this lease.
Tenant represents and warrants that there are no claims for brokerage commissions or finder's fees
in connection with the execution of this Lease and agrees to indemnify Landlord against and hold Landlord
harmless from all liabilities arising from any such claim brought, based on Tenant's actions, including
attorney's fees. Landlord hereby agrees to indemnify and hold Tenant harmless from any liability for
brokerage commission or finder's fees in connection with the execution of this lease.
40. SCOPE AND INTERPRETATION OF THE AGREEMENT:
This Lease shall be considered to be the only agreement between the parties hereto pertaining to the
Premises. All negotiations and oral agreements acceptable to both parties are included herein and, unless
reduced to writing in this Lease, no oral representations will be held to be true, accurate, of any effect
whatsoever. The laws of the State of Florida shall govern the validity, interpretation, performance and
enforcement of this Lease. Venue for any action brought between the parties shall be Broward County,
Florida.
If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
41. EXCULPATION:
Tenant agrees that it shall look solely to the land and building comprising the Shopping Center of
which the Premises are a part and insurance proceeds resulting from damage or destruction thereof for the
collection of any judgment (or any other judicial process) requiring the payment of money by Landlord in the
event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this
Lease to be observed and performed by Landlord and no other property or estates of Landlord shall be subject
to levy, execution or other enforcement procedures for the satisfaction of Tenant's remedies-
42. CAPTIONS:
Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted
solely for the convenience of reference and shall not constitute a part of this Lease, nor shall they affect its
meaning, construction or effect.
43. MODIFICATION:
This Lease Agreement may only be modified in writing, by both parties hereto.
44. JOINT OBLIGATION:
If there is more than one tenant to this Lease Agreement, the obligations hereunder imposed shall
be joint and several.
45. TIME IS OF THE ESSENCE:
Time is of the essence in the performance of each provision of this Lease Agreement.
46. AUTHORITY:
If Tenant is a corporation, each individual executing this Lease on behalf of said corporation
represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said
corporation, in accordance with the By -Laws of said corporation and that this Lease is binding upon said
Revised 10/08/98 17
corporation. If Tenant is a partnership, Tenant has authority on behalf of the partnership to enter into this
Lease Agreement.
47. CHOICE OF LAW:
This Lease Agreement shall be construed in accordance with the laws of the State of Florida, as may
be amended from time to time.
48. RADON GAS:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon
and Radon testing may be obtained from your county public health unit.
49. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT:
Notwithstanding anything contained in this Lease to the contrary - (a) Tenant shall be responsible and
required to ensure that its operations, at the premises, are in compliance with the Act and the regulations
interpreting the Act currently in effect or hereafter promulgated; (b) Landlord shall be obligated to comply with
the Act or the regulations interpreting the Act currently in effect or hereafter promulgated as they pertain to
the shopping center.
50. LANDLORD IMPROVEMENTS:
Landlord agrees, at its sole cost and expense, to perform or cause to be performed, the following
improvements ("Landlord's Improvements") to the Premises:
The installation of a sewer line from the street to the front of the Premises.
Landlord shall use all commercially reasonable efforts to complete Landlord's
Improvements within a reasonable time after the execution hereof by the parties hereto,
subject to delays caused by strike casualty, fire, injunction, action of the elements, or any
other cause beyond the control of Landlord. Every effort shall be made by the Landlord to
complete Landlord's improvements by the time the certificate of occupancy is issued, but not
later than sixty (60) days from commencement of this lease.
Landlord agrees to perform all improvements to the Premises ("Tenant's Improvements"). Tenant
shall assist in obtaining all permits and approvals required by any governmental agency in connection
therewith.
Tenant shall provide to Landlord detailed plans and specifications for Tenants improvements together
with a description of the scope of work to be performed. Landlord shall have a reasonable time after the
receipt of said plans and specifications from Tenant to approve the same or to submit any objections in writing
to Tenant. No improvements or alterations shall be made to the Premises until Tenant has received final
approval from Landlord. Landlord shall require that each contractor, subcontractor or other person providing
labor and materials to the Premises in connection with Tenant's Improvements obtain and maintain public
liability insurance with minimum limits of not less than $1 million combined single limit and workers'
compensation insurance in compliance with all statutory requirements. Prior to commencing Tenant's
Improvements, each such contractor, subcontractor or other person performing work at or to the Premises
shall deliver to landlord a duly executed certificate of insurance indicating the foregoing coverage and naming
Landlord as additional insured. Tenant shall protect, defend, indemnify and save Landlord harmless from any
and all claims, penalties, damages and expenses, including but limited to, court costs and attorney's fees,
whatsoever arising, directly or indirectly, out of or from the performance of Tenant's Improvements.
Revised 10/08/98 18
Landlord agrees to complete tenant improvements based on approved plans and
specifications within seventy-five (75 days).
Tenant agrees to reimburse Landlord an amount not to exceed $ 25,000.00 ("Reimbursement")
toward the actual cost of Tenant's Improvements. Tenant shall pay the Reimbursement to Landlord as
follows:
A. 50% within ten (10) days upon the full execution of this Lease.
B. Balance due within ten (10) days of the occurrence of all of the following:
(I) Tenants receipt of paid invoices for all work performed and materials supplied to the
Premises; and,
(ii) Tenants receipt of properly executed lien waivers, which shall be satisfactory to
Landlord in all respects, from all persons who performed services or supplied
materials to the Premises; and,
(iii) Tenant's opening for business in the Premises and the commencement of the
payment of full rent; and,
(iv) Landlord's receipt of a final certificate of occupancy for the Premises issued to the
Tenant by the appropriate governmental agency.
Revised 10/08/98 19
STATEMENT BY TENANT:
Upon demand of Landlord, or any prospective purchaser, mortgagee, or Tenant of the building of
which the Premises are a part, Tenant agrees to execute a statement of the condition of this Lease, including
the amount of monthly rental and the date to which the same has been paid, the amount of security held by
Landlord, the expiration date of this Lease, and whether any breach hereof exists.
IN WITNESS WHEREOF, Parties have made and executed this Agreement on the days and year first
set forth above, City of Tamarac, through it's mayor, and IRT, signing by and through its President
duly authorized to execute the same.
ATTEST -
CAROL GOLD,,A C/AAE
CITY CLERIC
ATTEST:
Sec.
SEAL
CITY OF TAMAR C, FLORIDA
J9 SCHREIBER, MAYOR
ROBERT S. NOE, JR., CITY MANAGER
IRT TAMARAC LAND TRUST
BY IRT PROPERTY COMPANY AS TRUSTEE
BY
PRINTED NAME
- -/6
Date
Revised 10/08/98 20
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