R24-093 1 RESOLUTION NO. R24-093
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE LEASE
5 AGREEMENT WITH LUTHERAN SERVICES FLORIDA, INC. FOR THE
6 LEASEHOLD PREMISES LOCATED AT 909 NE 3RD STREET; AND PROVIDING
7 AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
8
9 WHEREAS, on February 1, 2022, the City and Lutheran Services of Florida, Inc., entered
10 into a Commercial Lease Agreement ("Original Lease") for the leasehold premises located at 909
11 NE 3rd Street, Boynton Beach, FL; and
12 WHEREAS, on July 18, 2023, the Parties entered into a First Amendment ("First
13 Amendment") to the Original Lease, extending the term through July 31, 2024 (the Original Lease
14 and First Amendment are collectively referred to as the "Agreement"); and
15 WHEREAS, the Parties desire to amend the Agreement to extend the term for an
16 additional one-year term through July 31, 2025; and
17 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
18 the best interests of the citizens and residents of the City to approve a Second Amendment to the
19 Lease Agreement between the City of Boynton Beach and Lutheran Services of Florida, Inc., for
20 the leasehold premises located at 909 NE 3rd Street, extending the term for an additional one-
21 year term through July 31, 2025.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
23 BEACH, FLORIDA, THAT:
24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
27 approve a Second Amendment to the Lease Agreement between the City of Boynton Beach and
28 Lutheran Services of Florida, Inc., for the leasehold premises located at 909 NE 3rd Street,
29 extending the term for an additional one-year term through July 31, 2025, in form and substance
30 similar to that attached as "Exhibit A."
31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
32 authorizes the Mayor to execute the Amendment and such other related documents as may be
33 necessary to accomplish the purpose of this Resolution.
34 SECTION 4. The City Clerk shall retain one fully executed original of the Amendment as
35 a public record. Gail Mootz shall receive a copy to forward to Lutheran Services of Florida, Inc.
36 SECTION 5. This Resolution shall take effect in accordance with law.
37
38 PASSED AND ADOPTED this 7th day of May 2024.
39 CITY OF BOYNTON BEACH, FLORIDA
40 YES NO
41 Mayor–Ty Penserga
42
43 Vice Mayor–Aimee Kelley
44
45 Commissioner–Angela Cruz
46
47 Commissioner–Woodrow L. Hay
48
49 Commissioner–Thomas Turkin
50
51 VOTE
52 AT T:
53
54 °4# •
55 Mayl-- iiesus, MP•, MMC Ty
56 City Cler Mayo
57
58 ;—,AI O N EE
APV ROVED AS TO FORM:
59 (Corporate Seal) ...
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60 loS"
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62 v� �e _ Shawna G. Lamb
C: City Attorney
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SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND LUTHERAN SERVICES FLORIDA, INC.
+fl ry
This Second Amendment("Second Amendment") is entered into by and between the City
of Boynton Beach, a Florida municipal corporation ("City"), and Lutheran Services of Florida, Inc.,
a Florida non-profit corporation ("Tenant") (collectively referred to as the "Parties").
RECITALS
A. On February 1, 2022, the Parties entered into a Commercial Lease Agreement
("Original Lease") for the leasehold premises located at 909 NE 3rd Street, Boynton Beach, FL.
B. On July 18,2023,the Parties entered into a First Amendment("First Amendment")
to the Original Lease extending the term through July 31, 2024 (the Original Lease and First
Amendment are collectively referred to as the "Agreement").
C. The Parties desire to amend the Agreement to extend the term for an additional
one-year term through July 31, 2025.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, City and Tenant agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Second Amendment shall retain the meaning
ascribed to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Agreement is hereby extended to continue through and including July 31, 2025.
4. In the event of any conflict or ambiguity between this Second Amendment and the
Agreement, the Parties agree that this Second Amendment shall control. The Agreement, as
amended herein by this Second Amendment, incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein, and the Parties agree that there are no commitments, agreements, or
understandings concerning the subject matter hereof that are not contained in the Agreement
as amended in this Second Amendment. Accordingly, the Parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,whether oral
or written.
2nd Amendment to Lutheran Services Lease Page 1 of 3
5. Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by
entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign
immunity by City nor shall anything included herein be construed as consent by City to be sued
by third parties in any matter arising out of this Agreement.
6. The effective date of this Second Amendment shall be the date of complete execution by
the Parties.
7. This Second Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which,taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
2nd Amendment to Lutheran Services Lease Page 2 of 3
IN WITNESS WHEREOF, the Parties have executed this Second Amendment by their duly
authorized representatives.
CITY
CITY OF BOYNTON BEACH
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Approved as to form nd legality
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/ 4 LUTHERAN SERVICES FLORIDA, INC.
By/�
Authorized Signer
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Print Name and Title
/0 day of 9/3I,,) , 2024
SRW
3.13.24
Lutheran Services Lease 2"d Amendment
2"d Amendment to Lutheran Services Lease Page 3 of 3