R26-089 RESOLUTION NO. R26-089
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, RATIFYING THE SECOND AMENDMENT TO THE
3 LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
4 THE MOST REVEREND GERALD M. BARBARITO, D.D.,J.C.L.,AS BISHOP
5 OF THE DIOCESE OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND
6 ASSIGNS FOREVER, A CORPORATION SOLE, WHICH EXTENDED THE
7 LEASE THROUGH JUNE 30, 2026;APPROVING A THIRD AMENDMENT
8 TO THE LEASE EXTENDING THE CURRENT LEASE UNTIL DECEMBER 31,
9 2026; AUTHORIZING THE MAYOR TO EXECUTE THE THIRD
10 AMENDMENT;AND FOR ALL OTHER PURPOSES.
11
12 WHEREAS, the Most Reverend Gerald M. Barbarito, D.D., J.C.L., as Bishop of the Diocese
13 of Palm Beach County, His Successors in Office and Assigns Forever ("Landlord"), and the City of
14 Boynton Beach ("Tenant"), entered into a Lease Agreement on June 26, 1992,for a term beginning
15 on July 1, 1992, and terminating on June 30, 2019, for the purpose of creating a passive park for
16 use by the public, approved by Resolution No. R92-83 on May 19, 1992; and
17 WHEREAS, since July 1, 2019, the Lease Agreement has continued month to month until
18 the date of this Amendment; and
19 WHEREAS, on June 18, 2024, the City Commission adopted Resolution No. R24-121
20 approving a First Amendment to the Lease Agreement extending the term through December 31,
21 2025, with authorization for additional six (6) month extensions upon written consent of both
22 parties and written proof that the Tenant is acting in good faith in applying for permits or
23 performing the planned removal work necessary to complete the restoration of the Premises;and
24 WHEREAS, pursuant to the authority granted under the First Amendment, the City
25 Manager executed a Second Amendment to the Lease on January 5, 2026, extending the Lease
26 Agreement through June 30, 2026; and
27 WHEREAS, Landlord and Tenant have continued to work cooperatively and in good faith
28 with applicable regulatory agencies to obtain the necessary permits to restore the Premises, and
29 additional time is required to complete the permitting and restoration work; and
30 WHEREAS, Landlord and Tenant wish to further amend the Lease Agreement to extend
31 its term an additional six (6) months, through December 31, 2026, to allow Tenant additional time
32 to obtain permits and restore the Premises and to surrender it to Landlord in substantially similar
33 condition and repair as received, excepting ordinary wear and tear; and
RESOLUTION NO. R26-089
34 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
35 best interests of the City's citizens and residents to ratify the Second Amendment and to approve
36 a Third Amendment to the Lease between the Most Reverend Gerald M. Barbarito, D.D., J.C.L., as
37 Bishop of the Diocese of Palm Beach County, His Successors in Office and Assigns Forever, a
38 Corporation Sole, and the City of Boynton Beach extending the current Lease until December 31,
39 2026.
40
41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
42 BEACH, FLORIDA, THAT:
43 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
44 being true and correct and are hereby made a specific part of this Resolution upon adoption.
45 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
46 ratify the Second Amendment to the Lease Agreement, executed January 5, 2026, between the
47 Most Reverend Gerald M. Barbarito, D.D., J.C.L., as Bishop of the Diocese of Palm Beach County,
48 His Successors in Office and Assigns Forever, a Corporation Sole, and the City, which extended
49 the Lease term through June 30, 2026, attached hereto as Exhibit A.
50 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
51 approve a Third Amendment to the Lease Agreement, between the Most Reverend Gerald M.
52 Barbarito, D.D.,J.C.L., as Bishop of the Diocese of Palm Beach County, His Successors in Office and
53 Assigns Forever, a Corporation Sole and the City extending the current Lease until December 31,
54 2026 (the "Third Amendment"), in form and substance similar to that attached as Exhibit B.
55 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
56 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute any
57 ancillary documents as may be necessary to accomplish the purpose of this Resolution, including
58 any term extensions as provided in the Agreement, provided such documents do not modify the
59 financial terms or material terms.
60 SECTION 5. The Mayor-executed Third Amendment shall be forwarded to Rismerling
61 Gomez to obtain execution of the Third Amendment by the Landlord. Rismerling Gomez shall be
62 responsible for ensuring that one fully executed Third Amendment is returned to the City, to be
63 provided to the City Clerk for retention as a public record.
RESOLUTION NO. R26-089
64 SECTION 6. This Resolution shall take effect in accordance with the law.
65
RESOLUTION NO. R26-089
68 PASSED AND ADOPTED this .4^J1 day of 3k1re. 2026.
69 CITY OF BOYNTON BEACH, FLORIDA
70 YES NO
71 Mayor— Rebecca Shelton ✓
72
73 Vice-Mayor—Thomas Turkin ✓
74
75 Commissioner—Angela Cruz ✓
76
77 Commissioner— Mack McCray V
78
79 Commissioner—Aimee Kelley
80
81 VOTE 6 -0
82 ATTEST:
83 .. n
84 At //..i/�'. ORA1.4 t�V`�
85 Tammy Stanzi-ane, CMC Rebecca Shelton
86 Interim City Clerk Mayor
87
88 APPROVED AS TO FORM:
89 (Corporate Seal)
gOYNT0`‘‘
90 �91 ,G�gPORq•.�,,14
14 )4(4//11
92 i V,• SEAL :z'; Shawna G. Lamb
93 •• INCORPORATED: , City Attorney
1920 . '
SECOND AMENDMENT TO LEASE
This SECOND AMENDMENT T.0- LEASE (hereinafter referred to as "Second
Amendment")entered into this day of✓4W8e ,20 Z( ,by and between THE MOST
REVERAND GERALD M. BARBARITO,D.D./J.C.L.,AS BISHOP OF THE DIOCESE
OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A
CORORATION SOLE,hereinafter referred to as the"Landlord"and the CITY OF BOYNTON
BEACH,FLORIDA,a municipal corporation organized and existing under the laws of the State
of Florida,hereinafter referred to as"Tenant"(each a"Party"and collectively the"Parties").
WITNESSETH:
WHEREAS,Landlord and Tenant entered into a Lease Agreement on June 26, 1992, for
a term beginning on July 1, 1992,and terminating on June 30,2019, for the purpose of creating a
passive park for use by the public; and
WHEREAS,from July 1, 2019 until June 17,2024, the Lease Agreement continued on a
month to month basis until the parties entered into an Amendment to the Lease on June 18,2024
("First Amendment"),the Lease Agreement and First Amendment are attached hereto as Exhibit
"A";and
WHEREAS,under the terms of the First Amendment,the Lease Agreement was extended
through December 31, 2025, but could be extended for six (6) months upon written consent of
both parties and written proof that the Tenant is acting in good faith in applying for permits or
performing the planned removal work, if necessary to complete the restoration of the Premises;
and
WHEREAS, Landlord and Tenant have worked cooperatively and in good faith in
applying for permits with the applicable agencies to restore the Premises, and the parties wish to
further amend the Lease Agreement to extend the term for an additional six(6)months to June 30,
2026;and
WHEREAS, all recitals, terms and conditions of that certain Lease Agreement and the
First Amendment shall be incorporated herein by reference; and except as modified herein, shall
remain in full force and effect.
NOW, THEREFORE,in consideration of the covenants herein contained by reference,
on the part of Tenant to be kept and performed, the parties hereby agree to amend the Lease
Agreement as follows:
Section 1. The above recitations are true and correct and incorporated herein.
Section 2. The Lease Agreement is hereby extended until midnight on June 30, 2026. The
Agreement may be extended in six (6) month increments thereafter upon written
consent of both parties and written proof that the Tenant is acting in good faith in
applying for permits or performing the planned removal work, if necessary to
1
complete the restoration of the Premises as contemplated herein. The City Manager
has the authority to execute any extensions on behalf of Tenant.
Section 3. Except as modified herein, all recitals, terms and conditions of that certain Lease
Agreement and the First Amendment shall remain in full force and effect. The
Agreement, as amended by the First Amendment and 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 by the First Amendment 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.
SIGNATURES ON FOLLOWING PAGE
2
IN WITNESS WHEREOF, the parties unto this Amendment have set their hands and
seals on the day and date first written above.
ATTEST: TENANT
CITY OF BOYNTON BEACH:
BY:r'bafrZ 4 BY. / — �'��
Voe, Maylee DeJe s Dan Dugger� �
City Clerk City Manager
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APPROVED AS TO FORM AND
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BY: aot4/ l�' r/
Shawna Lamb
City Attorney
DATE: // 6,
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raid M.Barbarito, '.,J.C.L.,
,' AI\ Bishop
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3
THIRD AMENDMENT TO LEASE
This THIRD AMENDMENT TO LEASE (hereinafter referred to as "Third
Amendment") entered into this Jhcc day of .Tven . , 2026, by and between THE
MOST REVEREND MANUEL DE JESUS RODRIGUEZ,AS BISHOP OF THE DIOCESE
OF PALM BEACH, HIS SUCCESSORS IN OFFICE AND ASSIGNS FOREVER, A
CORORATION SOLE,hereinafter referred to as the"Landlord"and the CITY OF BOYNTON
BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State
of Florida, hereinafter referred to as"Tenant"(each a"Party"and collectively the"Parties").
WITNESSETH:
WHEREAS, Landlord and Tenant entered into a Lease Agreement on June 26,
1992, for a term beginning on July 1, 1992, and terminating on June 30, 2019, for the purpose of
creating a passive park for use by the public; and
WHEREAS, from July 1, 2019 until June 17, 2024, the Lease Agreement
continued on a month-to-month basis until the parties entered into an Amendment to the Lease on
June 18, 2024("First Amendment"); and
WHEREAS,on January 5, 2026, the parties entered into a Second Amendment to
the Lease("Second Amendment"), pursuant to the authority granted under the First Amendment,
extending the term of the Lease Agreement through June 30, 2026; the Lease Agreement, First
Amendment, and Second Amendment are attached hereto as Exhibit"A"; and
WHEREAS, under the terms of the First Amendment, as amended, the Lease
Agreement may be extended upon written consent of both parties and written proof that the Tenant
is acting in good faith in applying for permits or performing the planned removal work,if necessary
to complete the restoration of the Premises; and
WHEREAS, Landlord and Tenant have continued to work cooperatively and in
good faith in applying for permits with the applicable agencies to restore the Premises, and the
parties wish to further amend the Lease Agreement to extend the term for an additional twelve(12)
months to June 30, 2027; and
WHEREAS,all recitals,terms and conditions of that certain Lease Agreement,the
First Amendment, and the Second Amendment shall be incorporated herein by reference; and
except as modified herein, shall remain in full force and effect.
NOW, THEREFORE, in consideration of the covenants herein contained by
reference, on the part of Tenant to be kept and performed, the parties hereby agree to amend the
Lease Agreement as follows:
Section 1. The above recitations are true and correct and incorporated herein.
Section 2. The Lease Agreement is hereby extended until midnight on June 30, 2027. The
Agreement may be extended in six (6) month increments thereafter upon written
consent of both parties and written proof that the Tenant is acting in good faith in
applying for permits or performing the planned removal work, if necessary to
Third Amendment to Lease
complete the restoration of the Premises as contemplated herein. The City Manager
has the authority to execute any extensions on behalf of Tenant.
Section 3. Except as modified herein, all recitals, terms and conditions of that certain Lease
Agreement,the First Amendment, and the Second Amendment shall remain in full
force and effect. The Agreement, as amended by the First Amendment, the Second
Amendment, and by this Third 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 by the First Amendment, the
Second Amendment, and this Third 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.
SIGNATURES ON FOLLOWING PAGE
Third Amendment to Lease
IN WITNESS WHEREOF, the parties unto this Amendment have set their hands and
seals on the day and date first written above.
ATTEST: TENANT
CITY OF BOYNTON BEACH:
.
BY: aryll/!najk ZLIkQ BY: /A
Tammy Stanz(one, CMC •---1R c Shelton
Interim City Clerk Mayor
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Cianna Figueroa ;6.: S lTF.��,• '
Print/Type Witness Name �� •(-4
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APPROVED AS TO FORM AND
LEGAL SUFFICIEN Y
BY: %W/ I
Shawna Lamb
City Attorney
Third Amendment to Lease
LANDLORD: f1/0/,
BY: //it -
THE MOST REVEEND /
MANUEL DE JESIA fGUEZ,
AS BISHOP O DIOCESE OF PALM BEACH,
HIS SUCCE. SORS IN OFFICE AND ASSIGNS,
A CORORATION SOLE
Witness
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Third Amendment to Lease