R94-185RESOLUTION NO. R94-/zR.~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE ASSOCIATION FOR RETARDED CITIZENS OF
PALM BEACH COUNTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach, Florida has received a request from t
Association of Retarded Citizens of Palm Beach County for the use of classroom spa
in the old high school;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T!
CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The City Commission of the City of Boynton Beach hereby authoriz
and directs the Mayor and City Clerk to execute the Lease Agreement attached here
as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this f day of November, 1994.
ATTEST:
Cit~Clerk
(Corporate Seal)
CITY OF BOYN,TON BEACH, FLORIDA
Vice ~a~;or
ARC.Agr
1Q/27/84
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LEASE AGREEMENT ,./
;
THIS LEASE AGREEMENT, dated .,
CITY OF BOYNTON BEACH, FLORIDA, or its assigns (hereinafter called "Landlord"),
and the ASSOCIATION FOR RETARDED CITIZENS OF PALM BEACH COUNTY
(hereinafter called "Tenant"):
WITNESSETH:
In consideration of the obligation of Tenant to pay rent as hereinafter provided
and in consideration of the other terms, provisions and covenants hereof, the receipt
and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Premises and Term. Landlord hereby leases to Tenant, and Tenant
hereby takes from Landlord, premises more particularly identified and described as
Classrooms No. 101 and 106, located on the first floor of the Boynton Beach school
complex, at 140 East Ocean Avenue, Boynton Beach, Florida (hereinafter called
"Premises"), for a term commencing November 1,1994 through September 30, 1995,
unless terminated earlier.
2. Termirlstion and bir~ding contract. Landlord may terminate this
lease for its convenience upon ninety (90) days written notice to tenant and as provided
for in Section 11 herein. Under no circumstances shall Landlord be required to specify
grounds for termination of this Lease.
This Lease shall constitute a binding contract and agreement as of this date,
subject to the terms, conditions and provisions hereof.
3. Rent.
A. Tenant shall pay to Landlord at the rate of ONE and NO/100 ($1.00)
DOLLAR per year ("Base rent") during the Term, plus applicable State of Florida Sales
Tax.
B. Tenant may use the Premises for the operation of the ARC Vocational
Program, and for such other uses as are incidental to the operation thereof.
4. Telephone Charges. Tenant shall pay for all charges incurred for
the use of telephone and hook-up at the Premises. Tenant shall also be responsible
for and pay all utility and custodial services in the building at no cost to the Landlord.
5. ~ Tenant shall insure the Premises, shall insure against
property damage and public liability and shall provide such other insurance in
accordance with the schedule of required insurance attached hereto as Exhibit "A" and
made a part hereof.
6. Repairs and Maintenance.
responsibility of the Tenant.
Maintenance of the Premises shall be the
7. Alterations. Tenant shall not have the right to make any interior
alterations, additions or improvements to the Premises deemed necessary or
appropriate in connection with the requirements of its business, without the prior written
consent of the Landlord.
Damage by Fire or Other Casualty.
A. If the Improvements, or any material part of the Premises, should be
destroyed or damaged by fire or other casualty, Tenant shall immediately deliver
written notice thereof to the Landlord.
B. If the Improvements or any part of the :Premises should be totally
destroyed by fire or other casualty, or if they should be so damaged that rebuilding or
repairs cannot be completed within one hundred twenty (120) days after the date of
such damage, Tenant, by written notice to Landlord, may terminate this Lease
Agreement effective as of the date of such damage.
C. All insurance proceeds payable under insurance policies maintained by
Tenant by reason of the occurrence of such fire or other casualty paid to Tenant shall
be applied to the cost ~of repair of the Premises, unless this Lease Agreement is
terminated pursuant hereto, in which case all such insurance proceeds shall be paid to
Landlord except for those received by reason of the loss of Tenant's equipment, trade
and business fixtures, signs and other personal property.
D. Landlord shall hold Tenant responsible for all damage from fire and other
casualty if caused by Tenant, their employees, agents, clients or anyone acting on their
behalf. Furthermore, Landlord will not be responsible for damage by fire or other
casualty to equipment or property owned by the Tenant.
9. Liability and Indemnification.
A. Non-Liability of Landlord. Neither Landlord nor any beneficiary, agent,
servant, or employee of Landlord, shall be liable to Tenant for any loss, injury or
damage to Tenant or to any other person, or to its or their property, irrespective of the
cause of such injury, damage or loss.
B. Indemnification by Tenant. Tenant shall indemnify and hold Landlord
harmless from and against any and all claims from or in connection with: (a) any work
or thing whatsoever done, or any condition created (other than by Landlord) in or about
the Premises during the term of this Lease or during the period of time, if any, prior to
the Commencement Date that Tenant may have been given access to the Premises; (b)
any act, omission or negligence of Tenant or any of its subtenants or licensees or its or
their partners, directors, officers, agents, employees or contractors; (c) any accident,
injury or damage whatsoever (unless created by Landlord's negligence occurring in, at
or.upon the Premises; and (d) any default by Tenant in the full and prompt payment
and performance of Tenant's obligations under this Lease; together with all costs,
expenses and liabilities incurred in or in connection with each such claim or action or
proceeding brought thereon including, without limitation, all reasonable attorneys' fees
and expenses. In case any action or proceeding be brought against Landlord by
reason of any such claim, Tenant, upon notice from Landlord shall resist and defend
such action or proceeding ( by counsel reasonably satisfactory to Landlord).
10. Assignment and Subletting. Tenant shall not assign this Lease
Agreement or sublet the whole or any part of the Premises without the prior written
consent of Landlord, which consent Landlord shall not unreasonably withhold.
A. The following events shall be "Events of Default" under this Lease
Agreement:
(1) Tenant shall fail to pay any installment of rent which becomes due and
shall not cure such default within five (5) days after written notice thereof is given by
Landlord to Tenants;
(2) Tenant shall fail to comply with any term, provision or covenant of this
Lease Agreement, other than the payment of rent, and shall not commence to cure and
diligently pursue curing such failure within thirty (30) days after written notice thereof is
given by Landlord to Tenant (provided that if such default cannot reasonably be cured
within thirty (30) days, then Tenant shall have an additional reasonable period of time
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within which to cure such default);
(3) Tenant shall be adjudged insolvent, make a transfer in fraud of creditors
or make an assignment for the benefit of creditors;
(4) Tenant shall file a petition under any section or chapter of the National
Bankruptcy Act, as amended, or under any similar law or statute or the United States or
any state thereof, or Tenant shall be adjudged bankrupt or insolvent in proceedings
filed against Tenant thereunder;
(5) A receiver or trustee shall be appointed for all or substantially all of the
assets of Tenant.
(6) Tenant assigns or sublets the Premises without Landlord's consent,
except as otherwise permitted herein.
(7) Upon the vacation or abandonment of the Premises by Tenant at any time
dudng the Term.
option
notice
B. Upon the occurrence of any Event of Default, Landlord shall have the
to terminate this Lease and to pursue any remedies legally available without any
or demand whatsoever.
12. Landlord Right of Entry.. Landlord and its agents and representatives
shall have the option to terminate this lease and to pursue any remedies legally
available without any notice or demand whatsoever. Landlord has the right to enter the
remainder of the buildihng or to use the remainder of the building as Landlord so
deems necessary.
13. Warranty of Title. Quiet En!oyment. Subordination and Estoppel.
Landlord represents and warrants that it is the owner in fee simple of the Premises, and
that it alone has full right to lease the Premises for the term set out herein. Landlord
further represents and warrants that Tenant, on paying the rent and performing its
obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for th
term of this Lease Agreement as provided for herein.
14. Holding Over by Tenant. Should Tenant or any assignee, sublessee or
Licensee of Tenant hold-over the Premises or any part thereof after th expiration of the
Term unless otherwise agreed in writing, such hold-over shall constitute and be
construed as a tenancy from month-to-month in accordance with Chapter 83 of the
Florida Statutes, but otherwise upon the same terms and conditions.
15. Notices and Payments, Any notice, document or payment required or
permitted to be delivered or remitted hereunder or by law shall be deemed to be
delivered or remitted, whether actually received or not, when deposited in the United
States mail, postage prepaid, certified or registered, return receipt requested,
addressed to the parties hereto at the respective addresses set out below, or at such
other address as they shall have theretofore specified by written notice delivered in
accordance herewith:
Landlord:
City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Ten ant:
Retarded Citizens of Palm Beach County
140 East Ocean Avenue
Boynton Beach, FL 33425
16. ~ Tenant shall be responsible for security of the Premises.
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17. Miscellaneous.
A. In the event this Lease Agreement is terminated pursuant to a right to do
so herein contained, neither party hereto shall thereafter have any further obligation or
liability one to the other, and this Lease Agreement shall be of no further force or effect.
B. The captions used in this Lease Agreement are for convenience only and
shall not be deemed to amplify, modify or limit the provisions hereof.
C. Words of any gender used in this Lease Agreement shall be construed to
include any other gender, and'words in the singular shall include the plural and vice
versa, unless the context otherwise requires.
D. This Lease Agreement shall be binding upon and shall inure to the benefit
of the parties hereto and their respective legal representatives, successors, and
assigns.
E. This Lease Agreement contains the entire agreement of the parties hereto
with respect to the subject matter hereof and can be altered, amended or modified only
by written instrument executed by all such parties.
F. This Agreement shall be construed in accordance with the Laws of the
State of Florida.
G. If Landlord or Tenant brings suit against the other to enforce any term or
provision hereunder, the prevailing party shall be entitled to reimbursement from the
other party hereto for its court costs and reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
Agreement as of the day and year first above written.
CITY OF BOYNTON BEACH
FLORIDA ,,~
Edward Harmening, Mayor
RETARDED CITIZENS OF PALM
BEACH COUNTY
~City Clerk
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