Agenda 09-10-14 BOYNTON BEACH POLICE OFFICERS' PENSION FUND
SPECIAL BOARD MEETING - RESCHEDLUED
Wednesday, September 10, 2014 @ 10:00 AM
Renaissance Commons Executive Suites
1500 Gateway Blvd., Suite #220
Boynton Beach, FL 33426
AGENDA
I. CALL TO ORDER — Toby Athol, Chair
II. AGENDA APPROVAL
III. APPROVAL OF MINUTES — N/A
IV. FINANCIAL REPORTS: - N/A
V. CORRESPONDENCE: - N/A
VI. OLD BUSINESS: - N/A
VII. NEW BUSINESS:
A.) Invoices for review and approval:
1) Perry & Jensen— Service August 2014 - $1,993.65
B) New Computer Hardware /Software — Pension Office
1) Update of computer /printer equipment (hardware)
2) Operational software change in vendor
VIII. PENSION ADMINISTRATOR'S REPORT _
1) License Agreement — Renaissance Executive Suites
2) Deferred Vested Benefit — Nancy Aspenleiter
3) Alive & Well — Outstanding — Celestino, King & Linkous
IX. PUBLIC COMMENTS:
X. ADJOURNMENT:
Next Regular Meeting Date — Tuesday, November 18, 2014@ 10:30 a.m.
Renaissance Commons
If you cannot attend, please call Barbara @ 561- 739 -7972
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE POLICE OFFICERS' PENSION BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED
BY THE CITY. PLEASE CONTACT CITY CLERK'S OFFICE, (561) 742 -6060 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
S: \CC \WP \JANET\POLICE PENSION FUND.doc
1
THE LAW OFFICES OF
PERRY & JENSEN LLC
ANN H. PERRY BONNI SPATARA JENSEN
aperry@perryjensenlaw.com bsiensen@perryjensenlaw.com
• August 26, 2014
Via Email
Boynton Beach Police Officers' Pension Fund
Toby Athol
1500 Gateway Blvd., Suite 220
Boynton Beach, FL 33426
Re: Legal Services Provided Invoice #72577
Dear Toby:
Enclosed please find the Firm's invoice for services rendered for the
period that ended 8/15/2014. Thank you for your payment of $5,383.05. Your
current balance due is $1,993.65.
If you have any questions, please do not hesitate to contact me.
Sincerely yours,
Bonni S. Jensen
BSJ /Ig
Enclosure
Copy to: Barbara LaDue Via Email Only
400 EXECUTIVE CENTER DRIVE, SUITE 207❖ WEST PALM BEACH, FLORIDA 33401 -2922
PH: 561.686.6550 •:• Fx: 561.686.2802
•
•
THE LAW OFFICES OF PERRY & JENSEN, LLC
400 Executive Center Drive
Suite 207
West Palm Beach, FL 33401 -2922
Invoice submitted to:
Boynton Beach Police Officers' Pension Fund
Attn: Chairman
1500 Gateway Blvd., Suite 220
Boynton Beach, FL 33426
Copy to: Barbara LaDue - Via Email
August 26, 2014
In Reference To: FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS:
Client / File No.: 0188
Invoice #72577
Professional Services
Hrs /Rate 'Amount
Attendance at Trustee Meetings
Attendance at Trustee Meetings
8/12/2014 BSJ Attend Meeting 2.50 562.50
Attendance at Trustee Meetings 225.00 /hr
Attendance at Trustee Meetings
8/14/2014 LG Review Post Meeting Folder 0.30 22.50
Attendance at Trustee Meetings 75.00 /hr
SUBTOTAL: [ 2.80 585.00]
Forms
Forms
8/8/2014 LG Revise Premium Health Elections Form per Bonni's mark up 0.40 30.00
Forms 75.00 /hr
Forms
8/10/2014 BSJ Review and revise Health Insurance Premium Forms 0.25 56.25
Forms 225.00/hr
SUBTOTAL: [ 0.65 86.25]
Boynton Beach Police Officer& Pension Fund Page 2
Hrs /Rate Amount
Meeting Notices and Agendas
Meeting Notices and Agendas
8/11/2014 PH Prepare Attorney Report, Handouts, and Notebook for upcoming Meeting 1.50 112.50
- 8/12/14 75.00 /hr
Meeting Notices and Agendas
SUBTOTAL: [ 1.50 112.50]
Participant - Kenny
Participant - Kenny
7/28/2014 BSJ Review Letter from Paul Kelley re: Kenny Status 0.35 78.75
Telephone call with Toby Athol 225.00/hr
E -mail to Paul Kelley
Participant - Kenny
Participant - Kenny
PH E -mail to Barbara LaDue & Toby Athol re: Letter received from Paul 0.10 7.50
Kelley on Disability 75.00 /hr
Participant - Kenny
Participant - Kenny
7/29/2014 PH Telephone calls with 5 Neurologists in Broward County re: Performing 0.50 37.50
IME 75.00 /hr
Research Medical Licenses
Participant - Kenny
Participant - Kenny
8/11/2014 BSJ Prepare Memorandum to Board of Trustees re: IME Doctor Selection & 1.00 225.00
all CV's & Fee Schedules 225.00/hr
Participant - Kenny
Participant - Kenny
8/14/2014 PH Telephone call with Dr. Worth's Office to Schedule IME (Left message) 0.10 7.50
Participant - Kenny 75.00 /hr
Participant - Kenny
8/15/2014 BSJ Review Workers Compensation Records for Documents to Send to IME 1.25 281.25
Doctor 225.00/hr
Participant - Kenny
Boynton Beach Police Officers' Pension Fund Page 3
Hrs /Rate Amount
Participant - Kenny
8/15/2014 PH Scan, Redact, & Print Additional Medical Records from City, Dr. D'Ariano, 0.50 37.50
& Dr. Richman 75.00 /hr
Insert Medical Records into the Disability Notebook
Participant - Kenny
SUBTOTAL: [ 3.80 675.00]
Plan Document
Plan Document
7/22/2014 BSJ Telephone call with Gary Lippman 0.25 56.25
Plan Document 225.00/hr
Plan Document
BSJ E -mail to Gary Lippman re: SB1128 0.25 56.25
Plan Document 225.00/hr
SUBTOTAL: [ 0.50 112.50]
Policies - General
Policies - General
8/10/2014 BSJ Review and revise Policy on Health Insurance Premiums 0.25 56.25
Policies - General 225.00/hr
Policies - General
8/15/2014 BSJ Correspondence with Barbara LaDue re: Original Executed Policy 0.50 112.50
regarding Governing Overtime and Accumulated Leave Snapshot, as 225.00/hr
Required by SB 1128 and Policy for Payment of Health Insurance
Premiums
Policies - General
Policies - General
LG E -mail to Barbara LaDue, Chairman & Secretary re: Executed Policy 0.30 22.50
regarding Governing Overtime and Accumulated Leave Snapshot, as 75.00 /hr
Required by SB 1128 and Policy for Payment of Health Insurance
Premiums along with Corresponding Election Form
Ship via UPS to Barbara LaDue re: Original Executed Policies
Policies - General
SUBTOTAL: [ 1.05 191.25]
•
•
Boynton Beach Police Officers' Pension Fund Page 4
Hrs /Rate Amount
State Monies
State Monies
8/7/2014 BSJ E -mail to Trustees re: 185 Monies 0.25 56.25
State Monies 225.00/hr
State Monies
8/11/2014 BSJ Telephone call with Sarah Carr re: Supplemental Plan 0.20 45.00
State Monies 225.00 /hr
SUBTOTAL: 0.45 101.25]
[
For professional services rendered 10.75 $1,863.75
Additional Charges :
Bill File
8/15/2014 Copy Charges 129.90
SUBTOTAL: 0 [ 129.90]
Total additional charges $129.90
For professional services rendered 10.75 $1,993.65
Total amount of this bill $1,993.65
Previous balance $5,383.05
Accounts receivable transactions
8/21/2014 Payment - Thank You!. Check No. 053481 ($5,383.05)
Total payments and adjustments
($5,383.05)
Balance due $1,993.65
•
" Barbara Ladue
From: Evie Journet [Evie.Journet @stiles.com]
Sent: Friday, September 05, 2014 10:00 AM
To: BB POLICE & FIRE PENSION FUND
Subject: License Agreement
Attachments: 1553537 - Form License Agreement - BB Police and Fire Pension Funds.docx
Hi Barb...
Attached please find your new License Agreement commencing on October 1, 2014.
Please review, initial every page on the bottom right, sign page 11 and return to me at your earliest convenience.
Thanks, Evie
N. I Evie J. Journet
li r i 4 Executive Suites Manager I Property Management
-- Invest43ui;d-Manage
1500 Gateway Blvd. Suite 220, Boynton Beach, FL 33426 1 561- 739 -7917 1 WWW.STILES.COM
� 2A
The information in this email and any attachments are confidential and may be legally privileged. It is intended
solely for the addressee(s). Access to anyone else is unauthorized. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication is strictly prohibited. If this
message has been sent to you in error, do not review, disseminate, distribute or copy it. If you are not the
intended recipient, please delete this email.
1
LICENSE AGREEMENT
Renaissance Executive Suites
THIS LICENSE AGREEMENT (this "Agreement ") is made by and between
licensor, REDUS ONE LLC, a Delaware limited liability company, with a mailing address
of 301 South College Street, Charlotte, NC ( "SUITES"), and licensee, BOYNTON
BEACH POLICE AND FIRE PENSION FUNDS ("CLIENT "), made this 5 day of
September, 2014 (the "Effective Date ").
In consideration of the mutual covenants, agreements and stipulations contained
in this Agreement, and payment of the sum shown as the "TOTAL DUE" on the form
attached hereto as Exhibit "A" and incorporated herein, SUITES and CLIENT agree as
follows:
1. LICENSE: SUITES grants to CLIENT an exclusive License for the term
("Term ") commencing on OCTOBER 1, 2014 ("Commencement Date ") and ending
on the last day of SEPTEMBER, 2015 ("Termination Date "), to use and occupy the
private executive office known as Suite: 207 (the "Office ") located at 1500 Gateway
Boulevard, #220, Boynton Beach, Florida (the "Premises ").
2. OCCUPANCY FEE: CLIENT shall pay to SUITES, as the "Occupancy
Fee", the sum of NINE THOUSAND EIGHT HUNDRED FIFTY SIX DOLLARS AND EIGHTY
CENTS ($9,856.80) excluding tax, payable without demand and without deduction,
except as expressly provided herein, in equal monthly installments of EIGHT HUNDRED
TWENTY ONE DOLLARS AND FOURTY CENTS ($821.40) , excluding tax, each in
advance on the first day of each and every month, to commence on the 1 day of
OCTOBER, 2014 and to continue each month thereafter until the total Occupancy Fee
is paid in full. If the Commencement Date or Termination Date is a date other than the
first day of the month, then the Occupancy Fee for the first or the last month shall be
prorated, based upon each day of occupancy constituting a fraction of the month. The
Occupancy Fee will increase no more than five percent (5 %) annually during the
original term of this Agreement.
3. BASIC SERVICES: The following services and amenities are included
within the Occupancy Fee: Office; reception area; conference rooms (eight hours
per month per office); kitchen facility; receptionist; telephone answering; one (1)
telephone handset; call screening; messaging; incoming mail in mail boxes; package
and overnight mail receipt; utilities; Office furniture; janitorial service on Monday,
Wednesday, and Friday weekly; available staff and notary public services (the "Basic
Services "). Provided, however, that CLIENT'S use of Basic Services shall be
reasonable, and, if deemed to be unreasonable in the sole and reasonable discretion of
SUITES, CLIENT may be charged by SUITES a reasonable "Additional License Fee"
for the excess use or CLIENT may be precluded from excess use. Additionally, the
receptionist services provided herein as part of the Occupancy Fee during the Term of
Redus One, LLC CLIENT
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this Agreement shall only include the services of up to two (2) receptionists; however,
SUITES shall only be obligated to make available one (1) receptionist for CLIENT'S use
subject to the terms as set forth hereafter. Notwithstanding anything to the contrary
provided herein, such receptionist services provided by SUITES shall only be available to
CLIENT during the hours of 9:OOAM to 5:OOPM EST, Monday through Friday and shall
not be available on weekends, legal holidays or work holidays scheduled by SUITES (the
'Receptionist Hours'). The Receptionist Hours are subject to change at any time (i)
in the case of emergency or occurrence of events beyond the control of SUITES and (ii)
in the sole discretion of SUITES, provided SUITES shall provide notice to CLIENT only of
any permanent changes to the Receptionist Hours. SUITES shall not be responsible to
CLIENT for any changes to the Receptionist Hours and any such changes by SUITES
shall not constitute a default by SUITES hereunder. Client agrees to pay a one (1) time
non - refundable Activation Fee of Two Hundred Seventy Five and No /100 Dollars
($275.00) to establish a new Office, mail, and telephone programming.
4. SUPPORT SERVICES: SUITES shall make available to CLIENT certain
services, which are more particularly described on the "Support Services Price List"
attached hereto as Exhibit "B" and made a part hereof (the "Support Services "). In
the event that CLIENT utilizes any of the Support Services, a service fee therefore shall
be invoiced to CLIENT on or before the first day of the next month, along with CLIENT'S
Occupancy Fee for that month. For the purpose of this Agreement, the service fees
for the Support Services shall be considered an Additional License Fee.
5. REVISION TO BASIC OR SUPPORT SERVICES: SUITES reserves the
right, from time to time, and at its sole and absolute discretion, to add or replace any of
the Basic Services or Support Services, and to modify the service fee schedule for
Support Services accordingly. All additions, deletions or service fee modifications, unless
of an emergency nature, shall be effective thirty (30) days from written notice of the
changes by SUITES to CLIENT.
6. OFFICE FURNISHINGS: CLIENT'S personal office furniture, fixtures
and accessories (collectively "Office Furnishings ") shall be subject to approval of
SUITES, which approval shall not be unreasonably withheld. All office furnishings shall
be consistent and compatible with the operation of a first class shared office
environment. All office furnishings shall be removable without damage to the office. In
the event the installation or removal of any office furnishings damages the Office or the
Common Areas (hereinafter defined), CLIENT shall be responsible for the cost of
repair, which cost shall be considered an Additional License Fee. SUITES shall
provide CLIENT with a basic furniture package which shall include an executive desk
with return, file cabinet, desk chair and a side chair. CLIENT shall be responsible for
any damage to said furniture, reasonable wear and tear excluded, which damage shall
be considered an Additional License Fee.
7. OFFICE EQUIPMENT: CLIENT shall not install or operate in the Office,
refrigerators, ovens, microwave ovens or coffee pots without first obtaining the prior
Redus One, LLC CLIENT
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I I I
written consent of SUITES. If consent to installation and operation is granted, CLIENT
shall not provide nor permit other clients access to or use of the permitted equipment,
whether for a fee or gratuitously. CLIENT may otherwise install and operate in the
Office any electrically operated business equipment normal and customary for a modern
office, and which does not require a separate electrical circuit, is not excessively heat
producing, does not produce excessive noise or odor, and is not a fire hazard. If, in the
sole opinion of SUITES, CLIENT installs and operates equipment in the Office that shall
require a separate electrical circuit, is excessively heat producing, does produce
excessive noise or odor, or is a fire hazard, CLIENT shall remove such equipment
forthwith upon written notice request from SUITES.
All computer equipment installed in CLIENT'S office must be pre- approved by
SUITES and coordinated with an IT consultant chosen by SUITES. If CLIENT'S
equipment includes switches, routers, etc., CLIENT will be charged an additional fee by
the IT consultant chosen by SUITES for install of this equipment.
8. FURNITURE AND EQUIPMENT RENTAL: Any rented or leased office
furniture, furnishings or office equipment shall require the prior approval of SUITES in
its sole discretion and, if so approved, CLIENT shall deliver to SUITES a copy of the
rental or lease agreement.
9. UTILITY SERVICES: The Occupancy Fee shall include, without further
cost to CLIENT, janitorial service on Monday, Wednesday and Friday, lighting, electrical,
and elevator service. Additionally, heating and air conditioning will be provided during
normal office hours, including Saturdays, at no additional charge. If for any reason
there should be any suspension or interruption of any of the utility services or facilities
mentioned above, SUITES shall not be liable to CLIENT for such suspension or
interruption, and SUITES shall have a reasonable time within which to restore such
services. If CLIENT requires the use of air conditioning at times other than as set forth
above, SUITES may provide the same and charge a service fee to CLIENT, which shall
be deemed an Additional License Fee.
10. PARKING: Parking is available to CLIENT, CLIENT'S customers, clients,
invitees, agents, guests and employees. It is understood that these available parking
spaces may be exclusively used by CLIENT between the hours of 8:00 AM to 5:00 PM,
Monday through Friday and from 8:00 AM to 12:00 PM on Saturdays. At all other times
these spaces will be open to the public on a first come, first serve basis. CLIENT shall
obey and comply with parking rules and regulations established by SUITES, as revised
from time to time at the election of SUITES, regarding parking. SUITES reserves the
right to assign specific spaces at a future date.
11. COMMON AREAS: CLIENT shall be entitled to the reasonable use of the
common areas and amenities ("Common Areas "), which for purposes of this
Agreement shall include the reception area, conference rooms, kitchen, hallways,
support room, copy areas and other areas dedicated as Common Areas along with
Redus One, LLC CLIENT
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common areas of the Premises, subject, however, to all conditions and limitations set
forth in their Agreement, and such rules and regulations as may hereinafter be
promulgated by SUITES. Such rules and regulations shall take effect, except in the
event of an emergency, upon thirty (30) days advance written notice to CLIENT. Use of
the Common Areas shall be on an as available first -come, first serve basis and, in the
case of conference rooms, on a pre - scheduled basis at any of SUITES' locations. All
Common Areas are maintained by SUITES as smoke -free environments.
12. USE OF OFFICE: During the term of this Agreement, the Office shall be
used and occupied for normal office use and incidental and ancillary uses thereto, for
the conduct of CLIENT'S business, and for no other purpose whatsoever, and shall be
used solely by CLIENT. If CLIENT is not one individual, the person(s) permitted to use
the office shall be subject to CLIENT'S permission and the terms of this Agreement.
CLIENT shall comply with all present and future laws, ordinances, regulations and
orders of all agencies and branches of the federal, state and local governments having
authority, and any other public authority having jurisdiction over SUITES, CLIENT and
the Premises as well as all rules and regulations of SUITES. CLIENT shall obtain and
provide SUITES with copies of all appropriate occupational licenses for CLIENT'S
business. CLIENT, its employees, agents and invitees shall conduct business in such a
manner as to be compatible with other clients of SUITES, and shall also conduct its
business in such a way as to not interfere or disrupt other clients of SUITES or with the
function and work of SUITE'S employees. CLIENT shall make no alterations,
installations, additions or improvements in or to the Office without the prior written
consent of SUITES. Installations, additions and improvements, including but not limited
to built -in furniture, become the property of SUITES upon termination of this
Agreement. CLIENT or CLIENT'S employees, agents, and invitees shall not make
excessive noise or create odors that are offensive to any other user of the Premises.
SUITES Manger shall have the sole right of enforcement with respect to noise and odor
complaints.
13. ASSIGNMENT BY CLIENT: This Agreement is not assignable by CLIENT
without the prior written consent of SUITES which will not be unreasonably withheld.
CLIENT may enter into any sublicense agreements without the prior written consent of
SUITES. CLIENT may provide to SUITES a substitute client and if SUITES and such
substitute client enter into a mutually acceptable license agreement for the Office, then
the Termination Date of this Agreement shall be co- incident with the commencement
date of the substitute client's license agreement. No termination will be effective unless
a mutually acceptable agreement evidencing the termination is executed by all parties
concerned.
14. INSURANCE: CLIENT agrees to provide SUITES with a certificate of
insurance evidencing general liability coverage with liability limits of not less than
$1,000,000.00 per occurrence and $1,000,000.00 general aggregate. REDUS ONE
LLC, a Delaware limited liability company, shall be named as additional insured on
CLIENT'S insurance certificate. The insurance coverage shall remain in full force and
Redus One, LLC CLIENT
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effect during the Term of this Agreement and renewals thereof. If at any time CLIENT
does not provide an appropriate and current certificate of insurance, or if SUITES
receives notification of cancellation of such insurance, SUITES may, but is not obligated
to, obtain insurance for CLIENT, and the premium therefore shall be paid by CLIENT as
an Additional License Fee.
15. INDEMNIFICATION / RELEASE: CLIENT shall indemnify and hold j
SUITES harmless from and against any loss, damage or liability occasioned by or
resulting from: any willful or negligent act on the part of CLIENT, its agents, employees
or invitees, or persons permitted on the Premises by CLIENT; or any claim arising out of
or related to the operation of CLIENT'S business. CLIENT waives and releases any such
claim it or its employees, agents, invitees, guests, customers and /or clients, may have
against SUITES for any cause whatsoever.
16. TELEPHONE SERVICE: Pursuant to State of Florida Public Service
Commission, SUITES operates a shared tenant service (" STS' telephone system.
SUITES shall provide line assignments and other telephone services, including long
distance services (at an additional cost, which shall be paid by CLIENT as an
Additional License Fee). If, for any reason, there should be any suspension or
interruption of the STS service, SUITES shall not be liable to CLIENT for such
suspension or interruption, but SUITES shall apply its reasonable effort to restore such
services as soon as possible.
17. EMPLOYMENT OF SUITES' EMPLOYEES: CLIENT recognizes that
SUITES has expended considerable time, effort and expense in hiring and training
SUITES' employees in order to provide a first -class shared office environment with
related services to CLIENT. In the event CLIENT hires or employs any of SUITES'
employees, SUITES would be forced to expend additional time, effort and expense in
training new employees, the amount of which cannot be determined with certainty.
Therefore, should CLIENT, during the Term hereof, or within six (6) months immediately
after the Termination Date, hire or employ an employee of SUITES, CLIENT shall pay to
SUITES, as a procurement fee, the sum of Five Thousand and No /100 Dollars
($5,000.00). The procurement fee shall be deemed an Additional License Fee. This
provision shall survive the termination of this Agreement.
18. STORAGE: CLIENT shall not store nor place any object(s) of personal
property of any kind whatsoever in any Common Areas or vacant office without the
prior written consent of SUITES. SUITES assume no liability for the personal property
of CLIENT.
19. ASSIGNMENT BY SUITES: This Agreement shall be assignable by
SUITES at its sole and subjective discretion without CLIENT'S prior approval or consent.
This Agreement may, from time to time, without CLIENT'S prior approval or consent, be
assigned as collateral to secure any obligation of SUITES. Any such assignment shall be
subject to the terms of this Agreement.
Redus One, LLC CLIENT
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20. LATE CHARGE: If CLIENT fails to pay the Occupancy Fees and /or
Additional License Fees (`'Fees' within five (5) calendar days of the due date, a late
payment charge shall be assessed by SUITES equal to five percent (5 %) of the total
outstanding balance, or twenty five dollars ($25.00) per calendar day until the balance
is paid in full, whichever is greater. If CLIENT disputes all or some portion of an invoice
or statement (the "Disputed Charges "), CLIENT shall remit to SUITES payment in full,
along with a written request for explanation or substantiation of the disputed charges.
If, however, part or all of such Fees paid by CLIENT should prove to be erroneous, then
SUITES shall, on the next monthly statement, credit CLIENT'S account with a sum equal
to the amount of the erroneous Fees paid by CLIENT plus an erroneous billing charge
equal to five percent (5 %) of such Fees.
21. DEFAULT:
(a) DEFAULT IN PAYMENT OF FEES: If the Fees are not paid
within five (5) calendar days of the due date, CLIENT shall be in default without any
further notice or demand. Time is of the essence!
(b) OTHER DEFAULTS: Each agreement of CLIENT contained in this
Agreement and any exhibits attached hereto are material and of the essence of this
Agreement, and if CLIENT shall fail to perform or does, in the reasonable opinion of
SUITES, breach, in whole or in part, any covenants, agreement, or stipulations in this
Agreement to be kept by CLIENT, other than the payment of Fees addressed in
subsection (a) of this Paragraph 21, SUITES may give CLIENT written notice that
CLIENT shall have five (5) days from receipt of such written notice to cure and remedy
such failure or breach, and in the event CLIENT does not cure and remedy such failure
or breach within said five (5) day period, then CLIENT, without further notice or
demand, shall be in default hereunder.
(c) ABANDONMENT OF PREMISES: In the event CLIENT shall
cause its personal property to be removed from the Office to such an extent as to
reasonably lead SUITES to believe CLIENT has abandoned or intends to abandon the
Premises while this Agreement remains in effect, or commits any other act or acts
evidencing an intent to abandon the Premises, this Agreement may be terminated by
SUITES without notice or demand.
(d) TERMINATION: SUITES and CLIENT shall have the right to cancel
this Agreement for any reason and at any time "at will" during the term hereof by
providing the other party with thirty (30) days prior written notice of such cancellation.
Additionally, in the event of any default or abandonment as described in subparagraphs
(a), (b) or (c) of Paragraph 21, this Agreement may be deemed terminated, null and
void, at the election of SUITES, and SUITES, with or without process of law, and with or
without prior notice, may (i) enter the Office to expel, remove and put out CLIENT,
together with any and all property belonging to CLIENT, (ii) exercise dominion, control
Redus One, LLC CLIENT
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and occupancy of the Office in same manner as before the execution of this Agreement,
(iii) terminate CLIENT'S telephone service, and (iv) over -lock the Office.
(e) ACCELERATION AND LIEN: Upon default as described in
subparagraphs (a), (b) or (c) of Paragraph 21, the Occupancy Fee shall be accelerated
and the full amount due, less amounts previously paid shall be immediately due and
payable to SUITES. Without further demand, CLIENT shall be obligated to pay to
SUITES the full accelerated amount of the Occupancy Fee. SUITES shall have a lien
upon all goods, chattels and personal property of any description belonging to CLIENT
that are placed in, or become part of, the Office, as security for payment of Occupancy
Fees and /or Additional License Fees, which lien shall not be in lieu of, or in any
way affect, any other remedy of SUITES, and which shall be cumulative thereto. The
Occupancy Fees and /or Additional License Fees due and payable upon default
shall bear interest at eighteen percent (18 %) per annum until fully paid.
(f) ENFORCEMENT OF LIEN: In order to enforce its lien, SUITES
may take possession of all CLIENT'S goods, chattels and personal property in the Office
and sell such property at public or private sale, after giving CLIENT reasonable written
notice of the time and place of the public or private sale, for such prices and upon such
terms as SUITES deems best. The proceeds of such sale shall be applied (i) first to the
necessary and proper expenses or removing, storing and selling such property, (ii) then
to payment of all Fees due, plus interest, and (iii) with the balance remaining, if any, to
be paid to CLIENT.
(g) REMEDIES CUMULATIVE: All rights and remedies of SUITES
under this Agreement shall be cumulative and exercise of any one of SUITES' rights or
remedies shall not exclude any other right or remedy available in law or equity.
22. SURRENDER: CLIENT agrees to and shall, on the Termination Date or
upon earlier default, promptly surrender and deliver the Office to SUITES without
demand therefore, in good and clean condition, ordinary wear and tear excepted.
CLIENT shall be responsible to SUITES for the cost of any repair of damage, or cleaning
of the office beyond ordinary wear and tear.
23. OCCUPANCY FEE DEPOSIT: CLIENT has deposited with SUITES an
Occupancy Fee deposit in the amount of NINE HUNDRED TWENTY FIVE AND ZERO
CENTS ($925.00), as security for the full and faithful performance by CLIENT of this
Agreement. The deposit shall be returned to CLIENT within a reasonable time period
after CLIENT has satisfied all of the following: (a) vacated the Office, (b) has left the
Office and its furnishing in an acceptable condition, (c) returned all keys and security
fobs, and (d) has paid all Fees. If, upon vacating the Office, CLIENT owes to SUITES
any Fees, fails to return any keys or security fobs, has damaged the Office, or does not
surrender the Office in the clean condition as it existed at the commencement of the
term, ordinary wear and tear excepted, the amount owing, the cost of repair and /or the
cost of cleaning, shall be deducted from the security deposit, and the balance, if any,
Redus One, LLC CLIENT
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0001010 \159741 \1553537v3
shall be returned to CLIENT within a reasonable time period. All interest earned on the
security deposit held by SUITES shall inure to the benefit of SUITES.
24. RENEWAL AND HOLDOVER: This Agreement shall automatically renew
for successive one (1) year time periods provided CLIENT does not give SUITES written ;
notice of CLIENT'S intent to terminate at least thirty (30) days prior to the Termination
Date. Time is of the essence with regard to this notice. In the absence of a written
agreement to the contrary, the Occupancy Fee set forth in Paragraph 2 herein shall
increase by a rate not to exceed five percent (5 %) per year for each year that this
Agreement is renewed. In the event that CLIENT has given timely notice of CLIENT'S
intent to terminate on a Termination Date and CLIENT shall not immediately surrender
the Office on the Termination Date, CLIENT shall, by virtue of the provisions of this
Paragraph, become a CLIENT for the month at a monthly Occupancy Fee amount of
two hundred percent (200 %) of the last full monthly Occupancy Fee paid under this
Agreement. Thereafter, CLIENT shall give SUITES written notice of its intention to
vacate the Office, such notice to be iven within thirty (30) days before the first
9 rtY ( ) Y
business day of the month during which CLIENT intends to vacate. Regardless of the ,
day of the month CLIENT vacates, the full two hundred percent (200 %) of the
Occupancy Fee shall be due and payable, and SUITES may nevertheless, demand
possession, and Paragraph 21 herein, shall apply. In all events described in this
Paragraph, CLIENT shall also be responsible for Additional License Fees incurred
during the period of time that CLIENT occupies the Premises after a Termination Date.
25. TAXES: Any and all taxes, fees and assessments, including, but not
limited to, license fees, fees for permits, profits, sales, use taxes, personal property
taxes, or any other taxes that may be levied or assessed upon the assets, business or
capital of CLIENT'S business conducted in the Office at SUITES, or upon CLIENT'S
income from such business, or on the inventory maintained by CLIENT, or on the
equipment used by CLIENT, by any duly constituted local, city, county, state, federal or
other governmental agency or taxing authority, shall be the responsibility of and paid by
CLIENT. Since Fees requires the payment of State of Florida sales and use tax, such tax
will paid by CLIENT, simultaneously with payment of Fees.
26. LOSS OR PARTIAL LOSS OF PREMISES:
(a) If the Premises are rendered unusable by fire or other casualty, or
is wholly appropriated for public use, or if, because of extensive damage by fire or other
casualty, or extensive appropriation for public use, to any other part of the Premises,
and SUITES decides to discontinue its business at the Premises, this Agreement shall
terminate.
(b) SUITES shall not be liable in any manner for any loss or damage
suffered by CLIENT because of the happening of any of the events and conditions set
forth in Subsection (a) of this Paragraph.
Redus One, LLC CLIENT
8
0001010 \159741 \1553537v3
27. BROKER: CLIENT and SUITES each represent to each other that no
broker was involved in procuring of this Agreement, except (the
"Named Broker "). SUITES shall pay a commission to the Named Broker and shall
indemnify and hold CLIENT harmless from any commission demand made by the
Named Broker against CLIENT. In the event any broker, other than the Named Broker,
claims a commission on account of this transaction, the party through whom the broker
claims a commission shall indemnify and hold the other party harmless from such
commission. In the event CLIENT defaults under this agreement and vacates the Office
prior to the Termination Date, CLIENT shall pay to SUITES, as an Additional License
Fee, a pro -rata portion of the commission paid by SUITES to the Named Broker.
28. GENERAL TERMS:
(a) Binding Effect: This Agreement shall be binding upon and shall
inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and /or assigns.
(b) Applicable Law: This Agreement shall be construed and enforced
under, and in accordance with, the internal laws of the State of Florida. Venue of any
legal proceeding under this Agreement shall be in Palm Beach County, Florida. CLIENT
waives jury trial in any legal proceeding. In any legal proceeding for possession, CLIENT
shall not plead any counterclaim.
(c) Whole of the Agreement: This Agreement, including writings
incorporated by reference and any exhibits attached hereto and not specifically
incorporated by reference, constitutes the sole and complete agreement of the parties
hereto, and supersedes any prior understanding or other written or oral agreements
between the parties regarding the subject matter of this Agreement.
(d) Not a Lease: This Agreement is a License to use real property and
CLIENT acknowledges and agrees this Agreement is not a lease of real property.
CLIENT acknowledges and agrees that the provisions of the Florida Landlord and Tenant
Act, Chapter 83, Florida Statutes, as the same now exists or may be amended from
time to time, do not apply to this Agreement or the relationship between CLIENT and
SUITES.
(e) Notice: Any written notice required under this Agreement shall be
deemed delivered to CLIENT by placing it in CLIENT'S mailbox at SUITES, or mailed by
certified mail, return receipt requested, to an additional address designated in writing to
SUITES by CLIENT, and if to SUITES, by delivery to SUITES' designated manager of the
Premises, and acknowledged by a signed receipt executed by such manager on a copy
of such notice, or by certified mail to SUITES' address.
Redus One, LLC CLIENT
9
0001010 \159741 \1553537v3
(f) Credit Reporting: CLIENT understands that SUITES has the right
to report, and will report, any deficient payments of Fees to the appropriate credit
reporting service.
(g) Attorneys' Fees and Costs: In the event SUITES is required to
employ an attorney to enforce any provision of this Agreement, CLIENT, as an
Additional License Fee, shall pay to SUITES its actual attorneys' fees incurred and
court costs, including paralegal fees and trial expenses on appeal.
(h) Computation of Time: If any act is required to be performed
within a specific time, the first day shall not be counted. If the last day is a Saturday or
Sunday, the date of performance shall be the following Monday, and if the last is a legal
holiday, the date of performance shall be the next day that is not a holiday, Saturday or
Sunday.
(i) Non - Waiver: Failure by SUITES to insist upon CLIENT'S
performance of any covenant or the occurrence of any condition hereunder shall not
constitute a waiver of SUITES' right to insist upon such performance or occurrence
thereafter, unless such waiver is evidenced in writing specifically executed by SUITES
for the purpose of effecting such waiver.
(j) Severability: If any provision(s) of this Agreement is judicially
determined to be unenforceable, such provision(s) shall be severed and the remainder
of the Agreement shall stand, and continue in full force and effect.
(k) 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 health
department.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Redus One, LLC CLIENT
10
0001010 \159741 \1553537v3
• I
IN WITNESS WHEREOF, the parties intending to be legally bound have
executed this Agreement as of the Effective Date.
WITNESSES: SUITES:
REDUS ONE, LLC, a Delaware limited
liability company
Property Management, By: Stiles op rty g , as
authorized agent
Name: SUSAN MARZINA
By:
Name: EVELYN 17OURNET
Name: BETH BEALE Its:
CLIENT:
BOYNTON BEACH POLICE AND FIRE
PENSION FUNDS
Name: SUSAN MARZINA
By:
Name: BETH BEALE Name:
Title:
Redus One, LLC CLIENT
11
0001010 \159741 \1553537v3
Exhibit "A"
Amounts Due
Nenaiaaance Executive Suite
Exhibit "A"
Amounts Due
Rent per month (Suite: 207) $821.40
Telephone Package includes:
One (1) Telephone Handset
One (1) Main DID with 1 extension
Unlimited Local Phone Service
Voice Mail
Call Forwarding
1 Fax. Line 159.00
Additional Servrces
Additional Handsets with extensions $75.00 each
High Speed Internet Access $50.00 per person 1
One time activation fee for Internet Service $25.00 50.00
SUB - TOTAL: 1,030.40
6% Sales Tax EXEMPT
MONTHLY RECURRING CHARGES: $1,030.40
One Time Initial Activation Fee •
(Includes administrative costs to establish new
Office, mail, phone and programming). N/A
One Month Deposit ($925.00 on file as of 10/01/2008) N/A
Redus One, LLC CLIENT
.fReaaiaaance &tecufiue Suites
Sununav of Supped Seawicea
Efectiue date: ardi 1, 2014
Exhibit "B"
Support Services Price List
Copying and Printing (on a monthly basis)
Outgoing Facsimile Transmission 1 -100 pages $.75 / per page
100+ pages $.50 / pe r pag e
Photocopies and Network Printing
. -Black & White Copies 1 -700 copies $0.12 per copy
701 -1000 $0.10 per copy
1001+ $0.08 per copy
-Color Copies $1.00 per page
Administrative Support
Admin Support $29.00 per hour
Word Processing $29.00 per hour
Additional Services
Conference Room $25.00 per hour (over your
allotted hours)
Federal Express and DHL Carrier Charge
U.S. Mail Price of Postage + 25%
Catering Services Available upon request
Office Supplies Available upon request
Redus One, LLC CLIENT
Barbara Ladue
From: Swanson, Lynn [SwansonL @bbfl.us]
Sent: Friday, September 05, 2014 2:50 PM
To: 'Barbara Ladue'
Subject: Pension Benefit Calculations
Can you please provide the City Attorney's office with the Pension Benefit calculation sheet for each participant who
retired on or after July 1, 2011.
Lynn Swanson, Legal Assistant
City Attorneys Office
City of Boynton Beach
100 E. Boynton Beach Blvd. 1 Boynton Beach, Florida 33435
o: 561- 742 -6053
SwansonL®bbfLus 1 www.bovnton- beach.org
E Er:
America's Gateway to the Gulfstream
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida
records law, email addresses are public records. Therefore, your e-mail communication and your e -mail address may be subject to public disclosure.
1
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PENSION FUNDS OF
Boynton Beach .
4
.. � •
2 Boynton Beach Police & Fire Pension Funds
o ® � 1500 Gateway Blvd., Suite # 220
•r -. ,: i ,.- - . Boynton Beach, FL 33426
�' ": d x .
. . Barbara La Due
. Pension Administrator •
ladueb @bbpdpension.com
561/739 -7972 Fax 561/731 -2997
.
August 7, 2014
Nancy Aspenleiter
•
Dear Nancy:
It is that time to set up and begin your deferred vested pension benefit effective Oct 1, 2014.
. 1
In order to start you benefit payment the following items are required:
1) Back in April of this year we discussed the payment of $1401.76 owed the City when you
terminated employment in January 2005. Please make a check payable to the City of Boynton ■
Beach for this amount.
2) Please select and sign the annuity form under which you elect to receive your benefit.
3) Complete the ACH/Direct Deposit from and return with a "Void" check.
4) Complete the Form W -4P for federal tax withholding.
5) A beneficiary designation form is enclosed for your completion to update your file.
Please return these items prior to September 11 in order to set up your benefit payment for
October 1, 2014.
Thank you.
Sincerely,.
ro-L . .
Barbara La Due
Pension Administrator •
C G t
CITY OF BOYNTON BEACH POLICE OFFICERS' RETIREMENT SYSTEM
FINAL STATEMENT OF RETIREMENT BENEFITS
September 13, 2005
Participant's Name: NANCY L ASPENLEITER Social Security #:
You are eligible for a(n) VESTED Retirement Benefit from
the Plan. Your benefit is payable at the beginning of each month coml
mencing October 1, 2014 . The amount of your monthly benefit depends
on the optional form of annuity which you choose. Please indicate the
one optional form listed below which you elect to recieve:
1. MODIFIED CASH REFUND ANNUITY: This option provides monthly pay;
ments of $ 704.80 to you as long as you live. If you should die before
you have received an amount equal to your own contributions to the Plan,,
payments will continue to your beneficiary until your own contributions
have been used up.
2. TEN YEAR CERTAIN AND LIFE THEREAFTER: This option provides
monthly payments of $ 693.56 to you as long as you live. If you should
die before 120 monthly payments have been made, the monthly payment of
$ 693.56 will continue to be made to your beneficiary until a total of
120 monthly payments have been made in all.
3. 100% SURVIVOR ANNUITY: This option provides monthly payments
of $ .00 to you as long as both you and your beneficiary are living.
After the death of either you or your beneficiary, monthly payments of
$ .00 will continue for the life of the remaining person.
4. 66 - 2/3% SURVIVOR ANNUITY: This option provides monthly payments
of $ .00 to you as long as both you and your beneficiary are living.
After the death of either you or your beneficiary, monthly payments of
$ .00 will continue for the life of the remaining person.
5. 50% SURVIVOR ANNUITY: This option provides monthly payments
of $ .00 to you as long as both you and your beneficiary are living.
After the death of either you or your beneficiary, monthly payments of
$ .00 will continue for the life of the remaining person.
6. 75% JOINT AND LAST SURVIVOR ANNUITY: This option providers
monthly payments of $ .00 to you as long as you live. Your bene'e,-
ficiary, if living at the time of your death, will then receive monthly
payments of $ .00 as long as he /she lives.
7. 50% JOINT AND LAST SURVIVOR ANNUITY: This option provides
monthly payments of $ .00 to you as long as you live. Your bene-
ficiary, if living at the time of your death, will then receive monthly
payments of $ .00 as long as he /she lives.
THESE AMOUNTS ABOVE ARE BASED UPON THE FOLLOWING INFORMATION:
Your Date of Birth: Pension Hire Date: 11/09/1998
Date of Termination: 01/27/2005 Adjusted Hire Date: 11/09/1998
Avg Final Monthly Comp: $3,719.22 Years of Credited Service: 6
Beneficiary Name: Date of Birth: 00 /00 /0000
a a G
Page 2
Participant's Name: NANCY L ASPENLEITER Social Security #:
Accumulated Contributions: $18,731.51
After -Tax Contributions: $.00 Pre -Tax Contributions: $18,731.5i
Nontaxable Portion of Life Number of Months Nontaxable
Annuity Monthly Benefit: $.00 Portion Continues: 0
Nontaxable Portion of Joint Number of Months Nontaxable
Survivor Monthly Benefit: $.00 Portion Continues: 0
The Survivor Annuity benefit amounts shown above are based on thel
beneficiary named above and are payable only to this beneficiary. If
wish to change your beneficiary before your payments begin, new
amounts will have to be calculated.
BOARD OF TRUSTEES: By DATE:
I accept the terms above, including my choice of annuity form, and
confirm the information shown above to be correct.
PARTICIPANT'S SIGNATURE: DATE:
BENEFICIARY'S SIGNATURE: DATE:
Calculation Date: