R90-165RESOLUTION NO.~90-/~D~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CERTAIN LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE EXCHANGE CLUB/DICK WEBBER
CENTER FOR THE PREVENTION OF CHILD ABUSE
FOR THE GOLD COAST, INC., A COPY OF SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby
~uthorized and directed to execute a certain agreement
petween the City of Boynton Beach, Florida and the Exchange
21ub/Dick Webber Center for the Prevention of Child Abuse
for the Gold Coast, Inc., said Lease Agreement being
lttached hereto as Exhibit "A".
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this 7~ dav~i~November, 1990.
/
?× ayor
~ vice Mayor
C~mis s loner
~TTE S T:
2it~ Clerk --
d~is s°ioner }
(Co'rpor~e-Seab)
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated as of
1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA, or
its assigns (hereinafter called "Landlord"), and EXCHANGE
CLUB/DICK WEBBER CENTER FOR THE PREUENTION OF CHILD ABUSE FOR
THE C~DLD COAST, INC.,a not-for-profit, tax exempt
organization, (hereinafter called Tenant"):
W I T NE S S E T h:
In consideration of the obligation of Tenant to pay rent
as hereinafter provided and -~n 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 in Exhibit "A" attached hereto and
made a part hereof, and located at 100 East Boynton Beach
Blvd., West Wing, Second Floor, Boynton Beach, Palm Beach
County, State of Florida, (hereinafter called the "Premises"),
for a term of one (1) year (hereinafter called the "Term")
commencing October 1, 1990, and expiring (12) months
thereafter, unless terminated earlier or renewed for
additional one year term as hereinafter set forth.
2. Surrender and Renewal. Tenant may upon written
notification to Landlord continue to occupy the premises for
an additional ninety (90) days beyond the expiration of this
lease Term for purposes of vacating the Premises. Tenant
shall notify Landlord in writing ninety (90) days prior to the
expiration of this lease term· or any exsension thereof, of
its desire to occupy the Premises for an additional one (1)
year term (hereinafter Request for Renewal).
Landlord shall notify Tenant in writing of its decision
to either (a) renew the Tenants lease for an additional one
year term, or (b) not to renew and terminate the Tenant's
lease, within 30 days of tenant's request for renewal.
3. Termination and binding contract. Landlord may
terminate this lease for its convenience upon ninety (90) days
written notice to tenant and as provided for in Section 13
herein. Under no circumstances shall Landlord be required to
specify grounds for non-renewal or 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.
4. 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. Ail payments of rent shall be promptly made to
Landlord without notice or demand thereof on the first day of
October of each year.
5. Use. Tenant may use the Premises for the
operation of a child abuse cen~er with the primary activities
being case management, advocacy, referrals, parenting classes,
voluntary supervision, out-reach programs and such other uses
as are incidental to the operation thereof.
Page 1 of 5
6. Telehone Charges. Tenant shall pay all charges
incurred for the use of telephone and hook-up at the Premises.
Landlor~ shall supply electric service, water and sewer
service a~ no cost to Tenant.
7. Insurance. 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 "B"
and made a part hereof.
8. Repairs and Maintenance. Maintenance of the
Premises and structure shall be the mutual responsibility of
all present and future parties to this Lease agreement, as it
may be amended. It shall b9 the goal of each to extend
maximum cooperation and assistance in the event of emergency
and/or extenuating circumstances which may severely strain the
resources of either party. Customary building maintenance
currently provided by Landlord in the buliding where the
Premises are located shall be extended to these Premises
provided, however, the Tenant, shall be responsible for
maintenance and repair of the Premises as follows:
interior surfaces, walls, windows and doors
(window damage from exterior of Premises
excluded)
9. 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 Landlord.
10. 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 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. Ail 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.
1t. 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
Tenan~ or to any other person, or to its or their property,
irrespective of the cause of such injury, damage or loss.
Page 2 of 5
B. Indemnification by Tenant. Tenant ~ shall
indemnify and hold Landlord harmless ~rom and against any and
all clai~s 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
and performance of obligations under this Lease;
together with all costs~ liabilities incurred in
or in connection with or action or proceeding
b~o~ght thereon including, without limitation, all reasonable
attorne s' fees a d ~
Y n expenses. In case any a
....
proceealng be brought aga~inSt Landlord by reason of any such
claim, Tenant, up6n no~ce from Landlord shall resist and
defend such action or proceeding (by counsel reasonably
satisfactory to LandlordS.
12. Assiqnment 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.
13. Default.
A. The following events shall be "Events of
Default" under this Lease Agreement:
(1) Tenant shall fail to pay any installment
of rent become due and shall not cure such
default within five (5) days after written
notice thereof is given by Landlord to Tenant;
(2) Tenant shall fail to comply with any term,
provision or covenanE of this Lease Agreement,
other than the payment of rent, and shall no~
commence to cure and diligently pursue curing
such failure within thirty (30) days after
written notice thereof is given by Landlord to
Tenan~ (provided that if such default cannot
reasonably be cured within thirty (30) days,
then Tenant shall have an additional reasonable
period of time 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 of the United States or any state
thereof, or Tenant shall be adjudged bankrupt
or insolvent in proceedings filed against
Tenant thereunder; or
(5) A receiver or trustee shall be appointed
for all or substantially all of the assets of
Tenant.
Page 3 of 5
(6) Tenant assigns or sublets the
without Landlord's consent, except as
permitted herein.
Premises
otherwise
(7) Upon the vacation or abandonment of the
Premises by Tenant at any time during the
Initial Term, First Renewal or Second Renewal
of this Lease Agreement.
B. Upon the occurrence of any Event of Default,
Landlord shall have the option to terminate this Lease and to
pursue any remedies legally available without any notice or
~emand whatsoever.
14. Landlord Right of Entry. Landlord and its
agents and representatives shall be entitled to enter upon the
Premises to inspect or perform any necessary maintanance
acitivies at any time, provided only that such inspections or
maintenance activities shall ~not unreasonably interfere with
Tenant's business.
15. Warranty of Title, Quiet Enjoyment, 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
the Term of this Lease Agreement without any hindrance,
molestation or ejection by Landlord, its successors or assigns
except as provided for herein.
16. Holding Over by Tenant. Should Tenant or any
assignee, sublessee or Licensee of Tenant hold-over the'
Premises or any part thereof after the expiration of the Term
or any Renewal Term hereof, 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 Statu~es, but otherwise upon the same terms and
conditions.
17. Notices and Payments. Any notice, documen~ 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:
Attention City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
TENANT:
Exchange Club/Dick Webber
Center for the Prevention of
Child Abuse For the Goad Coast,
Inc.
100 East Boynton Beach Blvd.
West Wing, Second Floor
Boynton Beach, FL 33425
18. Security. Tenant shall be responsible for security
of the Premises. Tenant shall abide by all applicable
landlord building security measures now existing or
hereinafter created.
Page 4 of 5
19. 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.
ATTEST:
/ ~'
/
ATTE ST:
PE ,
DEPUTY CITY CLERK
Boynton
Rev. JDM/10/4/90 10/8
YT/10/12, 10/25, 10/30
TENANT:
BY:
LANDLORD
Page 5 of 5