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90-XXXRESOLUTION NO. 9 0- X 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 BOYNTON BEACH CHILD CARE CENTER FOR THE PURPOSE OF FORMALIZING THE EXISTING RELATIONSHIP BETWEEN THE PARTIES, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Lease Agreement, a copy of which is attached hereto as Exhibit Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~-- day of May, 1990. CITY BEACH, FLORIDA for / c~omm±ss ±oner %TTEST: Commissioner City Clerk (Corporate Seal) ,4 F i a Board of County Commissioners - County Administrator Ken L. Foster, Chairman Robert Weisman Burt Aaronson, Vice Chairman Karen T. Marcus Carol A. Roberts Facilities Planning, Design & Warren H. Newell Construction Department Mary McCarty S1i l Maude Ford Lee a 1Y i ti C R 9 5 30 D March 7, 1995 QUN`, CERTIFIED MAIL Z693084888 Z693084889 RETURN RECEIPT REQUESTED Boynton Beach Child Care Center Attn: Mrs. Sarah J. Coston 6803 Kingston Drive Lantana, FL 33462 City of Boynton Beach Attn: Carrie Parker, City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Renewal of Sublease Agreement (Resolution No. R90- 1697D) dated October 2, 1990 as subsequently amended by Amendment Number One to Sublease Agreement (Resolution No. R93 -775D) dated July 6, 1993 by and between Boynton Beach Child Care Center, Inc. (Sublessor) and Palm Beach County on behalf of the Palm Beach County Community Services Department (Sublessee) for the Premises located at 909 N. E. 3rd Street, Boynton Beach. Dear Mrs. Coston and Ms. Parker: Pursuant to Paragraph 2 of the Prime Lease attached as Exhibit "A" to the referenced Sublease Agreement, Palm Beach County, on behalf of the Palm Beach County Community Services Department, as Sublessee, is hereby exercising its option to extend the Term of the referenced Sublease Agreement for an additional five (5) year If period effective June 1, 1995. Sincerely, PALM BEACH COUNTY, FLORIDA DOROTHY H. WILKEN, CLERK B9 F COUNTY COMMISSIONERS �. � ��� B y : -- MAR 0 7 CYi a i. 1995 Deputy C . ➢ ,k- -- ---)- 1 • - , - k - - - Y r , q c ' O 1 i RECEIVED ~ ' APPROVED AS TO FO , , ; (� T Y ''% r.. AN2 t GAL •UFFIC1 1 CY MAR 23 i9yS - y , I i Assistant C.' nt ,' Attorney IN MANAGER'S OFFICE BCH ILD. CAR . . lll+. "An Equal Opportunity - Affirmative Action Employer" 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 (407) 233 -0200 a, panted on recycled paper Adm. FAX: (407) 233 -0206 Prem. FAX: (407) 233 -0210 CID FAX: (407) 233 -0270 J r �� � I ) ; ' o beli e ,„ 16, ��s • k 1 ICE ; ��.� 8 [ ; SENT CERTIFIED MAIL 4Zomilt* RETURN RECEIPT REQUESTED ��` `i i\h �, #7003 2260 0007 1928 5729 .050 Facilities Development & R 2 0 0 5. 0 3 2 4 Operations Department February 15, 2005 FEB 15 214 Property & Real Estate VO Management Division Ms. Lena Rahming, President G i i t sr ii 3200 Belvedere Road Boynton Beach Child Care Center, Inc. Building 1169 235 NW 10 Avenue West Palm Beach, FL 33406 -1544 Boynton Beach, FL 33435 (561) 233 -0200 FAX (561) 233 -0210 Re: Renewal of Sublease Agreement (Resolution No. R90 -1697) dated www.pbcgov.com /fdo October 2, 1990, as amended, by and between the Boynton Beach Child Care Center, Inc. (Sublessor) and Palm Beach County, on behalf of the Department of Community Services, Head Start and • Children Services Division (Sublessee) Palm Beach County Dear Ms. Rahming: Board of County Commissioners Pursuant to Paragraph 2, Renewal Options, of the above - referenced Sublease Tony Masilotti, Chairman Agreement, Palm Beach County, on behalf of the Paim Beach County ddie L Greene, Vice Chairperson Department of Community Services, Division of Head Start and Children Services, as Sublessee, is hereby exercising its option to extend the term of Karen T. Marcus said Sublease for the third five -year renewal period from June 1, 2005, to May Jeff Koons 31, 2010. Warren H Newell Mary McCarty Sincerely, Burt Aaronson PALM BEACH COUNTY, FLORIDA SHARON R. BOA,O Y ,. c 04 tw � BY ITS BOARD OF COUNTY CLERK AND ' 1z COMMISSIONE ,I 01 : cu t ct i County Administrator C OUNTY : to v I By; ORID '10i Robert Weisman ...Moss.... TI Masilotti, Chairman Deputy Cl • • •• c, -6_ APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY AND CONDITIONS ,„,...3r...____..-- I As .. . t o . ty Attorney De , . ent ) irecto An Equal Opportunity Affirmative Action Employer" cc: City of Boynton Beach (via CM,RRR 70032260000719282957; Attn: City Mgr, 100 E. Boynton Beach Blvd., P.O. Box 310, Boynton Beach, FL 33425 -0310) G:\Property Mgmt Section \Out Lease \Boynton ChildCare Ctr\Letter.BCCExtend.Feb2005.doc a t printed on molded paper STATE OF FLORIDA, COUNTY OF PALM BEACH 1, SHARON R. BOCK, Clerk and Comptroller certify thia10 be a true and correct copy of the original toed In my office on FEB f 5 al; at Palm - - - Y Or e - Deputy Clerk , r D Q ' :5 i0; COUNTY yt 1:. FL ORIDA Os f: R93 7 75 }AMENDMENT NUMBER ONE TO SUBLEASE AGREEMENT THIS AMENDMENT NUMBER ONE made and entered into this day IN ( by and referred between as "Sublessor ") andCPA CENTER, LM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Palm Beach County Community Services Department (hereinafter referred to as "Sublessee "). W I T N E S S E T H: WHEREAS, Sublessor as Lessee under that certain Lease Agreement dated May 15, 1990 attached hereto as Exhibit "A" and by reference made a part hereof, between the City of Boynton Beach, Florida and Sublessor, (hereinafter referred to as the "Prime Lease ") has leased the land and the improvements therein located at 909 N.E. 3rd Street, Boynton Beach, Florida (hereinafter collectively called the "Premises "); and WHEREAS, Sublessor and Sublessee entered into a Sublease Agreement dated October 2, 1990 (Resolution No. R90- 1697D), a copy of which is attached hereto as Exhibit "B" and by reference made a part hereof (hereinafter referred to as the "Sublease "), for use of the Premises by the Sublessee's Head Start Program; and WHEREAS, pursuant to said Sublease, Sublessee has assumed the obligations of the Sublessor under the Prime Lease with the exception that the Sublessor is required to insure the Premises against property damage and public liability in amounts exceeding Sublessee's exposure by Florida Statute; and WHEREAS, Sublessor does not have sufficient funds necessary to provide the required insurance for the Premises; and WHEREAS, Sublessor and Sublessee desire to amend the Sublease to provide that Sublessee will pay Sublessor up to Three Thousand Dollars ($3,000) annually for the costs incurred by Sublessor in fulfilling its insurance obligations under the Prime Lease; and WHEREAS, Sublessor and Sublessee hereby agree that the facts as set forth above are true and correct. NOW THEREFORE, in consideration of the Premises and the mutual covenants hereinafter set forth, the Sublease is hereby amended as follows: 1. Paragraph 1.(b) of the Sublease is hereby amended by the addition of the following: "Effective June 1, 1993 Sublessor shall annually provide Sublessee with a copy of all certificate(s) of insurance issued in accordance with the schedule of required insurance stipulated in Exhibit "B" of the Prime Lease. The certificate(s) of insurance delivered to Sublessee shall be accompanied by a copy of all invoice(s) evidencing Sublassor's payment in full of the associated insurance premium(s). Within forty -five (45) days of its receipt of the aforementioned documentation, Sublessee shall reimburse Sublessor an amount equal to the insurance premium(s) paid by Sublessor, but not in excess of Three Thousand Dollars ($3,000) per annum. Notwithstanding anything herein to the contrary, any certificate(s) of insurance issued to Sublessor shall 1 name the Sublessee as co- insured and nothing herein shall constitute a waiver of the sovereign immunity of the Sublessee." 2. In the event of cancellation of any insurance policy or this Sublease, Sublessor shall reimburse Sublessee an amount equal to the unspent annual insurance premium(s) prorated from the date of cancellation to the date of the annual expiration of the insurance policy(ies), not to exceed the amount paid by Sublessee towards the cost of such insurance. 3. Nothing contained herein shall limit or modify Sublessor's obligation to maintain in full force and effect the insurance required pursuant to the Prime Lease and the Sublease. Sublessee's only obligation with respect to such insurance shall be to reimburse Sublessor for the premiums therefor, not to exceed $3,000 per annum. 4. Except as specifically modified by this Amendment, all of the terms and conditions of the Sublease remain unmodified, in full force and effect and are hereby ratified by the parties. IN WITNESS WHEREOF, Sublessor and Sublessee have hereunto set their hands and seals the day and year first above written. ATTEST: SUBLESSEE: Dorothy H. Wilken, Clerk PALM BEACH COUNTY, a political subdivis on of the tate of Florida BYlaldniCglia4.14M By: t_ r� Deputy Clerk Ct i R 3 7 7 ATTEST: SUBLESSOR: Q BOYNTON BEACH CHILD CARE, INC. fJ 1:G� Qt} 1 410 - ‘-)i D_ MA \na.. L_ Ciec2; President APPROVED AS TO FORM AND LE AL SUFFICIENCY By: CE %-> Ass . ounty Attorney h: \mmr \agreemnt \bbchild.amd 05/18/93 2 RESOLUTION NO. 9 0- x x g A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND j CITY CLERK TO EXECUTE A CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH CHILD CARE CENTER FOR THE PURPOSE OF FORMALIZING THE EXISTING RELATIONSHIP BETWEEN THE PARTIES, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1 "; PROVIDING AN EFFECTIVE 'DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby uthorized and directed to execute that certain Lease Agreement, a copy of which is attached hereto as Exhibit Section 2. This Resolution shall take effect ( immediately upon passage. PASSED AND ADOPTED this /e day of May, 1990. CITY 1 o NTON BEACH, FLORIDA ayor is Mayor Co issioner ommissioner Commissioner 'TTEST: City Clerk (Corporate Seal) MINUTES ,- REGULAR CITY COMMISSION MEETING BOYNTON BE CH, FLORIDA MAY 15, 1990 The Mayor stated Mr. Harris' understanding was not what the Commission had approved. Other remarks were made about this misunderstanding. Skip Miller, Attorney for Sun Trust stated the action the Commission was being asked to take at this meeting did not include entering into a formal agreement with Sun Trust to place the bonds on the City's behalf. That action will be proposed on May 21, 1990. He thought it might be wise to postpone that part of the decision until May 21, 1990. At this time, the Commission was being asked to establish the interest rate and the terms of the bonds. Fine print in legal documents was examined regarding who was responsible for certain costs and discussion ensued. Mr. Harris understood it was not Sun Trust's responsibility, but he was willing to strike a middle ground and split the expense. He wanted to make the transaction happen the way it was envisioned. The City Manager agreed that was the way to go. Vice Mayor Wische moved to approve the Resolution with Exhibit "C" being amended to show Sun Trust will pay $6,500 of the charges. Commissioner Artis seconded the motion which carried 4 -0. 2. Proposed Resolution No. 90 -XXX Re: Child Care Lease Agreement City Attorney Cherof read proposed Resolution No. 90 -XXX by title only: "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 BOYNTON BEACH CHILD CARE CENTER FOR THE PURPOSE OF FORMALIZING THE EXISTING RELATIONSHIP BETWEEN THE PARTIES, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1 "; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Commissioner Weiner moved to adopt proposed Resolution No. XXX. Vice Mayor Wische seconded the motion which carried .4 -0. 3. Proposed Resolution No. 90 -YYY Re: Acceptance of substitute Letter of Credit - Blum Plat f /k /a Lakeside City Attorney Cherof read proposed Resolution No. 90 -YYY by title only: 31 MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 3, 1966 NEW BUSINESS Recognition of City Employee 1oyee Mr. Main stated that Mr. Richardson, Public Works Director, has asked for a formal recognition of the efforts of Mr. Jay Moseley on the repair of the D-4 bulldozer. The estimated cost of this work as supplied by manufacturer's representative was $976. By innovation and performance of this work at the City Shop, the total cost of restoration of the bulldozer was $442.35. Mr. Madsen stated he was glad to make this recognition and that this work can be handled here. LEGAL Ordinance 66-21 - 2nd Rea. - Amend' See. 1 of the Code Mr. Moore read Ordinance 66-21 by caption only. Mr. Banks moved that Ordinance 66-21 be passed on second and final reading. Mr. Boos seconded and it was unanimously carried. Pro••eed Ord'•- ce 66 -22 - re CATV Franchise Mr. Moore stated that it was not intended to act on this Ordinance tonight. He recommended that Council study this Ordinance at their convenience and adopt it at the next meeting. Mr. Banks so moved to table this matter for further discussion. Pair. Boos seconded and it was unanimously carried. Mr. Hansen of the Telephone Company cams forward and stated there are two 4 additions which they are requesting be added to the Ordinance. Mr. Moore ,z• stated he sees no objection to these additions at this time. Consider Lease of Lots 142, 143 and 14l, Arden Park, to Boynton Beach Child Care Center, Inc. Mr. Moore stated that formal approval for leasing this property to the Boynton Beach Child Care Center, Inc. was given at the special meeting of September 26, 1966. Mr. Moore stated he had prepared a lease on a one year basis with the option to renew for $1.00 per year until such tie as the property is needed formicipal purposes. He recommended that the Mayor and City Clerk be authorized to sign the lease. Mr. Boos so moved and Mr. McCoy seconded. It was unanimously carried. -4- SUBLEASE AGREEMENT R90 16970 . THIS SUBLEASE AGREEMENT, made and entered into this day of OCT 2 1990 , 1990 by and between BOYNTON BEACH CHILD CARE CENTER, INC., (hereinafter referred to as "SUBLESSOR ") and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the PALM BEACH COUNTY COMMUNITY SERVICES DEPARTMENT (hereinafter referred to a "SUBLESSEE "). W I T N E S S E T H WHEREAS, SUBLESSOR, as Lessee under that certain Lease Agreement (hereinafter referred to as the "Prime Lease ") attached hereto as Exhibit "A" and made a part hereof, dated the 15th day of May, 1990 between the City of Boynton Beach, Florida, (hereinafter referred to as "CITY ") and SUBLESSOR, has leased the land and the improvements thereon (hereinafter collectively called the "Premises ") located at 909 N.E. 3rd Street, Boynton Beach, Florida; and WHEREAS, SUBLESSEE desires to sublet the Premises from SUBLESSOR and SUBLESSOR is willing to sublet the same to SUBLESSEE on the conditions hereinafter set forth; and WHEREAS, SUBLESSEE and the CITY have entered into an inter - local agreement (attached hereto as Exhibit "B" and made a part hereof) dated the 10th day of July, 1990 which provides for the execution of this Sublease Agreement between SUBLESSOR and SUBLESSEE for use of the Premises by SUBLESSEE as a child care center for the Head Start Program. NOW THEREFORE, SUBLESSOR, for and in consideration of the rents, covenants, and agreements hereinafter contained on the part of the SUBLESSEE to be paid, kept and performed, does hereby sublet and demise unto SUBLESSEE, and SUBLESSEE hereby takes and hires from SUBLESSOR, the Premises. TO HAVE AND TO HOLD the same unto SUBLESSEE for a Term to commence upon the date of execution of this Sublease Agreement by SUBLESSEE and to expire on May 31, 1995, subject to the rentals, terms, covenants, conditions and provisions hereinafter set forth. 1 AND SUBLESSOR and SUBLESSEE hereby agree as follows: 1. To the extent not inconsistent with the agreements and understandings expressed in this Sublease, all of the terms, provisions, covenants and conditions of the Prime Lease (Exhibit "A ") are hereby incorporated into this Sublease by reference with the following understandings: (a) The term "Landlord" as used in the Prime Lease shall be deemed to refer to SUBLESSOR hereunder, its successor and permitted assigns, and the term "Tenant" as used in the Prime Lease shall be deemed to refer to SUBLESSEE hereunder, its successor and permitted assigns. (b) INSURANCE REOUIREMENTS FOR SUBLESSEE: Notwithstanding anything in the Prime Lease (Exhibit "A ") to the contrary, the SUBLESSOR and SUBLESSEE hereby agree that the insurance coverage required from the SUBLESSEE shall be satisfied by SUBLESSEE providing a certificate of insurance or self- insurance coverage for comprehensive general liability in the amount of $100,000 per person or $200,000 per incident of occurrence. In the event the Legislature should change the SUBLESSEE's exposure by Statute above or below the sums insured against, the SUBLESSEE shall provide insurance or self- insurance coverage to the extent of that exposure. (c) The repairs and maintenance of the property and structure to be performed by SUBLESSEE as listed in Article 8B of the Prime Lease (Exhibit "A ") shall include the installation, removal and repair of existing hurricane shutters. Notwithstanding anything in the Prime Lease (Exhibit "A ") to the contrary, any subsequent addition to the SUBLESSEE's responsibilities for repairs and maintenance shall require the approval of the SUBLESSEE. (d) All parties acknowledge that there are no defaults existing as of the date hereof and that no additional improvements or repairs to the Premises are required as a condition of this Sublease Agreement. (e) NOTICES: It is understood and agreed between the 2 parties hereto that written notice mailed or delivered to the parties hereto at the respective addresses set out below shall constitute sufficient notice to the parties to comply with the terms of this Sublease. SUBLESSOR: Boynton Beach Child Care Center, Inc. cjo Mrs. Sarah J. Coston 6803 Kingston Drive Lantana, FL 33462 SUBLESSEE: Palm Beach County Director of Community Services 301 Evernia Street West Palm Beach, FL 33401 with a copy to: Property & Real Estate Management Division Attn: Property Manager 50 So. Military Trail, Suite 211 West Palm Beach, FL 33415 CITY: City of Boynton Beach Attn: City Manager 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, F1 33425 -0310 SUBLESSEE shall be copied on all correspondence between SUBLESSOR and CITY. All requests for payments required by SUBLESSEE shall require the receipt of an invoice delivered to Palm Beach County Finance Department at P.O. Box 4036, West Palm Beach, Florida 33402. The invoice must be delivered at least fifteen (15) days but not more than thirty (30) days in advance of the date payment is due. SUBLESSEE is a tax exempt entity as evidenced by tax exemption #60- 2211519753C. (e) ANNUAL BUDGETARY FUNDING /CANCELLATION: The Term of this Sublease Agreement shall be subject to annual budgetary funding by the Board of County Commissioners of Palm Beach County. In no event shall SUBLESSEE's monetary obligations under this Sublease Agreement exceed that of funds budgeted in any fiscal year. Notwithstanding anything herein or in the Prime Lease (Exhibit "A ") to the contrary, the SUBLESSEE may upon ninety (90) days notice to SUBLESSOR cancel this Sublease for any reason. Upon cancellation or termination of this Sublease Agreement, SUBLESSEE has the unconditional right to remove any of SUBLESSEE's personal property located on or in the Premises. 3 R90 16970 IN WITNESS WHEREOF, SUBLESSOR and SUBLESSEE have hereunto set their hands and seals the day and year first above written. ATTEST: SUBLESSEE: PALM BEACH COUNTY, FLORIDA, A John B. Dunkle, Clerk POLITICAL SUBDIVISION OF THE // STAT FLORIDA By: � ` a ii) By Deputy Cl rk Cha r OCT 2 ;90 ATTEST: SUBLESSOR: gr, BOYNTON BEACH CHILD CARE, INC. Li 0. R0. Lrn 1 n By: )/f L rL President APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0 4/ , By: o my Alr o ney childcar.sts • 4 N LEASE AGREEMENT THIS LEASE AGREEMENT, dated as of Hay 15, 1990 1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA, or its assigns (hereinafter called "Landlord "), and BOYNTON DC:+CH CHILD CARE CENTER, INC., (hereinafter called "Tenant "): W I T N E S S E T 11: 1. Premises and Term. In consideration of the obligation of Tenant to pay rent as hereinafter provided and in consideration of the other terms, provisions and covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant hereby takes from Landlord, premises located at 909 N.E. 3rd Street, Boynton Beach, Palm Beach County, State of Florida, the same being more particularly shown on Exhibit "A" attached hereto, together with all rights, privileges, easements and appurtenances belonging or in any way pertaining thereto, and together with any building and other improvements erected (hereinafter called the "Improvements ") and, together with the Land, (hereinafter called the "Premises "), TO HAVE AND TO HOLD the same for a primary term of five (5) years (hereinafter called the "Primary Term ") commencing upon June 1, 1990, the Commencement Date (as hereinafter defined) and expiring '(60) months after the Commencement Date. This Lease shall constitute a binding contract and agreement as of this date, subject to the terms, conditions and provisions hereof. The Commencement Date shall be June 1, 1990. 2. Renewal Options. Landlord hereby grants to Tenant the right and option to extend the term of this Lease Agreement for three (3) consecutive renewal terms of five (5) years each. 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 Primary Term, plus applicable State of Florida sales tax. Page 1 of 8 EXPI IBIT"A' B. All payments of rent shall be promptly made to Landlord without notice or demand thereof on the first day of June of each year. 4. USE. Tenant may use the Premises for the operation of a community service center with the primary activity being child care and child care related activites such as food service, family support and such other uses as are incidental to the operation thereof. 5. Utility Charges. Tenant shall pay all charges incurred for the use of utility services at the Premises including, without limitation, gas, electricity, water, sewer and telephone and hookup and meter charges relating thereto. 6. Taxes. Tenants shall be responsible for the payment of all taxes arising from the use of the property. 7. Insurance. Tenant shall insure the property, 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. 8. Repairs and Maintenance. Maintenance of the property and structure shall be the mutual responsibility of all present and future parties to this agreement, as it may be amended. Although specific responsibilities shall be assigned by mutual agreement of all parties, it shall be 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. A. The City shall be responsible for maintenance and repair of the facility grounds ( "property ") and infrastructure to include the following: 1. fencing 2. playground equipment 3. parking lot (including lighting and signage) 4. landscaping and irrigation systems 5. potable water and sanitary sewer systems 6. telephone cabling and distribution systems 7. garbage and trash removal B. The Center, with assistance from applicable Palm Beach County departments and other funding entities, shall be responsible for maintenance and repair of the facility building ( "structure ") to include the following: 1. custodial services 2 exterior and interior surfaces, walls, windows and doors 3. exterior and interior electrical and lighting systems 4. roofing system 5. kitchen equipment 6. fire and security alarm systems Page 2 of 8 7. plumbing (to the property line /cleanout) 8. heating, ventilating and air conditioning (HVAC) and refrigeration systems 9. water heaters 10. exhaust fans 11. pest control services B. Changes to the above responsibilities shall be renegotiable at two (2) year intervals, subject to six (6) months advance notification in writing of one party to all others and contingent upon mutually agreeable terms and conditions. 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. Equipment, Fixtures and Signs. Tenant shall have the right to erect, install, maintain and operate on the Premises such equipment, trade and business fixtures, signs and other personal property as Tenant may deem necessary or appropriate, and such shall not be deemed to be part of the Premises, but shall remain the property of Tenant. Any such installations shall not materially injury or deface the Improvements and shall be in accordance with applicable local.. codes. At any time during the term of this Lease Agreement and within thirty (30) days after termination hereof, Tenant shall have the right to remove its equipment, fixtures, signs and other personal property from the Premises provided that Tenant is not then in default. 11. Damage By Fire or Other Casualty. A. If the Improvements, or any material part thereof, should be destroyed or damaged by fire or other casualty, Tenant shall immediately deliver written notice thereof to Landlord. B. If the Improvements 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, Page 3 of 8 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 shall be paid to Tenant to be applied to the cost of repair, 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. 12. 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 caused 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 Page 4 of 8 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). 13. 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. 14. 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 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 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. (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 during the Initial Term, First Renewal or Second Renewal of this Lease Agreement. Page 5 of 8 8. Upon the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever. 15. Right of Inspection. Landlord and its agents and representatives shall be entitled to enter upon and inspect the Premises at any time during normal business hours, provided only that such inspection shall not unreasonably interfere with Tenant's business. 16. Warranty of Title, Quiet Enjoyment, Subordination and Estoppel. Landlord represents and warrants that it is the owner in fee simple of the Land, 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. 4 17. 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 Primary 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 Statutes, but otherwise upon the same terms and conditions. 18. 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 Page 6 of 8 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: 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 respedt 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 Page 7 of 8 other party hereto for its court costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed his Lease Agreement as of the day and year first above written. TENANT: ATTEST: // r.„--, ., t ' c ' t . , , . BY: !/14/ /7 /L\``,A044 U_. r ' LANDLORD: ATT T : �� �, / --e O 7� BY:: DEuY C IrY Cdr =Rk. / GENE MOORE, MAYOR APPROVED .S 10 FCR1.1: ' JAC /ras'" " . BOYNTON • Page 8 of 8 (4i 'IVI LVV VY.Vrrr r l v ... r r • EXHIBIT "A" Aparcel of land lying in the Plat of ARDEN PARK as recorded in Plat Book 2, Page 96 as recorded in the Public Records of Palm each County, Florida. More particularly described as follows: Beginning at the Northeast corner of Lot 144 of said ARDEN PARK Plats thence Westerly along the Southerly right -of way of Northeast Ninth Avenue a distance of 219.38 v+et to a point; thence Southerly on an angle to the right from the last described course of 88 °- 43' -19" a distance of 358.36 feet to the centerline of a 10.00 foot alley as abandoned per Official Record Book 5380, Pages 29 -32 as recorded in the Public Records of Palm Beach County; thence Easterly on an angle to the right from the last described coursed of 91 ° -16' -26" along the centerline of, said abandoned alley a distance of 154,07 feet to the Westerly right -of -way of Northeast Third Street; thence Northerly on an angle to the right from the last described course of 98 ° - 00' -00" along the Westerly right -of -way of Northeast Third Street a distance of 361.76 feet to the Southerly right -of -way of Northeast Ninth Avenue and the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida. • NOTE: This legal is based on information supplied by the City of Boynton Beach. NOTES This is a stemwall survey. Improvements, other than the building were not located. • • • • SENT BY; ; o- 6 -90 ; 4M55 ; Boynton Bch fax-' 407 233 0210 ;11 3 • Insurance Requirements - Child Care Center • Lessee shall procure and maintain for the duration of the contract insurance against claim for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Insurance Provisions: A. Workers' Compensation: If the Lessee falls under Florida Workers' Compensation Law, coverage shall be provided for all employees. The coverage shall be statutory limits in compliance with the applicable state and federal laws. The Policy must include Employer's Liability with a limit of $100,000 each accident. B. Business Liability: Owners, Landlords and Tenants Form: Shall have minimum limits of $300,000 per occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability including Premises and Operations. C. Commeroial Property Coverages Lessee shall carry Commercial Property Coverage - All Risks Coverage for the Building and Personal Property designated by the City. Building coverage shall be $655,000 and Personal Property $ D. Deductibles and Self- Insured-Retentions: Any deductible or self- insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its Officers, Employees, or Volunteers, or the Lessee shell procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. Special Requirements: A. The City of Boynton Beach, its officials, Officers, Employees and Volunteers shall be included as an additional insured on the Owners, Landlord and Tenants Liability Policy. The City of Boynton Beach, its Officials, Officers, Employees and Volunteers shall be included as a named insured on the commercial Property Policy. The coverage shall contain no limitations on the scope of protection afforded to the City, its Officers, Officials, Employees or volunteers. B. An appropriate Hold Harmless Clause shall be signed by the Lessee relieving the City of any and all liability. • Insurance Requirements - Child Care Center Page Two • C. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. It shall be the responsibility of the Lessee /User to ensure that all Sub - lessees /Users comply with the same insurance requirements that he is required to meet. • E. The Lessee /User shall inform his insurer to furnish, directly to the City of Boynton Beach, Certificates of Insurance with original endorsements affecting coverage required within. The Certificates and Endorsements for insurance policies are to be signed by a person .authorized by that insurer to bind coverage on its behalf and transmitted to the Department of Risk Management with attached transmittal correspondence displaying insurer's letterhead. Certificates are to be received and approved by the City before activity commences. The City reserves the right to require complete, certified copies of all required insurance policies at any time. F. The Lessee /User's insurance coverage shall be primary insurance as respect to the City, its Officers, Officials, Employees and Volunteers. Any insurance or self- insurance maintained by the City shall be excess of the Lessee /User'a.insurance and shall not contribute to it. . • • • • 6%#f /1 ''B RESOLUTION NO. 90 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 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURPOSE OF REIMBURSING THE CITY $51,250.00 FOR KITCHEN EQUPMENT INSTALLED IN THE BOYNTON BEACH CHILD CARE CENTER, A COPY OF SAID INTERLOCAL AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1 "; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Interlocal Agreement, a copy of which is attached hereto as Exhibit ”1n • Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this J day of June, 1990. rte CITY YNTON A FLORIDA ,- h Mayor i • / _, (1) ,,teeix-f•-• Q ZP e Mayor or . _ -�, ". AWL., , Co, sioner .. -------- 1 - 4 :-:- Commissioner Commissioner ATTEST: ' w ./i i 4 - 4■ 1 5 . -. 1,' Clerk (Corporate Seal) E"B" . . .. ' "ERLOCAL AGREEMENT BETWEE • PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH R90 10760 THI INTER AGREEMENT, made and entered into this day of J AL 1 0 19JV , 1990 by and between the COUNTY OF PALM BEACH, by its Board of Commissioners, the ( "COUNTY ") and the CITY OF BOYNTON BEACH, an incorporated municipality, the ( " : :TY "); W I T N E S S E T H WHEREAS, Chapter 163, Florida Statutes, as amended, .authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage, such that the CITY and the COUNTY are authorized to enter into this Agreement; and • WHEREAS, Chapter 125, Florida Statutes, as amended, empowers the COUNTY to enter into agreements with other governmental units for the joint performance or performance by one unit in behalf of the other of their authorized functions, and empowers the COUNTY to establish and administer programs and projects with other governmental entities; and WHEREAS, the COUNTY has operated a joint Federally /County funded Child Care Center as part of the Head Start Program, in a building owned by the CITY at 909 Northeast Third Street, Boynton Beach, Florida; and WHEREAS, as part of the reconstruction and refurbishing of the building by the CITY, the COUNTY budgeted $51,250 of the joint Federal /County funds to assist in paying for certain kitched equipment and kitchen renovations; and • WHEREAS, the CITY authorized installation of the kitchen equipment and has made payment to the Contractor and has now requested repayment from the COUNTY; NOW THEREFORE, in consideration of these premises and the mutual promises contained herein, the parties agree as follows: 1. All the food service equipment identified in the CITY's change order No. 1, dated January 6, 1988, to the Lear Group, Inc. has been installed to the satisfaction of the CITY and the CITY has made full payment therefore. The specific items are listed on Exhibit A attached hereto and hereby incorporated by referenced. 2. Upon execution of this Agreement and verification by the COUNTY that each item listed on Exhibit A has been installed, the COUNTY will reimburse the CITY in the amount of fifty -one thousand two hundred and fifty dollars ($51,250), less any discounts or adjustments taken by the CITY. 3. The CITY hereby transfers all rights, title and interest in the items listed on Exhibit A to the COUNTY and the United States Government, as their interests may appear and shall permit the COUNTY to property tag or otherwise identify such items as COUNTY property. 4. It is the intention of the parties to enter into a separate lease agreement either directly or through Boynton Beach Child Care Center, Inc. ( a not - for - profit corporation) for use by the COUNTY of the facility as a child care center for the Head Start Program. 5. The COUNTY may in its sole discretion at any time remove the items identified in Exhibit A from the premises for use at other locations, consistent with its obligations to the Federal government as to Federal funds. 6. Any use of the equipment by other than authorized COUNTY employees must be specifically approved in writing by the COUNTY's designated representative. '-i?'. 1 7. Unless otherwise sE ified herein, all noti .s given under t;:is Agreement shall be made and transmitted in writing to: COUNTY - Palm Beach County Director of Community Services 301 Evernia Street West Palm Beach, Florida 33401 CITY - City of Boynton Beach City Manager 120 East Boynton Beach Blvd. Boynton Beach, Florida 33435 IN WITNESS WHEREOF, the parties have caused this Agreement to be authorized and executed by their respective governing bodies as of the year and day first written above. , .7 / ,..- „ / Z • ATTEST: C ITY; OF ANT '. • AC z • �- � ir.,.f. By f+P�tt 1ED AS FO :M: Gene Moore b Typed Name - ��,. ( i Title Mayor CI TI FTT(•• ATTEST PALM BEACH COUNTY BOARD OF COUNTY JOHN B. DUNKLE, Clerk COMMISSIONERS 1 BY , -- _ • at. ma By , ' xC�C - /�, -r Z' • " t @I P,: r• :+i Chair JUL 1 0 1990 AP ROVED FOR LEGAL SUFFICIENCY � ounty Attorney EXHIBIT "A" Page 1 of 3 KITCHEN EQUIPMENT LIST BOYNTON BEACH CHILD CARE CENTER ITEM MAKE SERIAL NUMBER 1. Range Furnished by others Not found (existed, contractor re- installed and converted to natural gas) 2. Oven, convection, Furnished by others Not found natural gas fired South Bend Magic Air (existed, contractor re- installed and converted to natural gas) 3. Hood Custom Built by contractor Not found (Designed to cover open flame equipment, extending over sides and front a minimum of 6" in compliance with NFPA standard 96. Filters, removable grease trap, residue trap with cleanout at base of riser) 4. Dishwasher, Hobart C -44 33290 -J electric (Purchased and installed by Contractor) 5. Soiled Dish Table Custom Built by Contractor Not found (Major area 96" by 24" with continuous 6" integral backsplash, welded closed and diagonal backsplash and return to Dishwasher. All service lines, operating components, mechanical and electric devices shall be enclosed. Openings shall be provided for waste disposal and pre -rinse unit and both installed. Sound deaden underside of work surfaces. conform to NSP standards) 6. Pre -rinse and garbage Waste King Universal 881200305 disposal Model 1000 -3 (Purchased and installed by Contractor w /#9 spray rinse, siphon breaker, vol -temp assembly, globe valve, all tubing and piping; 12" bowl and accessories, group APS) 7. Clean Dish Table Custom Built by Contractor Not found (Major area 96" by 24" with continuous 6" integral backsplash, welded closed and diagonal backsplash and return to dishwasher. All service lines, operating components, mechanical and electric devices shall be enclosed. Sound deaden underside of work surfaces. Conform to NSP standards. Provide continuous undershelf to be fastened to support members) 8. Shelves Custom Built by Contractor Not found (To be built above clean dish table: stainless steel, 18 gauge, same construction as for tables. Design shelves and install to support 40 lbs. per sq. ft. loading plus 100% impact loading) 9. Walk -in Cooler - Freezer American Panel 16237 Model WF- 3X -78 -1 (Custom designed to dimensions supplied to Contractor. Door frame shall contain a flush- mounted switch and pilot light on the outside of the frame and vaporproof lights on the interior of the frame.Freezer frame shall have a thermo -disc control, UL approved heater wire around the perimeter of the door frame to prevent door from freezing shut. A temperature alarm shall be provided. Door shall be same thickness as walls. Door hardware shall be chrome plated. Cooler- freezer shall be a nominal 8 feet high. Purchased and installed by Contractor) •_ • A%J. l /-:YY �.]�' •. }: n'�. �� A 1.41.$1 - ... 2C "!1r X i BEAC 3 , n ru :I CAlau ar `IISt ITSq W1 __.._.. SERIAL HUMBRA • 10. Reach -in Freezer, Fit : :"ii. shed by others Not found electric (existed, electric hook -up by Contractor) 11. Milk Cabinets, Fwmizhed by others Not fou:id electric (existed, electric hook -up by Contractor) Not found 12. Pick up table Custom Built by contractor Not found (same construction as clean and soiled dish table, except no backsplash. 84" X 30" X 30" h.) 13. Refrigerator, Furnished by others Not found electric (existed, electric hook -up by Contractor) 14. Kettle, 20 gal, Gwen 40873 -5 self contained ML 1-20 steam source, LP gas • (purchased and installed by Ccntractoi: ) 15. Mixer, Hcbar1 :, 11- 416 -527 floor mounted 600T electric (purchased and installed by Contractor) 16. Slicer, electric Furnished by others A8920071 Model 412 (existed, electric hook -up by Ccsnt :ract:c r ) 17. Mixer, electric Furnished by others 1868966 Hobart: A -200 (existed, electric hook -up, by Contractor) 18. Misc. Shelving Custom Built by Contractor Not found for dry storage and cooler /freezer (Designed as heavy duty shelves press- formed from a single sheet of 16 gauge stainless steel in cooler freezer. Aluminum in dry storage. Set screw shall be provided to lock shelves at desired height on posts. Entire assembly shall be stationary) 19. Two preparation tables, Custom Built by Contractor Not found stainless steel (Custom designed to dimensions supplied to Contractor) 20. Fire Suppression Ansul 116260 System R - 12 (Purchased and installed by Contractor. Restaurant fire suppressant system with ansulex liquid Eire suppressant agent. Must be provided with stainless steel tank, three gal cap to meet required pressure test :. Tank shall include an adaptor /tube assembly, provide discharge nozzles, regulated release mechanism, link detection system, remota manual pull station, mechanical gas line shut -off valve, electric gas line shut -off valve, electric snap - action switch, and pressure switch, pneumatically operated to shut off of electric power to appliances) County Commissioner County Administrator Cato! J. Elmquist, Chairman Jan Winters Karen T. Marcus, Vice Chair Carol A. Roberts Ron Howard Property & Real Estate Management Carole Phillips 1�� 9 Department 4 Zi October 15, 1990 Sharon Randolph Assistant to the City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 -0310 Re: Sublease Agreement, Boynton Beach Child Care Center Dear Ms. Randolph: Enclosed for your file is a copy of the above - referenced sublease agreement approved and executed by Palm Beach County on Oct. 2, 1990. The County's Property Manager for this facility is Peter Banting who can be reached at 233 -0213. Thank you for all your assistance and information which proved invaluable in the formulation and finalization of the enclosed agreement. If you need any additional information, please do not hesitate to contact me at 233 -0166. Sincerely, I /// Arthur Kahlenberg Real Estate Specialist of Enclosure cc: Ed Rich, Community Services Eugene Manselle, Community Services (w /enclosure) Ross Hering, PREM Robert Strane, PREM Peter Banting, PREM PREM File - Boynton Beach Child Care Lease An 1 qual Opportunity - Al irmatne lemon Finplov FOUR POINTS CENTRE 50 SOUTH MILITARY TRAIL, SUITE 211 q 7 1990 WEST PALM BEACH, FL 33415 (407) 233 -0200 FAX (407) 233 -0210 ,• r SUBLEASE AGREEMENT R90 l697u THIS SUBLEASE AGREEMENT, made and entered into this day of 0C1 2 1994 , 1990 by and between BOYNTON BEACH CHILD CARE CENTER, INC., (hereinafter referred to as "SUBLESSOR ") and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the PALM BEACH COUNTY COMMUNITY SERVICES DEPARTMENT (hereinafter referred to a "SUBLESSEE "). W I T N E S S E T H WHEREAS, SUBLESSOR, as Lessee under that certain Lease Agreement (hereinafter referred to as the "Prime Lease ") attached hereto as Exhibit "A" and made a part hereof, dated the 15th day of May, 1990 between the City of Boynton Beach, Florida, (hereinafter referred to as "CITY ") and SUBLESSOR, has leased the land and the improvements thereon (hereinafter collectively called the "Premises ") located at 909 N.E. 3rd Street, Boynton Beach, Florida; and WHEREAS, SUBLESSEE desires to sublet the Premises from SUBLESSOR and SUBLESSOR is willing to sublet the same to SUBLESSEE on the conditions hereinafter set forth; and WHEREAS, SUBLESSEE and the CITY have entered into an inter - local agreement (attached hereto as Exhibit "B" and made a part hereof) dated the 10th day of July, 1990 which provides for the execution of this Sublease Agreement between SUBLESSOR and SUBLESSEE for use of the Premises by SUBLESSEE as a child care center for the Head Start Program. NOW THEREFORE, SUBLESSOR, for and in consideration of the rents, covenants, and agreements hereinafter contained on the part of the SUBLESSEE to be paid, kept and performed, does hereby sublet and demise unto SUBLESSEE, and SUBLESSEE hereby takes and hires from SUBLESSOR, the Premises. TO HAVE AND TO HOLD the same unto SUBLESSEE for a Term to commence upon the date of execution of this Sublease Agreement by SUBLESSEE and to expire on May 31, 1995, subject to the rentals, terms, covenants, conditions and provisions hereinafter set forth. 1 AND SUBLESSOR and SUBLESSEE hereby agree as follows: 1. To the extent not inconsistent with the agreements and understandings expressed in this Sublease, all of the terms, provisions, covenants and conditions of the Prime Lease (Exhibit "A ") are hereby incorporated into this Sublease by reference with the following understandings: I (a) The term "Landlord" as used in the Prime Lease shall be deemed to refer to SUBLESSOR hereunder, its successor and permitted assigns, and the term "Tenant" as used in the Prime Lease shall be deemed to refer to SUBLESSEE hereunder, its successor and permitted assigns. (b) INSURANCE REOUIREMENTS FOR SUBLESSEE: Notwithstanding anything in the Prime Lease (Exhibit "A ") to the contrary, the SUBLESSOR and SUBLESSEE hereby agree that the insurance coverage required from the SUBLESSEE shall be satisfied by SUBLESSEE providing a certificate of insurance or self- insurance coverage for comprehensive general liability in the amount of $100,000 per person or $200,000 per incident of occurrence. In the event the Legislature should change the SUBLESSEE's exposure by Statute above or below the sums insured against, the SUBLESSEE shall provide insurance or self - insurance coverage to the extent of that exposure. (c) The repairs and maintenance of the property and structure to be performed by SUBLESSEE as listed in Article 8B of the Prime Lease (Exhibit "A ") shall include the installation, removal and repair of existing hurricane shutters. Notwithstanding anything in the Prime Lease (Exhibit "A ") to the contrary, any subsequent addition to the SUBLESSEE's responsibilities for repairs and maintenance shall require the approval of the SUBLESSEE. (d) All parties acknowledge that there are no defaults existing as of the date hereof and that no additional improvements or repairs to the Premises are required as a condition of this Sublease Agreement. (e) NOTICES: It is understood and agreed between the 2 parties hereto that written notice mailed or delivered to the parties hereto at the respective addresses set out below shall constitute sufficient notice to the parties to comply with the terms of this Sublease. SUBLESSOR: Boynton Beach Child Care Center, Inc. c/o Mrs. Sarah J. Coston 1 6803 Kingston Drive Lantana, FL 33462 SUBLESSEE: Palm Beach County Director of Community Services 301 Evernia Street West Palm Beach, FL 33401 with a copy to: Property & Real Estate Management Division Attn: Property Manager 50 So. Military Trail, Suite 211 West Palm Beach, FL 33415 CITY: City of Boynton Beach Attn: City Manager 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, F1 33425 -0310 SUBLESSEE shall be copied on all correspondence between SUBLESSOR and CITY. All requests for payments required by SUBLESSEE shall require the receipt of an invoice delivered to Palm Beach County Finance Department at P.O. Box 4036, West Palm Beach, Florida 33402. The invoice must be delivered at least fifteen (15) days but not more than thirty (30) days in advance of the date payment is due. SUBLESSEE is a tax exempt entity as evidenced by tax exemption #60- 2211519753C. (e) ANNUAL BUDGETARY FUNDING /CANCELLATION: The Term of this Sublease Agreement shall be subject to annual budgetary funding by the Board of County Commissioners of Palm Beach County. In no event shall SUBLESSEE's monetary obligations under this Sublease Agreement exceed that of funds budgeted in any fiscal year. Notwithstanding anything herein or in the Prime Lease (Exhibit "A ") to the contrary, the SUBLESSEE may upon ninety (90) days notice to SUBLESSOR cancel this Sublease for any reason. Upon cancellation or termination of this Sublease Agreement, SUBLESSEE has the unconditional right to remove any of SUBLESSEE's personal property located on or in the Premises. 3 R90 1697 IN WITNESS WHEREOF, SUBLESSOR and SUBLESSEE have hereunto set their hands and seals the day and year first above written. ATTEST: SUBLESSEE: PALM BEACH COUNTY, FLORIDA, A John B. Dunkle, Clerk POLITICAL SUBDIVISION OF THE STAT =� FLORIDA By: BY .i / _.r 1 Deputy Cl rk Chair OCT 2 ''90 ATTEST: SUBLESSOR: BOYNTON BEACH CHILD CARE, INC. a h rt, rl BY: 1' cal- - President APPROVED AS TO FORM AND LEGAL SUFFICIENCY // By: / o my A o ney childcar.sls 4 Il II LEASE AGREEMENT THIS LEASE AGREEMENT, dated as of May 15, 1990 , 1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA, or its assigns (hereinafter called "Landlord "), and BOYNTON 5EACII CHILD CARE CENTER, INC., (hereinafter called "Tenant "): I W I T N E S S E T 11: 1. Premises and Term. In consideration of the obligation of Tenant to pay rent as hereinafter provided and in consideration of the other terms, provisions and covenants hereof, Landlord hereby demises and leases to Tenant, and Tenant hereby takes from Landlord, premises located at 909 N.E. 3rd Street, Boynton Beach, Palm Beach County, State of Florida, the same being more particularly shown on Exhibit "A" attached hereto, together with all rights, privileges, easements and appurtenances belonging or in any way pertaining thereto, and together with any building and other improvements erected (hereinafter called the "Improvements ") and, together with the Land, (hereinafter called the "Premises "), TO HAVE AND TO HOLD the same for a primary term of five (5) years (hereinafter called the "Primary Term ") commencing upon June 1, 1990, the Commencement Date (as hereinafter defined) and expiring '(60) months after the Commencement Date. ' This Lease shall constitute a binding contract and agreement as of this date, subject to the terms, conditions and provisions hereof. The Commencement Date shall be June 1, 1990. 2. Renewal Options. Landlord hereby grants to Tenant the right and option to extend the term of this Lease Agreement for three (3) consecutive renewal terms of five (5) years each. 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 Primary Term, plus applicable State of Florida sales tax. Page 1 of B. All payments of rent shall be promptly made to Landlord without notice or demand thereof on the first day of June of each year. 4. USE. Tenant may use the Premises for the operation of a community service center with the primary activity being child care and child care related activites such as food service, family support and such other uses as are incidental to the operation thereof. 5. Utility Charges. Tenant shall pay all charges incurred for the use of utility services at the Premises including, without limitation, gas, electricity, water, sewer and telephone and hookup and meter charges relating thereto. 6. Taxes. Tenants shall be responsible for the payment of all taxes arising from the use of the property. 7. Insurance. Tenant shall insure the property, 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. 8. Repairs and Maintenance. Maintenance of the property and structure shall be the mutual responsibility of all present and future parties to this agreement, as it may be amended. Although specific responsibilities shall be assigned by mutual agreement of all parties, it shall be 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. A. The City shall be responsible for maintenance and repair of the facility grounds ( "property ") and infrastructure to include the following: 1. fencing 2. playground equipment 3. parking lot (including lighting and signage) 4. landscaping and irrigation systems 5. potable water and sanitary sewer systems 6. telephone cabling and distribution systems 7. garbage and trash removal B. The Center, with assistance from applicable Palm Beach County departments and other funding entities, shall be responsible for maintenance and repair of the facility building ( "structure ") to include the following: 1. custodial services 2 exterior and interior surfaces, walls, windows and doors 3. exterior and interior electrical and lighting systems 4. roofing system 5. kitchen equipment 6. fire and security alarm systems Page 2 of 8 7. plumbing (to the property line /cleanout) 8. heating, ventilating and air conditioning (HVAC) and refrigeration systems 9. water heaters 10. exhaust fans 11. pest control services B. Changes to the above responsibilities shall be renegotiable at two (2) year intervals, subject to six (6) months advance notification in writing of one party to all others and contingent upon mutually agreeable terms and conditions. 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. Equipment, Fixtures and Signs. Tenant shall have the right to erect, install, maintain and operate on the Premises such equipment, trade and business fixtures, signs and other personal property as Tenant may deem necessary or appropriate, and such shall not be deemed to be part of the Premises, but shall remain the property of Tenant. Any such installations shall not materially injury or deface the Improvements and shall be in accordance with applicable local. codes. At any time during the term of this Lease Agreement and within thirty (30) days after termination hereof, Tenant shall have the right to remove its equipment, fixtures, signs and other personal property from the Premises provided that Tenant is not then in default. 11. Damage By Fire or Other Casualty. A. If the Improvements, or any material part thereof, should be destroyed or damaged by fire or other casualty, Tenant shall immediately deliver written notice thereof to Landlord. B. If the Improvements 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, Page 3 of 8 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 shall be paid to Tenant to be applied to the cost of repair, 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. 12. 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 caused 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 Page 4 of 8 , 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). 13. 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. 14. 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 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 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. (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 during the Initial Term, First Renewal or Second Renewal of this Lease Agreement. • Page 5 of 8 B. Upon the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever. 1 15. Right of Inspection. Landlord and its agents and representatives shall be entitled to enter upon and inspect the Premises at any time during normal business ,hours, provided only that such inspection shall not unreasonably interfere with Tenant's business. 16. Warranty of Title, Quiet Enjoyment, Subordination and Estoppel. Landlord represents and warrants that it is the owner in fee simple of the Land, 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. , 17. 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 Primary 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 Statutes, but otherwise upon the same terms and conditions. 18. 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 Page 6 of 8 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: 1 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 Page 7 of 8 other party hereto for its court costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executea .his Lease Agreement as of the day and year first above written. TENANT: ATTEST: r -- -,� e , _ - BY . ' r Pi(? LANDLORD: ATT T: -e��J 0 AE u L( CITY Cyr =R1c, i GENE MOORE, MAYOR APPROVED A5 10 fCRL%: JAC /ra ��" BOYNTON Page 8 of 8 SENT 5Y; ; tl— b —yu 4 ;15PM ; boyncon bun tax-+ 4u1 tab (A1U;+4 EXHIBIT "A" A.4parcel of land lying in the Plat of ARDEN PARK as recorded in Plat Book 2, Page 96 as recorded in the Public Records of Palm Beach County, Florida. More particularly described as follows: • Beginning at the Northeast corner of Lot 144 of said ARDEN PARK Plat: thence Westerly along the Southerly right -of way of Northeast Ninth Avenue a distance of 212.38 =.,et to A point) thence Southerly on an angle to the right from the last described course of 88 ° - 43' -19" a distance of 358.36 feet to the centerline of a 10.00 foot alley as abandoned per Official Record Book 5380, Pages 29 -32 as recorded in the Public Records of Palm Beach County; thence Easterly on an angle to the right from the last described coursed of 91 16 -26" along the centerline of, said abandoned alley a distance of 154.07 feet to the Westerly right -of -way of Northeast Third Street; thence Northerly on an angle to the right from the last described course of 98 ° - 00' -00» along the Westerly right -of -way of Northeast Third Street a distance of 361.76 feet to the Southerly right -of -way of Northeast Ninth Avenue and the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida. NOTE: This legal is based on information supplied by the City of Boynton Beach. NOTE: This is a stemwall survey. Improvements, other than the building were not located, SENT By: ; 8- 6 -90 ; 4:15PM ; Boynton Bch fax-+ 407 233 02104 3 W M I IzS T i3 ' Insurance Requirements - Child Care Center • Lessee shall procure and maintain for the duration of the contract insurance against claim for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee. Insuranoe Provisions: A. Workers' Compensation: If the Lessee falls under Florida Workers' Compensation Law, coverage shall be provided for all employees. The coverage shall be statutory limits in compliance with the applicable state and federal laws, The Policy must include Employer's Liability with a limit of $100,000 each accident. B. Business Liability: Owners, Landlords and Tenants Form: Shall have minimum limits of $300,000 per occurrence Combined Single Limit for Bodily injury Liability and Property Damage Liability including Premises and Operations. C. Commercial Property Coverage; Lessee shall carry Commercial Property Coverage - All Risks Coverage for the Building and Personal Property designated by the City. Building coverage shall be $655,000 and Personal Property $ D. Deductibles and Self-Insured—Retentions; Any deductible or self - insured retentions must be declared to and approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its Officers, Employees, or Volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. special Requirements; A. The City of Boynton Beach, its Officials, Officers, Employees and Volunteers shall be included as an additional insured on the Owners, Landlord and Tenants Liability Policy. The City of Boynton Beach, its Officials, Officers, Employees and Volunteers shall be included as a named insured on the commercial Property Policy. The coverage shall contain no limitations on the scope of pr0teotion afforded to the City, its Officers, Officials, Employees or volunteers. B. An appropriate Hold Harmless Clause shall be signed by the Lessee relieving the City of any and all liability. 'Ctu, U, • , u u — u , 4. 1ONi+i i Ouyn4un ...n tax-+ 4U! 233 0210# 4 • Insurance Requirements - Child Care Center Page Two C. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project and shall be endorsed to state that coverage shall not be suspended, voided or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. It shall be the responsibility of the Lessee /User to ensure that all Sub - lessees /users comply with the same insurance requirements that he is required to meet. • E. The Lessee /User shall inform his insurer to furnish, directly to the City of Boynton Beach, Certificates of Insurance with original endorsements affecting coverage required within. The Certificates and Endorsements for insurance policies are to be signed by a person authorized by that insurer to bind coverage on its behalf and transmitted to the Department of Risk Management with attached transmittal correspondence displaying insurer's letterhead. Certificates are to be received and approved by the City before activity commences. The city reserves the right to require complete, certified copies of all required insurance policies at any time. F. The Lessee /User's insurance coverage shall be primary insurance as respect to the City, its Officers, Officials, Employees and Volunteers. Any insurance or self- insurance maintained by the City shall be excess of the Lessee /User's insurance and shall not contribute to it. • RESOLUTION NO. 90 c�� -•�5 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 INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURPOSE OF REIMBURSING THE CITY $51,250.00 FOR KITCHEN EQUPMENT INSTALLED IN THE BOYNTON BEACH CHILD CARE CENTER, A COPY OF SAID INTERLOCAL AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1 "; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Interlocal Agreement, a copy of which is attached hereto as Exhibit 1 • Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this .J" day of June, 1990. :/ CITY Q YNTON : A FLORIDA / Mayor i ' p Q� w /_ e Mayor i V / _ .___.. 40101.e Co .s i- ssioner --- __-- Commissioner c\( Commissioner ATTEST: ft0 _ / i i _ 4111 IINO .. _i i " Clerk (Corporate Seal) • INTERLOCAL AGREEMENT BETWEEN • PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH 13 0 1 0 THIS INTERLOCAL AGREEMENT, made and entered into this day of JUL 1 0 1 , 1990 by and between the COUNTY OF PALM BEACH, by its Board of Commissioners, the ( "COUNTY ") and the CITY OF BOYNTON BEACH, an incorporated municipality, the ( " ::TY "); W I T N E S S E T H WHEREAS, Chapter 163, Florida Statutes, as amended, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage, such that the CITY and the COUNTY are authorized to enter into this Agreement; and WHEREAS, Chapter 125, Florida Statutes, as amended, empowers the COUNTY to enter into agreements with other governmental units for the joint performance or performance by one unit in behalf of the other of their authorized functions, and empowers the COUNTY to establish and administer programs and projects with other governmental entities; and WHEREAS, the COUNTY has operated a joint Federally /County funded Child Care Center as part of the Head Start Program, in a building owned by the CITY at 909 Northeast Third Street, Boynton Beach, Florida; and WHEREAS, as part of the reconstruction and refurbishing of the building by the CITY, the COUNTY budgeted $51,250 of the joint Federal /County funds to assist in paying for certain kitched equipment and kitchen renovations; and WHEREAS, the CITY authorized installation of the kitchen equipment and has made payment to the Contractor and has now requested repayment from the COUNTY; NOW THEREFORE, in consideration of these premises and the mutual promises contained herein, the parties agree as follows: 1. All the food service equipment identified in the CITY's change order No. 1, dated January 6, 1988, to the Lear Group, Inc. has been installed to the satisfaction of the CITY and the CITY has made full payment therefore. The specific items are listed on Exhibit A attached hereto and hereby incorporated by referenced. 2. Upon execution of this Agreement and verification by the COUNTY that each item listed on Exhibit A has been installed, the COUNTY will reimburse the CITY in the amount of fifty -one thousand two hundred and fifty dollars ($51,250), less any discounts or adjustments taken by the CITY. 3. The CITY hereby transfers all rights, title and interest in the items listed on Exhibit A to the COUNTY and the United States Government, as their interests may appear and shall permit the COUNTY to property tag or otherwise identify such items as COUNTY property. 4. It is the intention of the parties to enter into a separate lease agreement either directly or through Boynton Beach Child Care Center, Inc. ( a not - for - profit corporation) for use by the COUNTY of the facility as a child care center for the Head Start Program. 5. The COUNTY may in its sole discretion at any time remove the items identified in Exhibit A from the premises for use at other locations, consistent with its obligations to the Federal government as to Federal funds. 6. Any use of the equipment by other than authorized COUNTY employees must be specifically approved in writing by the COUNTY's designated representative. R90 1 07 6D 7. Unless otherwise specified herein, all notices given under t::is Agreement shall be made and transmitted in writing to: COUNTY - Palm Beach County Director of Community Services 301 Evernia Street West Palm Beach, Florida 33401 CITY - City of Boynton Beach City Manager 120 East Boynton Beach Blvd. Boynton Beach, Florida 33435 IN WITNESS WHEREOF, the parties have caused this Agreement to be authorized and executed by their respective governing bodies as of the year and day first written above. ,. // ATTEST: CITY /�OFy� ��� 3•'�A� / ' *..; _,,, 0 P /I L. 4 l e.,-,1-, , 10 12 ED AG c FO :M: Gene Moore A, / Typed Name ,' Title Mayor CIT1 FTT( . ATTEST PALM BEACH COUNTY BOARD OF COUNTY JOHN B. DUNKLE, Clerk J COMMISSIONERS By \.__.., �iL, / J...� BY r /�i �� . Y. a ;, II VP; . y_. : , Chair 40L 1 o 1990 AP ROVED FOR LEGAL SUFFICIENCY le 0 ounty Attorney EXHIBIT "A" Page 1 of 3 KITCHEN EQUIPMENT LIST BOYNTON BEACH CHILD CARE CENTER ITEM MAKE SERIAL NUMBER 1. Range Furnished by others Not found (existed, contractor re- installed and converted to natural gas) 2. Oven, convection, Furnished by others Not found natural gas fired South Bend Magic Air (existed, contractor re- installed and converted to natural gas) 3. Hood Custom Built by contractor Not found (Designed to cover open flame equipment, extending over sides and front a minimum of 6" in compliance with NFPA standard 96. Filters, removable grease trap, residue trap with cleanout at base of riser) - 4. Dishwasher, Hobart C -44 33290 -J electric (Purchased and installed by Contractor) 5. Soiled Dish Table Custom Built by Contractor Not found (Major area 96" by 24" with continuous 6" integral backsplash, welded closed and diagonal backsplash and return to Dishwasher. All service lines, operating components, mechanical and electric devices shall be enclosed. Openings shall be provided for waste disposal and pre -rinse unit and both installed. Sound deaden underside of work surfaces. conform to NSP standards) 6. Pre -rinse and garbage Waste King Universal 881200305 disposal Model 1000 -3 (Purchased and installed by Contractor w / #9 spray rinse, siphon breaker, vol -temp assembly, globe valve, all tubing and piping; 12" bowl and accessories, group APS) 7. Clean Dish Table Custom Built by Contractor Not found (Major area 96" by 24" with continuous 6" integral backsplash, welded closed and diagonal backsplash and return to dishwasher. All service lines, operating components, mechanical and electric devices shall be enclosed. Sound deaden underside of work surfaces. Conform to NSP standards. Provide continuous undershelf to be fastened to support members) 8. Shelves Custom Built by Contractor Not found (To be built above clean dish table: stainless steel, 18 gauge, same construction as for tables. Design shelves and install to support 40 lbs. per sq. ft. loading plus 100% impact loading) 9. Walk -in Cooler - Freezer American Panel 16237 Model WF- 3X -78 -1 (Custom designed to dimensions supplied to Contractor. Door frame shall contain a flush- mounted switch and pilot light on the outside of the frame and vaporproof lights on the interior of the frame.Freezer frame shall have a thermo -disc control, UL approved heater wire around the perimeter of the door frame to prevent door from freezing shut. A temperature alarm shall be provided. Door shall be same thickness as walls. Door hardware shall be chrome plated. Cooler- freezer shall be a nominal 8 feet high. Purchased and installed by Contractor) Page 2 of 3 • KITMIKW EQUIPMENT LIST BOYNTa4 BEAM( MILD CARE CENTUR ITEM RAM SERIAL HUMBER 10. Reach -in Freezer, Furnished by others Not found electric (existed, electric hook -up by Contractor) 11. Milk Cabinets, Furnished by others Not found electric (existed, electric hook -up by Contractor) Not found 12. Pick up table Custom Built by Contractor Not found (same construction as clean and soiled dish table, except no backsplash. 84" X 30" X 30" h.) 13. Refrigerator, Furnished by others Not found electric (existed, electric hook -up by Contractor) 14. Kettle, 20 gal, Groen 40873 -5 self contained AFL 1 -20 steam source, LP gas ' (purchased and installed by Contractor) 15. Mixer, Hobart 11- 416 -527 floor mounted 600T electric (purchased and installed by Contractor) 16. Slicer, electric Furnished by others A8920071 Model 412 (existed, electric hook -up by Contractor) 17. Mixer, electric Furnished by others 1868966 Hobart A -200 (existed, electric hook-up by Coptractor) 18. Misc. Shelving Custom Built by Contractor Not found for dry storage and cooler /freezer (Designed as heavy duty shelves press - formed from a single sheet of 16 gauge stainless steel in cooler freezer. Aluminum in dry storage. Set screw shall be provided to lock shelves at desired height on posts. Entire assembly shall be stationary) 19. Two preparation tables, Custom Built by Contractor Not found stainless steel (Custom designed to dimensions supplied to Contractor) 20. Fire Suppression Ansul 116260 System R -102 (Purchased and installed by Contractor. Restaurant fire suppressant system with ansulex liquid fire suppressant agent. Must be provided with stainless steel tank, three gal cap to meet required pressure test. Tank shall include an adaptor /tube assembly, provide discharge nozzles, regulated release mechanism, link detection system, remote manual pull station, mechanical gas line shut -off valve, electric gas line shut -off valve, electric snap- action switch, and pressure switch, pneumatically operated to shut off of electric power to appliances) EXHIBIT "A" Page 3 of 3 KITCHEN EQUIPMENT LIST BOYNTON BEACH CHILD CARE CENTER ITEM MARS SERIAL gUMB R 21. Carts (3) Furnished by others Not found 1 22. Tray Rack Furnished by others Not found 23. Misc vessels, Furnished by others Not found pots & pans In essence, all of the items in the kitchen area of the Boynton Beach Child Care Center is the property of Palm Beach County and should be labeled as such. • . • ,C1 7,Y of • OYN V N VEAL 11 SG7 wi�i. `7y Z' J 120 Boynton Beach Blvd. = x • P. 0. Sox 310 , a • 9 0!`•7 3cvnton Beach, Florida 33425 -0310 (305) 734 -8111 RECEIVED SEP .2 7 1989 September 18, 1939 HEAD START AND • CHILDREN SERVICES Mr. Eugene Manselle Palm Beach County Community Services 810 Datura Street • West Palm Beach, Florida 33402 Dear Mr. Manselle, • Attached are copies of Change Order #1 for the kitchen equipment at the Boynton Beach Child Care Center. Also included are copies of the equipment specifications. The Change Order is for the supplying and installation of the equipment only. All the costs of the utility hookups were included in the base contract. For your use in reimbursing the City the $51,250.00 as approved and discussed. Bill DeBeck Project Manager T Everald Badchkam to make payment rernn Ir cc: George Hunt T• SEP 2 6 igg9 t r � .. ..... .... • Rn /1 1 • • , ti 1 • CHANGE ORDER " " Nl` ❑ ARrtltIIC1 ❑ 11111 VOCUM[NT G701 CONTRA( 1OR ❑ 111111 ❑ (111(8 [1 f'( iI(C1 Boynton Beach Chi Id Care Center CItA \t(,E ORDER NU'•tBER• One in.•n:r a(Idrestl 909 Northeast Third Street Boynton Beach, FL _ IN11t\1ION DATE' January 1989 )() :Contractor) ARCHITECT'S PROJECT NO: 8713 Lear Group, Inc. CONTRACT FOR: Cons t ruc t ion 3930 RCA Boulevard Palm Beach Gardens, FL 33410 • CONTRAC1 DATE• 09/26/88 You are directed to make the Inllowing changes in this Contract: Furnish •and install Kitchen Equipment as reouested by the Owner in correspondence dated November, 1988. - X1 : 1 .• t . 1 i ":.1'•11 �. r 1 •(.. • r.. i.. N „1 .elnl unt.I .,atn, rI It% 11.itll :L, I rt% nt•r dirt Art IuLt•t1 C.,,• •tun ,, li•r C nr.l ...r 1 u1.1, ,)• 1... •,F,,. n,t nl 11• u•t%tilt, n1, I;.,I•ng I,1% .1, 11 u.1•n, oil •^ tt1(• ( ,0, 11 , .1(1 Ct1011 , , (.v11 .11 I I hr r.r (( 1) 1 Stun) 1(i XXXXx4 XX (KX ( ( %vat • $ 652,558.00 111.1 t lt.mg'. In puc%irul.ly authtlrvr(1 ('h.m1;c Or(ler% S 0. 00 I hr r( unitat 1 Stun) ( RJ:YNKO(Kt(X:t prior to this Change Order %%at $ 652,558.00 the ((.introit Court C(X0I1(•XXX4X X'XKKkli) will he (Increased) (kl(J(XXJ(1.0(10YKM:XM) by this (Change Order S 51,250,00 the new (Curlllact Sum) r kxx my.x. OiXXXy.rxrxxii including this Change Order will be S 703 808.00 The Contract lime %till be (i+ :X0:XXXXX)(X(XXXXM) (unchanged) by ( ) Li; 1he Date of Suhtlanual (• npIc11un as of the date of This Change Order therefore is A IIII,Uri7cd: Smith Obst Associates, AIA Lear Group, Inc. City of Boynton ecach ^21YI Congress 4ve Ste. 2 -C (( PjW ( Aek Boulevard ( 1Ri (r East Eoynton Ech. E' t.I,lr. as Mlrlu .. Ar - 1s Palm Bch., FL 33406 Palm Bch. Gdns, FL 33410 Boynton Bch. FL 1),11 — — t1A►t / / IAt( Alt I ( )(ut 1.'01 • ( 1 r11,1)11: • 111;11 1.1'1 111 t , • •.I t' . • ,t•1. ■ • • rev. 4/7/83 11401/01 SECTION 11401 - FOOD SERVICE EQUIPMENT PART I - GENERAL 1.01 RELATED DOCUMENTS The general provisions of the contract, including General Conditions (A1A Doc. A201), Special Conditions, General Requirements, and Supplementary Conditions of the Contract apply to the work specified in this section. 1.02 DESCRIPTION • ■ Supply and install all food service equipment specified arid /or shown on the drawings. All electrical, plumbing and HVAC, including range hood and duct work, shall be the general contractor's responsibility. Included are delivery, uncrating, installation, setting equipment in . place, coordination with other trades, start up, service, and one year guaranty /warranty, except as stated otherwise herein. • 1.03 QUALITY ASSURANCE Comply with 1 the following standards as applicable to manufacture, fabrication and installation of the work of this section: NSF' Standards: Comply with National Sanitation Foundation standards and criteria. Provide NSF "Seal of Approval" on each item. UL Standards: For electrical items provide either UL label products or, where no labeling service is available, "recognized markings" to indicate listing in the UL "Recognized Component Index ". ANSI Standards: For gas burning equipment, comply with ANSI Z21- Series standards and provide labels indicating name of testing agency. Comply with ANSI 857.1 for compressed gas cylinder connections, and with applicable standards of the Compressed Gas Association for compressed gas piping. Comply with ANSI 40.4 and A40.6 for water connection air gaps and vacuum breakers. . American Gas Association Standards . Certifications: All motorized and electrically operated equipment shall be approved by the Board of Fire Underwriters. If required to do so, this Contractor shall submit suitable documents to A/E for submission and review to Agencies having jurisdiction. Other Standards: Comply with NFPA No. 96 including Appendix A, for exhaust system; ASME Boiler Code and ASME inspection stamp and National Board Registration: National ti Electric Code; Vol.S, as related. Supplier of this Equipment shall be established in this type of work in Southeast Florida for a minimum of five years. • • 11401/02 Equipment, material and work shall conform to all state and federal laws, municipal ordinances and regulations, etc. having jurisdiction, including HRS, NFBU, State Accident Commissions Safety Orders, and City of Boynton Beach Building Department. 1.04 SANITATION Unless otherwise shown or specified, fabricate equipment abutting wall and .:olumns and position with a clearance of 3 inches minimum between finished walls and equipment, with the exception of cabinets which shall be closely fastened to the walls with resulting crevices sealed with suitable mental bands or moldings, and cooking equipment, which shall have clearances according to code. 1.05 SUBMITTALS Shop Drawings: Submit shop drawings in quadruplicate, showing layouts, elevations, sections and details of custom fabricated work, metal gauge, connections. • PART 2 - EQUIPMENT 1. Range Re -use and re- install existing range. Convert to natural gas. 2. Oven Re -use and re- install existing convection oven. Convert to nat. gas. 3. Hood To cover open flame equipment, extending over sides and front a minimum of 6 ". Comply with NFPA Std. 96. Hood and exposed exhaust ductwork shall be 'constructed from stainless steel sheets with liquid -tight continuous external welds for all seams and joints. Seams shall be ground smooth. Electrical conduit shall be run concealed in area beyond the filters. Light fixtures shall be explosion -roof. Ductwork shall be constructed of 60 ga. metal or heavier. Install filters at an angle not less than 45 degrees, quantity as recommended by the manufacturer. Hood shall have a removable grease tray installed just under the filters. Tray shall be removable in sections, for ease of cleaning. Provide residue trap with cleanout at base of riser. Shop drawings muse be complete, detailed, and accurately described for submission to the Bldg. Official and other authorities having jurisdiction, in full compliance with ail codes. Shop drawings shall be accurate and of quality to be approved on first submission. 4. Dishwasher Hobart C -44 27 "x44" electric S. Soiled dish table: st.steel, custom built, 14 ga, work surfaces formed and welded with seamless construction, using welding rods matching sheet metal, grinding and polishing to a satin finish. Reinforce work surfaces 30" o.c. both ways with galv.or stainless concealed structural members. Reinforce edges. Major area shall be 96 "x 24 ", with continuous 6" integral backsplash, welded closed, and diagonal back splash and return to dishwasher. • 11401/03 Sound deaden underside of work surfaces,holding coating back 3" from sanitary edges whih are open for cleaning. Structural framing shall be I" pipe size, with mitered and welded joints and gusset plates, ground smooth. Conform to NSP standards. Provide enclosure of service lines, operating components, mechanical and electrical devices. Provide opening for waste disposal and pre -rinse unit, and install same. 6. Pre -rinse and garbage disposal: Waste King Universal HDG -1 or HDG -3, with 99 spray rinse, syphon breaker, vol -temp assembly, globe valve, all tubing and piping; 12" bowl and accessories, group APS. 7. Clean dish table: custom built, stainless steel, 16 ga, -work surfaces formed and welded with seamless construction, using welding rods matching sheet metal, grinding and polishing to a satin finish. Reinforce work surfaces 30" o.c. both ways with galvanized or st. concealed structural members. Reinforce edges. Major area shall The 96 "x 24 ", with continuous 6" integral backsplash, welded closed, and diagonal back splash and return to dishwasher. Provide continuous undersheif to be fastened to suport members. Sound deaden underside of work surfaces,holding coating back 3" from sanitary edges which are open for cleaning. Structural framing shall be 1" pipe size, with mitered and welded joints and gusset plates, ground smooth. Conform to NSP standards. ' Provide enclosure of service lines, operating components, mechanical and electrical devices. 8. Shelves above clean dish table: stainless steel, 18 gauge, same construction as for tables. Design shelves and install to support 40 lbs. per sq. ft. loading plus 100% impact loading. 9. 3 compartment sink & drainboards: not specified in this section; included in Division 15. 10. Walk -in cooler- freezer: built to dimensions shown on the drawings. Insulation for - copier_. shall be rigid expanded polystyrene, ensite 1 -1 1/2 lbs. /sq.ft. with K factor of .22 at 40 degrees and vapor transmission rate of less than 1.7 perms. Panels shall be of thickness to meet these requirements, with a minimum thickness of 4 ". Freezer sections shall be rigid urethane, density 1.8 lbs. /sq.ft. with a K factor of .15 at 40 degrees and a vapor transmission rate of less than .2 perms. Panels shall be of thicknss to meet the above requirements, but in no cases Less than 4" thick. Facings shall be aluminum mil) finish, 24 gauge, stucco embossed for exterior, with an interior (cooler/freezer sides) of stainless steel, 24 gaue, type 304, no.3 finish, paper protected. Floors shall be quarry tile finish and shall be flush with kitchen floor. ( I Connectors shall be plastic encased, eccentric, panel connecting speed locks shall be able to stand 1,400 lb. tension load and shall draw panels toether with sufficient 1 pressure to establsh an airtight seal. • 11401/04 Door frame shall contain a flush- mounted switch and pilot light on the outside of - the frame and vaporproof lights on the interior of the frames. Freezer frame shall have a thermo -disc control, UL approved heater wire around the perimeter of the door frame to prevent door from freezing shut. Provide a temperature alarm system. Doors shall have gaskets of replaceable closed cell rubber not less :hen 1 1/2" wide . door shall be same thickness as walls. Door hardware shall be chrome plated. Cooler /freezer shall be a nominal 8 feet high. 11. Reach -ln Freezer: Re-use existing unit. 12. Milk cabinet: furnished by others. 14. Pidc up table: same construction as clean and soiled dish tables, except no backsp(ash, 84" x 3d" x 30" h. 15. Hand lavatory: see plumbing, division 15. • 1 16. Fire Suppression System: Ansul R -102 Restaurant Fire suppressant System, with Ansule) Liquid Fire suppressant agent, (potassium carbonate, potassium acetate-base( formula designed for lame knockdown and securement of grease - related fires) Provide stainless steel storage tank, three gal. capacity to meet required pressure testi. Tank shall Include an adaptor /tube assembly. Provide a welded steel bracke for mounting. proide discharge nozzles, regulated release mechanism, and a fusible • link detection system, remote manual pull station, mechanical gas line shut -of valve, electric gasline shut off valve, electric snap- action switch, and pressur, switch, pneumatically operated to shut of electrical power to appliances. 17. 2 compartment sink 84 drainboards: not specified in this section; included In Division 15. 18. Refrigerator: re-use existing refrigerator. 19. Kettle: Groen AH /1, 20 gal. capacity, self contained steam source, for LPG, 2/3 20. Mixer: Hobart H -600, floor mounted. 21.84 22. prep tables, stainless steel. 23. Misc. shelving for dry storage and cooler /freezer: heavy - duty with shelves press - forme from a single sheet of 16 gauge stainless steel in cooler /freezer, aluminum in dl storage. shelving shall be slotted, with slots 1 3/4" o.c., drawn down along enti perimeter at 45 degrees from surface. Each shelf corner shall be fitted with bracket to accommodate the post. Shelf shall be formed down and flanges up in the bracket to completely encase and conceal the bracket within the shelf. 1 '► crevice, joint a opening shall exit between bracket and shelf top surface a flanges. A set screw shall be provided in the bracket to lock the shelf at t desired height on the post. Uprights: 1 5/16" o.d. 16 gauge stainless steel tuing. Provide top cap and flange 1 each post. Height of assembly shall be nominally 57 -3 ". Assembly shall be stational • 11401/05 • 24 Work table no backsplash 25 Work table • 26 Dishwasher exhaust hood PART 3 - EXECUTION 3.01 INSPECTION AND PREPARATION Rough -ln Workt installed shall examine the rough -in mechanical and electrical services b others, and floors, walls, and ceilings by others; and conditions under which the work is to b done. Verify dimensions of the services and substrates before fabricating. Notify contracto in writing of unsatisfactory locations and dimensions of other work, and of unsatisfactor conditions for the proper installation of food service equipment. Do not proceed with th fabrication and installation until' unsatisfactory dimensions and conditions have bee corrected In a manner acceptable to the Installer. Installer of walk -in refrigerated storage units must examine the surfaces of the substrate t receive the work, and the conditions under which the work is to be performed. Notify th Contractor in writing of unsatisfactory conditions. Do not proceed with the work unt unsatisfactory conditions have been corrected in a manner acceptable to the Installer. Verif that depressed slab is satisfactory. 1 3.02 INSTALLATION General Comply with manufacturer's instructions. Seal joints and openings, including penetrations for piping or electrical .wiring, in the outsic and inside faces of walk -in refrigerated storage construction. At line of support on othe floor construction (outside and inside) seal with a formed cove of sealant or other coved tri member, to comply with NSF standards. Install closure panels and strips where indicated and where installed unit of work results in residual space which is not of sufficient size to be cleaned or maintained in accordance wii NSF standards. Seal joints and provide formed cove of sealant or other coved trim member, comply with NSF standards. Evaporator Installation: Comply with NSF standards for the positioning of evaporator units walk -in refrigerated storage units (access for cleaning). Adj and clean: Do not use any abrasives. Take care not to displace existing wiring piping• • END OF SECTION ■