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R23-093 1 RESOLUTION R23-093 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN 6 THE CITY OF BOYNTON BEACH AND LUTHERAN SERVICES 7 FLORIDA, INC. EXTENDING THE CURRENT LEASE TWELVE 8 (12)ADDITIONAL MONTHS;AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, on November 16, 2021, the City Commission approved resolution R21-156 12 authorizing the Mayor to sign a new Lease Agreement between the City of Boynton Beach 13 and Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street;and 14 WHEREAS, the current lease provides Lutheran Services Florida, Inc. eighteen (18) 15 months to secure permits and funding and is set to expire July 31, 2023; and 16 WHEREAS, on December 16, 2022, Lutheran Services Florida, Inc. notified the City the 17 construction costs for the proposed building had exceeded their budget projections and 18 requested additional time to secure funding for the deficit and/or look at additional options; 19 and 20 WHEREAS, Staff recommends extending the lease allowing Lutheran Services Florida 21 additional time to secure funding; and 22 WHEREAS, the City Commission has determined that it is in the best interests of the 23 residents of the City to approve and authorize the Mayor to sign the First Amendment to the 24 Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. 25 extending the current lease twelve (12) additional months. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission hereby approves and authorizes the Mayor to 32 sign the First Amendment to the Lease Agreement between the City of Boynton Beach and 33 Lutheran Services Florida, Inc. extending the current lease twelve (12) additional months. A S:\CA\RESO\Agreements\Approve First Amendment To Lease Agreement With Lutheran Services Florida-Reso.Docx 34 copy of the Amendment to the Lease Agreement is attached hereto and incorporated herein 35 by reference as Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 18th day of July, 2023. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 / 42 Mayor—Ty Penserga 43 / 44 Vice Mayor—Thomas Turkin ✓ 45 46 Commissioner—Angela Cruz 47t. / 48 Commissioner—Woodrow L. Hay 49 50 Commissioner—Aimee Kelley 51 52 VOTE S—� 53 54 ATTEST: 55 56 57 ► .40/ a1 II 58V Maylee De Je s, MPA, MMC Ty '"'fig 59 City Clerk Mayo 60 61 A' PROVED AS TQ FORM: 62 (Corporate Seal) // 63 64 _ \ 65 pyr1TON e��� •••O••••• •• �+��� Michael D. Cirullo,Jr. 66 14, ;y •:y �, City Attorney >-: S �e( 01 0 logs 19 A (111 • oA �'•••••• .... S:\CA\RESO\Agreements\Approve First Amendment To Lease Agreement With Lutheran Services Florida-Reso.Docx FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation ("Landlord") and the LUTHERAN SERVICES FLORIDA, INC., a Florida non-profit corporation ("Tenant") and shall be effective upon execution by the parties hereto. WITNESSETH : WHEREAS, on February 1, 2022, the Landlord entered into a Commercial Lease Agreement ("Original Lease") with Tenant for the leasehold premises legally described in the Original Lease having an address of 909 NE 3`d Street,Boynton Beach,Florida("Premises"); and WHEREAS,the Lease is set to expire on July 31,2023; and WHEREAS, the parties desire to enter into this First Amendment to Lease ("First Amendment")to provide for an extension of the term for an additional twelve (12)months from the expiration date of the Original Lease; and NOW THEREFORE, the parties hereto in consideration of the mutual covenants and promises contained herein agree as follows: 1. That the above referenced "WHEREAS" clauses shall be confirmed and ratified as if fully set forth herein. 2. The term of the Original Lease is hereby extended to July 31, 2024. 3. This Agreement may be terminated for convenience in whole or in part by the Landlord whenever for any reason the Landlord shall determine that such termination is in the best interest of the Landlord. The termination shall be effective thirty (30) days subsequent to delivery to the Tenant of a notice of termination. 4. Except as modified by this First Amendment, all terms, covenants, obligations and provisions of the Original Lease shall remain unaltered, shall continue in full force and effect, and are hereby ratified, approved and confirmed by the parties in every respect. If the terms and conditions set forth in this First Amendment shall directly conflict with any provision contained in the Original Lease,this First Amendment shall control. (00569000.1 306-9001821) 1 of 2 FIRST AMENDMENT TO LEASE AGREEMENT IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates set forth below. LANDLORD: CITY OF BOYNTON BEACH BY: F Print N. , . y Penserga Title: . ,or Date: %iaoa3 TENANT: LUTHERAN SERVICES FLORIDA, INC., a Florida non-profit corporation By: - Print Name: Robert Bialas,EVP Date: Jun 26, 2023 (00569000.1 306-9001821) 2 of 2 8. 1 .23-7. 31 .24 909 NE 3rd Street, Boynton Beach , Florida Lease Agreement West Palm Beach HS Final Audit Report 2023-06-26 Created: 2023-06-26 By: Lutheran Services Florida Inc-Contracts Dept(contracts@Isfnet.org) Status: Signed Transaction ID: CBJCHBCAABAAwH2PtGOnXDWHcuDgfoZQo1u4FEH-pY3p "8. 1 .23-7.31 .24 909 NE 3rd Street, Boynton Beach, Florida Leas e Agreement West Palm Beach HS" History Document created by Lutheran Services Florida Inc- Contracts Dept (contracts@Isfnet.org) 2023-06-26-1:51:07 PM GMT Document emailed to bob.bialas@Isfnet.org for signature 2023-06-26- 1:51:35 PM GMT Email viewed by bob.bialas@Isfnet.org 2023-06-26-1:53:41 PM GMT Signer bob.bialas@Isfnet.org entered name at signing as Robert Bialas 2023-06-26-1:55:28 PM GMT Document e-signed by Robert Bialas (bob.bialas@Isfnet.org) Signature Date: 2023-06-26-1:55:30 PM GMT-Time Source:server "= Agreement completed. 2023-06-26-1:55:30 PM GMT vowend by Adobe Acrobat Sign