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
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•••O••••• •• �+��� Michael D. Cirullo,Jr.
66 14, ;y •:y �, City Attorney
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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
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