R99-075RESOLUTION NO. R99-?,,¢'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND BOYNTON JCP
ASSOCIATES, LTD., PROVIDING SPACE FOR "CITY
HALL IN THE MALL" UNTIL MAY 31, 2000; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has established "City Hall in the Mall", which venture
has proven to be very successful in bringing government to the people; and
WHEREAS, Boynton JCP Associates, Ltd., has graciously offered to extend
our Lease Agreement at no charge to the City, for a one year period, expiring on
May 31,2000;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
authorizes and directs the Mayor and City Clerk to execute the Lease Agreement
between the City of Boynton Beach and JCP Associates, Ltd., a copy of which
ag reement is attached hereto as Exhibit "A."
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this /,~' day of June, 1999.
CITY FLORI DA
ATTEST:
Cite/Clerk
;e Mayor
Commissioner
Commissioner
uommissioner
Please type all information LEASE AGREEMENT
Form 40 (Rev. 10-98)
Date Prepared Agreement Commencement Date lAg,cement Ending Date
'~ant's Trade Name/DBA
City Hall In the Mall BOYNTON JCP ASSOCIATES, LTD., A
Legal Name FLORIDA LIMITED PARTNERSHIP
City Hall In the Mall 801 NORTH CONGRESS AVENUE
Principal Office Address BOYNTON BEACH, FL 33426
100 E. Boynton Beach Blvd.
City, State, Zip Sh(~pping CenterTrade Name
~, Boynton Beach, FI. 33425
ant,sTelephoneNo' BOYNTON BEACH MAi L
~ Sole purpose for which shopping center space can be used by the Tenam~
561-375-6028 or 561-375-6000 Information and display regardin§ the City
C~o~tact Name of Boynton Beach satellite customer service
Dale Sqgerman, Assistant City Manager center. Staffed by volunteers & City workers
SquareFootageO¢cupied Space ,.D. to provide a variety of services for the City &
1~,595 ! Near Center Fountairl
' Palm Beach County.
SIC Code - MIX C~de Total Contract Rent (excluding overage) Deposit IOue Date for Deposit I
Deposit
403200 N/~ N/A ! n/a [] Received by: n/a~
PERIOb START ' ~i
RENT SALES S.N..ES OVERAGE RENT
DATE DUE PERCENT
I ~ASE DUE DATE
6/1/99', N/C N/A N/A N/A
7/1/99 N/C ......
R/'I/~.q.q N/C ,, ,, ' ,,
N/C ......
~/!/99 N/~ ......
O l~J I~O NIC " " "
~.!~.~o utc ......
?/'1100 N/C ......
3!!
!90 N/C ......
4/1/00 N/c. ...... 1
.5/1/00 N/¢ ......
In consideration of the premises, covenants and agreements as stated above and hereinafter set forth, it is agreed by and between the parties as follows:
Demise of P emises: Subject to al of the terms and conditions hereof, Landlord rents to Tenant and Tenant rents from Landlord the Space, in the Shopping Center containing the agreed approximate square
]e of floor are~ specified above and more precisely described in Exhibit =1" attached hereto and made a part hereof. In addition, the Addenda listed below and attached to this Temporary Lease (the "Lease")
e) hereby im orporated by reference:
~ ,~rm: Landlord'., ' ' ' · · , '
Rleht Of EarlvTermmatlon. Tenant shall occupy and use the Space for the panod, stated above, commencing on the Commencement Date and ending on the Ending Date, unless sooner terminated as herein
provided. Notwithsta~ ..........
hng anything to the contrary hewn contained, Landlord may, at any time ddnng the term of this Lease, in its sole discretion and with or without cause, elect to terminate ~is Lease upon thirty (30) days advance wdttan
notice to Tenant (if the ' ; ....
erm s for 30 days or more) or upon ten (10) days advance written notice to Tenant (if the term ~s for less than 30 days). In the event of such election by Landlord, Tenant's obligations hereunder shall be apportioned
as of the effective dati ..........
the Space on account of such termination. Tenant understands and agress that it is race,ring terms and conditions which have been requested by acd are advantageous to Tenant in ratum for granting Landlord flexibility wifh reger~ to
)f the short., term of this L~ese, the Landlord's right to terminate the Lease on the. short notice. ~:m:Mded herein,, and the other ~rms end conditions hereof;, Tenant understands and agrees that it has no tights to the Space
beyond the term set fc 'th herein, and Tenant acknowledges that no one has m ada any representations or pmm~ cea to Tenant vath regard to renewal or extension of the term hereof, or limiting or elimi hating t he Landlord's dgnt to terminate
Landlord/Tenant°n short notice osiris tials'~t forth herein, or regarding relocation or possession of other space fn the Shopping Center. or in any other manner contradicting, qualifying, or limiting the express provisions hereof.
3. U.,~: (a) The ~ ' .
~ace may be occupied and usep by the Tenant solely for the purpose stated above, and for no other purl~se. Ad~tion of products other than those specified above is subject to Landlord's advance wntten approval,
in Landlord's sole disc ~etion. (b]
made its ow~ data,Tin .... Tenant shall use the Space under the .trade name specified, above; and said. trade name shall not be changed. ..... at any time dudng the term hereof without pdor wdtten consent by Landlord. (c) Tenant has
o r warranties of Lend, ~tlen of the suit abihfy of the Space and the Shoppmg Center for Tenant s use and businas& and acknowledges that it ~s entermg ~nto Ibis Lease based solely on its own investigation and not based on any representations
~rd or its representatives. Tenant acknovaedges that Landlord has made no representation to Tenant as to sales volume· (d) Tenant shall at all times maintain the Space including all windows, doors, entryways,
HVAC systems, alech cai systems, lighting, walls, carpets, security devices and other portions thereof, in good condition and repair, at Tenant's sole cost and expense. (e) Taanant shall compty with all laws, rules, regulations, orders,
or°rdinanceS'triggered bydimcfionSa chan~ and requirements of any governmental authority or agency, now in force orwhich may hereafter be in force, including without limitation those which shall impose upon Landlord or Tenant any duty with respect to
. le in the use or occupation of, or any improvement or alteration to, the Space. (f) Tenant shall not store any inventery, equipment or any other materials outside the Space, or do or permit anything to be done in or
about the Space or apt .........
use of display fixtures, urtenant commonareas, . . which would constitute a nuisance or I~azard,. , . or which vail, ~n any way obstruct or lntsrfere~th the. nghtsof o~er tenants oroccupantsof the Shopping Centerorinjure orannoytham. Tenant's
of its lease or of any r~~es[nd orTenantregulations.S over aU d~spley ut' goeds or merchandise ~s subject to Landlord s approval. Landlord shaJl not he responsible to Tenant for the nonparformance by any other tenant or occupant of the Shopping Center
4. Minimum Ren ::
Late Cha _r~e Or~or before the first day of each Payment Penod spac~tied above, Tenant shall pay Min~mum Rent to Landlord, ~thout notice, demand, or offset at the Landlord's office address specified above.
The parties recogniz ~ that damages will be suffered by Landlord on account of late payment which will be extremely difficult or impracticable to quantify· Accordingly, the parties have made their best estimate of
damaqeSis notanddelivere<herebl agreeto Landlordthat Tenanton or beforeShall paYthe duet° LandlOrddate. as liquidated damages on account of late payment of rent a sum equal to Ten Percent (10%) of any payment of Minimum Rent or Percentage Rent
~hr sC~.d~ta~eRm~r~ ~'~tnhianr fti;~ (alGi)red a..y,,s, ~a~,~t hd~:ldo~sne .of_.~..~_. P_ a~y,~e,~n t, ~P~e d~.od~ _T_e~. ~ant ~s~_a._ll. ~d~_ .h/e r to,?~,.d,. I,o. rd,_a complete and accurate whiten statement of gross sales in such period on Landlord's then-can'ant standard fom~,
,~., , n ,~,,,,,~, ....... m,,~u.~qu ....... ~,~enmgemenrr~aramuml31eoDy lenant'stota grnassatesforsuchPaymentPedodtotheextantsuchsalasexceedthePercentage Rent Base (the
h~ve r~(~hR;rnb~'~tTe~::: oe~ ~l~un~anmz.~e;~h~d~.~a~ .g~..s_wi/I ~b~. ,~s~_~_e~l_ _b~ _ ~L~_,, I_o_? .o_n, _ac~_ ~_u~_~t of !.ate.~e~ive. ~. of the above statomant, and ~uch damages are extremely difficult or impracticable to quantify, and accordingly, the padles
to Landlord on or befo ;;~he due date·'~'~ ~ ~ ' ~' ~Y '~'~-'~ u ~ u~u ~.m ~r ~nal pay ,o ~o m as llqudateo carnages on account of late delNery of the above statement the sum of $50.00 fo r each such statement which is not delivered
6. Gross Sales: AS used herein, "gross sales" means the revenue received from all goods, wares and merchandise sold and the revenues received from all se,vi
or entity n at or rorr~'the Space for cash credit or otherwise without raserw or'~'~-^'~-- ~ ...... ,, ....... , _ . . 'ces performed, by TalGant or any other person
regardless of where delivery or pertormance is made, (ii) pursuant to mail, te ephone, telegraph orders or otherwise received or filled at the Space (iii) resulting from transact ons originating in, at or from the Space;
and (iv) deposits not r~funded to customers. Excluded from gross sales shall be: (i) refunds to customers on transactions otherwise included in gross sales; and (ii) sales, excise or similar tax imposed by governmental
authority and collecteI from customers and paid out by Tenant. No other taxes or other expenses shall be deducted from gross sales. '
7. T ant' Boo an R rds:Tenantwillpreserveforat eastone(1)yearat~~riginalb~~ksandrec~rds~separateandidentifiab~e~dlsc~~singinf~rmati~npertalningt~gr~sssales ncluding, butnot mtedto, cashragister
tapessa~ess~ips~sa~se~hec~tts,bankbepa~itmc~rds~sa~esj~umalsand~thersupportingdata~AtanyfimedudngthetermofthisLeeseTenantshait upontwan -four 24 heu n '
attheSh°ppingCenter~ManagamantOfficeforexaminationoraudit Followingthee~(pirationoreartlertarminationofth~n~.~ ~ ......... ' ..... -:'- . ty { ) rs ot~ce from Landlord, presentsuchrecords
· - ....... ~.~.~ m ~ah, upon tan t ] u) Days notice from Landlord, Dresant such records at/he Shopping Center
nlore in excess or the Percentage Rent pad byTenant for any oenod Tenant sha ~rom-",, --- ~ ---,~-" "-- ~-* ~.,~u__. .......... . i ity ~or Fercentage Rent wh ch s 3% or
- ~ , ~. ~,.,z ~). ~ ,u,~u ~.~ ~,u~, u{ ~alu audit anu [ne uei'lclency in Percentage Rent. which deficiency shall be payable in any event.
u" 'ta'set'ortha e,P.' d, that,enanfobe.,for ne..requ,redh eunder an ,ords e,,
;i,~[ .... ?Io~ en ............. ~'~"'"=~u~="~m'u~`ve~[erman~con~mon~rmisLease~inc~udi~ge~3~tn~t~imitadt~thapa en~ofallrentandothers , d
;~s~emereoranals~lotrequiradtepayanyinterestthereon Atanytimebeforeoraftertheex,-~reti^n .... .~=. ,~,:__.,___,.~ , ,Y~ - _ umswhlchbecomedueheraundecLandlordshatinotbedeemed
· ' . . - .... ~=-,~ ~= ,-auu-u~u~sLease, Lanolommayapplyanyoral oftheSecurityDeposittoremedyanybreacheso theLease
and to any unpa*d rent or occupancy charges hereunder. With n the time provided by law, Landlord si ;~lr';;tum the unappiied balance of the Secudty Deposit to Tenant
Landlord/Tenant InitiAls --.
,-. ~M~TNESo ,*,, ,~,.. .......
· -~ o vvncmLu~-, rne part~es nave executed this agreement made the day and ye ir first above written. ~ ~,~ ~ IiroR~
lord)
Boynton JCP Associates, Ltd., a
Florida Limited Partnership
By:
Title: Andrea K. Horne, General Manaqer for
Boynton JCP Associates, ltd.
(~renant) .
CiTY ATTORNEY
lenant acknowledges/~nd accepts the foregoi.n~ Lease Agreement, subject to all the
Terms, Conditions ar~/Covenants set forth above;and on the reverse side and which
~e contained 6n an~xhibits attac~ed~ereto./~ ....... . may
Title: rald Broening, Mayor ~