R98-184RESOLUTION R98-/,~'~
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,
FLORIDA AND BOYNTON JCP ASSOCIATES,
LTD., PROVIDING FOR THE CITY TO CONTINUE
LEASING THE SPACE AT THE BOYNTON BEACH
MALL FOR "CITY HALL IN THE MALL"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has successfully operated
"City Hall in the Mall" at the Boynton Beach' Mall for the past several
years, bringing local government services to mall patrons, enhancing
community relations, and providing other useful services to the
community from this "satellite office;" and
WHEREAS, the customer service center at the Boynton Beach
Mall has, and will continue to, benefit residents throughout the City,
because of its centralized location and convenience in providing useful
services and creating positive exposure for the City and its programs to
the approximately 20,000 daily mall patrons; and
WHEREAS, City staff haS been able to successfully negotiate a
renewal that includes a rental rate of $0.00 per month to lease a space
of approximately 1,700 square feet; and
WHEREAS, the City Commission has deemed it to be in the best
interests of the residents and citizens of the City of Boynton Beach to
continue "City Hall in the Mall" and execute the lease agreement
between the City of Boynton Beach and Boynton JCP Associates, Ltd.
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,
Florida does hereby authorize and direct the Mayor and City Clerk to
execute the Lease Agreement between the City of Boynton Beach and
the Boynton JCP Associates, Ltd., providing the space for a "satellite
office" at the Boynton Beach Mall, a copy of said lease being attached
hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this 4Z day of A~/~z~-'~ , 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
¢ 1920/
For Pro Tern
Cofi~missioner
Commissioner
Please ~/pe all information
iCorp.NO. I Date Prepared
142 7 8 734 5/27/98
Agreement Commencement Date
:~une 1, 1998
LEASE AGREEMENT
Form 40 (Rev. 4-97)
Agreement Ending Date
May 31, 1999
' ~enant's Trsde Name/DBA
City Hall In The Mall Boynton 7CP Associates, ltd., a Florida
Legal Name Limited Partnership
City of Boynton Beach 801 N. Congress Ave.
Phncipe~)fficeAddress Boynton Beach, Fl. 33426
100 E. Boynton Beach Blvd. I
Ci y Stat~, ~p Shopping CenterTrade Name
Boynton Beach, Fl. 33425
Tenant's Telephone No. Sole purpose for which shopping canter space can be used by the Tenant
56:1/375-6028 Information and display regarding the City
Conta~ame of Boynton Beach/satellite customer service
K~ Willis· City Manager center. Staffed by volunteers and city
Sq~rsF~tageOccuCed Spacs~.D. workers to provide a variety of services for
1,;595 111 the City and Palm Beach County.
SiC Cod~ - MIX Code Tctal Contract Rent (excluding overage) Deposit Due Date for Deposit I
I Deposit
403200. 000 N / C N/A N/A [] Received by:
' PERIOD START RENT SALES SALES OVERAGE RENT
DATE DUE PERCENT EASE DUE DATE
~u~e 1. 1998 $ N/C N/A N/A N/A
' 7Ulv 1. 1998 ' N/C' ,, ,,
Aug. 1. 1998 ~t/m
Nov : ~ 'w ~ ,, ,,
· 1 1998 M/C "
Tan. 1. 1999 -~-__N/C "
' ·
~. 1 1999 'N/C " " "
MMr. 1. 1999 ~ ,~/~ "
pr~ 1, 1999 .N/C ,,
,n considaration of the premises, covenants and agreements as stated above and hereinafter set forth, it is agreed by ~ between the pa~as as follows:
1. Demise, of Premises: Subject to all of the terms and conditions hereof, Landlord rents to Tenant and Tenant rants from Landlord the Space. in the Shopping Center containing the agreed approximate square
footage of itd0r area specified above and more precisely described in Exhibit "1" attached hereto and made a part hereof. In addition, the Addenda listed below an{3 attached to this Temporary Lease (the "Lease")
is (are)iheraby incorcorated by reterence:.
2. Term,~andlord' Ri, ht Ea .T-rmin ' n:Tenantshal~~ccupyandusetheSp~cefortheped~d~statedab~ve,c~mmencing~n~hec~mmancementDateandending~ntbeEndingDate, unleeesnonerterminatedashersin
pr~~, the contrary, herein contained, Landlord may, at any time dudng the term of this Lease, in its sole discralion and with or without cause, elect to terminate this Lease upon thirty (30) days advance written
notice to T~nan~ (if the term is for 30 days or more); or upon ten (10) days advance wdttan notice to Tanant (if the term is for lass than 30 days). In the event of such election by Landlord, Tenant's obligations hereunder shall be apportioned
as of the [ef~ecliye date of such termination. Tenant understands and agrees that it is receiving terms and conditions which have been requested by and ere advantageous to Tenant in return for granting Landlord flexibili[y with regard to
the Spacean aCcount ~f the short term of this Lease, the Landford's right fo terminate the Lease on the short notice provided herein, end the other terms and conditions hereof; Tenant understands and agrees that it has r~ fights to the Space
beyond th~ term set forth herein; and Tenant acknowledges that no oeo has made any representations or promises to Tenant with regard to renewal or extension of the term hereof, or limiting or eliminating the Landlord's right to terminate
on short rtotice as set forth herein, or regarding 'eiocation or possession of other space in the Shopping Center, or in any other manner contradicting, qualifying, or limiting the express provisions hereof.
Landlord/Ten mt Initials
3. Uee:(~ TheSpacemaybe~ccupiedandusedbytheTen~nts~eiyforthepurpasestatedab~ve,andf~rno~therpurgeee~AdditI~ndpreductsctherthanth~sespeci~edab~veisaubjectt~Land~Ord~sadvancowrittanappr~va~
in Landlord's: le discre!ion. (b) Tenant shall use the Space under the trade name specitied above; and said trade name,shall not be changed at any time during the term hereof withou~ prior whiten consent by Landlord. (c) Tenant.has
madeitsOWn, termination~fthesuitabi~ityoftheSpaceandtheShpppingCenterf~rTenant~suseandbusinaas~andacknowiedgesthatitisantedngint~th~sLeasepaasds~taiy~nits~wn~rwastiga~nandn~tbesedonanyreprasantations
orwarrant~es Landlordorits reorasentagvas. Tanant acknowiedgesthat Land~rdhasmauenoreprasentati~nt~Tenantast~sal~asvofume~(d)Tanar~tsha~atal~tImesmaintalntheSpaue~ includingallwindows, doo~ entryways,
HVACsystan etectr~ca systems~iightIng~wei~s~carpets~securitydevicasand~therpOrtionsthere~f~ingcodc~nditionandrep~ir~atTena~t~ss~c~st~andexger~(e)Ten~antsha~comp~ywithati~aws~rutas~ reguta!ions, orders,
ord nance~, d ,,ctions ~n.d reduiraments of any govemmantal authoitty or agency, now in force or which may hereafter be in farce, ~ncluding wffhout I~mitation thsee which, shalhm, pose upon Lendlord er Tana~t any ~luty w~th r~spe? to
or triggered b: [ change in the use or occupation of, or any improvement or alteration to, the Space. (f) Tenant shall not store any inventory, equipmant er any other matenals outside the Space, or do or Permit anything to be done m or
about the Spa ~ o~ app~rtanant common areas which would conatitute a nuisance or hazerd, or which will in any way obstruct or inter'ers with the fights of other tanants or occupants of the Shoppfog Center or injure or.annoy them. Taner~'s
use of diSl~ay durss and Tenant's over-all display of goods or merchandiseis subject to Landlord's approval. Landlord shall not be rasponsible toTenant for the nonpedormanoe by any other tenant or occupant of the Shopping Canter
of its leaseor any rules or regulations.
4. Minim~ tm Renl ;: On or before the tirst day of eanh Payment Pelted specified abeve. Tenant shall pay Minimum Rent to Landlord, without no,ice, demand, or offeet at the Landlord's office address sbecified edove.
The t 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
agree that Tenant shall pay to Landlord 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
I to Landlord on or before the due date.
(5) days after the close of each Payment Period, Tenant shall deliver to Landlord, a complete and accurate written statem ant of gross sales in such pedod, on Lan dlom"s tben-current standard fon~.
Tenant shall ramit to Landlord an amount equal to the Percentage Rent Rate multiplied by Tenant's total gross sales for such Payment Pedod to the extent such sales exceed the Percentage Rent Base (the
artias recognize_that damages will be suffered by Landlord on account of late delivery of the above statement, and such damages are extremely difficult or impracticable to quantify, and accordingly, the parties
that the Tenant shell pay to Landlord as liquidated damagas on account of late delivery of the above statemant the sum of $50.00 for each such statomant which is not dalivered
~ due data.
6. used herein, "gross sates" means the revenue received from all goods, wares and merchandise sold. and the revenues received from all services performed, by Tenant or any other person
lor cash. credit or otherwise, without reserve or deduction for uncollected amounts, including ~3ut not limited to sales and sen/ices Ii) where orders anginate in. at. or from the Space,
made, [ii) pursuant to mail, telephone, telegraph ordain or otherwise received or filled at the Space. (iii) resulting from transactions odginaitng in. at or from the Space;
ana 'efunded 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 govemmantal
authority collected from customers and paid out by Tena~nt. Nc, othar taxes or other ex~:~.nses shall be deducted from gross sates.
7. Tenant's Books and Records: Tenant.will preserve for at least one [1) year alt odginal books and records, sedarate and idantifiable, d sclosing information gertaining to gross saJes, inoluding, but not limited to, cash registar
tapes sates slips, solos checks, t,~ax=r~/ts, b ~a~,k deposit records, sat as journals and other supporting data. At any time dui, ng the ta rm of this Lease, Tenant shall, upon twenty-four (24) hours notice from Landlord, present such records
attheShpppr~gCent~rManagem~ntOffic~.orey¢min~tionnrm~¢ir FnllowinatheexplrationorearlierterminationofthsLease Tenantshal upon tan (10} days nofJce from Land ord presentsuchrecordsattheShoppngCecter
Managorr~ent ~3ffice fo~r examination or audit. Tenant shall promptly pay any deficiency in Percentage Rent disclosed by such examination or audit. If such examination or audit discloses a liability for Percentage Rent which ~s 3% or
¢_ ~m.o.=re in excas~ or the Percentage Rent paid by Tenant for any period, Tanant shall promptly PaY Landlord the cost el said audit and tho deficiency in Percentage Rant, which deficiency shall be payable in any event.
8. Securitv:DeD~sit:Concurrs~twithTenent~sexecu~on~fthisLease~Tenantsha~depositwithLand~rdtheSecudtyDepceitassetforthab~ve`Pr~videdthatTenant~pens~orbusinessasrequiredhereunder~ LendlordshaJlhold
J men!as as s. ecur~ for Tenant's faithful performance of each and every term and condition of this Lease, including but not limited to the payment of all rant and other sums which become due hereunder. Landlord shall not be deemed
Jstas b~e[gpf and is not required to pay any interest thor .e. on. At any time before or after the expiration 6r earlier termination of this Lease, Landlord may apply any or all o[ the Secudty Deposit to remedy any breaches of the Lease
J to any ubpaid~ rent or occupancy charges hereunder. Within the ~ime provided by law. Landlord shall return the unapptied balance of the Security Deposit to Tenant.
La~dtord/~'eqant Initials . '
IN WlTNES~ WHEREOF, the parties have executed this ag~'eement made the day and year first above written.
(Landlord) BOynton ~CP Associates, Ltd., a (Tenant)
Florida Limited Partnership City of Boynton Beach
By:
Andrea K. Home, General Manager for
Title:
Boynton ~CP Associates, Ltd.
Tenant acknowleages and accepts the foregoing Lease Agreement, subject to alt the
Terms, Conditions and Covenants set forth above and on the reveree side and which may
be contained on any exhibits attached hergto~ /
Please t~.~e all information
- 78734I
Date Prepared
Agreement Commencement Date
Tune 1, 1998
LEASE AGREEMENT
Form 40 (Rev. 4-97)
Agreement Ending Date
[ May 31, 1999
5/27/98
!=,,~,,{'s Trade Nam~DBA
City Hall In The Mall
Legal Name
City of Boynton Beach
Principle Office Address
100 R,. BoB'tb:~n Beach Blvd.
City, State, Zip
Boynton Beach, Fl. 33425
Tenant's Telephone No.
561/375-6028
Contact Name
Kerry Willis, City Manager
Souare FootageOccdpied Space I.D.
1,595 111
Total Contract Rent [excluding overage)
N/C
SiC Code - M X Code
403200.000
Boynton ~CP Associates, ltd., a Florida
Limited Partnership
801 N. Congress Ave.
Boynton Beach, Fl. 33426
Shopping Center Trade Name
Sole purpose forwhich shoPl3ng canter space can be used by the Tenant:
Information and display regarding the City
of Boynton Beach/Satellite customer service
center. Staffed by volunteers and city
workers to provide a variety of services for
the City and Palm Beach County.
Deposit Due Date for Deaosi~
N/A N/A ~ Deposit
L.-J Received by:
PERIOD START RENT SALES SALES OVERAGE RENT
DATE DUE PERCENT BASE DUE DATE
Tune 1, 1998 S N/C N/A N/A N/A
)uly 1. 1998 'N/C · " " "
AuG. 1. 1998 ~,/~ " " "
~e6t. 1. 1998 ..,~ " ,,
~-t. 1.' 1998 .... " " ll
IOV. 1, : 1998 N/C "
.... Dec. 1. 1998 ..,. " " ,,
ffan. 1. 1999 -- N/C ,, ,, ,,
Feb. 1~ 1999 N/C_ ,, ,,
Mar. 1, 1999 ,,
Apr. 1, 1999 N/C "
May 1, 1999 ',.~ N/C , -
n consideration oltha premises, covenants and agreements as stated above and hereinafter set forth, il is agreed by and I~etween the parties as follows:
1. Demise of Premises: Subject to all of the terms and conditions hereof, Landlord rents to Ten.ant and Tenant rents from Landlord the Space. in the Shopping Center containing the agreed approximate square
footage of floor area 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")
is (are) hereby inc(~rporated by reference:
2. Term: Landlord's Rinht Of EarlvTarmthafion: Tenant shall occupy and use the Space for the petted, stated above, commencing on the Commencement Date and ending on the Ending Date, unless sooner terminated as herein
provided. Notwithstanding anything to the contrary herein contained, Landlord may, atany time during the term of this Lease, in its sole discretion and with or without cez~se, elect to terminate this Lease upon thirty (30) days advance wdtten
notice to Tenant (if the t~l:m is for 30 days or more); or upon tan (10) days a~ written notice tb Tenant (if the term is for less than 30 days). In the event of such election by Landlord, Tenant's obligations hereunder shall be appor;.ioned
as of the effective date of such termination. Tenant understands and agrees that it is receiving terms and conditions which have been requested by and ara advantageous fo Tenant in return for granting Landlord flexibility with regard to
the Space oh account of the short term of this Lease, the Landlord's dght to terminate the Lease on the short notice provided herein, and the other terms end conditions hereof;,Tenant ondarstands and agrees that it has no dghts to the Space
beyond the ~erm set forth herein; and Tenant acknowledges that no one has mede any representations or promises to Tenant with regard to renewal or extension of the term harsof, or limiting or eiiminsting the Lan~ord's dght to terminate
on short notice as set forth herein, or regarding relocation or possession of other space in the Shopping Center, or in any other manner contradict rig, qua fy rig, or m ting the express provisions hereof.
Landlord/Tenant Initlals ___ .
. 3, Usa:(a)Th~pa~emayhaoscupiedandusedbytheTanants~ielyforthepurp.~"s-estatadab~ve' ~a~n`?.~`.forn~thergurpose.Addti~nofpr~duofsofherthanthosespeci~edab~veissubjecttoLandtord%edvencewrittenappr~ve~.
~n Landlord's sole d~soretion. (b) Tenant shall use the Space under the trade name spac~fied above; and sad trade name shall not ha changed st any time during the term hereof without prior written consent by Landlord. (C) Tenant has
mede its own dete rmin alien of the suitability of the Space and the S hopping Center forTenant's use and bueineas, and adimo~edgas that it is ente~g into ~s Lease based solety on its own i nvastigalfon and not bas ed on any mpresenta~ons
or warranties of Landlord or its representatives. Tenant acknowledges that Landlord has made no representation to Tenant as to sales volume. (d) Tenant shell at all times maintein the Space, including all windows, doors, entryways,
HV,.AC system, s, e!ectrisel systems, lighting, wails, carpets, asoudty .devices and other ~ortfons ther .an.f., in good condition and repair, at Tenant's sole cost and expanse. (e) Tenant shell comply with all laws, rules, regulations, orders,
ordinances, directmns ~ requ~remants of a~..y govemman, tal aulhonty or ag~>/.: now in force or which may hereafter be in force, including without Imitatlon those which shell impose upon Landlord or Tanant any duty with respect to
or tnggared by a change m the use or occupation of, or any~mprovemant or altera~on to, the Space. (f) Tenant shall not store any iovantory, equipment or any other materials outside the Space, or do or permit anything to be done Jn or
adoutthe Space or abp~rtanant common areas whish would constitute a ouiseoce or hazard, or u,~ich will in any way obstroct or interfare with the righ~of other tanants or osoupants of the Shopping Ceoter orinjure or aonoy tham. Tanant's
useof display fixtures and Tenant's over-all display of goods or merchandise is subject to Landlord's approval Landlord shall not be responsible to Tenant for the no~padormance by any other tenant or occupant of the Shopping Canlor
of ts lease or of any rules or regulations.
4, Minimum Rent: Late Char_ce: On er before the first day of each Payment Pehod spacified above, Tenant shall pay Minimum Rant to Landlord, without notise, demand, or offset at fha Lendlord's offise address spacitied above.
The partie{ rec~ognise 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
dam~.ges and hereby agree that Tenant shall pay to Landlord 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
~-:-~h is not deliverad to Landlord on or before the due date.
, Percentage Rant: Within five (5) days alter the close of asch Paymant Pednd, Tanant shall daliver to Landlord, a complete and accurate w~tan statament et grass aslas in such betted, on Lan~orcrs than.current standard form,
;~ with Said statement, T~nant shall.remit to Landlo rd a~ amount equal to the Percentage R ant Rate multiplied by Tenant's total gross sales for such Payment Period to the extent such sales exceed the Percentage Re nt B ese (the
~ , jentage Rant"). The parties recegn~ze_t hat dameges w~ll ha suffared by Landlord on account et late delivery of the above statemant, and sush damages are extremely di~cdit or imprecticabte to quantify, and ecserdingly, tha par~jas
have made their ~est estimate of dam ages and here by ag me that the Tenant shall pay to Landlord as liquidated damages on account of Pate delivery of the above statement the sum of $50.00 for each such statement which is not delivered
td Landlord on or before the due date.
6. ~: As used herein, "gross sales" means the revenue received from all goods, wares and merchandise sold, and the revenues received from all services pedormed, by Tenant or any other parson
or entitY in, at, or fror~ the Space, for cash, credit or otherwise, without reserve or deduction for uncollected amounts, including but not limited to sales and services (i) where orders originate in at or from the Space
regardless bf Where delivery or performance is made, (ii) pursuant to mail. telepilone, telegraph orders or otherwise received or filled at the Space, (iii) resulting from transactions originating in, at or from the Space;
arid (iv) del~osits not r~funded to customers Exc uded from gross sales she be- ( ) refunds to customers on transact OhS otherwise nc uded n gross sa es' and ( ) sa es exc se or s m ar tax reposed by ovemmentai
authonty and cO!lac.ed from customers and oeid out by Tenant. No other taxes or other expenses shall be deducted from gross sales.
: Z Tenant's Bool~
t~pas:saJes ~lips ~ales
a[ the Shabplng Centel
Management Office for
more in excess or the F
r~ ¥~i[ Senu~b/Deom
J monie~ as
rstee: --thereof and is
I tO any unpaid re
)dlord/~enant Init
N WITNESS WHE
(Landlord)
:and Records: Tenant wi!l precede for at least one (1) year all original books and records, separate and identifiable, disclosing inform~tipn pertaining to gmssseias, ~cluding, but not limited to, cash register
;h acks, tax reports, bank da posit records, sales journals and of her supporting data. At any time during the term of tN s Lease, Tenant shall. Upon twenty-four (24) hours notice from Landlord, present such mco~s
Management Office for examination or audit. Fotlowth_n the exnir~on or esriiar termination of this Lease, Tenant shall, upon ten (10) days notice from landlord, present such records at the Shopping Center
examination or audit. Tenant shall promptly pay any deficiency in Pementage Rant disclosed by such ex~minatlon or audit. If such examination or audit discloses atiability for Pemantage Rent which is 3% or
.~mentage Rent paid by Tenant for any period, Tenant shall prompity pay Landlord the cost of said audit and the deficiency in Pementage Rent, which defidancy shell be payable in any event.
it: Concurrent with Tenant's execution of this Lease, Tenant shell deposit with Landlord the Seoud[y Deposit as set forth above. Provided that Tenant opens for business as required hereunder, Landlord shati hold
[or Tenant's faithful performance of each and every term and conditionof this Lease, including but not limited to the payment of all rent and other strns which become due hereunder. Landlord shall not be deemed
3of required to pay any tnt erest thereon. At any time before or after the expiration br eadier termination of this Lease. Landlord may apply any o r all of the Security Deposit to remedy any breaches of the Lease
~t or occupancy charges.hereunc~er. Within the time provided by law. Landlord shell return the unapptied balance of the Security Deposit to Tenant.
als --.
:~EOF' the parties have executed this agreement made the day and year first above written.
~BOy~. ~ton ]CP Associates l Ltd., a (Tenant)
Florida Limited Partnership City of Boynton Beach
By:
Title:
Andrea K. Home, General Manager for
Boynton ICP Associates, Ltd.
Tenant acknowledges and accepts the foregoing Lease Agreement, subject to all the
Terms, Conditions and Covenants set forth above and on the reverse aide and which may
be contained on any exhibits attached her,~t.~f
sy'~ Gerald Taylor//Y~./~t ~~
Title: Mayor