R97-100RESOLUTION R97-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE AN
ADDENDUM TO THE LEASE AGREEMENT
BETWEEN THE CITY OF
FLORIDA AND BOYNTON
CENTER, INC.; AND
EFFECTIVE DATE.
BOYNTON BEACH,
PLAZA SHOPPING
PROVIDING AN
NOW,
COMMISSION
THAT:
WHEREAS, the City of Boynton Beach has entered into a Lease
Agreement for a police substation; and
WHEREAS, the Landlord (Boynton Plaza Shopping Center, Inc.)
and Tenant (City of Boynton Beach) have determined that certain
amendments should be made to said Agreement to better clarify and set
out the intent of both parties;
THEREFORE, BE IT RESOLVED BY
OF THE CITY OF BOYNTON BEACH,
THE CITY
FLORIDA,
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to
execute an Addendum to the Lease Agreement between the City of
Boynton Beach, Florida and the Boynton Plaza Shopping Center, Inc., a
copy of said Addendum being attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this /7' day of June, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Vic, Mayor
missioner' /
Co~m,~sioner ~
)x~(~/~,-} 00 ~DDENDUM TO LEASE AGREEMENT
WHEREAS:
A. The City of Boynton Beach, Florida, or its assigns (hereinafter called the "Tenant"), and the
Boynton Plaza Shopping Center, Inc.(hereinafter called the "Landlord") entered into that certain Lease
Agreement dated , (hereina~er referred to as the "Lease") containing
approximately 500 square feet (hereina~er referred to as the "Prermses"):
B. The parties have agreed to amend certain provisions contained in the Lease:
NOW THEREFORE, in consideration of the mutual covenants and conditions as hereina~er
provided and in consideration of the other terms, provisions and covenants hereof~ the receipt
and adequacy of which are hereby acknowledged, the parties agree that the Lease is amended as
follows:
1. pI~EMISE$ AND TERM
In the third line, "a" is d~l~t~l and r~placed with the word "the". In addition, the words "mutually
agreed upon by both parties, within the referenced shopping center" am deleted and replaced with
the words "substantially shown outlined in red on Schedule "A" attached hereto and".
In thc s~cond last line, thc words "in writing ninety (90) days" am added ai~r thc words "not to
nm~,v". In addition, thc word "next" is added ai~r thc words "commencement of thc".
2. T~RMINATION A1VB BINDING CONTRACT
In thc first linc, thc word '~l'¢nant" is deleted and replaced with thc words "Either party".
In thc second line,, th~ word "prior" is add~ b~for¢ thc word "wretch". In addition, thc word
"Landlord" is d~lged and r~plac~ with the words "to the other".
In th~ third linc, thc word '~l'~nant" is d~lcted and replaced with the words "either party".
3.
In thc first linc of subparagraph B. the word "may" is deleted and r~placed with thc words "will
only.
4. AgqIi~I~IENT AND SUBLETTING
In ~ ~ and third lines, tJ~ words "withou~ the prior written consent of Landlord, which
conserg Landlord shall not unreasonably wilJd~old." ar~ clel~ed in their entirety.
In the third and fifah lines of subparagraph A(I .), the words "sixty (60)" are deleted and replaced
with "~ny (30)",
PASSED AND ADOPTED this day of June,
CITY OF [
Mayor
FLORIDA
ATTEST: /
City Clerk /
Commissioner
Commissioner
-P~e2-
In the first line of subparagraph A(2.), the words "without Landlord's consent, except as otherwise
permitted hereto." are deleted in their entireW.
6. MISCELLANEOUS
In the second line of subparagraph A. the sentence "Nothing contained herein shall act as a waiver
of the City's immunities provided forin Section 768.28, Florida Statutes. ~ ~s deleted in its entirety.
In the first line of subparagraph I., the words "the City" are deleted and 'replaced with the words
"either party".
7. The following new sections are added to the Lease as follows:
Tenant shall, at its expense, maintain the Premises in good order and condition, and effect
and make all repairs and replacements to the Premises and to the fixtures, equipment and
machinery contained in or serving the Premises. The Landlord shall be responsible for
performing all structural repairs to the roof, bearing walls and foundation.
12.
13.
Tenant shaH, at its expense, insure its fixtures, stock-in-trade and other chattels or
.syste~ in or serving the Premises, its leasehold improvements and the storefront windows
for the full replacement value and maintain public liability insurance naming the Landlord
and the Tenant as insured in an amount of not less than $~,000,000.00 and shall maintain
such other coverage in such amounts as may be reasonably required by the Landlord or its
Tenant acknowledges that no sign ma,v be affixed to the exterior of the Premises .or
lettering placed upon the glass portions of same without first obtaining the Landlord's
prior written coaseat.
14. ASIS
15.
Tenant acknowledges that it accepts the Premises in an "as is" condition and that all
alterations, renovations, decorations or other work required in connection with the
Premises will be performed by the Tenant, at its sole cost and expense.
SITE PLAN. RELOCATION AND INABILITY TO COMPLETR
Tenant acknowledges that the sole object of the site plan attached as Schedule "A" is to
identify the approximate location of the Premises. The Landlord reserves the right to
make, at any time or times whether before or during the Term, any relocations,
rearrangements or other modifications to the site plan and/or Shopping Center (including
the Premises) required by governmental authorities or by the Landlord."
- Page 3 -
The foregoing agreement is being recommended to the Landlord by the undersigned and is not to become
effective or binding upon the Landlord until such time as the Landlord has accepted the terms of this
agreement as evidenced by its signature below. In addition, this proposal is open for acceptance by the
Tenant signing and returning at least two (2) copies of this agreement to the undersigned by no later than
June 9, 1997, failing which this proposal, at the Landlord's option, will become null and void.
AGREED TO this ~,
day o£June~ t997.
CITY OF BOYNTON BEACH
(Tenant)
Wimess
Wimess
Wimess
Wimess
By:
Gerald Taylor, Mayor
Attest:
City. Clerk
APPROVED this
day of.lune, 1997.
BOYNTON PLAZA SHOPPING CENTER,
INC. (Landlord)
Wimess
Wimess