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R10-042 1 1 RESOLUTION NO. R10 -042 2 3 A RESOLUTION OF THE CITY COMMISSION 0 ' THE 4 CITY OF BOYNTON BEACH, F I RIDA, 5 AUTHORIZING THE MAYOR AND CITY ERK TO 6 EXECUTE ADDENDUM NO. 1 1 LEASE 7 AGREEMENT BETWEEN THE CITY • BOYNTON 8 BEACH AND THE BOYNTON BEAC - CHILD CARE 9 CENTER, INC.; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City currently leases pr .erty located at 909 NE 3rd Street to the 13 Boynton Beach Child Care Center, Inc., whic ease expires on October 1, 2010; and 14 WHEREAS, the Boynton Beach • ild Care Center, Inc., holds a Sublease Agreement 15 with Palm beach County which will - pire on May 31, 2010; and 16 WHEREAS, in order for e County to proceed with the amendments to the Sublease, 17 the City's Lease Agreemen must first be amended to a term equal to or in excess of the 18 proposed Sublease Agre ent; and 19 WHEREA upon recommendation of staff, the City Commission has determined that 20 it is in the best nterests of the residents of the City to execute Addendum No. 1 to Lease 21 Agreement etween the City of Boynton Beach and the Boynton Beach Child Care Center, 22 Inc., to .perate a community service center with the primary activity being child care and 23 chili care related activities located at 909 Northeast 3 Street, Boynton Beach, Florida. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize the execution of Addendum #1 to the Leas Agreement between the City of 3 Boynton beach and the Boynton Beach Child Care C- ter, Inc., to operate a community 4 service center with the primary activity being chil• care and child care related activities 5 located at 909 Northeast 3` Street, Boynton Beach 'lorida, a cop, of which is attached hereto 6 as Exhibit "A ". 7 Section 3. This Resolution sha become effective immediately upon passage. 8 9 PASSED AND ADOPTED tit'. day of April, 2010. 10 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Jose Rodriguez, Mayor 15 16 17 Woodrow L. Hay, Vice Mayor 18 15 20 William Orlove, Commissioner 21 `'2 23 Steven Holzman, Commissioner 24 25 26 Marlene Ross, Commissioner 27 ATTE T: 28 f 29 30 _ 31 anet M. Prainito, MMC 32 City Clerk 33 3 35 36 37 (Corporate Seal) e c-0 Los_ ADDENDUM NO. 1 TO LEASE AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH CHILD CARE CENTER, INC. THIS ADDENDUM, dated this day of March, 2010 is entered i • between the CITY OF BOYNTON BEACH, hereinafter referred to as "LESSOR ", and : • YNTON BEACH CHILD CARE CENTER, INC., hereinafter referred to as "LESSE ' . The LESSOR and the LESSEE, in consideration of the mutual covenants contained in e Lease Agreement and the terms of this Addendum agree that the Lease Agreement be een the LESSOR and LESSEE dated February 7. 2006 is amended as follows: 1. The name of the Lessee in the introductory sectio 4f the Lease is amended as follow: BOYNTON BEACH CHILD CARE CE ER, INC., whose address is, 909 NE 3 Street. Boynton Beach, FL 33425, her nafter referred to as "LESSEE ". 2. Article I, name of Lessee is amended follows: LESSEE Name: Boynt• Beach Child Care Center, Inc. 3. Article III, B is amended as f lows: B. LEASE TERM r ND RENEWALS: The initial term shall commence October 1, 2005 and sh. end May 31, 2015. LESSEE shall have one (1) five (5) year option to renew th• Lease. LESSEE must provide written notice to LESSOR, no less than sixty 4 0) days prior to the expiration of the current term, of its intent to exercise its opt* on to renew by providing If Lessee timely elects to exercise the option to extend tl(e Term of the Lease, the option terns shall commence upon expiration of the then current term on May 31, 2015, and expire May 31, 2020. E v Datat85vItems18011067 v626`,BoyntonChddCareCtr LeaseAddendum 1 2010 dec - 1 - 4. All other terms of the Lease dated February 7, 2006 shall remain in full force and effect. 5. LESSOR acknowledges and contemporaneously with the execution of this Ad•-ndum approves the Sublease between LESSEE (BBCCC) and Palm Beach County. IN WITNESS OF THE FOREGOING, the parties have set their hands . d seals the day and year first written above. LESSOR: CITY OF BOYNTON BEACH BY: JOSE RODRIGUEZ, MAYOR ATTEST BY: JANET PRAINITO. CITY CLERK APPROVED AS TO FORM: BY: CITY ATTORNEY LESSEE: BOYNTON BEACH CHI D CARE CENTER, INC. By: LENA RAHMING, DIRE, OR WITNESSES: Print Name: Print Name: E \Data \85 \Items180 \1067\626 \Bo"ntonCh'IdCareCtr LeaseAddendum l 2010 doc -2- STATE OF FLORIDA ) ) ss: COLNTY OF PALM BEACH) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of , a company authorized to conduct business in e State of Florida, and acknowledged execution of the foregoing Addendum as the pro , ,er official of , for the use and purposes mentioned ' it and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand • ► official seal at in the State and County aforesaid on this day of , 2 r 0. NOT. Y PUBLIC (Name of otary Typed, Printed or Stamped) E ■Darn■85 \Ite.zs180 '■1067 \626\BoyntonChiIdCareCtr LeaseAddendum 1 2010 doc -3- R10-042 TABLED ON APRIL 6, 2010