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R12-085I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, staff is recommending the City Commission approve the execution of 19 ; the Commercial Lease Agreement between the City of Boynton Beach and Glaston Sims d/b /a 20 Alex Sims Barber Shop for Unit A located at 909 North Seacrest Boulevard. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach hereby approves and 27 authorizes the Mayor and City Clerk to execute the Commercial Lease Agreement between the RESOLUTION NO. R12 - 0S5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GLASTON SIMS DB /A ALEX SIMS BARBER SHOP; PROVIDING AN EFFECTIVE DATE. WHEREAS, in July, 2010, an Assignment of Lease Agreement was entered into between the Boynton beach Community Redevelopment Agency and the City of Boynton Beach where the CRA assigned its interest as Landlord for 909 North Seacrest Boulevard to the City as part of a land swap transaction; and WHEREAS, Mr. Sims, the tenant in Unit A has contacted the City requesting a rental relief for his unit due to economic hardship; and 28 City of Boynton Beach and Glaston Sims d /b /a Alex Sims Barber Shop for Unit A located at 909 Document in Windows Internet Explorer 1 North Seacrest Boulevard, a copy of which is attached hereto as Exhibit "A ". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 PASSED AND ADOPTED this 21 day of August, 2012. CITY OF BOYNTON BEACH, FLORIDA Mayor — Woodrow ice r — Mack McCray Commiss' er — Co missio — Steven Holzman Commissioner — Marlene Ross ATTEST: j Jan M . Prainito, MMC lerk Document in Windows Internet Explorer X! Commercial Lease Agreement This Commercial Lease Agreement ( "Lease ") is made and effective this day of October, 2012, by and between CITY OF BOYNTON BEACH, 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 ( "Landlord ") and Glaston Sims ( "Tenant "). Landlord is the owner of land and improvements commonly known and numbered as 909 North Seacrest Boulevard, Boynton Beach, Florida 33435 and legally described as: Lot 145, Block D of BOYNTON HILLS, according to the Plat thereof, as recorded in Plat Book 4, Page 51, LESS and EXCEPT THAT PART OF Lot 145, Block D which is included in the external area formed by a 20 foot radius arc which is tangent to the Northerly line of said Lot 145 and tangent to the East line of said Lot 145, of the Public records of Palm Beach County. Landlord desires to lease approximately _square feet ( "Leased Premises ") of the building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term A. The term of the Lease shall be from month to month commencing October 1, 2012. B. Either party may terminate the lease on the final day of the month by giving notice no later than the 10th day of the month proceeding the month intended for termination. By way of example: Landlord may terminate the lease on June 30, 2012, but must provide Tenant with notice of termination no later than May 10, 2012. 2. Rental A. Tenant shall pay to Landlord, commencing as of first day of the month following execution of this Agreement, monthly rent in the amount of $355.00 per month. Each monthly installment payment shall be due in advance on or before the first day of each calendar month during the lease term, with a five -day grace period, to Landlord at Boynton Beach City Hall, Finance Department, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435. Rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. Tenant shall also pay to Landlord a "Security Deposit" equal to two months' rent. A late fee of Fifty and 00 /100 Dollars ($50.00) shall be applied to any rent payments which are more than five 5 days late IBM Use is limited to a barber shop as that term is defined in Florida Statute Chapter 447, and for no other purpose. CADocuments and Settings \stanzionet \Local SeningsUemporary hxtemet Files \OLKE \Conunercial Lease Agreement - Sims Barber Shop.doc 4. Sublease and Assi nment. This Lease is not assignable and Tenant may not sublease the Leased Premises 5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Landlord is not responsible for any repairs or maintenance of the leased Premises. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Proverty Taxes. A. Tenant shall pay to Landlord fifty percent (50 %) of the proportionate share of the real property taxes based on the ratio of square footage of the Leased Premises to the total square footage of the property. B. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. A. If the Leased Premises or any other part of the "Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Tenant shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. CADocuments and Settings \stanzionet \Local SettingsUemporary Intemet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Si ns. Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. During the term of this Lease, Tenant shall have the non - exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate C Oocmnents and Settings \stanzionet\Local Settings \Temporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. 13. Damage and Destruction. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease shall be deemed terminated as of the date of such damage. 14. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Ouiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condenmation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either parry to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Securitv Deposit. The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non- waivable law or regulation, Landlord may commingle the Security Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such CADocuments and Settings\stanzionet \Local Settings \Temporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: City of Boynton Beach Attn: Interim City Manager 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 If to Tenant to: Glaston Sims Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 20. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 21. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record. C: \Documents and Settings\stanzionet \Local SettingsUemporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc 22. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 23. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 24. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve percent (12 %) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 25. Comvliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 29. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 30. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CADocuments and Settings \stanzionet \Local SettingsUemporary Internet Files \OLKE \Commercial Lease Agreement - Sims Barber Shop.doc CITY: Elvftmv I OVICE OF THEXITY ATTORNEY WITNES S TO TENANT BY: A"f WOODROW HAY, OR rP FByy AL STON SIMS WITNESS AS TO TE ANW ) Ss. COUNTY OF OATH CHERRY-GUSERMAN MY COMMISSION i tg 267630 EXPIRES: June 'f2,2016 J, r Banded Thru Budget Notary Semkoo-1 4 A NOTARY PUBLIC My Commission Expires: Icy . r ()qo a C:\Documents and Settings\stanzionet\Local Settings\Temporary Internet Files\OLKE\Commercial Lease Agreement - Sims Barber Shop.doc