R15-011 1 RESOLUTION NO. R15 -011
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 i FLORIDA, APPROVING AND AUTHORIZING THE
6' MAYOR AND CITY CLERK TO EXECUTE A
7 COMMERCIAL LEASE AGREEMENT BETWEEN THE
8 ( CITY OF BOYNTON BEACH AND STAGE LEFT
9 THEATRE, INC., FOR LEASE OF THE MADSEN
10 E CENTER; PROVIDING AN EFFECTIVE DATE.
11 '`
12I WHEREAS, in 2012, the City entered into a Lease Agreement with Stage Left
13 Theatre. Inc., to allow the private- non - profit use of the Madsen Center located at 145 SE 2"
14' Avenue; and
15 i WHEREAS, Stage Left has successfully operated the non -profit community theater at
16 j this facility and made a number of authorized improvements to the building interior to better
17 support theater operations; and
18 WHEREAS, the Lease must now be extended and City staff is proposing an
19 extension/renewal of the Lease for a term ending July 15, 2017; and
20 WHEREAS, staff is recommending the City Commission approve the execution of
21 the Commercial Lease Agreement between the City of Boynton Beach and Stage Left Theatre,
22 Inc., for lease of the Madsen Center to hold live stage plays and musical productions.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission hereby approves and authorizes the Mayor and City
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1 Clerk to execute the Commercial Lease Agreement between the City of Boynton Beach and Stage
2 Left Theatre, Inc., for lease of the Madsen Center for live stage plays and musical productions for
3 the monthly lease amount of $1.00 for a term ending July 15, 2017, a copy of the Lease is
4 ; attached hereto as Exhibit "A ".
5 1 Section 3. This Resolution shall become effective immediately upon passage.
I i
6 ' PASSED AND ADOPTED this 3rd day of February, 2015.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
101 YES NO
11 Mayor — Jerry Taylor ✓
12I
13 Vice Mayor — Joe Casello ✓
14
15 Commissioner — David T. Merker ✓
16i
17 Commissioner — Mack McCray ✓
18 1 Commissioner — Michael M. Fitzpatrick ✓ t
20
21
22 VOTE 5-0
23
24 ATTEST:
25 Aft
27 tom, • •
28 Jan- M. Prainito, MMC
29 • y Clerk
30
31 co I op,
32
33 • eal
34 �,
TA
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R
Commercial Lease Agreement
This Commercial Lease Agreement ( "Lease ") is made and effective this )6 day of February,
2015, by and between CITY OF BOYNTON BEACH, 100 East Boynton Beach Boulevard,
Boynton Beach, Florida 33435 ( "Landlord ") and STAGE LEFT THEATRE, 1NC, a Florida Non -
Profit Corporation ( "Tenant ").
Landlord is the owner of land and improvements commonly known and numbered as 145 S.E.
2 Avenue, Boynton Beach, Florida 33435 and legally described as:
LEGAL OF PROPERTY: see attached Exhibit "A" for legal description, diagram of leased
premises, and available sign location.
Landlord desires to lease approximately 2966 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 end July 15, 2017.
B. Either party may terminate the lease by giving the other party ninety (90) days written
notice. Should the Landlord terminate the lease with notice, the Landlord will refund applicable
lease payments.
C. The Landlord is currently evaluating Town Square improvements that may require
Tenant to vacate the property earlier than the stated lease termination date. In the event Landlord
decides, in its sole judgment, to make improvements or demolish all or part of the lease
premises, it shall provide no less than ninety (90) days written notice as provided in 1B hereof.
2. Rental.
A. Tenant shall pay to Landlord annually during the Term rental of $1.00 per month. The annual
payment of $12.00 shall be due in advance on or before the first day of each calendar year during
the lease term. Payment to be made to Landlord at Boynton Beach City Hall, Finance
Department, 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435.
3. Use
Use is limited to public stage theatre, and for no other purpose. Tenant covenants not to permit
any theatrical performance involving nudity.
4. Sublease and Assignment.
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 except those which are the responsibility of Landlord.
Landlord is responsible for HVAC, roof, plumbing, window, and door 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, specialty lighting, 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. Property Taxes.
A. Although the parties anticipate that the property will not be subject to real property taxes,
in the event real property taxes are assessed, Tenant shall pay to Landlord a proportionate share
of the real property taxes, if any, based on the ratio of the square footage of the Lease 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.
8. Insurance.
A. It shall be the responsibility of STAGE LEFT THEATER to maintain commercial
general liability and property insurance during the duration of this contract.
B. STAGE LEFT THEATER shall secure and maintain in force, throughout the duration of
this contract, comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence; $1,000,000 and aggregate for personal injury; and, property
insurance to cover the interior and contents of the leased property.
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C. Said general liability policy shall name the City of Boynton Beach as an additional
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City.
D. STAGE LEFT THEATER shall furnish the City with a Certificate of Insurance prior to
the start of any use of City facilities. Said insurance companies must be authorized to do
business in the State of Florida, and the City will not accept any company that has a
rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition.
E. The City reserves the right to require additional types of insurance, or to raise or lower
the stated limits, based upon identified risk.
9. Utilities.
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. Signs.
Tenant shall be permitted use of Landlord's current signage on the property the location of which
is notated on Exhibit "A ".
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.
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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
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. Quiet 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. Condemnation.
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 party 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.
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17. Security 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
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.
18. Notice.
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:
Landlord to:
City of Boynton Beach
Attn: City Manager
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Tenant to:
Stage Left Theatre, Inc.
Attention: Peter Pagliaro
225 Saratoga Blvd. East
Royal Palm Beach, Fl 33411
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.
19. Brokers.
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.
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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. No Recording of Lease.
Neither party will record this lease.
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 and successors.
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. Compliance 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.
26. Tenant's Covenants.
Tenant covenants that it is a 501(c)(3) entity and that it will maintain that status during the term
of this lease. On written request from the landlord, Tenant will promptly provide proof of and
execute affidavits attesting to that status.
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27. 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.
28. Governing Law and Venue.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of
the State of Florida.
In the event of court action to enforce this lease, venue will be in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
CITY OF BOYNTON BEACH, FLORIDA
/
By: ' 4.46 / _1
Jerry T, Ma •
/ ... .. —• A 4' e,
WITNESS AS TO CITY
WI AS TO CITY
ATTEST:
•
JA ET M. PRAINITO, CITY CLERK
P
APPROV D A' S TO FORM `
OFFIE OF T H ITY ATTORNEY
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STATE OF FLORIDA
SS.
COUNTY OF
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgements, personally appeared . personally
known to be the person described in, or who produced rl b C 'C -.,
-, < as
identification, and who executed the foregoing and acknowledged before me that he executed the
same.
WITNESS my hand and seal in the County and State aforesaid on this ' day of
6020) 2015.
NOTARY PUBLIC
My Commission Expires:
'CIA PE NA
Notar -c - State of Florida
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PATRICIA PENA
Notary Public - State of
*:Z M Ex pires N ov 2 1� 2017
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y Comm ExpIres Nov 21,
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