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R92-200RESOLUTION NO. R92-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RETIRED SENIOR VOLUNTEER PROGRAM (RSVP); A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach, Florida, deems it to be in the best interest of the citizens and residents of the City to execute the attached Agreement between the City of Boynton Beach and R.S.V.P.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute the Agreement, as attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of November, 1992. CITY OF BOYNTON BEACH, FLORIDA M~or ATTEST: Ci~ Clekk '~ (Corporate Seat) AUTHSIG.WP5 RSVP.Lease 10/30/92 THIS LEASE AGREEMENT, dated the day of 1992, by and between THE CITY OF BoYNToN BEACH, FLORIDA, or its assign~ (hereinafter Called "Landlord") and RETIRED SENIOR VOLUNTEER PROGRAM, (RSVP) a not-for-profit organization (hereinafter called "Tenant"); WITNESSETH: In consideration of the obligation of Tenant to pay rent as hereinafter provided and in consideration of the other terms, provisions and covenants hereof, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Premises and Term. Landlord hereby leases to Tenant, and Tenant hereby takes from Landlord, premises more particularlyidentified in Exhibit "A" attached hereto and made a part hereof, and located at 100 , West Wing, Second. Floor, Boynton Beach, Palm Florida (hereinafter called "Premises"), for a term of one (1) year (hereinafter called "Term"), commencing and expiring twelve (12) months thereafter, unless terminated earlier or reneW~ f6r an addit~ionai One year term as hereinafter set forth. 2. Surrender and Renewal. Tenant may upon written notification to Landlord Continue to occupy the premises for an additional ninety (90) days. beyond the expiration of this lease Term for purposes of vaca~in~ ~he Premises. ~enant shall notify Landlord in writing ninety (90) days prior to the expiration of this lease term, or any extension thereof, of its desire to occupy the Premises for an additional one (1) year term (hereinafter Request for Renewal). Landlord shall notify Tenant in writing of its decision to either (a) renew the Tenants lease for an additional one year term, or (b) not to renew and terminate the Tenant's lease, within thirty (30) days of Tenant's Request for Renewal. 3.. Termination and Binding Contract. Landlord may terminate this lease for.its convenience upon ninety (90) days written notice to Tenant and as provided for in Section 13 herein. Under no circumstances shall Landlord be required to specify grounds for non-renewal or termination of this Lease. This lease shall constitute a binding contract and agreement as of this date, subject to the terms, conditions and provisions hereof. 4o Rent. A. Tenant shall pay to Landlord at the rate of One and No/100 Dollars ($1.00) per year ("Base Rent") during the Term, plus applicable State of Florida sales tax. B. Ail payments of rent shall be promptly made to Landlord without notice or demand thereof on the first day of each year. 5. Use. Tenant may use the Premises for the operation of a recruitment, interview, and placement service of seniors in volunteer work in the community and such other uses as are incidental to the operation thereof. 6. Telephone Charges. Tenant shall pay all charges incurred for the use of telephone and hook-up at the Premises. Landlord shall supply electric service, water and sewer at no cost to Tenant. 7. Insurance. Tenant shall insure the Premises, in accordance with the requirements of Exhibit "B" attached hereto and made a part hereof. 8. Repairs and Maintenance. Maintenance of the Premises and structure shall be the mutual responsibility of all present and future parties to this Lease Agreement, as it may be amended. It shall be the goal of each to extend maximum cooperation and assistance in the event A RESOLUTION OF T~ CITY COMMISSION OF THE CITY OF Boy'ON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A THE CITY SENIOR WHEREAS, upon of staff, the City Commission of the Beach, deems it to - be in t~ itizens the of THE C~TY, COMMISSION OF THAT: · ~ This Resolution shall take imme( upon passage. · ?~SSED AND ADOPTED this day of November, CITY OF BOYNTON BEACH, effect 1992. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) AUTHSIG.WP5 RSVP.Lease !0/~0/n2 of emergency and/or extenuating circumstances which may severely strain the resources of either party. Customary building maintenance currently provided by Landlord in the building where the Premises are located shall be extended to these Premises provided, however, the Tenant, shall, be responsible for maintenance and repair of the Premises as follows: Interior surfaces, walls, windows and doors (window damage from exterior of Premises excluded) 9. Alterations. Tenant shall not have the right to make any interior alterations, additions or improvements to the Premises deemed necessary or~ appropriate in connection with the requirements of its business, without the prior written consent of Landlord. 10. Damaqe By Fire or Other Casualty. should be immediately or material part of the Premises or other casualty, Tenant shall Df to Landlord. B. ~ should be totally or if they should be so damaged or cannot be completed within one of suc~.damage, Tenant, by as of Agreement effective C. Ail insurance proceeds payable under insurance policies maintained by Tenant by ~eason of the occurrence of such fire or other casualty paid tO Tenant Shall be applied to the cost of repair of the Premises, unless this Lease Agreement is terminated pursuant hereto, in which case all such insurance proceeds shall be paid to Landlord except for those received by reason of the loss of Tenant's equipment, trade and business fixtures, signs and other personal property. D. Landlord shall hold Tenant responsible for all damage from fire and other casualty if caused by Tenant, their employees, agents, clients or anyone acting on their behalf. Furthermore, Landlord will not be responsible for damage by fire or other casualty to equipment or property owned by the Tenant. 11. Liability and Indemnification. A. Non-Liability of Landlord. Neither Landlord nor any beneficiary, agent, servant, or employee of Landlord, shall be liable to Tenant for a~ loss~ injury, or damage, to Tenant or to any other ~e~son, or to its or their p~operty, i~respective of the cause of such injury, damage or loss. B. Indemnification by Tenant. Tenant shall indemnify and hold Landlord harmless from and against any and all claims from or in connection with: (a) any work or thing whatsoever done, or any condition created (other t~an by Landlord) in or about the Premises during the term iof ~his Lease or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Premises; (b) any act.. omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, directors, officers, agents, employees or contractors;.(c) any accident, injury or damage what~oeve~ (u~less caused by Landlord s negligence) occurring in, at or upon the P~emises; and (d) any default by Tenant in the full and prompt payment a~d performance of Tenant's obligations under this Lease; together with ail costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon including, without limitation, all reasonable attorneys' fees and expenses. In ca~e any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall satisfactoryresist and defend to Landlord such )~ction or proceeding (by counsel reasonably 12. Assignment and Sublettinq. ~enant shall not assign this Lease Agreement or sublet the whole or any part of the Premises without the prior written consent of Landlord, which consent Landlord shall not unreasonably withhold. i3. Default. A. The following events shall be "Events of Default" this Lease Agreement: under (1) Tenant shall fail to pay any installment of rent which becomes due and shall not cure default within five (5) days aftex'~ to Tenant; ~uch shall not commence to within thirty (30) , and failure by y be fraud of cre (4 of the Natie: statute adjudged bankrupt thereunder; or or a transfer in ,f creditors; orchapter lar'law or ~hall be ~t Tenant L1 be app(~inted for all or ~thePremiseswithout Landlord's (7) Upon the Tenant at any Renewal of'this Lease B. shall have the option to terminate this of the Premises by · F~rst Renewal or Second~ any:Event of Default, Landlord Lease and to purSUe any remedies legally available without any notice or demand whatsoever. 14. Landlord Right of Entry,. Landloz representatives shall be entitl~ed or perform any necessary only that such Lintenance unreasonably interfere asiness. its agents and to inspect at any.time, provided activi{les shall not 15. Warranty of Titled Quiet Enjeyment~ Subordination and Estoppel. Landlord represents and warrants that it' is the owner in fee simple of the Premises, and that it alone has full right to lease the Premises for the term set out herein. Landlord further represents and warrants that Tenant, on paying'the rent and performing its obligations herein, shall peaceably and quietly hdld and ~nj0y the Premises for the Term of this Lease Agreement as provided for herein~ 16. Holding Over by Tenant. Should Tenant ~r any assignee, sublessee or Licensee Of Tenant~ hold-over~the Premises or any part~-~ thereof after 'the Term or any Renewal Term hereof, such hold~over shall constitute and be construed as a -to-month in accordance with Chapter 83 of the Florida S , the same terms and conditions. 17. !Notices and Payments. Any notice, document or payment required or permitted to be delivered Or remitted hereunder or by law shall be deemed to. be delivered r remitted, whether actually received or not, when deposited in the United States mail, postage prepaid, ~ertified or registered, rg~urn receipt requested, addressed to the arties hereto at the respective addresses Set 0ut below, or at such other address as they shall have theretofore specified by written notice delivered in accordance herewith: Landlord: City of Boynton Beach Attention City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Tenant: Retired Senior Volunteer Program 310 Okeechobee Blvd. West Palm Beach, FL 33401 18. Security. Tenant shall be responsible for security of the Premises. Tenant shall abide by all applicable Landlord building security measures now existing or hereinafter created. 19. Miscellaneous. A. In the even~ this Lease Agreement is terminated pursuant to a right to do so herein contained, neither party hereto shall thereafter have any further obligation or liability one to the other, and this Lease Agreement shall be of no further force or effect. B. The captions used in this Lease convenience only and shall not be deemed to amplify, provisions hereof. Agreement are for modify or limit the C. Words of any gender used in this Lease Agreement shall be construed to include any other gender, and words in the singular shall include the plural and vice versa, unless the context otherwise requires. D. This Lease Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. E. This Lease Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and can be altered, amended or modified only by written instrument executed by all such parties. F. This Agreement shall be construed in accordance with the laws of the State of Florida. G. If Landlord or Tenant brings suit against the other to enforce any term or provision hereunder, the prevailing party shall be entitled to reimbursement from the other party, hereto for its court costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the day and year first above written. ~tness Witness Attested: Ci~ Clerk Witnes~s~ Witness CITY OF BOYNTON BEACH A~lTne Weiner,fMayor ~ RETIRED SENIOR VOLUNTEER PROGRAM D~rectOr 6' other address as they shall have theretofore specified by written notic~ delivered in accordance herewith: Landlord: City of Boynton Beach Attention City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Tenant: Retired Senior Volunteer Program 310 Okeechobee Blvd. Wes= Palm Beach, FL 33401 18. Security. Tenant shall be responsible for security of the Premises. Tenant shall abide by all applicable Landlord building security measures now existing or hereinafter created. 19. Miscellaneous. A. In the event this Lease Agreement is terminated pursuant to a right t° do so herein contained, neither party hereto shall thereafter have.any~further obligation or liability one to the other, and this Lease Agreement shall be of no further force or effect. B. The icaptions used in this Lease convenience only andishall not be deemed to amplify, provisionslhereof. Agreement are for modify or limit the C. Words of any gender used in this Lease Agreement shall be construed to include any other gender, and words in the singular shall include the plural and vice versa, unless the context otherwise requires. D.. This Lease Agreement shall be binding upon and shall inure to the benefit of ~the parties hereto and their respective legal representatives, successors and assigns. E. This Lease Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and can be altered, amended or modified only by written instrument executed by all such parties. F. This Agreement shall be construed in accordance with the laws of the State of Florida. G. If Landlord or Tenant brings suit against the other to enforce any term or provision hereunder, the prevailing party shall be entitled to reimbursement from the other party hereto for its court costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the day and year first above written. CITY OF BOYNTON BEACH Witness BY: Arline Weiner, Mayor Witness Attested: City Clerk RETIRED SENIOR VOLUNTEER PROGRAM Witness Witness BY: Director EXHIBIT "A" PROVISZON$ ~o .E u~z~zzm o,, proViSionS regarding the long ~ ~Se~ .. cO~;L {0~ . -,: ~o~e %e~Se~e~ INSURANCE PROVISIONS TO BE UTILIZED ON LONG TERM LEASE/USE AGREEMENTS Purpose: To recoa~endinsurance provisions regarding the long term lease/use of City building or property. Example: Parking lots and Office Buildings. Lessee shall procure.~and maintain for the duration of the contract insurance against Claims for injuries to persons or damage to property which may arise from o~ in connection with the Lessee's operation and use of the leased prem%ses. The cost of such insurance shall be borne by the Lessee. Insurance ProvisionS: Ce Workers' compensation: If User falls under the State of Florida WorkerS' Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable state and federal laws. The-policy must include Employer's Liability with a limit bf $100,000 each accident. C6mprehensive General Liability: Shall have minimum limits of $,300,000.per occurrence combined Single Limit for Bodily I~ju.ry LiabIlity and Property Damage Liability, including Premises and Operations. Business Auto Policy: Not required unless there is a specific relationship to the Lease/Use Agreement. If required, the same limits listed under Comprehensive General L~ability shall apply. This shall include, Owned Vehicles, Hired and Non-owned Vehicles, and Employee Non-ownership. Deductibles and Self-Ensured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its Officers, Officials, Employees or volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investiga- tion, claims administration and defense expenses. Special Requirements: The policies are to contain or be endorsed to contain the following provisions: A. The City of Boynton Beach, its Officers, officials, Employees and Volunteers shall be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. The coverage shall contain no limitations on the scope of protection afforded to the City, its Officers, officials, Employees or Volunteers. EXHIBIT "B"