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"