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R92-153RESOLUTION NO. R92-/~,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION OF CHILD ABUSE FOR THE GOLD COAST, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, 'lorida, upon recommendation of staff, deems it to be in the best _nterests of the citizens and residents of the City of Boynton ~each, to execute a Lease Agreement between the City of Boynton ~each and the Exchange Club/Dick Webber Center for the Prevention ~f Child Abuse for the Gold Coast, Inc., a not-for-profit tax ~xempt organization, for the lease of premises for a 12 month ~eriod commencing October !, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITX COMMISSION OF THE :ITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission hereby authorizes and [irects the Mayor and City Clerk to execute the Lease Agreement ~etween the City of Boynton Beach and the Exchange Club/Dick Mebber Center for the Prevention of Child Abuse for the Gold 2oast, Inc. Section 2. This Resolution shall take effect immediately lpon passage. PASSED AND ADOPTED this J day of September, 1992. CITY OF BOYNTON BEACH, FLORIDA %TTEST: I.( po~ate Seal) ~Webbe~.Ctr 8/12/92 Cormmiss ione'r landlord building security hereinafter created. 19. Miscellaneous. measures now existing or A. In the event 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 Agreement are for convenience only and shall not be deemed to amplify, modify or limit the provisions hereof. 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. TENANT: ATTEST: LANDLORD: ATTEST: Boynton Rev. JDM/10/4/90 10/8 YT/10/12, 10/25, 10/30 Rev. 8/12/92 Page 5 of 5 L:EASE AGREEMENT THIS LEASE AGREEMENT, dated as of 1992, by and between THE CITY OF BO~NTON BEACH, FLORIDa, or its assigns (hereinafter called "Landlord"), and EXCHANGE CLUB/DICK WEBBER CENTER FOR THE pREVENTION OF CHILD ABUSE FOR ~THE GOLD COAST, INC.,a not- ~tax exempt organization, (hereinafter called ): W I T N E S'S E T H: In consideration of the obligation of Tenant to pay provided and in consideration of the other terms, provisions and covenants he~eof~ the receipt ~ adequacy of which are hereby acknowledged, the parties De as follows: 1. Premises and Term. Landlord hereby leases to ~ant. and Tenant hereby takes from Landlord, premises more P~rtic~la~ly identified in Exhibit "A" attached hereto and located at 100 East Boynton Beach made a pp~rt hereof, and i'/ i ~st Wing, Second Floor Boynton Beach, Palm Beach B~vd., ' the C~Unty, .State of Florida, (hereinafter called ~,), for a term of one (1) year (hereinafter "Term") commencing October 1, 1992, and expiring thereafter, unless terminated earlier or renewed 7al 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 vacating the Premises. Tenant shall nonify Landlord in writing ninety (90) days prior to the expimation of this lease term, or any extension thereof, of its desire to occupy the Premises for an additional one .(~i) 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 ~ease, within 30 days of Tenant's Request for Renewal. 3. Termination and binding contract. Landlord may terminate this lease for its convenience upo~ 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. Rent. A. Tenant shall pay to Landlord at the rate of ONE AND NO/100 ($1.00) DOLLAR per year ("Base Rent") during the Term, plus applicable State of Florida sales tax. B. All payments of rent shall be promptly made to Landlord without notice or demand thereof on the first day of October of each year. 5. Use. Tenant may use the Premises for the operation of a child abuse center with the primary activities being case management, advocacy, referrals, Page 1 of 5 RESOLUTION NO. R92- A RESOLUTION OF THE CITY COMI~ISSION.OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN, THE CITY ~OF BOYNTON BEACH AND THE CLUB/DICK WEBBER CENTER FOR THE CHILD ABUSE FOR THE AND PROVIDING AN interests ~each, to ~ac )f Child of of the execute a Lease Agreement organization, for the lease cQmmencing October 1, 1992. Section 1. the Ci of Boynton be in the be~ of Boynton ty of Boynton Center for the Prevention Inc., a nO,t-for-profit tax of premises for a 12 month for ION OF THE iitLORIDA.THAT: The City Commission hereby, authorizes and and City Clerk to execute the Lease Agreement of Beach and the Exchange Club/Dick the Child Abuse for the Gold This Resolution shall take effect immediately PA~SED-AND ADOPTED this day of August, 1992. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner kTTEST: 2ity Clerk (Corporate Seal) DWebber. Ctr 8/12/92 ~arenting classes, vol~f supervision, out-reach programs nd such other uses aSl a~ ~ncidental to the operation thereof. 6. Telehon~ 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 service at no cost to Tenant. 7. Insurance. Tenant shall insure the Premises, in accordance with the requirements of hereto and made a part hereof. and Mt future th/ be amended. It shall be the goal maximum cooperation and assistance in ~ and/or extenuating circumst~ ~train the reso~ bu where'the Premises for~maintenance and Exhibit "B" attached Maintenance of the of as of ,to extend the event of which may stomary in the nded to Shall be the premises 1. 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. Damage By Fire or Other Casualty. A. If the Improvements, or any material part of the Premises, should be destroyed or damaged by fire or other casualty, Tenant shall immediately deliver written notice thereof to Landlord. B. If the Improvements or any part of the Premises should be totally destroyed by fire or other casualty, or if they should be so damaged that rebuilding or repairs cannot be completed within one hundred twenty (120) days after the date of such damage, Tenant, by written notice to Landlord, may terminate this Lease Agreement effective as of the date of such damage. C. Ail insurance proceeds payable under insurance policies maintained by Tenant by reason 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 Page 2 of 5 Landlord, shall be liable to Tenant for any loss, injury, or damage, to Tenant or to any other person, or to its or their property, irrespective of the cause of such injury, d~m~ge or loss. B. Tenant shall indemnify any and all cl~ or in connection with: (a) any work or thine (other than by Landlord) the term of this Lease or dur access of or at or full and ch such 13. Default" As ~ht upon Landlord). shall not whole or any part nsent of unreasonably Default. A. The following events Shall be "Events of under this Lease Agreement: (1) Tenant shall fail to pay any installment of rent become due and shall not cure such default within five (5) days after written notice thereof is given by Landlord to Tenant; (2) Tenant shall fail. to comply with any term, provision or- covenant of this Lease Agreeme~{/ other than ~the payment of rent, a~d shall not commence to cure and diligently pursue c~ring such failure within thirty (30) days' after'written notice thereof is given by Landlord~ to Tenant (provided that if such d~fault ~cannot reasonably be cured within t~irty (B0) days, then~ Tenant shall have an additional reasonable ,period of time within w~ich to 6ute ~uch default); (3) Tenant shal'l be adjudged insolvent, make a transfer in fraud of creditors or make an assignment for the benefit of creditors; (~) Tenant shall ~file a petition under any s~ction or chapter of the National Bankruptcy Act, as ~mended; or un~er any similar law or statute of the' U~ited States or any state thereof, or Tenant shal.1 be adjudged bankrupt or insolvent in proceedings filed against Tenant~ thereunder; or Page 3 of 5 (5) A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant. (6) Tenant assigns or sublets the Premises without Landlord's consent, except as otherwise permitted herein. (7) Upon the vacation or abandonment of the Pr~mises by Tenant at any time during the Initial Term, First Renewal or Second Renewal of this Lease Agreement. B. Upon the occurrence of any E~ent of Default, Landlord shall have the option ~o terminate this Lease and to pursue any remedies legally available without any notice or demand whatsoever. 14. Landlord Right of Entry. Landlord and its agents and representatives shall be entitled to enter upon the Premises to inspect or perform any necessary maintanance acitivies at any time, provided only that such inspections or maintenance activities shall not unreasonably interfere with Tenant's business. 15. Warranty of Title, Quiet En~oyment~ subordination and Estoppel. Landlord represents and warrants that it i- 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 hereunder, shall peaceably and quietly hold and enjoy the PremiSes for the Term of this Lease Agreement as provided for herein. i6. Holdinq Over by Tenant. Should Tenant or any sublessee or Licensee of Tenant hold-over the ass~ignee, Pr~mises or any part thereof after the expiration of the Term or any Renewal Term hereof, unless otherwise agreed in writing, such hold-over shall constitute and be construed as a ten~ancy from month-to-month in accordance with Chapter 83 of the Florida Statutes, but otherwise upon 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 or remitted, whether actually received or not, when deposited in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed to the parties hereto at the respective addresses set out below, or at such other address as they shall have theretofore specified by written notice delivered in accordance herewith: LANDLORD: Attention City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 TENANT: Exchange Club/Dick Webber Center for the Prevention of Child Abuse For the Goad Coast, Inc. 100 East Boynton Beach Blvd. West Wing, Second Floor Boynton Beach, FL 33425 18. Security. Tenant shall be responsible for security of the Premises. Tenant shall abide by all applicable Page 4 of 5 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 thereafter have any further this Lease modify SJ C. Words o f versa, unless ~the and shall '~nure their respective assigns. E. This agreement Of ~he parties matter hereof by written instrument exec~ F. This accordance with this Lease Agreement are ~deemed to amplify, this Lease gender, ral and vice upon hereto and ~sors and the entire the subject ~ied only be construed in lorid'a. other to enforce any prevailing party shall be enti other party hereto. ~for its attorney's fees. court If Landlord or Tenant brings suit against the hereunder, the from the reasonable -- IN WITNESS WHEREOF, the pa~t executed this Lease Agreement as of the first above written. TENANT: ATTEST: BY: ATTEST: LANDLORD: BY: Arline Weiner, Mayor Boynton Rev. JDM/10/4/90 10/8 YT/10/12, 10/25, 10/30 Rev. 8/12/92 Page 5 of 5 215 214 "'t ! ' Ill& m ! 201 210 209 206 203 219 __I Z Ill 2O8 EXHIBIT "A" INSURANCE ~ TO BE UTILIZED ON Purpose: To recon~nend insurance provisions regarding the long term lease/use of City building or property. Example: Parking lots andOffice Buildings. Lessee shall procure and mainta%n for the duration of the contract insurance against claims for in]uries to Persons or damage to ~roperty arise from or in connection with the Lessee's operation and use premises. The cost of such insurance shall be borne by InsUrance Provisions: Workers' Compensation: If User falls under the State of Fiori~ W0~kers' Compensation Law, coverage shall be'provided for all employees. The coverage shall be for statutory limit~ in compliance with the applicable state and federal laws. The policy must include Employer's Liability w~th a limit of. $100,000 each accident. ii[ B. Comprehensive General Liability: Shall have minimum~imits of.$'300~.~00 per occurrence Combined Single Limit for ~odily Inj~ry~iability and Property Damage[Liability, in~l~ding Premises and Operations. C. Bus Hired Auto Policy: Not required unless there is a relationship to the Lease/U~e Agreement. If the same limits listed under Comprehensive General shall apply. This shall include, Owned Vehicles, Non-owned Vehicles, and Employee Non-ownership. Deductibles and Self-Insured Retentions: Any deductibles :ions must be declared to and approved '. At the option of the City, either the insurer or eliminate such deductibles or self-insured respects the City, its Officers, Officials, o= Volunteers; or the Contractor shall procure a ~gu~rantee~n? payment of losses and related investiga- tion, c~aims administration and defense expenses. Special Requirements: The policies are to contain or be endorsed to contain the following provisions: 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" "RODU~R ROBERT J. KALEITA INS. AGENCY,INC% 2300 Palm Beach Lakes Blvd. Suite 220 West Palm Beach, FL 33409 CHILD ABUSE PREVENTION CENTER; Exchange Club/Dick Webber Center For The Prevention of Child Abuse For The Gold Coast, Inc., dba -~'00 E. Boynton Beach Blvd. oynton Beachr FL 33435 8/17/92 i~ MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE COMPANIES AFFORDING COVERAGE LE~ER A Liberty Mutual Insurance Company LS~ER B International Insurance Company COMPANY LETTER D COMPANY E LETTE~= TR THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED'BELOW HAVE BEEN SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ~NDICATED. NOTWITHSTANDING ANY REQ~JIREMENT, TERM, OR QOND~ON OF'ANY CONTraCT OR OTHER DOCUMENT;WITH RESPECT TO WHICH THiS CERT P CATE MAY BE ISSUED OR ~lA¥ PERTATN: THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TBRMS, BXCLUStON~c AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN b'a¥ HAVE BEEN ~qEDtJCED BY PAID CLAIMS. - POLICY EFFECTIVE PO[JOY EXPIRATION LIMITS POLICY NUMBER DATE (MMIDOP~¥ DATE/MM/OO/YY) TYPE OF INSURANCE GENERAL LIAEILITv COMMERUIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S & CONTRACTOR'S PROT. GENERAL AGGREGATE PRODUCT~COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE WORKER'S COMPENSATION AND EMPI.OYERS~ LIABILITY WCl-351-480940- 1/27/92 1/27/93 012 XX STATUTORY L MITS EACH ACCIDENT $ t 0 0 f 0 0 0 GISEASE--POUCY LIMIT $ 5 0 0 , 0 0 0 OTHER B Professional/D &O 524-150793-9 2/9/92 2/9/93 $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSIYEHICLES/SPECIAL ITEMS ~on-Profit Agency CERTIFICATEHOLDER CITY OF BOYNTON ~EACH 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ,CORD 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE mile EXPIRATION DATE THEREOF. THE ISSUING COMPANY WiLL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY TS AGENTS OR REPRESENTATIVES ©ACORD CORPORATION 199C The P(astri~e AQ~, Irc. Delray Bea~ FL ~ Nichae~ Bottcher ~07-276-~221 0~/19/92 THIS CI~HIII-IUTE IS iSSUED AB A MA I; =N'OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Exchange Club/Dick ~ebper Center for the Prevention of Chfld Ab~se for the Gold Coast Inc DBA ChildAbuse Prevention 100 E. Boynton Beach Btvd, Boy.ton Beach FL 33435 COMPANIES AFFORDING COVERAGE COMPANY ~ A Cigna Prc~perty & Casualty COMPANY COMPANY COMPANY D A X COMMERCIA~GENERAL UABILrry OGPD 26~5~05 04/29/92 04/29/93 P~MP~P AGG. $ 2000000 Corn ARo[ icat ion Property C~PD26854805 04129/92 04/29/93 0~P02685~805 04129/92 04~29~93 OBPD26854805 04/29192 04/29/93 MED. ~E (Any o~e ~e~onl $ 10000 s 1,000, O0 Cerificate Bo[der is lised as "Additional Insured,,. C=r~iP;CATE HOLDER City of Goynton Beach 100 E. 0oy~con Beach Blvd. Boynton Beach FL 33435 ACORD 25-S CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIEB BE CANCELLED BEFORE THE ID(PIRATION DATE THEREOF. THE I~UING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KiND UPON THE COMPANY. ITS AGENTS OR REPRESENTAT~/ES. O ACORD CORPORATION 1990