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R91-059RESOLUTION NO. R91-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND JUVENILE SERVICES PROGRAM, INC., (JASP PROGRAM), A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~MISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a certain agreement between the City of Boynton Beach, Florida (City) and the Juvenile Services Program, Inc.(JASP Program), said Lease Agreement being attached hereto 'as Exhibit "A". Section 2. This Resolution shall take immediately upon passage. PASSED AND ADOPTED this ~ day of April, 1991. effect CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: Commissioner Clerk (Corporate Seal) JkSP. PRO - 3/2~91/r improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the City, its agents or employees, the sole remedy available to Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of Contractor to timely process a request for an extension of time to complete the work shall constitute a waiver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this contract. t5.3 Ail requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the City, its agents and employees" shall include but shall not be limited to the architect, project manager, and consulting engineers. In WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presents the day and year herein before written. Signed, sealed and witnessed in the pre~ence of: A~est: /. cigy Clerk CITY OF BOYNTON BEACH, FLORIDA ~/ /~t~anager ~/C~ May~r ~ approv~as 1/o Fo~m:/ City A~'6rney CONTRACTOR ~isner El~tric Inc: of Florida Mark McCormick, Vice Pres~den~ CC-II LEASE AGREEMENT THIS LEASE AGREEMENT, dated as of ~ 1990, by and benween THE CITY OF BOYNTON BEACH, FLORIDA, or its assigns (hereinafter called "Landlord"), and JUVENILE SERVICES PROGRAM, INC. (JASP PROGRAM), a not-for profit, tax e~empE organization, (hereinafter called "Tenant"): WITNESSETH: In consideration of the obliga5ion of Tenann to pay rent as hereinafter provided and in consideration of the other nerms, provisions and convenants hereof, the recelpu and adequacy of which are hereby acknowledged, the par%zes agree as follows: 1. Premises and Term. Landlord hereby lease to Tenann, the Tenann hereby takes from Landlord, premises more particularly identified in Exhibin "A" anEached hereno and made a par~ hereof, and located an 100 East BoynEon Beach Blvd., BoynLon Beach, Palm Beach County, State of Florida, (hereinafter called the "Premises"), for a term of one (1) year (hereinafter called the "Term") commencina April 15, 1991, and expiring (12) months thereafLer, unless terminated earlier or renewed for additional one year term as hereinafter sen forth. 2. Surrender and Renewal. Tenan% may upon wrinnen notification no Landlord continue no occupy nhe premises for an additional nmnety (90) days Beyond the expiration of this lease Term for purposes of vacating the Premises. Tenant shall notify Landlord in writing nmne%y (90) days prior to expiration of this lease nerm, or any extensmon thereof, of its desire Lo occupy the Premises for an additional one (1) year Lerm (hereinafter Reques~ for Renewal). Landlord-shall notif}- Tenant on writing of its decision to either (a) renew the Tenants lease for an additional one year nerm, or (b) non no renew and terminane the Tenant's lease, within 30 days of Tenant's Request for Renewal. 3. Termination and bindinq con%racn. Landlord may terminane this lease for res convenmence upon nineny (90) days wrinnen notice no Tenant and as provided in Section 13 herein. Under no cmrcumstances shall LandlDrd be required no specify grounds for non-renewal or termination of this Lease. This Lease shall constitune a binding contracn and agreemenn as of this date, subject to the nerms, conditions and provisions hereof. 4. Rent A. Tenann shall pay no the Landlord am the rane of ONE AND NO/100 ($1.001 DOLLAR per year {"Base Rent") during the Term, plus applicable State of Florida sales tax. B. Ail paymenms of renn shall be promptly made to Landlord without notice or demand thereof on the firsn day of October of eazh year. 5. Use. Tenann may use the Premises for the operation of a juvenile diversion cenLer with the primary activities being case management, advocacyf referrals, parennlng classes, voluntary supervision, out-reach programs and such other uses as are incidental 5o the. operation nhereof. 6. Telephone Charges. Tenann shall pay all charges incurred for lona distance, fax charges, and hook-up an the Premises. Tenant shall hive access ~o existing telephones and telephone services for the purpose of making local calls only. Landlord shall supply electric service, waner and sewer service an no cost no Tenann. 7. Insurance. Tenant shall insure the Premmses, shall insure agaznst property damage and public liabili5y and shall provide such other insurance mn accordance with the schedule of required insurance aLsached hereto as Exhibit "B" and made a part hereof. 8. Repazrs and Mainnenance. Mainnenance of the Premises and snrucnure shall be the muLual responsibility of all present and future parties no this Lease agreement, as in may be amended. It shall be the goal of each to exnend maximum cooperation and asszsnance in the even5 of emergency and/or exnenuating circumstances which ma~ severely strain and resources of either party. Customary building mamntenance currently prov.ided by Landlord on the building where the Premises are locaned shall be responsible for mainnenance and repair of the Premises as follows: damage from exterior of Premises excluded) 9. Alterations. Tenann shall non have the right no make innerior alterations, additions or improvemenns to the Premises necessary or appropriate in connection with the requirements of business, withoun the prior written consenn of Landlord. Premises, Tenant interior surfaces, walls, windows and doors (window any deemed its A. I~ the Improvemenns, or any material part of the should be desnroyed or damaged by fire or other casualty, shall immediately deliver writnen notice thereof no Landlord. Damage By Fire or Other Casualty._ B. If the Improvemenms or any part of the Premises should be totally destzoyed ky fire or other casualty, or if they should be so damaged that rebuilding or repairs cannot be completed wlthih one hundred twenty (120) days after the date of such damage, Tenant, by written notice to Landlord, may terminate this Lease Agreemen5 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 ~o Tenant shall be applied no the cos% of repair of the Premises, unless this Lease kgreemenL is terminated pursuant hereto, in which case all such insurance proceeds shall be paid Eo Landlord excepE for those received by reason of the loss of Tenant's equipmenn, trade and business fixtures, signs and other personal property. D. Landlord shall hold Tenann 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 equipmen~ or proper~y owned by the TenanE. 11. Liability and Indemnification. A. Non-Liabiliny of Landlord. Neither Landlord nor any beneficiary, agens, servans, or employee of Landlord, shall be liable to Tenant for any loss, injury, or damage, to Tenann or to any other person, or ~o its or their prcperty, irrespective of the cause of such injury, damage or loss. B. Indemnification by Tenant. Tenant shall indemnify and hold Landlord harmless from and agains% any and all claims from or in connection with: (a) any work or thing whatsoever done, or any condition crea~ed (other than by Landlord) in or about the Premises during, the uerm of this Lease or during the period of time, if any, prior to the Coramencemen5 Date tha5 Tenant may have been given access 5o the Premises; (b) any act, omission or negligence of Tenant or any of its subtenan%s or licensees or its or their parEners, direc%ors, officers, agents, employees or con%rac%ors; (c) any accident, injury or damage whatsoever (unless caused by Landlord's negligence) occurrin~ in, at or upon the Premises; and (d) any default by Tenant in the full and promp5 payment and performance of Tenant's obligations under this Lease; 5ogether with all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought ~hereon including, withou5 limitation~ all reasonable annorneys' fees and expenses. In case any action or proceeding be brought agains% Landlord by reason of any such claim, Tenan%, upon notice from Landlord shall resisL and defend such action or proceeding (by counsel reasonably satisfactory Lo Landlord). 12. Assignment and Subletting. TenanL shall n'ot assign this Lease Agreemenu or sublen the whole or any part of the Premises without the prior wrimnen consenn of Landlord, which consen% Landlord shall not unreasonably withhold. 13. Defauln. A. The following events shall be "Events of Default" under this Lease Agreement: (1) Tenant shall fail to pay any installment of rent become due and shall n~n cure suuh default within five (5) days after written notice thereof is given by Landlord to Tenant; (2) Tenant shall fail no comply with any term, provtsmon or covenanL of this Lease kgreemens, other than the payment of rent, and shall not commence to cure and diligently pursue curing such failure within thirty (30) days after written notice thereof is given by Landlord to Tenant (providing that if such default cannot reasonably be cured within thirty (30) days, then Tenant shall have an additional reasonable period of time within which to cure such default); (3) Tenant shall be adjudged insolvent, make a nrans- fer mn fraud or creditors or make an assignment for the benefit of creditors; (4) Tenant shall file a petition under any sanction or chapter of the National Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, or Tenant shall be adjudged bank- rupt or insolvent in proceedings filed against Tenan5 thereunder; or (5) A receiver or trusnee 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 abandonmen~ of nhe Premises by Tenant at any time during the Initial Term, First Renewal or Second Renewal of this Lease Agreement. B. Upon the occurrense of any Event of Default, Landlord shall have the option to termina%e this Lease and no pursue any remedies legally available without any notice or demand whatsoever. 14. Landlord Right of Entry. Lanllurd and its agenLs and represen~aLlves shall be entitled tu enLer upon the Premises to inspect or perform any necessary maintenance activities an any time, provided only that such inspections or mainLenance activities shall non be unreasonably int'erfere with TenanL's business. 15. WarranLy of Title, Quiet EnjoymenE, Subordination and Estoppel. Landlord represenLs and warranLs that it is the owner in fee simple of the Premises, and that it alone has full right no lease the Premises for the term set ou5 herein. Landlord further represenLs and warrants that Tenant, on paying the renn and performing its obligations hereunder, shall peaceably and quietly hold and enjoy the Premises for the Term of this Lease Agreemen5 as provided for herein. 16. Holding Over by TenanE. Should Tenant or any assignee, sub- lessee or Licensee of Tenant hold-over the Premises or any par~ thereof afmer the expiration of the Term or any Renewal Term hereof, unless o~herwise agreed in writing, such hold-over shall constiLuEe and be consnrued as a Lenancy from month-to-month in accordance with ChapLet 83 of the Florida Statutes, but otherwise upon the same Lerms and conditions. 17. Notices and Paymen%s. Amy notice, documenL or paymen5 required or permitted to be delivered or remitted hereunder or by law shall be deemed to be delivered or remitted, whether actually received or non, when deposited in the United States mail, postage prepaid, certified or registered, reLurn receipt requested, addressed to the parties hereLo at the respecnive addresses set out below, or an such other address as they shall have theretofore specified by written notice delivered in accordance herewith: LANDLORD: Attention City Manager 100 E. Boynson Beach Blvd. Boynton Beach, FL 33425 TENANT: Juvenile Servires Program, Inc. Juvenile Alternative Services Program 100 E. Boyn5on Beach Blvd. BoynLon Beach, FL 33425 (JASP) 18. Security. TenanL shall be responsible for security of the Premises. TenanL shall abide by all applicable landlord building security measures now existing or hereinafter creaLed. 19. Miscellaneous. A. In the evenn this Lease Agreement is nerminated p~rsuanE to a right to do so herein conLained, neither parny hereno shall thereafter have any further obtigaLion or liability one no the other, and this Lease Agreemen% shall be of no further force or effect. B. The captions used in this Lease Agreement are for convenience only and shall no% be deemed ~o amplify, modify or limit the provisions hereof. C. Words of any gender used in this Lease Agreemen5 shall be consLrued to include any other gender, and words in the smngular shall in31ude the plural and vice versa, unless the context otherwise requires. D. This Lease Agreemen5 shall be binding upon and shall inure to the benefit of he parties hereto and their respective legal representammves, successors and assigns. E. This Lease Agreement contains the entire agreemenn of the parties hereto with respect to the subject matner hereof and can be altered, amended or modified only by written ins%rument executed by all such parties. F. This Agreement shall be construed mn accordance with the laws of the State of Florida. G. If Landlord or Tenant brings suit againsL the other to enforce any term or provmsmon hereunder the prevailing party shall be entitled no reimbursemen~ from the other party hereso for its court cosns and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have execu%ed this Lease AgreemenL as of the day an~ year first above written. TENANT: ATTEST: ATTEST LANDIDRD: Arline Weinqr, ~yor City of Boynton Beach EXHIBIT "B" INSURANCE REQUIREMENTS Lessee shall procure and maintain for the duration of the connracn znsurance againsn claim for injuries no persons or damage to properly which may arise from or in connection with the Lessee's operanion and use of the leased premises. The cosn of such insuranee shall be borne by the Lessee. Insurance Provisions: Ao Workers' Compensation. tf Workers' Compensation Law, all employees. The coverage shall be statutory limits compliance with the applicable state and federal laws. Which is $100,000.00 each accident bodily injury by accident, $100,000.00 each employee bodily injury by disease. SS00,000 policy. Limit bodily injury-by disease. the Lessee falls under Florida coverage shall be provided for in General Comprehensive Liability shall have mmnlmum limits for bodily injury and property damage combined of $1,000,000.00 each occurrence and $1,000,000.00 aggregate. Professional Liabiliny shall have minimum limit each clinical incident of $1,000,000.00 and $1,000,000.00 aggregate. Deductibles: Any deductible must be declared to and -approved by the City. At the option of the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its Officers, Employees, or Volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigation, claims administration and defense expenses. Special A. Requirements: The City of Boyn%on Beach, its Officials, Offiuers, Employees, and Volunteers shall be included as an additional insured on the Owners, Landlord and Tenanns Liability Policy. The City of Boynton Beach, its Officials, Officers, Employees and Volunteers shall be insluded as a names insured on the Commercial Property Policy. The cover- age shall contain no limitations on the scope of protection afforded to the City, its Officers, Officials, Employees, or Volunteers. Fo An appropriame Hold Harmless Clause shall be signed by the Lessee relieving the City of any and all liability. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the named project and shall be endorsed to state that coverage shall non be suspended~ voided or cancelled by either parLy, reduced in coverage or in limits except after thirty (30) days prior written notice' by certified mail, return receipt requesned, has been given to the City. It shall be the responsibiliny of the Lessee/User to ensure that all Sub-lessees/Users comply with the same insurance requiremenLs that he is required ko meet. The Lessee/User shall inform his insurer no furnish, directly 5o the City of Boynnon Beach, Certificates of Insurance with original endorsemenns affecting coverage required within. The CertificaLes of Endorsements for insurance policies are Lo be signed by a person authorized by that insurer 5o bind coverage on its behalf and trans- mitted to the Deparnment of Risk Managemen% with attached nransmittal correspondence displaying insurer's letterhead. CertificaLes are to be received and approved by the City before activity commences. The City reserves the right to require complete, certified copies of-all required insurance policies a5 any time. The Lessee/User's insurance coverage shall be primary insurance as respect Lo the City, its Officers, Officials, Employees and Volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Lessee/User's insurance and shall not contribuse ~o it. ~,BILIT¥ O?HER T~qAN UMBR, FORM AND ARS' LIAi3|LfTY 5/30/91 ~TATUTORY I ,000/1,000 ~II moo~t - ,,V,, ~I~IHXZ I