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