90-XXXRESOLUTION NO. 9 0- X
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 BOYNTON BEACH CHILD
CARE CENTER FOR THE PURPOSE OF
FORMALIZING THE EXISTING RELATIONSHIP
BETWEEN THE PARTIES, A COPY OF SAID
LEASE AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "1"; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1.
The Mayor and City Clerk are hereby
authorized and directed to execute that certain Lease
Agreement, a copy of which is attached hereto as Exhibit
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this /~-- day of May, 1990.
CITY
BEACH, FLORIDA
for
/
c~omm±ss ±oner
%TTEST:
Commissioner
City Clerk
(Corporate Seal)
,4 F i a
Board of County Commissioners - County Administrator
Ken L. Foster, Chairman Robert Weisman
Burt Aaronson, Vice Chairman
Karen T. Marcus
Carol A. Roberts Facilities Planning, Design &
Warren H. Newell Construction Department
Mary McCarty S1i l
Maude Ford Lee a 1Y i ti C R 9 5 30 D
March 7, 1995 QUN`,
CERTIFIED MAIL Z693084888
Z693084889
RETURN RECEIPT REQUESTED
Boynton Beach Child Care Center
Attn: Mrs. Sarah J. Coston
6803 Kingston Drive
Lantana, FL 33462
City of Boynton Beach
Attn: Carrie Parker, City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Renewal of Sublease Agreement (Resolution No. R90- 1697D)
dated October 2, 1990 as subsequently amended by
Amendment Number One to Sublease Agreement (Resolution
No. R93 -775D) dated July 6, 1993 by and between Boynton
Beach Child Care Center, Inc. (Sublessor) and Palm Beach
County on behalf of the Palm Beach County Community
Services Department (Sublessee) for the Premises located
at 909 N. E. 3rd Street, Boynton Beach.
Dear Mrs. Coston and Ms. Parker:
Pursuant to Paragraph 2 of the Prime Lease attached as Exhibit
"A" to the referenced Sublease Agreement, Palm Beach County, on
behalf of the Palm Beach County Community Services Department, as
Sublessee, is hereby exercising its option to extend the Term of
the referenced Sublease Agreement for an additional five (5) year If
period effective June 1, 1995.
Sincerely,
PALM BEACH COUNTY, FLORIDA DOROTHY H. WILKEN, CLERK
B9 F COUNTY COMMISSIONERS
�. � ��� B y : --
MAR 0 7
CYi a i. 1995 Deputy C . ➢ ,k- -- ---)- 1 • - , -
k - - - Y
r , q c ' O 1 i
RECEIVED ~ '
APPROVED AS TO FO , , ; (� T Y ''%
r..
AN2 t GAL •UFFIC1 1 CY MAR 23 i9yS - y , I i
Assistant C.' nt ,' Attorney IN MANAGER'S OFFICE BCH ILD. CAR . .
lll+. "An Equal Opportunity - Affirmative Action Employer"
3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 (407) 233 -0200
a, panted on recycled paper Adm. FAX: (407) 233 -0206 Prem. FAX: (407) 233 -0210 CID FAX: (407) 233 -0270
J r �� �
I ) ; ' o beli e ,„
16, ��s • k 1 ICE
; ��.� 8 [ ;
SENT CERTIFIED MAIL
4Zomilt* RETURN RECEIPT REQUESTED ��` `i i\h �,
#7003 2260 0007 1928 5729 .050
Facilities Development & R 2 0 0 5. 0 3 2 4
Operations Department February 15, 2005 FEB 15 214
Property & Real Estate VO
Management Division Ms. Lena Rahming, President G i i t sr ii
3200 Belvedere Road Boynton Beach Child Care Center, Inc.
Building 1169 235 NW 10 Avenue
West Palm Beach, FL 33406 -1544 Boynton Beach, FL 33435
(561) 233 -0200
FAX (561) 233 -0210 Re: Renewal of Sublease Agreement (Resolution No. R90 -1697) dated
www.pbcgov.com /fdo October 2, 1990, as amended, by and between the Boynton Beach
Child Care Center, Inc. (Sublessor) and Palm Beach County, on
behalf of the Department of Community Services, Head Start and
•
Children Services Division (Sublessee)
Palm Beach County Dear Ms. Rahming:
Board of County
Commissioners Pursuant to Paragraph 2, Renewal Options, of the above - referenced Sublease
Tony Masilotti, Chairman Agreement, Palm Beach County, on behalf of the Paim Beach County
ddie L Greene, Vice Chairperson Department of Community Services, Division of Head Start and Children
Services, as Sublessee, is hereby exercising its option to extend the term of
Karen T. Marcus
said Sublease for the third five -year renewal period from June 1, 2005, to May
Jeff Koons 31, 2010.
Warren H Newell
Mary McCarty Sincerely,
Burt Aaronson PALM BEACH COUNTY, FLORIDA SHARON R. BOA,O Y ,. c 04 tw �
BY ITS BOARD OF COUNTY CLERK AND ' 1z
COMMISSIONE ,I 01 : cu t
ct i County Administrator C OUNTY : to
v I By; ORID '10i
Robert Weisman ...Moss....
TI Masilotti, Chairman Deputy Cl • • •• c, -6_
APPROVED AS TO FORM AND APPROVED AS TO TERMS
LEGAL SUFFICIENCY AND CONDITIONS
,„,...3r...____..-- I
As .. . t o . ty Attorney De , . ent ) irecto
An Equal Opportunity
Affirmative Action Employer" cc: City of Boynton Beach (via CM,RRR 70032260000719282957; Attn: City Mgr,
100 E. Boynton Beach Blvd., P.O. Box 310, Boynton Beach, FL 33425 -0310)
G:\Property Mgmt Section \Out Lease \Boynton ChildCare Ctr\Letter.BCCExtend.Feb2005.doc
a t printed on molded paper
STATE OF FLORIDA, COUNTY OF PALM BEACH
1, SHARON R. BOCK, Clerk and Comptroller
certify thia10 be a true and correct copy of the original
toed In my office on FEB f 5 al;
at Palm - - - Y
Or e -
Deputy Clerk , r D Q '
:5
i0; COUNTY yt
1:. FL ORIDA Os
f:
R93 7 75
}AMENDMENT NUMBER ONE TO SUBLEASE AGREEMENT
THIS AMENDMENT NUMBER ONE made and entered into this day
IN ( by and
referred between
as "Sublessor ") andCPA CENTER,
LM BEACH
COUNTY, a political subdivision of the State of Florida, on behalf
of the Palm Beach County Community Services Department (hereinafter
referred to as "Sublessee ").
W I T N E S S E T H:
WHEREAS, Sublessor as Lessee under that certain Lease
Agreement dated May 15, 1990 attached hereto as Exhibit "A" and by
reference made a part hereof, between the City of Boynton Beach,
Florida and Sublessor, (hereinafter referred to as the "Prime
Lease ") has leased the land and the improvements therein located at
909 N.E. 3rd Street, Boynton Beach, Florida (hereinafter
collectively called the "Premises "); and
WHEREAS, Sublessor and Sublessee entered into a Sublease
Agreement dated October 2, 1990 (Resolution No. R90- 1697D), a copy
of which is attached hereto as Exhibit "B" and by reference made a
part hereof (hereinafter referred to as the "Sublease "), for use of
the Premises by the Sublessee's Head Start Program; and
WHEREAS, pursuant to said Sublease, Sublessee has assumed the
obligations of the Sublessor under the Prime Lease with the
exception that the Sublessor is required to insure the Premises
against property damage and public liability in amounts exceeding
Sublessee's exposure by Florida Statute; and
WHEREAS, Sublessor does not have sufficient funds necessary to
provide the required insurance for the Premises; and
WHEREAS, Sublessor and Sublessee desire to amend the Sublease
to provide that Sublessee will pay Sublessor up to Three Thousand
Dollars ($3,000) annually for the costs incurred by Sublessor in
fulfilling its insurance obligations under the Prime Lease; and
WHEREAS, Sublessor and Sublessee hereby agree that the facts
as set forth above are true and correct.
NOW THEREFORE, in consideration of the Premises and the mutual
covenants hereinafter set forth, the Sublease is hereby amended as
follows:
1. Paragraph 1.(b) of the Sublease is hereby amended by the
addition of the following:
"Effective June 1, 1993 Sublessor shall annually provide
Sublessee with a copy of all certificate(s) of insurance
issued in accordance with the schedule of required
insurance stipulated in Exhibit "B" of the Prime Lease.
The certificate(s) of insurance delivered to Sublessee
shall be accompanied by a copy of all invoice(s)
evidencing Sublassor's payment in full of the associated
insurance premium(s). Within forty -five (45) days of its
receipt of the aforementioned documentation, Sublessee
shall reimburse Sublessor an amount equal to the
insurance premium(s) paid by Sublessor, but not in excess
of Three Thousand Dollars ($3,000) per annum.
Notwithstanding anything herein to the contrary, any
certificate(s) of insurance issued to Sublessor shall
1
name the Sublessee as co- insured and nothing herein shall
constitute a waiver of the sovereign immunity of the
Sublessee."
2. In the event of cancellation of any insurance policy or
this Sublease, Sublessor shall reimburse Sublessee an
amount equal to the unspent annual insurance premium(s)
prorated from the date of cancellation to the date of the
annual expiration of the insurance policy(ies), not to
exceed the amount paid by Sublessee towards the cost of
such insurance.
3. Nothing contained herein shall limit or modify
Sublessor's obligation to maintain in full force and
effect the insurance required pursuant to the Prime Lease
and the Sublease. Sublessee's only obligation with
respect to such insurance shall be to reimburse Sublessor
for the premiums therefor, not to exceed $3,000 per
annum.
4. Except as specifically modified by this Amendment, all of
the terms and conditions of the Sublease remain
unmodified, in full force and effect and are hereby
ratified by the parties.
IN WITNESS WHEREOF, Sublessor and Sublessee have hereunto set
their hands and seals the day and year first above written.
ATTEST: SUBLESSEE:
Dorothy H. Wilken, Clerk PALM BEACH COUNTY, a political
subdivis on of the tate of Florida
BYlaldniCglia4.14M By: t_
r�
Deputy Clerk Ct i
R 3 7 7
ATTEST: SUBLESSOR:
Q BOYNTON BEACH CHILD CARE, INC.
fJ 1:G� Qt}
1 410 - ‘-)i D_ MA \na.. L_ Ciec2;
President
APPROVED AS TO FORM
AND LE AL SUFFICIENCY
By: CE %->
Ass . ounty Attorney
h: \mmr \agreemnt \bbchild.amd
05/18/93
2
RESOLUTION NO. 9 0- x x g
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
j CITY CLERK TO EXECUTE A CERTAIN
LEASE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND BOYNTON BEACH CHILD
CARE CENTER FOR THE PURPOSE OF
FORMALIZING THE EXISTING RELATIONSHIP
BETWEEN THE PARTIES, A COPY OF SAID
LEASE AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "1 "; PROVIDING AN EFFECTIVE
'DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
uthorized and directed to execute that certain Lease
Agreement, a copy of which is attached hereto as Exhibit
Section 2. This Resolution shall take effect
( immediately upon passage.
PASSED AND ADOPTED this /e day of May, 1990.
CITY 1 o NTON BEACH, FLORIDA
ayor
is Mayor
Co issioner
ommissioner
Commissioner
'TTEST:
City Clerk
(Corporate Seal)
MINUTES ,- REGULAR CITY COMMISSION MEETING
BOYNTON BE CH, FLORIDA MAY 15, 1990
The Mayor stated Mr. Harris' understanding was not what the
Commission had approved. Other remarks were made about this
misunderstanding.
Skip Miller, Attorney for Sun Trust stated the action the
Commission was being asked to take at this meeting did not
include entering into a formal agreement with Sun Trust to
place the bonds on the City's behalf. That action will be
proposed on May 21, 1990. He thought it might be wise to
postpone that part of the decision until May 21, 1990. At
this time, the Commission was being asked to establish the
interest rate and the terms of the bonds.
Fine print in legal documents was examined regarding who
was responsible for certain costs and discussion ensued.
Mr. Harris understood it was not Sun Trust's responsibility,
but he was willing to strike a middle ground and split the
expense. He wanted to make the transaction happen the way
it was envisioned. The City Manager agreed that was the way
to go.
Vice Mayor Wische moved to approve the Resolution with
Exhibit "C" being amended to show Sun Trust will pay $6,500
of the charges. Commissioner Artis seconded the motion
which carried 4 -0.
2. Proposed Resolution No. 90 -XXX
Re: Child Care Lease Agreement
City Attorney Cherof read proposed Resolution No. 90 -XXX by
title only:
"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 BOYNTON BEACH CHILD
CARE CENTER FOR THE PURPOSE OF FORMALIZING THE EXISTING
RELATIONSHIP BETWEEN THE PARTIES, A COPY OF SAID LEASE
AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "1 "; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES."
Commissioner Weiner moved to adopt proposed Resolution No.
XXX. Vice Mayor Wische seconded the motion which carried
.4 -0.
3. Proposed Resolution No. 90 -YYY
Re: Acceptance of substitute Letter of Credit -
Blum Plat f /k /a Lakeside
City Attorney Cherof read proposed Resolution No. 90 -YYY by
title only:
31
MINUTES
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 1966
NEW BUSINESS
Recognition of City Employee
1oyee
Mr. Main stated that Mr. Richardson, Public Works Director, has asked for
a formal recognition of the efforts of Mr. Jay Moseley on the repair of the
D-4 bulldozer. The estimated cost of this work as supplied by manufacturer's
representative was $976. By innovation and performance of this work at the
City Shop, the total cost of restoration of the bulldozer was $442.35.
Mr. Madsen stated he was glad to make this recognition and that this work
can be handled here.
LEGAL
Ordinance 66-21 - 2nd Rea. - Amend' See. 1 of the Code
Mr. Moore read Ordinance 66-21 by caption only.
Mr. Banks moved that Ordinance 66-21 be passed on second and final reading.
Mr. Boos seconded and it was unanimously carried.
Pro••eed Ord'•- ce 66 -22 - re CATV Franchise
Mr. Moore stated that it was not intended to act on this Ordinance tonight.
He recommended that Council study this Ordinance at their convenience and
adopt it at the next meeting.
Mr. Banks so moved to table this matter for further discussion. Pair. Boos
seconded and it was unanimously carried.
Mr. Hansen of the Telephone Company cams forward and stated there are two
4 additions which they are requesting be added to the Ordinance. Mr. Moore
,z• stated he sees no objection to these additions at this time.
Consider Lease of Lots 142, 143 and 14l, Arden Park, to Boynton Beach
Child Care Center, Inc.
Mr. Moore stated that formal approval for leasing this property to the
Boynton Beach Child Care Center, Inc. was given at the special meeting of
September 26, 1966. Mr. Moore stated he had prepared a lease on a one
year basis with the option to renew for $1.00 per year until such tie as
the property is needed formicipal purposes. He recommended that the
Mayor and City Clerk be authorized to sign the lease.
Mr. Boos so moved and Mr. McCoy seconded. It was unanimously carried.
-4-
SUBLEASE AGREEMENT
R90 16970 .
THIS SUBLEASE AGREEMENT, made and entered into this day
of OCT 2 1990 , 1990 by and between BOYNTON BEACH CHILD CARE
CENTER, INC., (hereinafter referred to as "SUBLESSOR ") and PALM
BEACH COUNTY, a political subdivision of the State of Florida, on
behalf of the PALM BEACH COUNTY COMMUNITY SERVICES DEPARTMENT
(hereinafter referred to a "SUBLESSEE ").
W I T N E S S E T H
WHEREAS, SUBLESSOR, as Lessee under that certain Lease
Agreement (hereinafter referred to as the "Prime Lease ") attached
hereto as Exhibit "A" and made a part hereof, dated the 15th day
of May, 1990 between the City of Boynton Beach, Florida,
(hereinafter referred to as "CITY ") and SUBLESSOR, has leased the
land and the improvements thereon (hereinafter collectively called
the "Premises ") located at 909 N.E. 3rd Street, Boynton Beach,
Florida; and
WHEREAS, SUBLESSEE desires to sublet the Premises from
SUBLESSOR and SUBLESSOR is willing to sublet the same to SUBLESSEE
on the conditions hereinafter set forth; and
WHEREAS, SUBLESSEE and the CITY have entered into an inter -
local agreement (attached hereto as Exhibit "B" and made a part
hereof) dated the 10th day of July, 1990 which provides for the
execution of this Sublease Agreement between SUBLESSOR and
SUBLESSEE for use of the Premises by SUBLESSEE as a child care
center for the Head Start Program.
NOW THEREFORE, SUBLESSOR, for and in consideration of the
rents, covenants, and agreements hereinafter contained on the part
of the SUBLESSEE to be paid, kept and performed, does hereby sublet
and demise unto SUBLESSEE, and SUBLESSEE hereby takes and hires
from SUBLESSOR, the Premises.
TO HAVE AND TO HOLD the same unto SUBLESSEE for a Term to
commence upon the date of execution of this Sublease Agreement by
SUBLESSEE and to expire on May 31, 1995, subject to the rentals,
terms, covenants, conditions and provisions hereinafter set forth.
1
AND SUBLESSOR and SUBLESSEE hereby agree as follows:
1. To the extent not inconsistent with the agreements and
understandings expressed in this Sublease, all of the terms,
provisions, covenants and conditions of the Prime Lease
(Exhibit "A ") are hereby incorporated into this Sublease by
reference with the following understandings:
(a) The term "Landlord" as used in the Prime Lease shall
be deemed to refer to SUBLESSOR hereunder, its successor and
permitted assigns, and the term "Tenant" as used in the Prime
Lease shall be deemed to refer to SUBLESSEE hereunder, its
successor and permitted assigns.
(b) INSURANCE REOUIREMENTS FOR SUBLESSEE:
Notwithstanding anything in the Prime Lease (Exhibit "A ") to
the contrary, the SUBLESSOR and SUBLESSEE hereby agree that
the insurance coverage required from the SUBLESSEE shall be
satisfied by SUBLESSEE providing a certificate of insurance
or self- insurance coverage for comprehensive general liability
in the amount of $100,000 per person or $200,000 per incident
of occurrence. In the event the Legislature should change the
SUBLESSEE's exposure by Statute above or below the sums
insured against, the SUBLESSEE shall provide insurance or
self- insurance coverage to the extent of that exposure.
(c) The repairs and maintenance of the property and
structure to be performed by SUBLESSEE as listed in Article
8B of the Prime Lease (Exhibit "A ") shall include the
installation, removal and repair of existing hurricane
shutters. Notwithstanding anything in the Prime Lease
(Exhibit "A ") to the contrary, any subsequent addition to the
SUBLESSEE's responsibilities for repairs and maintenance shall
require the approval of the SUBLESSEE.
(d) All parties acknowledge that there are no defaults
existing as of the date hereof and that no additional
improvements or repairs to the Premises are required as a
condition of this Sublease Agreement.
(e) NOTICES: It is understood and agreed between the
2
parties hereto that written notice mailed or delivered to the
parties hereto at the respective addresses set out below shall
constitute sufficient notice to the parties to comply with the
terms of this Sublease.
SUBLESSOR: Boynton Beach Child Care Center, Inc.
cjo Mrs. Sarah J. Coston
6803 Kingston Drive
Lantana, FL 33462
SUBLESSEE: Palm Beach County
Director of Community Services
301 Evernia Street
West Palm Beach, FL 33401
with a copy to: Property & Real Estate Management Division
Attn: Property Manager
50 So. Military Trail, Suite 211
West Palm Beach, FL 33415
CITY: City of Boynton Beach
Attn: City Manager
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, F1 33425 -0310
SUBLESSEE shall be copied on all correspondence between
SUBLESSOR and CITY.
All requests for payments required by SUBLESSEE shall require
the receipt of an invoice delivered to Palm Beach County
Finance Department at P.O. Box 4036, West Palm Beach, Florida
33402. The invoice must be delivered at least fifteen (15)
days but not more than thirty (30) days in advance of the date
payment is due. SUBLESSEE is a tax exempt entity as
evidenced by tax exemption #60- 2211519753C.
(e) ANNUAL BUDGETARY FUNDING /CANCELLATION: The Term of
this Sublease Agreement shall be subject to annual budgetary
funding by the Board of County Commissioners of Palm Beach
County. In no event shall SUBLESSEE's monetary obligations
under this Sublease Agreement exceed that of funds budgeted
in any fiscal year. Notwithstanding anything herein or in the
Prime Lease (Exhibit "A ") to the contrary, the SUBLESSEE may
upon ninety (90) days notice to SUBLESSOR cancel this Sublease
for any reason. Upon cancellation or termination of this
Sublease Agreement, SUBLESSEE has the unconditional right to
remove any of SUBLESSEE's personal property located on or in
the Premises.
3
R90 16970
IN WITNESS WHEREOF, SUBLESSOR and SUBLESSEE have hereunto
set their hands and seals the day and year first above written.
ATTEST: SUBLESSEE:
PALM BEACH COUNTY, FLORIDA, A
John B. Dunkle, Clerk POLITICAL SUBDIVISION OF THE
// STAT FLORIDA
By: � ` a ii) By
Deputy Cl rk Cha r
OCT 2 ;90
ATTEST: SUBLESSOR:
gr, BOYNTON BEACH CHILD CARE, INC.
Li 0. R0. Lrn 1 n By: )/f L rL
President
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
0 4/ ,
By:
o my Alr o ney
childcar.sts
•
4
N
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated as of Hay 15, 1990
1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA, or
its assigns (hereinafter called "Landlord "), and BOYNTON DC:+CH
CHILD CARE CENTER, INC., (hereinafter called "Tenant "):
W I T N E S S E T 11:
1. Premises and Term. In consideration of the
obligation of Tenant to pay rent as hereinafter provided and
in consideration of the other terms, provisions and covenants
hereof, Landlord hereby demises and leases to Tenant, and
Tenant hereby takes from Landlord, premises located at 909
N.E. 3rd Street, Boynton Beach, Palm Beach County, State of
Florida, the same being more particularly shown on Exhibit "A"
attached hereto, together with all rights, privileges,
easements and appurtenances belonging or in any way pertaining
thereto, and together with any building and other improvements
erected (hereinafter called the "Improvements ") and, together
with the Land, (hereinafter called the "Premises "), TO HAVE
AND TO HOLD the same for a primary term of five (5) years
(hereinafter called the "Primary Term ") commencing upon June
1, 1990, the Commencement Date (as hereinafter defined) and
expiring '(60) months after the Commencement Date.
This Lease shall constitute a binding contract and
agreement as of this date, subject to the terms, conditions
and provisions hereof.
The Commencement Date shall be June 1, 1990.
2. Renewal Options. Landlord hereby grants to Tenant
the right and option to extend the term of this Lease
Agreement for three (3) consecutive renewal terms of five (5)
years each.
3. Rent.
A. Tenant shall pay to Landlord at the rate of ONE
AND NO /100 ($1.00) DOLLAR per year ( "Base Rent ") during the
Primary Term, plus applicable State of Florida sales tax.
Page 1 of 8
EXPI IBIT"A'
B. All payments of rent shall be promptly made to
Landlord without notice or demand thereof on the first day of
June of each year.
4. USE. Tenant may use the Premises for the
operation of a community service center with the primary
activity being child care and child care related activites
such as food service, family support and such other uses as
are incidental to the operation thereof.
5. Utility Charges. Tenant shall pay all charges
incurred for the use of utility services at the Premises
including, without limitation, gas, electricity, water, sewer
and telephone and hookup and meter charges relating thereto.
6. Taxes. Tenants shall be responsible for the payment
of all taxes arising from the use of the property.
7. Insurance. Tenant shall insure the property,
shall insure against property damage and public liability and
shall provide such other insurance in accordance with the
schedule of required insurance attached hereto as Exhibit B.
8. Repairs and Maintenance. Maintenance of the property
and structure shall be the mutual responsibility of all
present and future parties to this agreement, as it may be
amended. Although specific responsibilities shall be assigned
by mutual agreement of all parties, it shall be the goal of
each to extend maximum cooperation and assistance in the event
of emergency and /or extenuating circumstances which may
severely strain the resources of either party.
A. The City shall be responsible for maintenance and
repair of the facility grounds ( "property ") and infrastructure
to include the following:
1. fencing
2. playground equipment
3. parking lot (including lighting and signage)
4. landscaping and irrigation systems
5. potable water and sanitary sewer systems
6. telephone cabling and distribution systems
7. garbage and trash removal
B. The Center, with assistance from applicable Palm
Beach County departments and other funding entities, shall be
responsible for maintenance and repair of the facility
building ( "structure ") to include the following:
1. custodial services
2 exterior and interior surfaces, walls, windows
and doors
3. exterior and interior electrical and lighting
systems
4. roofing system
5. kitchen equipment
6. fire and security alarm systems
Page 2 of 8
7. plumbing (to the property line /cleanout)
8. heating, ventilating and air conditioning
(HVAC) and refrigeration systems
9. water heaters
10. exhaust fans
11. pest control services
B. Changes to the above responsibilities shall be
renegotiable at two (2) year intervals, subject to six (6)
months advance notification in writing of one party to all
others and contingent upon mutually agreeable terms and
conditions.
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. Equipment, Fixtures and Signs. Tenant shall have
the right to erect, install, maintain and operate on the
Premises such equipment, trade and business fixtures, signs
and other personal property as Tenant may deem necessary or
appropriate, and such shall not be deemed to be part of the
Premises, but shall remain the property of Tenant. Any such
installations shall not materially injury or deface the
Improvements and shall be in accordance with applicable local..
codes. At any time during the term of this Lease Agreement
and within thirty (30) days after termination hereof, Tenant
shall have the right to remove its equipment, fixtures, signs
and other personal property from the Premises provided that
Tenant is not then in default.
11. Damage By Fire or Other Casualty.
A. If the Improvements, or any material part
thereof, should be destroyed or damaged by fire or other
casualty, Tenant shall immediately deliver written notice
thereof to Landlord.
B. If the Improvements 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,
Page 3 of 8
Tenant, by written notice to Landlord, may terminate this
Lease Agreement effective as of the date of such damage.
C. All insurance proceeds payable under insurance
policies maintained by Tenant by reason of the occurrence of
such fire or other casualty shall be paid to Tenant to be
applied to the cost of repair, 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.
12. 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 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, 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 than by
Landlord) in or about the Premises during the term of this
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 whatsoever (unless caused by
Landlord's negligence) occurring in, at or upon the Premises;
and (d) any default by Tenant in the full and prompt payment
and performance of Tenant's obligations under this Lease;
together with all 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 case any action or
Page 4 of 8
proceeding be brought against Landlord by reason of any such
claim, Tenant, upon notice from Landlord shall resist and
defend such action or proceeding (by counsel reasonably
satisfactory to Landlord).
13. Assignment and Subletting.
Tenant 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.
14. Default.
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 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 Agreement,
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 (provided 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
transfer in fraud of creditors or make an
assignment for the benefit of creditors;
(4) Tenant shall file a petition under any
section 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 bankrupt
or insolvent in proceedings filed against
Tenant thereunder; or
(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
Premises by Tenant at any time during the
Initial Term, First Renewal or Second Renewal
of this Lease Agreement.
Page 5 of 8
8. Upon the occurrence of any Event of Default,
Landlord shall have the option to pursue any one or more of
the following remedies without any notice or demand
whatsoever.
15. Right of Inspection. Landlord and its agents and
representatives shall be entitled to enter upon and inspect
the Premises at any time during normal business hours,
provided only that such inspection shall not unreasonably
interfere with Tenant's business.
16. Warranty of Title, Quiet Enjoyment, Subordination
and Estoppel. Landlord represents and warrants that it is the
owner in fee simple of the Land, 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 without any hindrance,
molestation or ejection by Landlord, its successors or
assigns. 4
17. Holding Over by Tenant. Should Tenant or any
assignee, sublessee or Licensee of Tenant hold -over the
Premises or any part thereof after the expiration of the
Primary Term or any Renewal Term hereof, unless otherwise
agreed in writing, such hold -over shall constitute and be
construed as a tenancy from month -to -month in accordance with
Chapter 83 of the Florida Statutes, but otherwise upon the
same terms and conditions.
18. 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
Page 6 of 8
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:
19. Miscellaneous.
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 respedt 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
Page 7 of 8
other party hereto for its court costs and reasonable
attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executed his
Lease Agreement as of the day and year first above written.
TENANT:
ATTEST: // r.„--, ., t ' c ' t . , , . BY: !/14/ /7 /L\``,A044 U_.
r
' LANDLORD:
ATT T : �� �, /
--e O 7� BY::
DEuY C IrY Cdr =Rk. / GENE MOORE, MAYOR
APPROVED .S 10 FCR1.1: '
JAC /ras'" " .
BOYNTON
•
Page 8 of 8
(4i 'IVI LVV VY.Vrrr
r l v ... r r •
EXHIBIT "A"
Aparcel of land lying in the Plat of ARDEN PARK as recorded
in Plat Book 2, Page 96 as recorded in the Public Records of
Palm each County, Florida. More particularly described as
follows:
Beginning at the Northeast corner of Lot 144 of said ARDEN
PARK Plats thence Westerly along the Southerly right -of way
of Northeast Ninth Avenue a distance of 219.38 v+et to a
point; thence Southerly on an angle to the right from the
last described course of 88 °- 43' -19" a distance of 358.36
feet to the centerline of a 10.00 foot alley as abandoned
per Official Record Book 5380, Pages 29 -32 as recorded in
the Public Records of Palm Beach County; thence Easterly on
an angle to the right from the last described coursed of
91 ° -16' -26" along the centerline of, said abandoned alley a
distance of 154,07 feet to the Westerly right -of -way of
Northeast Third Street; thence Northerly on an angle to the
right from the last described course of 98 ° - 00' -00" along
the Westerly right -of -way of Northeast Third Street a
distance of 361.76 feet to the Southerly right -of -way of
Northeast Ninth Avenue and the Point of Beginning.
Said lands situate, lying and being in Palm Beach County,
Florida.
•
NOTE: This legal is based on information supplied by the
City of Boynton Beach.
NOTES This is a stemwall survey. Improvements, other
than the building were not located.
•
•
•
•
SENT BY; ; o- 6 -90 ; 4M55 ; Boynton Bch fax-' 407 233 0210 ;11 3
•
Insurance Requirements - Child Care Center
•
Lessee shall procure and maintain for the duration of the
contract insurance against claim for injuries to persons or
damage to property which may arise from or in connection with the
Lessee's operation and use of the leased premises. The cost of
such insurance shall be borne by the Lessee.
Insurance Provisions:
A. Workers' Compensation: If the Lessee falls under
Florida Workers' Compensation Law, coverage shall be
provided for all employees. The coverage shall be
statutory limits in compliance with the applicable
state and federal laws. The Policy must include
Employer's Liability with a limit of $100,000 each
accident.
B. Business Liability: Owners, Landlords and Tenants
Form: Shall have minimum limits of $300,000 per
occurrence Combined Single Limit for Bodily Injury
Liability and Property Damage Liability including
Premises and Operations.
C. Commeroial Property Coverages Lessee shall carry
Commercial Property Coverage - All Risks Coverage for
the Building and Personal Property designated by the
City. Building coverage shall be $655,000 and Personal
Property $
D. Deductibles and Self- Insured-Retentions: Any
deductible or self- insured retentions 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 shell procure a bond guaranteeing payment of
losses and related investigation, claims administration
and defense expenses.
Special Requirements:
A. The City of Boynton Beach, its officials, Officers,
Employees and Volunteers shall be included as an
additional insured on the Owners, Landlord and Tenants
Liability Policy. The City of Boynton Beach, its
Officials, Officers, Employees and Volunteers shall be
included as a named insured on the commercial Property
Policy. The coverage shall contain no limitations on
the scope of protection afforded to the City, its
Officers, Officials, Employees or volunteers.
B. An appropriate Hold Harmless Clause shall be signed by
the Lessee relieving the City of any and all liability.
•
Insurance Requirements - Child Care Center
Page Two
•
C. 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 not be suspended,
voided or cancelled by either party, reduced in
coverage or in limits except after thirty (30) days
prior written notice by certified mail, return receipt
requested, has been given to the City.
D. It shall be the responsibility of the Lessee /User to
ensure that all Sub - lessees /Users comply with the same
insurance requirements that he is required to meet.
•
E. The Lessee /User shall inform his insurer to furnish,
directly to the City of Boynton Beach, Certificates of
Insurance with original endorsements affecting coverage
required within. The Certificates and Endorsements for
insurance policies are to be signed by a person
.authorized by that insurer to bind coverage on its
behalf and transmitted to the Department of Risk
Management with attached transmittal correspondence
displaying insurer's letterhead. Certificates 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 at any time.
F. The Lessee /User's insurance coverage shall be primary
insurance as respect to the City, its Officers,
Officials, Employees and Volunteers. Any insurance or
self- insurance maintained by the City shall be excess
of the Lessee /User'a.insurance and shall not contribute
to it. .
•
•
•
•
6%#f /1 ''B
RESOLUTION NO. 90
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
INTERLOCAL AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE CITY OF BOYNTON BEACH FOR
THE PURPOSE OF REIMBURSING THE CITY
$51,250.00 FOR KITCHEN EQUPMENT
INSTALLED IN THE BOYNTON BEACH CHILD
CARE CENTER, A COPY OF SAID INTERLOCAL
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "1 "; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute that certain Interlocal
Agreement, a copy of which is attached hereto as Exhibit
”1n
•
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this J day of June, 1990.
rte
CITY YNTON A FLORIDA
,-
h
Mayor
i
• / _, (1) ,,teeix-f•-•
Q ZP e Mayor
or . _ -�, ".
AWL., ,
Co, sioner
.. -------- 1 - 4 :-:-
Commissioner
Commissioner
ATTEST:
'
w ./i i 4 - 4■ 1 5 . -.
1,' Clerk
(Corporate Seal)
E"B"
. . ..
' "ERLOCAL AGREEMENT BETWEE
• PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
R90 10760
THI INTER AGREEMENT, made and entered into this day
of J AL 1 0 19JV , 1990 by and between the COUNTY OF PALM BEACH,
by its Board of Commissioners, the ( "COUNTY ") and the CITY OF BOYNTON
BEACH, an incorporated municipality, the ( " : :TY ");
W I T N E S S E T H
WHEREAS, Chapter 163, Florida Statutes, as amended, .authorizes
local governmental units to make the most efficient use of their powers
by enabling them to cooperate on a basis of mutual advantage, such that
the CITY and the COUNTY are authorized to enter into this Agreement;
and
•
WHEREAS, Chapter 125, Florida Statutes, as amended, empowers the
COUNTY to enter into agreements with other governmental units for the
joint performance or performance by one unit in behalf of the other
of their authorized functions, and empowers the COUNTY to establish
and administer programs and projects with other governmental entities;
and
WHEREAS, the COUNTY has operated a joint Federally /County funded
Child Care Center as part of the Head Start Program, in a building owned
by the CITY at 909 Northeast Third Street, Boynton Beach, Florida; and
WHEREAS, as part of the reconstruction and refurbishing of the
building by the CITY, the COUNTY budgeted $51,250 of the joint
Federal /County funds to assist in paying for certain kitched equipment
and kitchen renovations; and •
WHEREAS, the CITY authorized installation of the kitchen equipment
and has made payment to the Contractor and has now requested repayment
from the COUNTY;
NOW THEREFORE, in consideration of these premises and the mutual
promises contained herein, the parties agree as follows:
1. All the food service equipment identified in the CITY's change order
No. 1, dated January 6, 1988, to the Lear Group, Inc. has been
installed to the satisfaction of the CITY and the CITY has made
full payment therefore. The specific items are listed on Exhibit
A attached hereto and hereby incorporated by referenced.
2. Upon execution of this Agreement and verification by the COUNTY
that each item listed on Exhibit A has been installed, the COUNTY
will reimburse the CITY in the amount of fifty -one thousand two
hundred and fifty dollars ($51,250), less any discounts or adjustments
taken by the CITY.
3. The CITY hereby transfers all rights, title and interest in the
items listed on Exhibit A to the COUNTY and the United States
Government, as their interests may appear and shall permit the COUNTY
to property tag or otherwise identify such items as COUNTY property.
4. It is the intention of the parties to enter into a separate lease
agreement either directly or through Boynton Beach Child Care Center,
Inc. ( a not - for - profit corporation) for use by the COUNTY of the
facility as a child care center for the Head Start Program.
5. The COUNTY may in its sole discretion at any time remove the items
identified in Exhibit A from the premises for use at other locations,
consistent with its obligations to the Federal government as to
Federal funds.
6. Any use of the equipment by other than authorized COUNTY employees
must be specifically approved in writing by the COUNTY's designated
representative.
'-i?'. 1
7. Unless otherwise sE ified herein, all noti .s given under t;:is
Agreement shall be made and transmitted in writing to:
COUNTY - Palm Beach County
Director of Community Services
301 Evernia Street
West Palm Beach, Florida 33401
CITY - City of Boynton Beach
City Manager
120 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
IN WITNESS WHEREOF, the parties have caused this Agreement to be
authorized and executed by their respective governing bodies as of the
year and day first written above.
, .7 /
,..- „ / Z
•
ATTEST: C ITY; OF ANT '. • AC
z
• �- � ir.,.f. By
f+P�tt 1ED AS FO :M: Gene Moore
b Typed Name
- ��,.
( i Title Mayor
CI TI FTT(••
ATTEST PALM BEACH COUNTY BOARD OF COUNTY
JOHN B. DUNKLE, Clerk COMMISSIONERS
1
BY , --
_ • at. ma By , ' xC�C - /�, -r Z'
• " t @I P,: r• :+i Chair JUL 1 0 1990
AP ROVED FOR LEGAL SUFFICIENCY
� ounty Attorney
EXHIBIT "A"
Page 1 of 3
KITCHEN EQUIPMENT LIST
BOYNTON BEACH CHILD CARE CENTER
ITEM MAKE SERIAL NUMBER
1. Range Furnished by others Not found
(existed, contractor re- installed and converted to natural gas)
2. Oven, convection, Furnished by others Not found
natural gas fired South Bend Magic Air
(existed, contractor re- installed and converted to natural gas)
3. Hood Custom Built by contractor Not found
(Designed to cover open flame equipment, extending over sides
and front a minimum of 6" in compliance with NFPA standard 96.
Filters, removable grease trap, residue trap with cleanout at
base of riser)
4. Dishwasher, Hobart C -44 33290 -J
electric
(Purchased and installed by Contractor)
5. Soiled Dish Table Custom Built by Contractor Not found
(Major area 96" by 24" with continuous 6" integral backsplash,
welded closed and diagonal backsplash and return to Dishwasher.
All service lines, operating components, mechanical and
electric devices shall be enclosed. Openings shall be provided
for waste disposal and pre -rinse unit and both installed. Sound
deaden underside of work surfaces. conform to NSP standards)
6. Pre -rinse and garbage Waste King Universal 881200305
disposal Model 1000 -3
(Purchased and installed by Contractor w /#9 spray rinse, siphon
breaker, vol -temp assembly, globe valve, all tubing and piping;
12" bowl and accessories, group APS)
7. Clean Dish Table Custom Built by Contractor Not found
(Major area 96" by 24" with continuous 6" integral backsplash,
welded closed and diagonal backsplash and return to dishwasher.
All service lines, operating components, mechanical and
electric devices shall be enclosed. Sound deaden underside of
work surfaces. Conform to NSP standards. Provide continuous
undershelf to be fastened to support members)
8. Shelves Custom Built by Contractor Not found
(To be built above clean dish table: stainless steel, 18 gauge,
same construction as for tables. Design shelves and install to
support 40 lbs. per sq. ft. loading plus 100% impact loading)
9. Walk -in Cooler - Freezer American Panel 16237
Model WF- 3X -78 -1
(Custom designed to dimensions supplied to Contractor. Door
frame shall contain a flush- mounted switch and pilot light on
the outside of the frame and vaporproof lights on the interior
of the frame.Freezer frame shall have a thermo -disc control, UL
approved heater wire around the perimeter of the door frame to
prevent door from freezing shut. A temperature alarm shall be
provided. Door shall be same thickness as walls. Door hardware
shall be chrome plated. Cooler- freezer shall be a nominal 8
feet high. Purchased and installed by Contractor)
•_ • A%J. l /-:YY �.]�' •. }: n'�. �� A 1.41.$1 - ...
2C "!1r X i BEAC 3 , n ru :I CAlau ar `IISt
ITSq W1 __.._.. SERIAL HUMBRA
•
10. Reach -in Freezer, Fit : :"ii. shed by others Not found
electric
(existed, electric hook -up by Contractor)
11. Milk Cabinets, Fwmizhed by others Not fou:id
electric
(existed, electric hook -up by Contractor) Not found
12. Pick up table Custom Built by contractor Not found
(same construction as clean and soiled dish table, except no
backsplash. 84" X 30" X 30" h.)
13. Refrigerator, Furnished by others Not found
electric
(existed, electric hook -up by Contractor)
14. Kettle, 20 gal, Gwen 40873 -5
self contained ML 1-20
steam source,
LP gas
• (purchased and installed by Ccntractoi: )
15. Mixer, Hcbar1 :, 11- 416 -527
floor mounted 600T
electric
(purchased and installed by Contractor)
16. Slicer, electric Furnished by others A8920071
Model 412
(existed, electric hook -up by Ccsnt :ract:c r )
17. Mixer, electric Furnished by others 1868966
Hobart: A -200
(existed, electric hook -up, by Contractor)
18. Misc. Shelving Custom Built by Contractor Not found
for dry storage
and cooler /freezer
(Designed as heavy duty shelves press- formed from a single
sheet of 16 gauge stainless steel in cooler freezer. Aluminum
in dry storage. Set screw shall be provided to lock shelves at
desired height on posts. Entire assembly shall be stationary)
19. Two preparation tables, Custom Built by Contractor Not found
stainless steel
(Custom designed to dimensions supplied to Contractor)
20. Fire Suppression Ansul 116260
System R - 12
(Purchased and installed by Contractor. Restaurant fire
suppressant system with ansulex liquid Eire suppressant agent.
Must be provided with stainless steel tank, three gal cap to
meet required pressure test :. Tank shall include an adaptor /tube
assembly, provide discharge nozzles, regulated release
mechanism, link detection system, remota manual pull station,
mechanical gas line shut -off valve, electric gas line shut -off
valve, electric snap - action switch, and pressure switch,
pneumatically operated to shut off of electric power to
appliances)
County Commissioner County Administrator
Cato! J. Elmquist, Chairman Jan Winters
Karen T. Marcus, Vice Chair
Carol A. Roberts
Ron Howard Property & Real Estate Management
Carole Phillips 1�� 9 Department
4 Zi
October 15, 1990
Sharon Randolph
Assistant to the City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
Re: Sublease Agreement, Boynton Beach Child Care Center
Dear Ms. Randolph:
Enclosed for your file is a copy of the above - referenced sublease
agreement approved and executed by Palm Beach County on Oct. 2,
1990.
The County's Property Manager for this facility is Peter Banting
who can be reached at 233 -0213.
Thank you for all your assistance and information which proved
invaluable in the formulation and finalization of the enclosed
agreement.
If you need any additional information, please do not hesitate to
contact me at 233 -0166.
Sincerely, I
///
Arthur Kahlenberg
Real Estate Specialist
of
Enclosure
cc: Ed Rich, Community Services
Eugene Manselle, Community Services (w /enclosure)
Ross Hering, PREM
Robert Strane, PREM
Peter Banting, PREM
PREM File - Boynton Beach Child Care Lease
An 1 qual Opportunity - Al irmatne lemon Finplov
FOUR POINTS CENTRE
50 SOUTH MILITARY TRAIL, SUITE 211 q 7 1990
WEST PALM BEACH, FL 33415
(407) 233 -0200 FAX (407) 233 -0210 ,• r
SUBLEASE AGREEMENT
R90 l697u
THIS SUBLEASE AGREEMENT, made and entered into this day
of 0C1 2 1994 , 1990 by and between BOYNTON BEACH CHILD CARE
CENTER, INC., (hereinafter referred to as "SUBLESSOR ") and PALM
BEACH COUNTY, a political subdivision of the State of Florida, on
behalf of the PALM BEACH COUNTY COMMUNITY SERVICES DEPARTMENT
(hereinafter referred to a "SUBLESSEE ").
W I T N E S S E T H
WHEREAS, SUBLESSOR, as Lessee under that certain Lease
Agreement (hereinafter referred to as the "Prime Lease ") attached
hereto as Exhibit "A" and made a part hereof, dated the 15th day
of May, 1990 between the City of Boynton Beach, Florida,
(hereinafter referred to as "CITY ") and SUBLESSOR, has leased the
land and the improvements thereon (hereinafter collectively called
the "Premises ") located at 909 N.E. 3rd Street, Boynton Beach,
Florida; and
WHEREAS, SUBLESSEE desires to sublet the Premises from
SUBLESSOR and SUBLESSOR is willing to sublet the same to SUBLESSEE
on the conditions hereinafter set forth; and
WHEREAS, SUBLESSEE and the CITY have entered into an inter -
local agreement (attached hereto as Exhibit "B" and made a part
hereof) dated the 10th day of July, 1990 which provides for the
execution of this Sublease Agreement between SUBLESSOR and
SUBLESSEE for use of the Premises by SUBLESSEE as a child care
center for the Head Start Program.
NOW THEREFORE, SUBLESSOR, for and in consideration of the
rents, covenants, and agreements hereinafter contained on the part
of the SUBLESSEE to be paid, kept and performed, does hereby sublet
and demise unto SUBLESSEE, and SUBLESSEE hereby takes and hires
from SUBLESSOR, the Premises.
TO HAVE AND TO HOLD the same unto SUBLESSEE for a Term to
commence upon the date of execution of this Sublease Agreement by
SUBLESSEE and to expire on May 31, 1995, subject to the rentals,
terms, covenants, conditions and provisions hereinafter set forth.
1
AND SUBLESSOR and SUBLESSEE hereby agree as follows:
1. To the extent not inconsistent with the agreements and
understandings expressed in this Sublease, all of the terms,
provisions, covenants and conditions of the Prime Lease
(Exhibit "A ") are hereby incorporated into this Sublease by
reference with the following understandings:
I
(a) The term "Landlord" as used in the Prime Lease shall
be deemed to refer to SUBLESSOR hereunder, its successor and
permitted assigns, and the term "Tenant" as used in the Prime
Lease shall be deemed to refer to SUBLESSEE hereunder, its
successor and permitted assigns.
(b) INSURANCE REOUIREMENTS FOR SUBLESSEE:
Notwithstanding anything in the Prime Lease (Exhibit "A ") to
the contrary, the SUBLESSOR and SUBLESSEE hereby agree that
the insurance coverage required from the SUBLESSEE shall be
satisfied by SUBLESSEE providing a certificate of insurance
or self- insurance coverage for comprehensive general liability
in the amount of $100,000 per person or $200,000 per incident
of occurrence. In the event the Legislature should change the
SUBLESSEE's exposure by Statute above or below the sums
insured against, the SUBLESSEE shall provide insurance or
self - insurance coverage to the extent of that exposure.
(c) The repairs and maintenance of the property and
structure to be performed by SUBLESSEE as listed in Article
8B of the Prime Lease (Exhibit "A ") shall include the
installation, removal and repair of existing hurricane
shutters. Notwithstanding anything in the Prime Lease
(Exhibit "A ") to the contrary, any subsequent addition to the
SUBLESSEE's responsibilities for repairs and maintenance shall
require the approval of the SUBLESSEE.
(d) All parties acknowledge that there are no defaults
existing as of the date hereof and that no additional
improvements or repairs to the Premises are required as a
condition of this Sublease Agreement.
(e) NOTICES: It is understood and agreed between the
2
parties hereto that written notice mailed or delivered to the
parties hereto at the respective addresses set out below shall
constitute sufficient notice to the parties to comply with the
terms of this Sublease.
SUBLESSOR: Boynton Beach Child Care Center, Inc.
c/o Mrs. Sarah J. Coston
1 6803 Kingston Drive
Lantana, FL 33462
SUBLESSEE: Palm Beach County
Director of Community Services
301 Evernia Street
West Palm Beach, FL 33401
with a copy to: Property & Real Estate Management Division
Attn: Property Manager
50 So. Military Trail, Suite 211
West Palm Beach, FL 33415
CITY: City of Boynton Beach
Attn: City Manager
100 East Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, F1 33425 -0310
SUBLESSEE shall be copied on all correspondence between
SUBLESSOR and CITY.
All requests for payments required by SUBLESSEE shall require
the receipt of an invoice delivered to Palm Beach County
Finance Department at P.O. Box 4036, West Palm Beach, Florida
33402. The invoice must be delivered at least fifteen (15)
days but not more than thirty (30) days in advance of the date
payment is due. SUBLESSEE is a tax exempt entity as
evidenced by tax exemption #60- 2211519753C.
(e) ANNUAL BUDGETARY FUNDING /CANCELLATION: The Term of
this Sublease Agreement shall be subject to annual budgetary
funding by the Board of County Commissioners of Palm Beach
County. In no event shall SUBLESSEE's monetary obligations
under this Sublease Agreement exceed that of funds budgeted
in any fiscal year. Notwithstanding anything herein or in the
Prime Lease (Exhibit "A ") to the contrary, the SUBLESSEE may
upon ninety (90) days notice to SUBLESSOR cancel this Sublease
for any reason. Upon cancellation or termination of this
Sublease Agreement, SUBLESSEE has the unconditional right to
remove any of SUBLESSEE's personal property located on or in
the Premises.
3
R90 1697
IN WITNESS WHEREOF, SUBLESSOR and SUBLESSEE have hereunto
set their hands and seals the day and year first above written.
ATTEST: SUBLESSEE:
PALM BEACH COUNTY, FLORIDA, A
John B. Dunkle, Clerk POLITICAL SUBDIVISION OF THE
STAT =� FLORIDA
By: BY .i / _.r
1 Deputy Cl rk Chair
OCT 2 ''90
ATTEST: SUBLESSOR:
BOYNTON BEACH CHILD CARE, INC.
a h rt, rl BY: 1' cal- -
President
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
//
By: /
o my A o ney
childcar.sls
4
Il II
LEASE AGREEMENT
THIS LEASE AGREEMENT, dated as of May 15, 1990 ,
1990, by and between THE CITY OF BOYNTON BEACH, FLORIDA, or
its assigns (hereinafter called "Landlord "), and BOYNTON 5EACII
CHILD CARE CENTER, INC., (hereinafter called "Tenant "):
I
W I T N E S S E T 11:
1. Premises and Term. In consideration of the
obligation of Tenant to pay rent as hereinafter provided and
in consideration of the other terms, provisions and covenants
hereof, Landlord hereby demises and leases to Tenant, and
Tenant hereby takes from Landlord, premises located at 909
N.E. 3rd Street, Boynton Beach, Palm Beach County, State of
Florida, the same being more particularly shown on Exhibit "A"
attached hereto, together with all rights, privileges,
easements and appurtenances belonging or in any way pertaining
thereto, and together with any building and other improvements
erected (hereinafter called the "Improvements ") and, together
with the Land, (hereinafter called the "Premises "), TO HAVE
AND TO HOLD the same for a primary term of five (5) years
(hereinafter called the "Primary Term ") commencing upon June
1, 1990, the Commencement Date (as hereinafter defined) and
expiring '(60) months after the Commencement Date.
' This Lease shall constitute a binding contract and
agreement as of this date, subject to the terms, conditions
and provisions hereof.
The Commencement Date shall be June 1, 1990.
2. Renewal Options. Landlord hereby grants to Tenant
the right and option to extend the term of this Lease
Agreement for three (3) consecutive renewal terms of five (5)
years each.
3. Rent.
A. Tenant shall pay to Landlord at the rate of ONE
AND NO /100 ($1.00) DOLLAR per year ( "Base Rent ") during the
Primary Term, plus applicable State of Florida sales tax.
Page 1 of
B. All payments of rent shall be promptly made to
Landlord without notice or demand thereof on the first day of
June of each year.
4. USE. Tenant may use the Premises for the
operation of a community service center with the primary
activity being child care and child care related activites
such as food service, family support and such other uses as
are incidental to the operation thereof.
5. Utility Charges. Tenant shall pay all charges
incurred for the use of utility services at the Premises
including, without limitation, gas, electricity, water, sewer
and telephone and hookup and meter charges relating thereto.
6. Taxes. Tenants shall be responsible for the payment
of all taxes arising from the use of the property.
7. Insurance. Tenant shall insure the property,
shall insure against property damage and public liability and
shall provide such other insurance in accordance with the
schedule of required insurance attached hereto as Exhibit B.
8. Repairs and Maintenance. Maintenance of the property
and structure shall be the mutual responsibility of all
present and future parties to this agreement, as it may be
amended. Although specific responsibilities shall be assigned
by mutual agreement of all parties, it shall be the goal of
each to extend maximum cooperation and assistance in the event
of emergency and /or extenuating circumstances which may
severely strain the resources of either party.
A. The City shall be responsible for maintenance and
repair of the facility grounds ( "property ") and infrastructure
to include the following:
1. fencing
2. playground equipment
3. parking lot (including lighting and signage)
4. landscaping and irrigation systems
5. potable water and sanitary sewer systems
6. telephone cabling and distribution systems
7. garbage and trash removal
B. The Center, with assistance from applicable Palm
Beach County departments and other funding entities, shall be
responsible for maintenance and repair of the facility
building ( "structure ") to include the following:
1. custodial services
2 exterior and interior surfaces, walls, windows
and doors
3. exterior and interior electrical and lighting
systems
4. roofing system
5. kitchen equipment
6. fire and security alarm systems
Page 2 of 8
7. plumbing (to the property line /cleanout)
8. heating, ventilating and air conditioning
(HVAC) and refrigeration systems
9. water heaters
10. exhaust fans
11. pest control services
B. Changes to the above responsibilities shall be
renegotiable at two (2) year intervals, subject to six (6)
months advance notification in writing of one party to all
others and contingent upon mutually agreeable terms and
conditions.
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. Equipment, Fixtures and Signs. Tenant shall have
the right to erect, install, maintain and operate on the
Premises such equipment, trade and business fixtures, signs
and other personal property as Tenant may deem necessary or
appropriate, and such shall not be deemed to be part of the
Premises, but shall remain the property of Tenant. Any such
installations shall not materially injury or deface the
Improvements and shall be in accordance with applicable local.
codes. At any time during the term of this Lease Agreement
and within thirty (30) days after termination hereof, Tenant
shall have the right to remove its equipment, fixtures, signs
and other personal property from the Premises provided that
Tenant is not then in default.
11. Damage By Fire or Other Casualty.
A. If the Improvements, or any material part
thereof, should be destroyed or damaged by fire or other
casualty, Tenant shall immediately deliver written notice
thereof to Landlord.
B. If the Improvements 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,
Page 3 of 8
Tenant, by written notice to Landlord, may terminate this
Lease Agreement effective as of the date of such damage.
C. All insurance proceeds payable under insurance
policies maintained by Tenant by reason of the occurrence of
such fire or other casualty shall be paid to Tenant to be
applied to the cost of repair, 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.
12. 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 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, 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 than by
Landlord) in or about the Premises during the term of this
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 whatsoever (unless caused by
Landlord's negligence) occurring in, at or upon the Premises;
and (d) any default by Tenant in the full and prompt payment
and performance of Tenant's obligations under this Lease;
together with all 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 case any action or
Page 4 of 8
,
proceeding be brought against Landlord by reason of any such
claim, Tenant, upon notice from Landlord shall resist and
defend such action or proceeding (by counsel reasonably
satisfactory to Landlord).
13. Assignment and Subletting.
Tenant 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.
14. Default.
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 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 Agreement,
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 (provided 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
transfer in fraud of creditors or make an
assignment for the benefit of creditors;
(4) Tenant shall file a petition under any
section 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 bankrupt
or insolvent in proceedings filed against
Tenant thereunder; or
(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
Premises by Tenant at any time during the
Initial Term, First Renewal or Second Renewal
of this Lease Agreement.
•
Page 5 of 8
B. Upon the occurrence of any Event of Default,
Landlord shall have the option to pursue any one or more of
the following remedies without any notice or demand
whatsoever.
1 15. Right of Inspection. Landlord and its agents and
representatives shall be entitled to enter upon and inspect
the Premises at any time during normal business ,hours,
provided only that such inspection shall not unreasonably
interfere with Tenant's business.
16. Warranty of Title, Quiet Enjoyment, Subordination
and Estoppel. Landlord represents and warrants that it is the
owner in fee simple of the Land, 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 without any hindrance,
molestation or ejection by Landlord, its successors or
assigns. ,
17. Holding Over by Tenant. Should Tenant or any
assignee, sublessee or Licensee of Tenant hold -over the
Premises or any part thereof after the expiration of the
Primary Term or any Renewal Term hereof, unless otherwise
agreed in writing, such hold -over shall constitute and be
construed as a tenancy from month -to -month in accordance with
Chapter 83 of the Florida Statutes, but otherwise upon the
same terms and conditions.
18. 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
Page 6 of 8
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:
1
19. Miscellaneous.
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
Page 7 of 8
other party hereto for its court costs and reasonable
attorney's fees.
IN WITNESS WHEREOF, the parties hereto have executea .his
Lease Agreement as of the day and year first above written.
TENANT:
ATTEST: r --
-,� e , _ - BY .
' r
Pi(?
LANDLORD:
ATT T:
-e��J
0
AE u L( CITY Cyr =R1c, i GENE MOORE, MAYOR
APPROVED A5 10 fCRL%:
JAC /ra ��"
BOYNTON
Page 8 of 8
SENT 5Y; ; tl— b —yu 4 ;15PM ; boyncon bun tax-+ 4u1 tab (A1U;+4
EXHIBIT "A"
A.4parcel of land lying in the Plat of ARDEN PARK as recorded
in Plat Book 2, Page 96 as recorded in the Public Records of
Palm Beach County, Florida. More particularly described as
follows:
•
Beginning at the Northeast corner of Lot 144 of said ARDEN
PARK Plat: thence Westerly along the Southerly right -of way
of Northeast Ninth Avenue a distance of 212.38 =.,et to A
point) thence Southerly on an angle to the right from the
last described course of 88 ° - 43' -19" a distance of 358.36
feet to the centerline of a 10.00 foot alley as abandoned
per Official Record Book 5380, Pages 29 -32 as recorded in
the Public Records of Palm Beach County; thence Easterly on
an angle to the right from the last described coursed of
91 16 -26" along the centerline of, said abandoned alley a
distance of 154.07 feet to the Westerly right -of -way of
Northeast Third Street; thence Northerly on an angle to the
right from the last described course of 98 ° - 00' -00» along
the Westerly right -of -way of Northeast Third Street a
distance of 361.76 feet to the Southerly right -of -way of
Northeast Ninth Avenue and the Point of Beginning.
Said lands situate, lying and being in Palm Beach County,
Florida.
NOTE: This legal is based on information supplied by the
City of Boynton Beach.
NOTE: This is a stemwall survey. Improvements, other
than the building were not located,
SENT By: ; 8- 6 -90 ; 4:15PM ; Boynton Bch fax-+ 407 233 02104 3
W M I IzS T i3 '
Insurance Requirements - Child Care Center
•
Lessee shall procure and maintain for the duration of the
contract insurance against claim for injuries to persons or
damage to property which may arise from or in connection with the
Lessee's operation and use of the leased premises. The cost of
such insurance shall be borne by the Lessee.
Insuranoe Provisions:
A. Workers' Compensation: If the Lessee falls under
Florida Workers' Compensation Law, coverage shall be
provided for all employees. The coverage shall be
statutory limits in compliance with the applicable
state and federal laws, The Policy must include
Employer's Liability with a limit of $100,000 each
accident.
B. Business Liability: Owners, Landlords and Tenants
Form: Shall have minimum limits of $300,000 per
occurrence Combined Single Limit for Bodily injury
Liability and Property Damage Liability including
Premises and Operations.
C. Commercial Property Coverage; Lessee shall carry
Commercial Property Coverage - All Risks Coverage for
the Building and Personal Property designated by the
City. Building coverage shall be $655,000 and Personal
Property $
D. Deductibles and Self-Insured—Retentions; Any
deductible or self - insured retentions 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 Requirements;
A. The City of Boynton Beach, its Officials, Officers,
Employees and Volunteers shall be included as an
additional insured on the Owners, Landlord and Tenants
Liability Policy. The City of Boynton Beach, its
Officials, Officers, Employees and Volunteers shall be
included as a named insured on the commercial Property
Policy. The coverage shall contain no limitations on
the scope of pr0teotion afforded to the City, its
Officers, Officials, Employees or volunteers.
B. An appropriate Hold Harmless Clause shall be signed by
the Lessee relieving the City of any and all liability.
'Ctu, U, • , u u — u , 4. 1ONi+i i Ouyn4un ...n tax-+ 4U! 233 0210# 4
•
Insurance Requirements - Child Care Center
Page Two
C. 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 not be suspended,
voided or cancelled by either party, reduced in
coverage or in limits except after thirty (30) days
prior written notice by certified mail, return receipt
requested, has been given to the City.
D. It shall be the responsibility of the Lessee /User to
ensure that all Sub - lessees /users comply with the same
insurance requirements that he is required to meet.
•
E. The Lessee /User shall inform his insurer to furnish,
directly to the City of Boynton Beach, Certificates of
Insurance with original endorsements affecting coverage
required within. The Certificates and Endorsements for
insurance policies are to be signed by a person
authorized by that insurer to bind coverage on its
behalf and transmitted to the Department of Risk
Management with attached transmittal correspondence
displaying insurer's letterhead. Certificates 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 at any time.
F. The Lessee /User's insurance coverage shall be primary
insurance as respect to 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 contribute
to it.
•
RESOLUTION NO. 90 c�� -•�5
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
INTERLOCAL AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE CITY OF BOYNTON BEACH FOR
THE PURPOSE OF REIMBURSING THE CITY
$51,250.00 FOR KITCHEN EQUPMENT
INSTALLED IN THE BOYNTON BEACH CHILD
CARE CENTER, A COPY OF SAID INTERLOCAL
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "1 "; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute that certain Interlocal
Agreement, a copy of which is attached hereto as Exhibit
1
•
Section 2. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this .J" day of June, 1990.
:/
CITY Q YNTON : A FLORIDA
/ Mayor
i ' p Q� w /_
e Mayor
i V
/ _ .___.. 40101.e
Co .s i- ssioner
--- __--
Commissioner c\(
Commissioner
ATTEST:
ft0 _ / i i _ 4111 IINO .. _i
i " Clerk
(Corporate Seal)
•
INTERLOCAL AGREEMENT BETWEEN
• PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
13 0 1 0
THIS INTERLOCAL AGREEMENT, made and entered into this day
of JUL 1 0 1 , 1990 by and between the COUNTY OF PALM BEACH,
by its Board of Commissioners, the ( "COUNTY ") and the CITY OF BOYNTON
BEACH, an incorporated municipality, the ( " ::TY ");
W I T N E S S E T H
WHEREAS, Chapter 163, Florida Statutes, as amended, authorizes
local governmental units to make the most efficient use of their powers
by enabling them to cooperate on a basis of mutual advantage, such that
the CITY and the COUNTY are authorized to enter into this Agreement;
and
WHEREAS, Chapter 125, Florida Statutes, as amended, empowers the
COUNTY to enter into agreements with other governmental units for the
joint performance or performance by one unit in behalf of the other
of their authorized functions, and empowers the COUNTY to establish
and administer programs and projects with other governmental entities;
and
WHEREAS, the COUNTY has operated a joint Federally /County funded
Child Care Center as part of the Head Start Program, in a building owned
by the CITY at 909 Northeast Third Street, Boynton Beach, Florida; and
WHEREAS, as part of the reconstruction and refurbishing of the
building by the CITY, the COUNTY budgeted $51,250 of the joint
Federal /County funds to assist in paying for certain kitched equipment
and kitchen renovations; and
WHEREAS, the CITY authorized installation of the kitchen equipment
and has made payment to the Contractor and has now requested repayment
from the COUNTY;
NOW THEREFORE, in consideration of these premises and the mutual
promises contained herein, the parties agree as follows:
1. All the food service equipment identified in the CITY's change order
No. 1, dated January 6, 1988, to the Lear Group, Inc. has been
installed to the satisfaction of the CITY and the CITY has made
full payment therefore. The specific items are listed on Exhibit
A attached hereto and hereby incorporated by referenced.
2. Upon execution of this Agreement and verification by the COUNTY
that each item listed on Exhibit A has been installed, the COUNTY
will reimburse the CITY in the amount of fifty -one thousand two
hundred and fifty dollars ($51,250), less any discounts or adjustments
taken by the CITY.
3. The CITY hereby transfers all rights, title and interest in the
items listed on Exhibit A to the COUNTY and the United States
Government, as their interests may appear and shall permit the COUNTY
to property tag or otherwise identify such items as COUNTY property.
4. It is the intention of the parties to enter into a separate lease
agreement either directly or through Boynton Beach Child Care Center,
Inc. ( a not - for - profit corporation) for use by the COUNTY of the
facility as a child care center for the Head Start Program.
5. The COUNTY may in its sole discretion at any time remove the items
identified in Exhibit A from the premises for use at other locations,
consistent with its obligations to the Federal government as to
Federal funds.
6. Any use of the equipment by other than authorized COUNTY employees
must be specifically approved in writing by the COUNTY's designated
representative.
R90 1 07 6D
7. Unless otherwise specified herein, all notices given under t::is
Agreement shall be made and transmitted in writing to:
COUNTY - Palm Beach County
Director of Community Services
301 Evernia Street
West Palm Beach, Florida 33401
CITY - City of Boynton Beach
City Manager
120 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
IN WITNESS WHEREOF, the parties have caused this Agreement to be
authorized and executed by their respective governing bodies as of the
year and day first written above.
,. //
ATTEST: CITY /�OFy� ��� 3•'�A� / '
*..; _,,, 0 P /I L. 4 l e.,-,1-, ,
10 12 ED AG c FO :M: Gene Moore
A, / Typed Name
,' Title Mayor
CIT1 FTT( .
ATTEST PALM BEACH COUNTY BOARD OF COUNTY
JOHN B. DUNKLE, Clerk J COMMISSIONERS
By \.__.., �iL, / J...� BY r /�i �� .
Y. a ;, II VP; . y_. : , Chair 40L 1 o 1990
AP ROVED FOR LEGAL SUFFICIENCY
le
0 ounty Attorney
EXHIBIT "A"
Page 1 of 3
KITCHEN EQUIPMENT LIST
BOYNTON BEACH CHILD CARE CENTER
ITEM MAKE SERIAL NUMBER
1. Range Furnished by others Not found
(existed, contractor re- installed and converted to natural gas)
2. Oven, convection, Furnished by others Not found
natural gas fired South Bend Magic Air
(existed, contractor re- installed and converted to natural gas)
3. Hood Custom Built by contractor Not found
(Designed to cover open flame equipment, extending over sides
and front a minimum of 6" in compliance with NFPA standard 96.
Filters, removable grease trap, residue trap with cleanout at
base of riser) -
4. Dishwasher, Hobart C -44 33290 -J
electric
(Purchased and installed by Contractor)
5. Soiled Dish Table Custom Built by Contractor Not found
(Major area 96" by 24" with continuous 6" integral backsplash,
welded closed and diagonal backsplash and return to Dishwasher.
All service lines, operating components, mechanical and
electric devices shall be enclosed. Openings shall be provided
for waste disposal and pre -rinse unit and both installed. Sound
deaden underside of work surfaces. conform to NSP standards)
6. Pre -rinse and garbage Waste King Universal 881200305
disposal Model 1000 -3
(Purchased and installed by Contractor w / #9 spray rinse, siphon
breaker, vol -temp assembly, globe valve, all tubing and piping;
12" bowl and accessories, group APS)
7. Clean Dish Table Custom Built by Contractor Not found
(Major area 96" by 24" with continuous 6" integral backsplash,
welded closed and diagonal backsplash and return to dishwasher.
All service lines, operating components, mechanical and
electric devices shall be enclosed. Sound deaden underside of
work surfaces. Conform to NSP standards. Provide continuous
undershelf to be fastened to support members)
8. Shelves Custom Built by Contractor Not found
(To be built above clean dish table: stainless steel, 18 gauge,
same construction as for tables. Design shelves and install to
support 40 lbs. per sq. ft. loading plus 100% impact loading)
9. Walk -in Cooler - Freezer American Panel 16237
Model WF- 3X -78 -1
(Custom designed to dimensions supplied to Contractor. Door
frame shall contain a flush- mounted switch and pilot light on
the outside of the frame and vaporproof lights on the interior
of the frame.Freezer frame shall have a thermo -disc control, UL
approved heater wire around the perimeter of the door frame to
prevent door from freezing shut. A temperature alarm shall be
provided. Door shall be same thickness as walls. Door hardware
shall be chrome plated. Cooler- freezer shall be a nominal 8
feet high. Purchased and installed by Contractor)
Page 2 of 3
• KITMIKW EQUIPMENT LIST
BOYNTa4 BEAM( MILD CARE CENTUR
ITEM RAM SERIAL HUMBER
10. Reach -in Freezer, Furnished by others Not found
electric
(existed, electric hook -up by Contractor)
11. Milk Cabinets, Furnished by others Not found
electric
(existed, electric hook -up by Contractor) Not found
12. Pick up table Custom Built by Contractor Not found
(same construction as clean and soiled dish table, except no
backsplash. 84" X 30" X 30" h.)
13. Refrigerator, Furnished by others Not found
electric
(existed, electric hook -up by Contractor)
14. Kettle, 20 gal, Groen 40873 -5
self contained AFL 1 -20
steam source,
LP gas
' (purchased and installed by Contractor)
15. Mixer, Hobart 11- 416 -527
floor mounted 600T
electric
(purchased and installed by Contractor)
16. Slicer, electric Furnished by others A8920071
Model 412
(existed, electric hook -up by Contractor)
17. Mixer, electric Furnished by others 1868966
Hobart A -200
(existed, electric hook-up by Coptractor)
18. Misc. Shelving Custom Built by Contractor Not found
for dry storage
and cooler /freezer
(Designed as heavy duty shelves press - formed from a single
sheet of 16 gauge stainless steel in cooler freezer. Aluminum
in dry storage. Set screw shall be provided to lock shelves at
desired height on posts. Entire assembly shall be stationary)
19. Two preparation tables, Custom Built by Contractor Not found
stainless steel
(Custom designed to dimensions supplied to Contractor)
20. Fire Suppression Ansul 116260
System R -102
(Purchased and installed by Contractor. Restaurant fire
suppressant system with ansulex liquid fire suppressant agent.
Must be provided with stainless steel tank, three gal cap to
meet required pressure test. Tank shall include an adaptor /tube
assembly, provide discharge nozzles, regulated release
mechanism, link detection system, remote manual pull station,
mechanical gas line shut -off valve, electric gas line shut -off
valve, electric snap- action switch, and pressure switch,
pneumatically operated to shut off of electric power to
appliances)
EXHIBIT "A"
Page 3 of 3
KITCHEN EQUIPMENT LIST
BOYNTON BEACH CHILD CARE CENTER
ITEM MARS SERIAL gUMB R
21. Carts (3) Furnished by others Not found
1
22. Tray Rack Furnished by others Not found
23. Misc vessels, Furnished by others Not found
pots & pans
In essence, all of the items in the kitchen area of the Boynton
Beach Child Care Center is the property of Palm Beach County
and should be labeled as such.
• . •
,C1 7,Y of
• OYN V N VEAL 11 SG7 wi�i. `7y Z' J
120 Boynton Beach Blvd. = x •
P. 0. Sox 310 , a • 9
0!`•7 3cvnton Beach, Florida 33425 -0310
(305) 734 -8111
RECEIVED
SEP .2 7 1989 September 18, 1939
HEAD START AND
• CHILDREN SERVICES
Mr. Eugene Manselle
Palm Beach County Community Services
810 Datura Street •
West Palm Beach, Florida 33402
Dear Mr. Manselle,
•
Attached are copies of Change Order #1 for the kitchen
equipment at the Boynton Beach Child Care Center. Also included
are copies of the equipment specifications. The Change Order is
for the supplying and installation of the equipment only. All the
costs of the utility hookups were included in the base contract.
For your use in reimbursing the City the $51,250.00 as
approved and discussed.
Bill DeBeck
Project Manager
T Everald Badchkam to make payment
rernn Ir
cc: George Hunt
T• SEP 2 6 igg9
t
r � .. ..... ....
•
Rn /1 1
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ti
1
•
CHANGE
ORDER " " Nl` ❑
ARrtltIIC1 ❑
11111 VOCUM[NT G701 CONTRA( 1OR ❑
111111 ❑
(111(8 [1
f'( iI(C1 Boynton Beach Chi Id Care Center CItA \t(,E ORDER NU'•tBER• One
in.•n:r a(Idrestl 909 Northeast Third Street
Boynton Beach, FL _ IN11t\1ION DATE' January 1989
)() :Contractor)
ARCHITECT'S PROJECT NO: 8713
Lear Group, Inc. CONTRACT FOR: Cons t ruc t ion
3930 RCA Boulevard
Palm Beach Gardens, FL 33410 •
CONTRAC1 DATE• 09/26/88
You are directed to make the Inllowing changes in this Contract:
Furnish •and install Kitchen Equipment as reouested by the Owner
in correspondence dated November, 1988.
- X1 :
1 .• t . 1
i ":.1'•11 �. r 1 •(.. • r.. i..
N „1 .elnl unt.I .,atn, rI It% 11.itll :L, I rt% nt•r dirt Art IuLt•t1
C.,,• •tun ,, li•r C nr.l ...r 1 u1.1, ,)• 1... •,F,,. n,t nl 11• u•t%tilt, n1, I;.,I•ng I,1% .1, 11 u.1•n, oil •^ tt1(• ( ,0, 11 , .1(1 Ct1011 , , (.v11 .11 I
I hr r.r (( 1) 1 Stun) 1(i XXXXx4 XX (KX ( ( %vat • $ 652,558.00
111.1 t lt.mg'. In puc%irul.ly authtlrvr(1 ('h.m1;c Or(ler% S 0. 00
I hr r( unitat 1 Stun) ( RJ:YNKO(Kt(X:t prior to this Change Order %%at $ 652,558.00
the ((.introit Court C(X0I1(•XXX4X X'XKKkli) will he (Increased) (kl(J(XXJ(1.0(10YKM:XM)
by this (Change Order S 51,250,00
the new (Curlllact Sum) r kxx my.x. OiXXXy.rxrxxii including this Change Order will be S 703 808.00
The Contract lime %till be (i+ :X0:XXXXX)(X(XXXXM) (unchanged) by ( ) Li;
1he Date of Suhtlanual (• npIc11un as of the date of This Change Order therefore is
A IIII,Uri7cd:
Smith Obst Associates, AIA Lear Group, Inc. City of Boynton ecach
^21YI Congress 4ve Ste. 2 -C (( PjW ( Aek Boulevard ( 1Ri (r East Eoynton Ech. E'
t.I,lr. as Mlrlu .. Ar - 1s Palm Bch., FL 33406 Palm Bch. Gdns, FL 33410 Boynton Bch. FL
1),11 — — t1A►t / / IAt(
Alt I ( )(ut 1.'01 • ( 1 r11,1)11: • 111;11 1.1'1 111 t , • •.I t' . • ,t•1.
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•
• rev. 4/7/83
11401/01
SECTION 11401 - FOOD SERVICE EQUIPMENT
PART I - GENERAL
1.01 RELATED DOCUMENTS
The general provisions of the contract, including General Conditions (A1A Doc. A201), Special
Conditions, General Requirements, and Supplementary Conditions of the Contract apply to
the work specified in this section.
1.02 DESCRIPTION
•
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Supply and install all food service equipment specified arid /or shown on the drawings. All
electrical, plumbing and HVAC, including range hood and duct work, shall be the general
contractor's responsibility. Included are delivery, uncrating, installation, setting equipment in .
place, coordination with other trades, start up, service, and one year guaranty /warranty,
except as stated otherwise herein.
•
1.03 QUALITY ASSURANCE
Comply with 1 the following standards as applicable to manufacture, fabrication and
installation of the work of this section:
NSF' Standards: Comply with National Sanitation Foundation standards and criteria. Provide
NSF "Seal of Approval" on each item.
UL Standards: For electrical items provide either UL label products or, where no labeling
service is available, "recognized markings" to indicate listing in the UL "Recognized
Component Index ".
ANSI Standards: For gas burning equipment, comply with ANSI Z21- Series standards and
provide labels indicating name of testing agency. Comply with ANSI 857.1 for compressed gas
cylinder connections, and with applicable standards of the Compressed Gas Association for
compressed gas piping. Comply with ANSI 40.4 and A40.6 for water connection air gaps and
vacuum breakers. .
American Gas Association Standards .
Certifications: All motorized and electrically operated equipment shall be approved
by the Board of Fire Underwriters. If required to do so, this Contractor shall submit suitable
documents to A/E for submission and review to Agencies having jurisdiction.
Other Standards: Comply with NFPA No. 96 including Appendix A, for exhaust system;
ASME Boiler Code and ASME inspection stamp and National Board Registration: National
ti
Electric Code; Vol.S, as related.
Supplier of this Equipment shall be established in this type of work in Southeast Florida for a
minimum of five years.
•
•
11401/02
Equipment, material and work shall conform to all state and federal laws, municipal
ordinances and regulations, etc. having jurisdiction, including HRS, NFBU, State Accident
Commissions Safety Orders, and City of Boynton Beach Building Department.
1.04 SANITATION
Unless otherwise shown or specified, fabricate equipment abutting wall and .:olumns and
position with a clearance of 3 inches minimum between finished walls and equipment, with
the exception of cabinets which shall be closely fastened to the walls with resulting crevices
sealed with suitable mental bands or moldings, and cooking equipment, which shall have
clearances according to code.
1.05 SUBMITTALS
Shop Drawings: Submit shop drawings in quadruplicate, showing layouts, elevations, sections
and details of custom fabricated work, metal gauge, connections.
•
PART 2 - EQUIPMENT
1. Range Re -use and re- install existing range. Convert to natural gas.
2. Oven Re -use and re- install existing convection oven. Convert to nat. gas.
3. Hood To cover open flame equipment, extending over sides and front a minimum of
6 ". Comply with NFPA Std. 96. Hood and exposed exhaust ductwork shall be
'constructed from stainless steel sheets with liquid -tight continuous external welds
for all seams and joints. Seams shall be ground smooth. Electrical conduit shall be
run concealed in area beyond the filters. Light fixtures shall be explosion -roof.
Ductwork shall be constructed of 60 ga. metal or heavier.
Install filters at an angle not less than 45 degrees, quantity as recommended by the
manufacturer.
Hood shall have a removable grease tray installed just under the filters. Tray shall
be removable in sections, for ease of cleaning.
Provide residue trap with cleanout at base of riser.
Shop drawings muse be complete, detailed, and accurately described for submission
to the Bldg. Official and other authorities having jurisdiction, in full compliance
with ail codes. Shop drawings shall be accurate and of quality to be approved on
first submission.
4. Dishwasher Hobart C -44 27 "x44" electric
S. Soiled dish table: st.steel, custom built, 14 ga, work surfaces formed and welded with
seamless construction, using welding rods matching sheet metal, grinding and
polishing to a satin finish. Reinforce work surfaces 30" o.c. both ways with galv.or
stainless concealed structural members. Reinforce edges. Major area shall be 96 "x
24 ", with continuous 6" integral backsplash, welded closed, and diagonal back splash
and return to dishwasher.
•
11401/03
Sound deaden underside of work surfaces,holding coating back 3" from sanitary
edges whih are open for cleaning. Structural framing shall be I" pipe size, with
mitered and welded joints and gusset plates, ground smooth. Conform to NSP
standards.
Provide enclosure of service lines, operating components, mechanical and electrical
devices.
Provide opening for waste disposal and pre -rinse unit, and install same.
6. Pre -rinse and garbage disposal: Waste King Universal HDG -1 or HDG -3, with 99 spray
rinse, syphon breaker, vol -temp assembly, globe valve, all tubing and piping; 12"
bowl and accessories, group APS.
7. Clean dish table: custom built, stainless steel, 16 ga, -work surfaces formed and welded
with seamless construction, using welding rods matching sheet metal, grinding and
polishing to a satin finish. Reinforce work surfaces 30" o.c. both ways with
galvanized or st. concealed structural members. Reinforce edges. Major area shall
The 96 "x 24 ", with continuous 6" integral backsplash, welded closed, and diagonal
back splash and return to dishwasher.
Provide continuous undersheif to be fastened to suport members.
Sound deaden underside of work surfaces,holding coating back 3" from sanitary
edges which are open for cleaning. Structural framing shall be 1" pipe size, with
mitered and welded joints and gusset plates, ground smooth. Conform to NSP
standards.
' Provide enclosure of service lines, operating components, mechanical and electrical
devices.
8. Shelves above clean dish table: stainless steel, 18 gauge, same construction as for tables.
Design shelves and install to support 40 lbs. per sq. ft. loading plus 100% impact loading.
9. 3 compartment sink & drainboards: not specified in this section; included in Division 15.
10. Walk -in cooler- freezer: built to dimensions shown on the drawings. Insulation for - copier_.
shall be rigid expanded polystyrene, ensite 1 -1 1/2 lbs. /sq.ft. with K factor of .22
at 40 degrees and vapor transmission rate of less than 1.7 perms. Panels shall be of
thickness to meet these requirements, with a minimum thickness of 4 ".
Freezer sections shall be rigid urethane, density 1.8 lbs. /sq.ft. with a K factor of
.15 at 40 degrees and a vapor transmission rate of less than .2 perms. Panels shall
be of thicknss to meet the above requirements, but in no cases Less than 4" thick.
Facings shall be aluminum mil) finish, 24 gauge, stucco embossed for exterior, with
an interior (cooler/freezer sides) of stainless steel, 24 gaue, type 304, no.3 finish,
paper protected.
Floors shall be quarry tile finish and shall be flush with kitchen floor. ( I
Connectors shall be plastic encased, eccentric, panel connecting speed locks shall
be able to stand 1,400 lb. tension load and shall draw panels toether with sufficient
1 pressure to establsh an airtight seal.
•
11401/04
Door frame shall contain a flush- mounted switch and pilot light on the outside of
- the frame and vaporproof lights on the interior of the frames. Freezer frame shall
have a thermo -disc control, UL approved heater wire around the perimeter of the
door frame to prevent door from freezing shut.
Provide a temperature alarm system.
Doors shall have gaskets of replaceable closed cell rubber not less :hen 1 1/2" wide .
door shall be same thickness as walls. Door hardware shall be chrome plated.
Cooler /freezer shall be a nominal 8 feet high.
11. Reach -ln Freezer: Re-use existing unit.
12. Milk cabinet: furnished by others.
14. Pidc up table: same construction as clean and soiled dish tables, except no backsp(ash,
84" x 3d" x 30" h.
15. Hand lavatory: see plumbing, division 15.
•
1 16. Fire Suppression System: Ansul R -102 Restaurant Fire suppressant System, with Ansule)
Liquid Fire suppressant agent, (potassium carbonate, potassium acetate-base(
formula designed for lame knockdown and securement of grease - related fires)
Provide stainless steel storage tank, three gal. capacity to meet required pressure
testi. Tank shall Include an adaptor /tube assembly. Provide a welded steel bracke
for mounting. proide discharge nozzles, regulated release mechanism, and a fusible
•
link detection system, remote manual pull station, mechanical gas line shut -of
valve, electric gasline shut off valve, electric snap- action switch, and pressur,
switch, pneumatically operated to shut of electrical power to appliances.
17. 2 compartment sink 84 drainboards: not specified in this section; included In Division 15.
18. Refrigerator: re-use existing refrigerator.
19. Kettle: Groen AH /1, 20 gal. capacity, self contained steam source, for LPG, 2/3
20. Mixer: Hobart H -600, floor mounted.
21.84 22. prep tables, stainless steel.
23. Misc. shelving for dry storage and cooler /freezer: heavy - duty with shelves press - forme
from a single sheet of 16 gauge stainless steel in cooler /freezer, aluminum in dl
storage. shelving shall be slotted, with slots 1 3/4" o.c., drawn down along enti
perimeter at 45 degrees from surface. Each shelf corner shall be fitted with
bracket to accommodate the post. Shelf shall be formed down and flanges up in
the bracket to completely encase and conceal the bracket within the shelf. 1
'► crevice, joint a opening shall exit between bracket and shelf top surface a
flanges. A set screw shall be provided in the bracket to lock the shelf at t
desired height on the post.
Uprights: 1 5/16" o.d. 16 gauge stainless steel tuing. Provide top cap and flange 1
each post. Height of assembly shall be nominally 57 -3 ". Assembly shall be stational
•
11401/05
• 24 Work table no backsplash
25 Work table
•
26 Dishwasher exhaust hood
PART 3 - EXECUTION
3.01 INSPECTION AND PREPARATION
Rough -ln Workt installed shall examine the rough -in mechanical and electrical services b
others, and floors, walls, and ceilings by others; and conditions under which the work is to b
done. Verify dimensions of the services and substrates before fabricating. Notify contracto
in writing of unsatisfactory locations and dimensions of other work, and of unsatisfactor
conditions for the proper installation of food service equipment. Do not proceed with th
fabrication and installation until' unsatisfactory dimensions and conditions have bee
corrected In a manner acceptable to the Installer.
Installer of walk -in refrigerated storage units must examine the surfaces of the substrate t
receive the work, and the conditions under which the work is to be performed. Notify th
Contractor in writing of unsatisfactory conditions. Do not proceed with the work unt
unsatisfactory conditions have been corrected in a manner acceptable to the Installer. Verif
that depressed slab is satisfactory.
1
3.02 INSTALLATION
General Comply with manufacturer's instructions.
Seal joints and openings, including penetrations for piping or electrical .wiring, in the outsic
and inside faces of walk -in refrigerated storage construction. At line of support on othe
floor construction (outside and inside) seal with a formed cove of sealant or other coved tri
member, to comply with NSF standards.
Install closure panels and strips where indicated and where installed unit of work results in
residual space which is not of sufficient size to be cleaned or maintained in accordance wii
NSF standards. Seal joints and provide formed cove of sealant or other coved trim member,
comply with NSF standards.
Evaporator Installation: Comply with NSF standards for the positioning of evaporator units
walk -in refrigerated storage units (access for cleaning).
Adj and clean: Do not use any abrasives. Take care not to displace existing wiring
piping•
•
END OF SECTION
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