R23-026 1 RESOLUTION NO. R23-026
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LEASE
4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
5 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
6 CORPORATION FOR PROPERTY LOCATED AT 2191 N. SEACREST
7 BOULEVARD;AND PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, the City of Boynton Beach is the owner of land and improvements
9 commonly known as 2191 N. Seacrest Blvd., Boynton Beach, Florida ("Leased Premises"); and
10 WHEREAS, the City desires to lease the Leased Premises to the Boynton Beach Faith
11 Based Community Development Corporation who desires to lease the Leased Premises from
12 the City for the term, at the rental and upon the covenants, conditions and provisions set forth
13 in the Lease Agreement; and
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
15 recommendation of staff, deems it to be in the best interests of the City residents to approve
16 and authorize the Mayor to sign the Lease Agreement between the City of Boynton Beach and
17 the Boynton Beach Faith Based Community Development Corporation for property located at
18 2191 N. Seacrest Blvd.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and
22 incorporated herein by this reference.
23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
24 approve and authorize the Mayor to sign the Lease Agreement between the City of Boynton
S:\CA\RESO\Agreements\Lease Agreement With Boynton Beach Faith Based CDC-Reso.Docx
25 Beach and the Boynton Beach Faith Based Community Development Corporation for property
26 located at 2191 N. Seacrest Blvd. A copy of the Lease Agreement is attached hereto as Exhibit
27 "A".
28 Section 3. That this Resolution shall become effective immediately upon passage.
29 PASSED AND ADOPTED this 3rd day of January, 2023.
30 CITY OF BOYNTON BEACH, FLORIDA
31 YES NO
32 /
33 Mayor—Ty Penserga
34
35 Vice Mayor—Angela Cruz
36
37 Commissioner—Woodrow L. Hay r/
38
39 Commissioner—Thomas Turkin
40
41 Commissioner—Aimee Kelley
42
43 VOTE 5�
44
45 ATT T:
47 u& .j (óiI
48 Maylee De sus, MPA, MMC Ty Pe rg.
49 City Cl-rk411P May•
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51 w ON B C;�. ' APP S •F� '
52 (Corporate Seal) .•••••••:y �
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53 i O:V �0 of
54 m s� &':'�6% ? 1$ Michael D. Cirullo,Jr.
55 �i O ; �``��c r1� ;Q% City Attorney
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S:\CA\RESO1Agreements\Lease Agreement With Boynton Beach Faith Based CDC-Reso.Docx
LEASE AGREEMENT
-141
This Lease Agreement ("Lease Agreement") is made and effective this 9 day of
rflarch , 2023, by and between CITY OF BOYNTON BEACH, 100 East Ocean Avenue,
Boynton Beach, Florida 33435 ("Landlord") and BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORPORATION, a Florida Non-Profit Corporation
("Tenant").
WITNESSETH:
WHEREAS, Landlord is the owner of land and improvements commonly known as 2191
N. Seacrest Blvd., Boynton Beach, Florida, as further described in Exhibit A attached hereto and
incorporated herein ("Leased Premises"); and
WHEREAS, Landlord desires to lease the Leased Premises to Tenant and Tenant desires
to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants,
conditions and provisions herein set forth.
NOW THEREFORE, in consideration of the mutual promises herein, contained and
other good and valuable consideration, it is agreed:
1. Term.
The term of the Lease shall be effective upon execution of this Lease by both Parties and shall
continue for a period of one (1) year from the effective date ("Term"). This Lease may be
extended for additional one (1) year terms, upon mutual agreement of both Parties. Either party
may terminate this Lease Agreement upon thirty (30) days prior written notice to the other party.
2. Rental.
Tenant shall pay to Landlord during the Term, or any extensions thereof, the rental fee of$1.00
per month. The payment of $1.00 shall be due in advance on or before the first day of each
month during the lease term. Payment to be made to Landlord at Boynton Beach City Hall,
Finance Department, 100 East Ocean Avenue, Boynton Beach, FL 33435.
3. Use
Tenant shall use the Lease Premises for offices and administration uses in furtherance of
community development ("Use") between the hours of 7:00 am and 10:00pm. Seven days a
week. There shall be no hours of operation outside the permitted hours of operation provided
herein.
4. Sublease and Assignment.
This Lease is not assignable and Tenant may not sublease the Leased Premises
{00545668.1 306-9001821 1
5. Repairs.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the
Leased Premises.
6. Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel,
redecorate, and make additions, improvements and replacements of and to all or any part of the
Leased Premises from time to time as Tenant may deem desirable, provided the same are made
in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to
place and install personal property, specialty lighting, trade fixtures, equipment and other
temporary installations in and upon the Leased Premises, and fasten the same to the premises.
7. Property Taxes.
A. Although the parties anticipate that the property will not be subject to real property taxes,
in the event real property taxes are assessed,Tenant shall pay to Landlord the real property taxes,
if any,based on the amount assessed on the property attributable to the Tenant's use.
B. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's
personal property at the Leased Premises,if applicable.
8. Insurance.
Tenant shall maintain, at its sole expense, in full force and effect at all times during the life of
this Lease or the performance of work hereunder, insurance limits, coverages or endorsements
required herein. Tenant hereby agrees the requirements contained herein, as well as Landlord's
review or acceptance of insurance, is not intended to and shall not in any manner limit nor
qualify Tenant's liabilities and obligations under this Lease Agreement.
A. Tenant shall maintain: Commercial General Liability with limits of liability not less
than $1,000,000 Each Occurrence including coverage for, but not limited to,
Premises/Operations, Products/Completed Operations, Contractual Liability,
Personal/Advertising Injury and Cross Liability; Fire Legal liability with a limit not
less than $100,000; and Medical Payments (when available) with a limit not less than
$5,000. Tenant shall ensure such coverage is provided on a primary basis.
B. Tenant shall maintain Business Automobile Liability with limits of liability not less
than$500,000 Each Occurrence for owned, non-owned, and hired automobiles. In the
event Tenant has no owned automobiles, this requirement shall be to maintain only
Hired &Non-Owned Auto Liability. This amended coverage may be satisfied by way
of endorsement to the Commercial General Liability, or separate Business Auto
Liability. Tenant shall ensure such coverage is provided on a primary basis.
C. Tenant shall maintain Workers' Compensation & Employers Liability in accordance
with Chapter 440 Florida Statutes and applicable Federal Acts. Tenant shall ensure
such coverage is provided on a primary basis.
(00545668.1 306-9001821
D. Tenant shall at all times during the Term hereof, and at its sole cost and expense,
maintain in full force and effect policies of insurance covering all Alterations to the
Premises made by or on behalf of Tenant as well as Tenant's fixtures, inventory and
equipment located on the Premises, in an amount not less than one hundred percent
(100%) of its full replacement cost, providing protection with "All-Perils" coverage
as provided by, the "Special-Cause of Loss Form" together with, but not limited to,
insurance against wind and hail, sprinkler leakage damage, vandalism, theft and
malicious mischief. The proceeds of such insurance, so long as this Lease remains in
effect, shall be used to repair or replace the Premises, Alterations, fixtures, inventory
and equipment so insured. All property, including without limitation, stock,
inventory, fixtures and equipment belonging to Tenant or any occupant of the
Premises• shall be there at the risk of Tenant or such other person only, and Landlord
shall not be liable for damage thereto or theft or misappropriation thereof.
Additionally, the Tenant shall maintain Business Interruption with Extra Expense
insurance providing coverage for loss of net income and all continuing expenses at a
minimum limit appropriate to cover the maximum period of restoration or
interruption of the Tenant. Tenant shall deliver to the Landlord certificates of such
fire insurance policies which shall contain a clause requiring the insurer to give the
Landlord thirty(30) days prior notice of cancellation of such policies.
E. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article
which may be prohibited by any condition,provision, limitation, or Special - Cause of
Loss Form of the Fire and Allied Lines insurance policy. Tenant shall pay any
increase in premiums for Fire and Allied Lines coverage insurance that may be
charged during the Term of this Lease on the amount of such insurance which may be
carried by Landlord on the Premises or the Premises resulting from the type of
merchandise sold or rented by Tenant in the Premises or resulting from Tenant's use
of the Premises, whether or not Landlord has consented to the same. Tenant shall
promptly make, at Tenant's cost and expense, all repairs, alterations, changes and/or
improvements to Tenant's fixtures and equipment in the Premises required by the
company issuing Landlord's fire and allied lines insurance so as to avoid the
cancellation of, or the increase in premiums on said insurance.
F. Tenant shall cause each liability insurance policy required to be maintained by Tenant
to be endorsed to add the Landlord as an Additional Insured on, except for Workers'
Compensation and Business Auto Liability. The CG 2011 Additional Insured -
Managers or Lessors of Premises or CG 2026 Additional Insured - Designated Person
or Organization endorsements, or their equivalent, shall be used to endorse the
Commercial General Liability policy. The standard Additional Insured endorsement
offered by the insurer shall be used to endorse the other policies, when required.
Tenant shall ensure the Additional Insured endorsements provide coverage on a
primary basis. The Additional Insured endorsement shall read "City of Boynton
Beach, a municipal corporation organized and operating pursuant to the laws of the
State of Florida, its Officers Employees and Agents", 100 E Ocean Avenue Boynton
Beach, FL 33425.
G. Tenant shall provide the Landlord with a certificate of insurance evidencing limits,
coverages and endorsements required herein. The certificate of insurance shall
include a minimum thirty (30) day endeavor to notify due to cancellation or non-
00545668 I
on-)00545668.1 306-9001821)
renewal of coverage. In the event coverage is cancelled or not renewed during the life
of this Lease, Tenant shall furnish thirty (30) days prior to, but in no case later than
the expiration of such insurance, a new certificate of insurance evidencing
replacement coverage. Should Tenant fail to maintain the insurance required herein,
the Landlord shall have the right, but not the obligation, to purchase or maintain said
insurance, and Tenant shall promptly pay as Additional Rent, upon demand from
Landlord, all premiums and expenses incurred by Landlord.
H. Tenant hereby agrees to a Waiver of Subrogation for each required policy. When
required by the insurer or should a policy condition not allow a pre-loss Lease to
waive subrogation without an endorsement, Tenant shall notify its insurer and request
the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against
Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to
any policy, which includes a condition prohibiting such an endorsement, or voiding
coverage should Tenant enter into such a Lease on a pre-loss basis.
I. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article
which may be prohibited by any condition, provision or limitation of the property,
flood, or wind insurance policies. Tenant shall be responsible for all premiums,
including increases, for all insurance policies required by this Lease. All property,
flood or windstorm insurance proceeds as a result of a loss shall be made available for
use to promptly replace, repair or rebuild the buildings, betterments and
improvements, including those made by or on behalf of Tenant, in order to ensure• a
replacement cost settlement and avoid policy cancellation.
J. Tenant shall be fully and solely responsible for any deductible, coinsurance penalty,
or self-insured retention; including any losses, damages, or expenses not covered due
to an exhaustion of limits or failure to comply with the policy terms.
K. The Landlord's Risk Management shall have the right, but not the obligation, to
review, adjust, reject or accept insurance policies, limits, coverages, or endorsements
throughout the life of this Lease. The Landlord reserves the right, but not the
obligation, to review and reject any insurer providing coverage because of poor
financial condition or by way of illegal operation. The City shall provide Tenant
written notice of such action and Tenant shall agree to cure or comply with such
action within thirty(30 days receipt thereof.
) Y
L. The limits, coverages or endorsements identified herein primarily transfer risk and
minimize liability for the Landlord, and Tenant agrees not to rely upon such
requirements when assessing risk or determining appropriate types or limits of
coverage to protect Tenant against any loss exposures, whether as a result of this
Lease or otherwise.
M. Excluding Landlord or its affiliates, when Tenant permits or schedules the use of the
Premises for a special event or outside persons/groups, Tenant shall require the
special event or outside person/group to maintain Commercial General Liability, as
described this Section with limits of liability not less than $1,000,000. Tenant shall
ensure that Landlord and Tenant are named as Additional Insured under such policy,
as described herein. Tenant shall obtain and, when requested by the Landlord, furnish
copies of certificates of insurance evidencing such coverage for the special event or
outside person/group.
{00545668.1 306-9001821)
9. Utilities.
Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and
utilities used by Tenant on the Leased Premises during the term of this Lease. Tenant shall pay
such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises
are designed to provide standard office use electrical facilities and standard office lighting.
Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which
may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to
other tenants.
10. Sims.
Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any
signs which are permitted by applicable zoning ordinances and private restrictions. Landlord
may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too
large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased
Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining
any necessary permission from governmental authorities or adjoining owners and occupants for
Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased
Premises resulting from the removal of signs installed by Tenant.
11.Entry.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect
the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on
the Leased Premises.
12. Parking.
During the term of this Lease, Tenant shall have the use of the automobile parking area,
driveways, and footways, subject to rules and regulations for the use thereof as prescribed from
time to time by Landlord.
13. Damage and Destruction.
If the Leased Premises or any part thereof or any appurtenance thereto is so damaged byfire,
pP g
casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease shall
be deemed terminated as of the date of such damage.
14. Default.
If default shall at any time be made by Tenant in the payment of rent when due to Landlord as
herein provided, and if said default shall continue for fifteen (15) days after written notice
thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the
other covenants or conditions to be kept, observed and performed by Tenant, and such default
shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without
100545668.1 306-9001821 1
correction thereof then having been commenced and thereafter diligently prosecuted, Landlord
may declare the term of this Lease ended and terminated by giving Tenant written notice of such
intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said
premises. Landlord shall have, in addition to the remedy above provided, any other right or
remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord
shall use reasonable efforts to mitigate its damages.
15. Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder,
Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and
uninterrupted possession of the Leased Premises during the term of this Lease.
16. Condemnation.
If any legally, constituted authority condemns the Building or such part thereof which shall make
the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes
possession, and Landlord and Tenant shall account for rental as of that date. Such termination
shall be without prejudice to the rights of either party to recover compensation from the
condemning authority for any loss or damage caused by the condemnation. Neither party shall
have any rights in or to any award made to the other by the condemning authority. Any award for
the taking of all or any part of the Leased Premises under the power of eminent domain or any
payment made under threat of the exercise of such power shall be the property of Landlord,
whether such award shall be made as compensation for diminution in value of the leasehold, for
the taking of the fee, or as severance damages. Specifically, Tenant waives any right to
apportionment or claim for the unexpired portion of the Lease Agreement, however,
notwithstanding the foregoing, the Tenant may seek moving or relocation payments from any
legally, constituted authority which condemns, any portion or all of the Leased Premises. No such
Tenant claim shall diminish or adversely affect Landlord's award.
17. Notice.
Any notice required or permitted under this Lease shall be deemed sufficiently given or served if
sent by United States certified mail,return receipt requested, addressed as follows:
Landlord to:
City of Boynton Beach
Attn: City Manager
100 East Ocean Avenue
Boynton Beach, FL 33435
Tenant to:
Boynton Beach Faith Based Community Development Corporation
2191 N. Seacrest Blvd.
Boynton Beach,FL 33435
)00545668.1 306-9001821)
Landlord and Tenant shall each have the right from time to time to change the place notice is to
be given under this paragraph by written notice thereof to the other party.
18. Brokers.
Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and
that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for
real estate commission,brokerage fee, finder's fee or other similar charge, in connection with this
Lease.
19. Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to
take any action on account of such default if such default persists or is repeated, and no express
waiver shall affect any default other than the default specified in the express waiver and that only
for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall
not be construed as a waiver of a subsequent breach of the same covenant,term or condition.
20. Indemnification.
Tenant shall indemnify, defend and save harmless the Landlord from and against any and all
claims, suits, actions, damages and/or causes of action arising during the Term of this Lease
Agreement for any personal injury, loss of life, and/or damage to property sustained in or about
the Premises by reason, during, or as a result of the use and occupancy of the Leased Premises by
the Tenant, its agents, employees, licensees, invitees, any subtenant and the general public, and
from and against any orders,judgments, and/or decrees which may be entered thereon, and from
and against all costs, reasonable attorney's fees, expenses and liabilities incurred in and about the
defense of any such claim at trial or on appeal. In the event Landlord shall be made a party to
any litigation commenced against Tenant or by Tenant against any third party, then Tenant shall
protect and hold Landlord harmless and pay all costs and reasonable attorney's fees incurred by
Landlord in connection with such litigation, and any appeals thereof. Tenant recognizes the
broad nature of this indemnification provision and specifically acknowledges that Landlord
would not have entered into this Lease Agreement without Tenant's agreement to indemnify
Landlord and further acknowledges the receipt of good and valuable separate consideration
provided by Landlord in support hereof in accordance with the laws of the State of Florida. This
provision shall survive expiration or termination of this Lease Agreement.
21. Headings.
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
22. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their
respective legal representatives and successors.
{00545668.1 306-9001821)
23. Compliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now or
hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws,
orders, ordinances and other public requirements now or hereafter affecting the Leased Premises.
24. Tenant's Covenants.
Tenant covenants that it is a not profit corporation and that it will maintain that status during the
term of this lease. On written request from the landlord, Tenant will promptly provide proof of
and execute affidavits attesting to that status.
25. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject
matter hereof. This Agreement may be modified only by a further writing that is duly executed
by both parties.
26. Governing Law and Venue.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of
the State of Florida. In the event of court action to enforce this lease, venue will be in Palm
Beach County,Florida.
27. Liens.
Tenant agrees that it will make a prompt payment when due, of all costs and expenses incurred in
carrying out its agreement herein and of all costs and expenses of any repairs, constructions or
installations which are the responsibility of Tenant hereunder. Tenant further agrees to
indemnify, defend and save Landlord harmless from and against any/all liabilities incurred by
Tenant including any mechanics, materialmen's, or laborers' liens asserted or claimed against the
Leased Premises or any part thereof on account of work, labor or materials used in the Leased
Premises or in any improvement or change thereof made at the request of, or upon the order of,
or to discharge the obligation of Tenant. Should any mechanic's or other lien be filed against the
Leased Premises or any part thereof for any reason whatsoever, Tenant shall cause the same to
be cancelled and discharged of record by bond or otherwise within thirty (30) days after the date
of such filing. In no event shall anything contained in this paragraph or elsewhere in the Lease be
deemed to subject Landlord's interest in the Leased Premises to the lien of any person doing
work or furnishing materials at the instance and request of Tenant.
(00545668.1 306-9001821)
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first above written.
ATTEST: CITY OF BOYNTON BEACH, a municipal
corporation of the Stat. Florida
11��/ ` ► BY: _�argAlligillW
May ►�a Jesus, y Clerk Ty"-:'— a' yor
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Office of the City Attorn- ►►► ..•;N '\� •: Q,.'
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STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 9 day of�a ,
2023,by Ty Penserga, as Mayor of the City of Boynton Beach, for the City of Boynton Beach,
who ( are personally known to me or( ) have produced Florida driver's licenses as
identification. /
1,
My Commission expires: ►. /L: II el iA' - MCr2.
Notary Public, : ate of lorida
rocrgrPLte`c TAMMY L STANZIONE Tammy L. Stanzione
•
commission#GG 306158
*)� Expires March 25,2023 Printed Name of NotaryPublic
4b0►`0P Scaled Tlru Budget Notary Services
;00545668.1 306-9001821{
BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT
CORPO: IN, a Florida not-for-profit
corpo • 'on
By:
Print Name: e ra 's' '
Title: . :Aer,,�CC e Qree i'
(CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF AIM M 6 tac10
4.4
The foregoing instrument was acknowledged before me this l 3 day of D e„GentOc,g-
2022,by KRA-tAraikaft2kis kx Cuiive d 1recIor of Boynton Beach Faith Based
Community Development Corporation, a Florida not-for-profit corporation,who(kris personally
known to me or(1)has produced a Florida driver's license identification/
//
My commission Expires: �c
No Public, Stat- .f Florida /aikhy
Printed Name of Notary Public
GLOM GOOLSBY
Notary' Public-State of Florida
_
11%3•1 Commission!i HH 3528
= MyCommission Expires
N a.r``� May 25,2024
j00545668.1 306-9001821
EXHIBIT A
LEASED PREMISES
{00545668.1 306-90018211