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R93-123 RESOLUTION NO. R93-//~F A RESOLUTION OF THE CITY COMMISSION OF THE CIT~ OF~BOYNTON BEACH, FLORIDA, APPROVING THE REQuE~ FOR RENEWAL OF THE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE EXCHANGE CLUB/DICK WEBBER CENTER FOR THE PREVENTION OF CHILD ABUSE FOR THE GOLD COAST, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. R92-153, dated September 2, 1992, the City Co~mission of the City of Boynton Beach entered into a Lease Agreement with the Exchange Club/Dick Webber Center for the Prevention of C~ild Abuse for the Gold Coast, Inc., hereinafter referred to ~s CAP, for a period of one (1) year, which contained a renewal option for an additional one (1) year period; and WHEREAS, the Exchange Club/Dick Webber C Prevention of Child Abuse for the Gold Coast, ] desiro~s of exercising its renewal option and h, for mn additional one 2, 1993 according to the 1 in No. 2 Agreement; and deems by CAP; the City Commission of the City of in the best interests of the of the ~ity to approve the renewal re~ NOW~ THEREFORE, BE IT RESOLVED BY THE CIT] THE C!~TY OF BOYNTON BEACH, FLORIDA, THAT: ~nter for the nc., (CAP) is is submitted a year period .erms provided Boynton Beach citizens and Lest submitted COMMISSION OF Section 1. The City Co~mission of the C~ty of Boynton , ~i6ri~ a hereby approves and accepts the renewal of the : ~g~e~ nt for an additional one year perlqd, commencing mb~ri~, 1993 between~ the City of BoyntonBeach and the Exchange ~lub/Dick Webber Center for the Prevention of Child Abuse for the Gold Coast, Inc. Section 2. That this Resolution effective:immediately upon passage. PASSED AND ADOPTED this ATTEST: Ci~.- Clerk shall become day of August, 1993. B0 N N EACH, LO IDA V~ a o~ ~ ~ o ssi ~ (Corporate Seal) Authsig.doc CAP.Agr 8/9/93 LEASE AGREEMENT THIS LEASE AGREEMENT, date _~z~-~ =~T. , 1992;' by and betwe ~OYNTON B~ACH, FLORIDA, or its assigns (hel Landlord ), and ExcHANGE CLUB/DICK WEBBER PREVENTION OF .CHILD ABUSE FOR THE GOLD COA for-profit, {ax exempt organizatf0h, (hez "Tenant" ): W I T N E, S S E T H.. In consideration of the obligation and in Cdnsi land adequacy of which are~ hereby agree as fol~lows: 1. Premises~ and Term. Landlord Tenant, and~Tenant hereby takes from'L~ndlol particularly identified in Exhibit -A' "Premises"), for a term of one (1) called the "Term").commencing October as of ~ THE CITY OF ~lnafter called CENTER FOR THE ST, INC.,a not- ~inafter called Tenant to pay ~eration of the the receipt the parties ~reby leases to ., premises more :h~d hereto and t Boynton Beach ach, Palm Beach called the Ir (hereinafter and expiring or renewed the expira~i~o~.of of (1) year term for Dr an thereof, one Landl~ Shall in writin to either renew lease for ~ year term,~ leasei~ of its decision additional one Tenant's Renewal. days written notice to Tenan~ and as provid 13 herein. Under no circumstances sh~tl La required to~spec~if¥ grounds.for non-renewal of thais LeaSe. This Lease shall constitute a bindi agreement as of this date, S~bject to the and provi~sions hereof. 4. Rent. A. Tenant shall pay to Landlord ONE AND NO/100 ($1.00) DOLLAR per year ("Ba the Term, plus applicable State of Florida B. Ail payments of rent shall to Landlord without notice or demand ther~ day of October of each year. Landlord may m ninety (90) ~ for in Section dlord be or termination contract and .rms, conditions at the rate of ~e Rent") during sales tax. ~e promptly made of on the first 5. Use. Tenant may use the PFemises for the operation of a child abuse center with the primary activities being case management, advocacy, referrals, Page 1 of 5 .parenting classes, voluntary supervision, out-reach programS and such other uses as are incidental to the operation thereof. Teleho~- Tenant shall pay all charges 6. - ~~· and hook-up at the · for water and Premises, attached hereto and made a of the 8. iity of as all bull as¸ make' the with the not Bi. Premises or ( 12 event of may in the to be .ses 'and of the right to to connection prior part of fire or written part of the ire or other that rebuilding hundred twenty Tenant, by this Lease ins occurrence shall be unless in which'¢ Landlord Tenant's equ other pert , t property. shall h01d Tenant responsible payable under reason of the Tenant the Premises, ant hereto, hall be paid to Of the loss of utes, signs and for behalf. damage by~ owned by · D. If caused by Tenant, all damage from.fire acting on their their empioyeeS, will not be responsible for other ~casua~ty to equipment or property 11. Liability and Indemnification. A. ord. Neither se~=ant, or employee of Landlord nor any Page 2 of 5 Landlord, shall be liable to'~.T~nant for any loss, injury, or 'damage, to Tenant or to any Other person, or to its or their property, irrespective of the cause of such injury, damage or loss. . B. Indemnification by Tenant. Tenant shall indemnify and hold Landlord harmless from and against any and ail ~laim$ from or in connection with: (a) any work or thing whatsoever done, or any condition cre~ted (o~her 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 zen given access to the act~ omission o:: negligence of Tenant or'any of its ~ partners, directors, contractors; (c) any (unless caused by Landlord's upon the Premises; and prompt payment Unde~ 'this Lease; or without limitation, expenses. In case or liceasees office~s, agents, in or all reas any action n~of or pro( proceeding (by rea~ Of the Premises LandlOrd, whfch withhold. Tena the withouti+the prior wri~ consent LandLord shall 13. Default. A. The following events shall Default" under this Lease Agreement: (1) Tenant shall fail to pal of rent become due and sha] default within five (5) da] notice thereof is given Tenant; ~r its or their or ng in, at or nt in the full ~'s obligations expenses and such and be brought Tenant, upon or ). · t~ shall not ~ie or any part ~en consent of ot unreasonably be "Events of any installment not cure such s after written )y Landlord to (2) Tenant shall fail to term, provision or covenan~ Agreement, other than the and shall not commence to cux pursue curing-such failure w~ days after written, notice th~ Landlord to Tenant [provid~ :omply with any of this Lease ayment of rent, and diligently :hin thirty (30) ~eof is given by that if such default cannot reasonably ~e 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 o~ creditors; (4) Tenant shall file a petitionj under any section or chapter of the National Bankruptcy Act, as amended, or under any similar law o~ statute of the United Stat~s or any 'state thereof, or Tenant shall be ~djudged bankrupt or insolvent in proceedings filed against Tenant thereunder; or Page 3 of 5 (5) A receiver or trustee shall be appointed for all or substantially all of the assets of Tenant. (6) Tenant assigns or sublets the Premises consent, except as u~ent of the during the or Second Renewal a( notice Te and its ~nter upon ~aintanance '~nspections interfere for herein. ination it is it alone set out that ations enjoy the provided 16. Holdinq 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 Term Or any Renewal Term hereof, unle~s~ot~9~ise a~re~ }~ writ such hold-over shall constitute and be cons=rueu e~ a in accordance with Chapter 83 of' tutes, but otherwise upon the same terms and conditions. 17. Netices and Payments. Any notice, document or payment required or permitted to be delivered or remitted hereunder ~r by law shall be deemed to be delivered or remitted, ac~ually received or not, when deposited in the at sUCh herewith:~ prepaid, certified or , addressed to the to at the respective addresses set out beloW, or address as they shall have theretofore written notice delivered in accordance 18. of the LANDLORD:Attention City Manager 100 E. Boynton Beach Blvd. BOynton Beach, FL 33425 TENANT: Security. Premises. Exchange Club/Dick Webber Center for the Prevention of Child AbuSe For the Goad Coast, Inc. 100 East Boynton Beach Blvd. ~est Wing, Second Floor Boynton Beach, FL 33425 Tenant shall be responsible for security 'Tenant shall abide by all applicable Page 4 of 5 landlord building hereinafter created. security measures now existing or 19. Miscellaneous A. In the event this Lease Agreement is terminated pursuant to a right to do so h~rei~ contained, neither party hereto shall thereafter hate 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 Lea~ for convenience only and shall not be de~ modify or limit the provisions hereof. ;e Agreement are ned to amplify, C. Words of any gender used in this Lease Agreement shall be construed to include ar other gender, and words in the singular shall include the )lural 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 conta agreement of the parties hereto with respect matter hereof and can be altered, amended by written instrument executed by all such p~ F. This Agreement shall be accordance with the laws of the State of Flo~ .ns the entire to the subject modified only ~rties. construed in :ida. G. If Landlord or Tenant brings ~uit against the other to snforce any term or provision hereunder, the prevailing party shall be entitled to reimbursement from the other party hereto for its court costs and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the day and year first above written. TENANT: ATTEST: LANDLORD: ATTE ST: BY: Boynton Rev. JDM/10/4/90 - 10/8 YT/10/12, 10/25, 10/30 Rev. 8/12/92 Page 5 of 5 213A 21.5 213 214 2144 ! ! ! 211 I 201 ! ! 215 ,' 216 ' 217 { { 218 210 203 206 219 , 2O9 a 208 EXHIBIT "A" COM~A~.~S AFFORDING COVERAGE Cigna Property & CasuaLty ~XC~l&,~ge C[.u~,~)ick ',~ A' Cam /l~c~Lication 0eP02685~0S Cer[f~cace BoLder is Hsed as "AGId~ci~na~ ZmurepN, 0~,/~9/9~ 0~/L~9/9~ gib E~CLU O&,/29/gS 0~/~9/9~, V/H EXCLU ~rO0 (Z50) C LKT~ICATE I~OLD~R City of So,riCOh Beach R~sk Nanagement Dept. 100 E. Boy~t~ Beach BLvd. Boynto~ Beach FL ~.~.25 ACORD 25-S t?R~} CA,NC,ELLA'[ION · ACORD CORPORATION