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
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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