HomeMy WebLinkAbout2016-031RESOLUTION NO. 2016- 031
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
APPROVING A LEASE AGREEMENT WITH SAFESPACE, INC.,
A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR A ROOM
IN THE INDIAN RIVER COUNTY COURTHOUSE.
WHEREAS, SafeSpace, Inc., a Florida not for profit corporation, requested the Board of
County Commissioners to consider leasing a room on the first floor of the Indian River County
Courthouse located at 2000 16th Avenue, Vero Beach, FL, 32960 ("Property") for use as space to
provide legal assistance to victims of domestic violence, and
WHEREAS, SafeSpace, Inc. will use the Property to facilitate programs for support of
domestic violence victims and related purposes, and
WHEREAS, the Board of County Commissioners finds that such a use of County Property
promotes the County interests and welfare; and
WHEREAS, SafeSpace, Inc is a Florida not -profit corporation, organized exclusively for
providing programs for victims of domestic violence, and has applied for recognition as a charitable
and educational entity for purposes as set forth in section 501(c)(3) of the Internal Revenue Code of
1986, as amended
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. The Board finds that SafeSpace, Inc. has made application as required by Florida Statutes
section 125.38 for a lease of the Property,
2. The property subject to the lease shall be used to facilitate programs for support of domestic
violence victims and related purposes;
3. The Board approves, and authorizes the Chairman to execute a Lease Agreement between
the Board and SafeSpace, Inc , in the form set forth in the attached Exhibit "A" for a term of
three (3) years at a rental rate of $1.00 per year; and
4 The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections
125 38 and 125.01.
The foregoing Resolution was offered by Commissioner Davis and seconded
by Commissioner 7,nrc and, upon being put to a vote, the vote was as follows
Chairman Bob Solari AYR
Vice Chairman Joseph E Flescher AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Wesley S. Davis AYE
Commissioner Tim Zorc AYE
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The Chairman thereupon declared the Resolution duly passed and adopted this 12day of April,
2016.
Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
By
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IA44
ep,wfy Clerk '
Approved as to form and legal
sufficiency-
AIan Reingold
County Attorney
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
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:i• Solari, Chairman
EXHIBIT "A"
LEASE AGREEMENT
THIS LEASE AGREEMENT for a portion of the Indian River County
Courthouse located at 2000 161h Ave, Vero Beach, FL 32960 ("Lease Agreement") is
entered into this day of , 2016 by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("County") and Lessee,
SafeSpace, Inc., a Florida not-for-profit coiporation.
Witnesseth That:
WHEREAS, SafeSpace, Inc. is a not-for-profit company dedicated to providing
assistance to victims of domestic violence in the Treasure Coast; and
WHEREAS, often victims of domestic violence need legal assistance in a safe
place such as a courthouse; and
WHEREAS, the County believes it is important to have such an organization have
a presence in the courthouse to assist victims of domestic violence;
NOW THEREFORE, in consideration of the mutual covenants and promises
herein contained and other good and valuable consideration, and intending to be legally
bound, the County and Lessee agree as follows:
1. RECITALS. The above recitals are true and correct and incorporated herein by
reference.
2. TERM OF LEASE. The initial term of this lease shall be 3 years commencing on
this day of April 2016, and terminating on April , 2019 (the Initial
Term"). This Lease Agreement will be automatically renewed for 3 year periods,
unless terminated.
3. DESCRIPTION OF LEASED PREMISES. The County hereby leases to the
Lessee, a room on the first floor of the Indian River County Courthouse located at
2000 16th Ave, Vero Beach, FL 32960 as depicted in Exhibit "A" ("Leased
Premises").
4. USE. Lessee shall occupy and use the Leased Premises only for its programs for
support of domestic violence victims and related purposes, and for no other
purpose whatsoever without County's prior written consent, which consent shall
not be unreasonably withheld.
5. HOURS. Lessee may have employees working in the Leased Premises between
8:30 am and 4:30 pm Monday through Friday, except for those holidays in which
the Indian River County Courthouse is closed. The Lessee must have employees
working in the Leased Premises a minimum of 20 hours per week.
6. UTILITIES. The County shall provide basic telephone, a single jack and
telephone and outgoing service for local calls only, and data connections to the
Lessee at the Leased Premises. The Lessee shall be responsible for all hardware,
software, equipment, material, labor and installation costs associated with the data
connection.
7. MAINTENANCE AND REPAIRS. County shall maintain in good repair the
roof, structural components and exterior walls of the Indian River County
Courthouse, as well as the HVAC, electrical and plumbing systems. Lessee shall
maintain the Leased Premises in a safe, clean and attractive condition, and shall
make all necessary repairs so that the Leased Premises is maintained during the
term of the Lease Agreement in substantially the same condition as it was given at
the beginning of the lease. Lessee shall surrender the Leased Premises, and all
County furniture in the Leased Premises used by Lessee, at termination or
expiration of the lease, in substantially the same condition as they were at the
beginning of the lease, reasonable wear and tear excepted.
8. IMPROVEMENTS. Lessee shall not make or allow to be made any alterations,
additions or improvements in or to the Leased Premises, without obtaining the
prior written approval of the County, which consent shall not be unreasonably
withheld, delayed or conditioned. Lessee shall deliver to the County a copy of the
construction plans and specifications for all alterations, additions or
improvements which Lessee proposes to make in or to the Leased Premises.
Except as specifically provided herein, Lessee agrees that all approved work shall
be done in a good and workmanlike manner, at Lessee's sole cost and expense,
and that the structural strength and integrity of the Indian River County
Courthouse shall not be impaired in any way. Lessee shall obtain, at Lessee's
expense, all necessary permits and approvals from governmental authorities for
the commencement and completion of any such alterations, additions and
improvements and shall furnish evidence of such approval to the County prior to
the commencement of construction or installation of any such alterations,
additions and improvements. All alterations, additions or improvements shall be
constructed in accordance with all applicable building codes, laws and
regulations. All of Lessee's alterations, additions and improvements shall be
deemed to be a part of the Leased Premises, and Lessee shall be obligated to
maintain and repair the same. All alterations, additions and improvements in or to
the Leased Premises shall, when made, become the property of the County and
shall be surrendered to the County upon the termination of this Lease Agreement,
whether by lapse of time or otherwise. Lessee shall indemnify, hold harmless and
defend the County from and against any and all claims, losses, liabilities, costs,
damages and expenses (including court costs and attorneys fees at or before the
trial level and in any appellate proceedings) arising out of or relating to any
alterations, additions or improvements made by Lessee in or to the Leased
Premises (notwithstanding County's prior written consent thereto). Lessee shall
not place or install safes, vaults or other heavy equipment within the Leased
Premises, without the prior written approval of the County. As used in this
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section, an alteration, addition and improvement shall mean a structural change or
fixture attached to building such that it becomes a part of the building and
specifically excluding furniture, office equipment and personalty.
9. CONSTRUCTION LIENS. Lessee agrees that it will make full and prompt
payment of all sums necessary to pay for the costs of all repairs and permitted
alterations, additions, improvements, changes and other work done by Lessee in or
to the Leased Premises and further agrees to indemnify, save harinless and defend
the County from and against any and all costs and liabilities, including reasonable
attorney's fees incurred by the County and against any and all construction,
materialmen's, laborers' and other statutory or common law liens which may be
asserted, claimed or charged against all or any part of the Leased Premises or the
Indian River County Courthouse arising out of or from such work.
Notwithstanding anything to the contrary set forth in this Lease Agreement, in no
event shall the interest of the County in all or any part of the Leased Premises or
the Indian River County Courthouse be subject to any construction,
materiatman's, laborers' or other statutory or common law lien for improvements
or work made or done by or at the instance of Lessee, whether or not the same
shall be made or done with the consent of the County or by agreement between
Lessee and the County. All persons dealing with or contracting with Lessee or
any contractor of Lessee are hereby put on notice of the foregoing provision. In
the event any notice, claim or lien shall be asserted or recorded against the interest
of the County in the Leased Premises or the Indian River County Courthouse on
the account of or extending from any improvement or work made or done by or at
the instance of Lessee, or any person claiming by, through or under Lessee, or
from any improvement or work the cost of which is the responsibility of Lessee,
then Lessee agrees to have such notice, claim or lien canceled, discharged,
released or transferred to other security in accordance with applicable Florida
Statutes within thirty (30) days after notice to Lessee by the County, and in the
event Lessee fails to do so, Lessee shall be considcred in default under this Lease
Agreement. Lessee agrees to join the County, at County's request, in the
execution of a short form of lease, pursuant to section 713.10, Florida Statutes, to
be recorded in the Public Records of Indian River County, Florida for the purpose
of giving constructive notice of the provisions of this subparagraph.
10. ACCESS TO STORAGE CLOSET. The storage closet located adjacent to the
Leased Premises can only be accessed through the Leased Premises. Lessee shall
allow County access to the storage closet at any time.
11. ASSIGNMENT OR SUBLEASE. Lessee shall not assign, sublease or transfer
any part of this Lease Agreement or the Leased Premises, without the prior written
consent of the County.
12. TERMINATION OF LEASE. This Lease Agreement may be terminated for
convenience by either party with sixty (60) days written notice. Either Party may
terminate this Lease Agreement for cause when there is an event of default by the
other Party. An event of default shall occur if either party fails to perform a
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material obligation under this Lease Agreement and such failure is not cured
within thirty (30) days after written notice of the default is provided by the non -
defaulting Party to the defaulting Party.
13. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual
budget and/or appropriation by the Board of County Commissioners and staffing
allocation by the County Administrator.
14. NOTICE. Any notice required by this lease, or which either party may desire to
serve upon the other, shall be in writing and shall be deemed served when hand
delivered, or when actually received via U S. Mail, postage prepaid, return receipt
requested, addressed to County at:
Lessor: SafeSpace, Inc.
Kitty Peterson
Director of Finance & Administration
612 SE Dixie Highway
Stuart, FL 34994
County: Indian River County Board of County Commissioners
Public Works Director
Public Works Department
1801 27th Street
Vero Beach, Florida 32960-3365
The above addresses may be changed by either party by written notice to the other party.
15. TIME OF THE ESSENCE. Time shall be of the essence with respect to each
and every matter set forth herein.
16. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT,
WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT
QUANTITIES, MAY PRESENT HEALTH RISK TO PERSONS WHO ARE
EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED
FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS
IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND
RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH
UNIT.
17. VENUE AND GOVERNING LAW. Any and all suits for breach of this Lease
Agreement shall be instituted and maintained in a state or federal court of
competent jurisdiction having jurisdiction over Indian River County, Florida. This
Lease Agreement and any questions concerning its validity, construction and
performance shall be governed by the laws of the State of Florida.
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18. SEVERABILITY. In the event that any provision of this Lease Agreement shall,
for any reason, be determined to be invalid, illegal, or unenforceable in any
respect, the Parties shall negotiate in good faith and agree to such amendments,
modifications or supplements of, or to, this Lease Agreement or such other
appropriate changes as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the Parties as
reflected herein, and the other provisions of this Agreement shall, as so amended,
modified, supplemented, or otherwise effected by such action remain in full force
and effect.
19. INSURANCE. Lessee shall obtain and maintain the minimum following
insurance types, coverages and amounts as stated below:
a) Commercial General Liability — No more restrictive than ISO Form
CG0001 (including property damage, personal injury, products / comp.
ops. agg., premises, operations, and blanket contractual liability)
$500,000 Each Occurrence
$500,000 Products & Completed Ops Aggregate
$500,000 Personal Injury and Advertising
$500,000 General Aggregate
$50,000 sublimit Fire legal liability
The County and County's members, officials, officers, employees and
agents, shall be named as additional insureds under all of the above
Commercial General Liability coverage.
b) Automobile Liability (all automobilcs-owned, hired or non -owned) -
$500,000 Combined Single Limit
C) In the event the Lessee hires employees or is otherwise required to carry
workers' compensation insurance, the Lessee will provide evidence of
workers' compensation insurance or exemption as required by Florida
Workers Compensation Law as defined in Chapter 440, Florida Statutes.
The Lessee will assume responsibility for Lessee's discretion in
confirming that all of Lessee's contractors or subcontractors engaged in
work have the appropriate workers' compensation coverage. Such
evidence will include evidence of workers' compensation benefits and
employer's liability insurance for the following minimum limits of
coverage:
Workers Compensation - Florida Statutory Coverage
Including coverage for any appropriate Federal Acts (e.g. Longshore and
Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones
Act, 46 USC §§ 688 et seq.) where activities include liability exposures for
events or occurrences covered by Federal statutes.
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Employer's Liability $100,000 Each Accident
$500,000 Disease Policy Limit
$100,000 Each Employee/Disease
d) In the event that any services or activities of a professional nature are
provided,
Professional Liability (Errors and Omissions) - $1,000,000 Each
Occurrence/Claim
(e) Primary and Non -Contributory — The Lessee's insurance will apply on a
primary basis and will not require contribution from any insurance or self-
insurance maintained by the County.
(f) Deductibles — The deductibles of the insurance policies applicable to the
use of the Leased Premises shall be deemed customary and the
responsibility of the Lessee and any named insureds.
(g) Additional Insured — The Lessee's insurance, except workers'
compensation and any additional coverages where it is unavailable, will
name the Board of County Commissioners of Indian River County and
County's members, officials, officers, employees and agents, as additional
insureds under all insurance coverages required for the use of the Leased
Premises.
(h) Reporting Provision — The Lessee's insurance shall be provided on an
occurrence form. In the event that coverage is only available on a claims
made form, the Lessee shall agree to maintain an extended reporting
coverage for a minimum of two years past the expiration of the annual
policy term.
(i) Duration — Notwithstanding anything to the contrary, the Lessee's
liabilities intended to be covered by the insurance coverage(s) required
under this section shall survive and not be terminated, reduced or
otherwise limited by any expiration or termination of particular policies
for insurance coverages.
(j) Financial Responsibility — Lessee shall obtain insurance by an insurer
holding a current certificate of authority pursuant to Chapter 624, Florida
Statutes, or a company that is declared as an approved Surplus Lines
carrier under Chapter 626, Florida Statutes. Such insurance shall be
written by an insurer with an A.M. Best Rating of A -VII or better.
A
(k) Evidence of Financial Responsibility — The Lessee must provide a
certificate of insurance to the County's Risk Manager, demonstrating the
maintenance of the required insurance including the additional insured
endorsement, no later than 10 days after this Lease Agreement is executed.
Upon written request, the Lessee shall make its insurance policies and
endorsements available to the County's Risk Manager. The County's Risk
Manager shall approve the Lessee's insurance if it complies with this
Lease Agreement's requirements, including, if any, additional insurance
coverages deemed necessary by the Risk Manager. No material alteration
or cancellation, including expiration and non -renewal of Lessee's
insurance, shall be effective until 30 days after receipt of written notice by
the County from the Lessee or the Lessee's insurance company.
(1) Discretionary Authority — Depending upon the nature of any aspect of the
use of the Leased Premises and its accompanying exposures and liabilities,
the County may, at its sole option, require additional insurance coverages
not listed above, in amounts responsive to those liabilities, which may or
may not require that the County also be named as an additional insured.
20. INDEMNIFICATION. To the extent permitted by law Lessee shall defend,
protect, hold harmless and indemnify the County, its Commissioners, directors,
officers, employees, and agents and contractors of any tier, or any of them (the
"County indemnified Persons") from and against any cost, expense, loss, claim or
liability whatsoever, including the cost of attorneys' fees and appeals, for injury to
any person or loss or damage to any property arising out of. (a) the negligence or
wrongful misconduct of Lessee, its directors or partners (as applicable), officers,
employees, other agents or contractors of any tier; (b) the failure of or by Lessee,
its directors or partners (as applicable), officers, employees, other agents or
contractors of any tier to comply with applicable law or regulations of federal,
state or local governments; (c) the performance or failure to perform of the Lessee
under this Lease Agreement; and (d) any breach by Lessee of any representation
or warranty made in this Lease Agreement. Lessee is not required to hold
harmless or indemnify any County Indemnified Person for any cost, expense, loss,
claim or liability to the extent caused by any County Indemnified Person's
negligence or reckless misconduct.
21. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the
entire agreement of the parties with respect to the Leased Premises and the
County's occupancy of the Leased Premises. No other statement, representation
or prior agreement shall have any force or effect, unless set forth herein.
F
IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at
Vero Beach, Indian River County, Florida, as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
on
Bob Solari, Chairman
Approved by BCC:__, 2016.
ATTEST:
By:
Jeffrey R. Smith,
Clerk of Court and Comptroller
By: �ac
'C/
Witnessed by: Safe , In .
signature: (/ Q V4
printed name:,C(,G���lQ i iC'a/e
signature. v f
printed name: W,
Approved as to form and le al sufficiency:
County Attorney
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