HomeMy WebLinkAbout2014-027 3 - 4 -Z01 i%
Lease Allreement �o / T — Oc 7
Lessor : Indian River County , Florida
A political subdivision of the State of Florida
1801 27''' Street
Vero Beach, FL 32960
(Hereinafter County)
Lessee : Gifford Youth Little League , Inc .
A Florida non-profit Corporation
P . O . Box 651031
Vero Beach, FL 32965
(Hereinafter League)
Witnesseth That :
WHEREAS , the County is the owner of a 39 acre parcel of land commonly known as the
Gifford Park, located at 4715 43rd Avenue , Vero Beach , Florida, an aerial photo is attached as
Exhibit "A" ; and
WHEREAS , Gifford Park consists of two baseball fields (the Jackie Robinson Field and
the Ralph Jay Lundy Senior Field) , a football field, a basketball court, a children' s park with play
equipment, restroom facilities , tennis wall and courts , covered pavilions and a fitness trail,
fencing, parking, concession activities stand , press boxes and announcers booths ; and
WHEREAS , the League is a Florida non-profit corporation formed to develop, promote
and foster sports talent for individuals by organizing local youth, junior and senior baseball
competitions and softball competitions ; and
WHEREAS , the League has a present need to use both the Jackie Robinson Field
("Robinson Field") and the Ralph Jay Lundy Senior Field ("Lundy Field") , the press box , the
concession activities stand, and the restrooms (together hereinafter the "Premises") for its
baseball program ; and
WHEREAS , the County believes that leasing the Premises to the League on a long-term
basis would be in the public interest by providing a useful amenity for the recreational enjoyment
of baseball enthusiasts in the Gifford Community as well as in Indian River County ; and
WHEREAS , the County and the League understand that the initial obligations set forth in
this Agreement reflect the current nature of the League ' s limited financial capabilities , and that
both parties intend that these obligations and responsibilities will be reevaluated over time ; and
NOW, THEREFORE , for in consideration of the Premises and other good and valuable
consideration, the receipt whereof is hereby acknowledged , the parties agree as follows :
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Section 1 — Adoption of "Whereas " Clauses.
1 . 01 Incorporation of Recitals : The above recitals are true and correct and are incorporated
herein .
Section 2 — The Lease Agreement
2 . 01 Duration : The County shall lease the Premises to the League for the term of five ( 5 ) years
at the rate of one dollar ($ 1 . 00) a year. The lease agreement (hereinafter "Agreement") shall be
automatically extended for three ( 3 ) additional periods of five ( 5) years under terms similar to
this Agreement, unless one party notifies the other party in writing of its intent to not renew at
least sixty (60) days prior to the expiration of the given five year period . If the County and the
League agree to extend the Agreement, the League ' s obligations will be reevaluated by the
County and the League . Substantial changes to the Agreement may be made only with the
written approval of the County and the League . The effective date of this Agreement is February
17 , 2014 .
2 . 02 Contact Persons : The initial contact person for the League shall be the League ' s. President,
Teri Bagley, whose address is PO Box 651031 , Vero Beach, Florida, 32965 and whose phone
number is (772) 7664387 (hereinafter "League ' s Representative") . The contact person for the
County shall be Mike Redstone , the Manager of Recreation whose address is the Recreation
Department Office, 1800 27'h Street, Vero Beach, Florida, and whose number is (772) 226- 1727
(hereinafter "Manager") . Parties shall direct all matters arising in connection with the
performance of this Agreement to the attention of the League ' s Representative and the Manager
for attempted resolution . The League ' s Representative and the Manager shall be responsible for
overall coordination and oversight relating to the performance of this Agreement. The League
and the County will update the information in this subsection on or before the annual anniversary
date of this Agreement .
Section 3 — The Premises
3 . 01 The Premises : The aerial photo attached to this Agreement as Exhibit "A", identifies the
Premises as well as Gifford Park . The Agreement does not include any other areas of Gifford
Park.
3 . 02 League ' s Use of The Premises : The Premises shall be used by the League for the purpose
of developing, promoting and fostering sports talent by organizing local and statewide youth,
junior and senior baseball competitions as well as softball competitions . This includes meetings
of the League ' s Board of Directors, player registration, concession stand activities, baseball
games and practices . Concession stand activities as used herein shall only include the sale of
regularly distributed non-alcoholic beverages and snacks . Any license for operation of
concessions shall be the responsibility of the League . The League may also conduct fundraising
activities on the Premises subject to notifying the Manager thirty (30) calendar days in advance
of the activity . The League shall obtain any and all - necessary licenses, approvals or permits
required for any use of the Premises . No other use is authorized without the written approval of
the Manager.
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3 . 03 Required Documentation to Use the Premises : The League shall provide the Manager
with the following information within five ( 5 ) days of signing this Agreement , and no later than
March 15th of each following year, unless otherwise provided in this Agreement :
a) Names and contact information for the League Board of Directors as well as the name
and contact information for the League ' s Representative pursuant to Section 2 . 02 ;
b) Confirmation of continued active status as a nonprofit organization in the State of
Florida;
c) Proof of insurance identified in Section 12 of this Agreement ;
d) A sworn notarized statement regarding background screening of coaches and assistant
coaches per subsection 6 . 04 of this Agreement ; and
e) A schedule of League events including fundraising activities, practices and games for
purposes of scheduling maintenance of the fields . Changes to the schedule shall be
submitted to the Manager at least 72 hours in advance .
3 . 04 Control of Premises : At any time the League has control over any portion of
the
Premises, it shall not deny the County access to use and/or inspect the Premises . With the
exception of the Robinson Field, the League shall not deny another sports group access to the
Premises for a compatible use (e . g. football , baseball , etc . ) . The League and the County will have
keys to unlock the gates and access the Premises .
3 . 05 County ' s Access to the Premises for Inspection : The County reserves the right to come
onto the Premises at such reasonable times and frequencies as deemed necessary by the County
to inspect the condition of the Premises . Inspections by the County will not interrupt any of the
League ' s activities .
3 . 06 County ' s Access to the Premises for Use : Subject to availability and without causing
undue interference with regular activities and events previously scheduled by the League , the
County reserves the right to utilize the Premises for special events at no charge to the County . if
Section 4 — The Robinson Field
4 . 01 Exclusive Use of the Robinson Field : The County grants unto the League the exclusive
right to use the Robinson Field on a year-round basis for the terms and conditions hereinafter set
forth . The League shall deliver to the County a list of its scheduled games in accordance with
subsection 3 . 03 .
4 . 02 League ' s Control of the Robinson Field : The Robinson Field shall be used and
controlled by the League from January 1st- December 31s' of any given year. The County,
however, may utilize the Robinson Field for special events in accordance with subsection 3 . 06 .
Section 5 — The Lundy Field
5 . 01 Non-Exclusive Use of the Lundy Field : The County grants unto the League the non-
exclusive right to use the Lundy Field for the terms and conditions hereinafter set forth . The
League shall deliver to the County a list of its scheduled practices in accordance with subsection
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3 . 03 . At any time the Lundy Field is not being used by the League , it may be used by another
other sports group for a compatible use (football ; baseball , etc . ) .
5 . 02 League ' s Use and Control of the Lundy Field : The Lundy Field shall be used by the
League to practice during the primary season which runs from January 1st — July 31st of any
given year (hereinafter "Primary Season") .
Section 6 — The League ' s Initial Obligations and Responsibilities
6 . 01 General Obligations : The League agrees to :
a) Not charge admission to any game under this Agreement;
b) Not sell , give, permit or otherwise distribute any alcoholic beverages or tobacco
products on the Premises or at Gifford Park ;
c) Use the Premises solely for the purpose of providing youth baseball , junior baseball ,
senior baseball and softball ;
d) Leave the Premises free of litter, personal items , materials and equipment at the end of
each day ;
e) Provide in-kind services as delineated in sub- section 6 . 02 ;
f) Maintain and replace, at the League ' s expense and without obligation or liability to the
County, all items or equipment belonging to the League that are on the Premises .
6 . 02 In-Kind Services : In lieu of payment of the annual maintenance costs to the County, the
League agrees to initially provide the following in-kind services :
a) Maintain the designated containers for trash ;
b) Place daily litter and trash located on the Premises, including the field, the bleachers, the
parking area(s) , the restrooms, the concession activity stands and the common areas into
the designated containers so that the trash and litter can be properly disposed of;
c) Clean and sanitize restrooms , including but not limited to, keeping the restrooms stocked
with toilet paper, soap, and hand towels that the County will provide to the League ;
d) Provide the paper product supplies for the restrooms on the Premises ;
e) Conduct maintenance, repair and painting of the press box and concession building, as
needed, provided that the paint color is approved by the County ' s Park Supervisor and
consistent with color scheme of other facilities owned by the County; and
f) Maintain scoreboard system including, but not limited to, the wireless control .
6 . 03 Licenses, Permits and Fees : The League shall be responsible for obtaining any license or
permits required for the operation of the concession or for placing signs at the Premises . The
League shall also be responsible for any and all fees related to the operation of their programs at
the Premises .
6 . 04 Background Screening : The League is required to run a background screen on its coaches
and assistant coaches, consistent with the requirements set forth in Section 943 . 0438 , Florida
Statutes, for sexual offenders and sexual predators . If the League wishes to add to the list of
coaches or assistant coaches , it must first conduct a background screening and submit the
name(s) to the Manager within 5 days of the approval of the background screening .
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6 . 05 Thor Guard Lightning Predication and Warning System : The County maintains a
lightening protection and warning system for Gifford Park . The League is responsible for
abiding by the rules attached as Exhibit B in the event the alarm is activated and emergency
shelter becomes necessary .
6 . 06 Non-discrimination . The League shall operate the Premises in a non -discriminatory
manner complying with all local , state and federal laws , rules or regulations .
Section 7 — The County ' s Obligations and Responsibilities
7 . 01 The County ' s Obligations : Based on available staff and budget limitations , the County
agrees to :
a) Mow, irrigate and fertilize the Premises ;
b) Drag and line the Robinson Field on the game days set forth in the League ' s schedule ;
c) Provide field lighting for the Premises including all costs associated with maintenance of
the equipment and bulb replacement;
d) Pay for utilities including water, sewer, electric and garbage removal ; and
e) Maintenance and operation of the Guard Lightening Operating System .
Section 8 — Emergency County Use
8 . 01 Emergency Counly Use : In ani emergency declared by the appropriate authorities under
Chapter 252 , Florida Statutes, the County reserves the right to use the Premises as a part of its
emergency response and recovery operation as long as reasonably necessary in the County ' s
opinion. In such an event, the County shall restore the Premises at the County ' s expense to the
same condition as it was prior to the County ' s use . For said restoration, time will be of
the
essence .
Section 9 — Rights to Assign
9 . 01 Assignment : Neither the County nor the League shall have the right to assign any and all
of its rights and interests under this Agreement to any successor in business or parent company
without prior written consent of both parties .
Section 10 — Indemnification
10 . 01 Hold Harmless : The League shall defend, indemnify and hold the County harmless from
any and all claims for damages arising out of this Agreement, except for those claims arising out
of the County ' s own negligence . This includes, without limitation, attorneys ' fees, on account of
injury of damage to persons, firms or corporations or to property directly or indirectly arising out
of or relating to this agreement, the performance or breach thereof, or the use or occupancy of
the Premises, the parking lot area or other areas of the Premises by the League . In the event the
League shall fail to defend any such action on behalf of the County to the satisfaction of the
County, the County may, but shall not be obligated to , defend the same by counsel of its choice,
the cost of which defense to be borne exclusively by the League . Nothing in this agreement shall
be construed to affect in any way the County ' s rights, privileges, and immunities, including
sovereign immunity as provided by Florida law.
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Section 11 — Liability
11 . 01 Liability for Damage or Injury : The County shall not be responsible for any loss,
damage or injury which may be sustained by any party or persons at the Premises other than the
damage or injury caused solely by the negligence of the County .
1. 1 . 02 The League is an Independent Operator : Except for when it is inconsistent with the
Little League Charter Rules , the League is, and shall be at all times, an independent operator that
is responsible to all parties for all of its acts or omissions .
Section 12 — Insurance
12 . 01 Insurance : The League shall procure and maintain throughout the term of this
Agreement comprehensive general liability insurance providing for a minimum of $ 300 , 000 . 00
per occurrence . The insurance shall be written on a policy and company acceptable to the
County ' s Risk Management Division and shall have at least an A- VII rating with A . M . Best .
The name of the insured must be the League and the County must be named as an additional
insured . Within five (5 ) days of the execution of this Agreement, the League shall provide the
County with a certificate of insurance showing the additionally insured and specifying the
deductible of said policy . A new certificate of insurance must be delivered to the County no later
than October 1 st of each following year. The certificate shall provide for thirty (30) days prior
written notice from the insurer to County of any cancellation or amendment to said insurance
policy . In the event the League fails to deliver said certificate to the County in the above stated
manner, the County may cancel this Agreement or, but shall not be obligated to , procure the
required policy .
Section 13 — Termination
13 . 01 Termination : The County shall have the right to terminate this Agreement without
cause provided the County gives the League six (6) months notice . If this Agreement is
terminated without cause, the League shall have the option to take over the responsibilities set
forth in Section 7 . 01 . The County shall also have the right to terminate this Agreement with
cause . If the League fails to maintain the required insurance pursuant to Section 12 , the County
may automatic terminate this Agreement. With the exception of Section 12 , if the League
defaults in performing any of its obligations or breaches any of the material terms of this
Agreement, the County will serve written notice on the League and give it thirty (30) calendar
days to cure the default or breach . If the League does not cure the default or breach within the
thirty (30) day time period, the County may immediately terminate this Agreement and repossess
the Premises . This Agreement is subject to annual budget and/or appropriation by the Board of
County Commissioners and staffing allocation by the County Administrator.
13 . 02 Mediation : In the event of a dispute between the parties in connection with this
Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding
mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of
certified mediators available from the Clerk of Court for Indian River County . The fee of the
mediator shall be shared equally by the parties . To the extent allowed by law, the mediation
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process shall be confidential and the results of the mediation or any testimony or argument
introduced at the mediation shall be admissible as evidence in any subsequent proceeding
concerning the disputed issue .
Section 14 — Notice
14 . 01 Notice : Wherever in this Agreement it shall be required or permitted that notice or
demand be given or served by either party to or on the other, such notice or demand shall not be
deemed to have been duly given or served unless in writing and either personally delivered or
forwarded by registered or certified mail , postage prepaid , to the respective addresses hereinafter
set forth .
To County . With Copy To :
Mike Redstone Indian River County Attorney
Manager of Recreation 1801 27`h Street
1801 27`h Street Vero Beach, Florida 32960
Vero Beach, Florida 32960
To League :
Gifford Youth Little League , Inc
P . O . Box 651031
Vero Beach, FL 32965
Section 15 — Governing Law
15 . 01 Rules and Regulations : The League will observe, obey and comply with all rules and
regulations of both the Little League Charter and those adopted by the County and all laws,
ordinances and regulations of other governmental units and agencies having lawful jurisdiction .
15 . 02 Venue : Venue for any lawsuit shall be in Indian River County, or in the event of
a
federal jurisdiction, in the United . States District Court for the Southern District of Florida.
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In Witness Whereof, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of this 17`h day of February, 2014 .
GIFFORD YOUTH LITTLE LEAGUE , INC . BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA
�yco�NMlss�F9 .
.,
t
OJT,� .,•S
By : � � �% By :
Authorized Representativ Peter D . O ' Bryan , Chair n t
Board of County Commissioners
Print Name : T� rYt -� �Q %NR�VER C��N�
• .. . . .. .
DateApproved : 7��y Date Approved : March 4 , 2014
Approved as to form and legal sufficiency : ATTEST : Jeffrey R. rm
Clerk of the o d Comptr ller
cr(w B
Dylan R ingold
County Attorney
8
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