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Home My WebLink About2013-155 8 � ao � /,3 Q . L L Lease Agreement Lessor : Indian River County , Florida A political subdivision of the State of Florida 1801 27th Street Vero Beach , FL 32960 ( Hereinafter ` County' ) Lessee : Indian River Lacrosse Association A Florida non -profit Corporation 979 Beachland Boulevard Vero Beach , FL 32963 ( Hereinafter ' IRLAX ' ) Witnesseth That : WHEREAS , the County is the owner of the parcel of land known as the Dick Bird Park (formerly South County Park) located at 800 20th Avenue SW , Vero Beach , Florida ; and WHEREAS , the County is constructing four multipurpose athletic sports fields with an eight foot security fence , ( hereinafter the Property) , within the South County Park ; and WHEREAS , the County is constructing these multipurpose athletic fields due to meet the demands of growth in the County , including the increased popularity of youth sports and lacrosse for both young men and young women ; and WHEREAS , IRLAX has a present need for property on which to utilize for the use of its lacrosse programs and activities in Indian River County ; and WHEREAS , the County believes that leasing the Property on a long -term basis to IRLAX would be in the public interest by providing a useful amenity for the recreational enjoyment of lacrosse enthusiasts in Indian River County ; 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 : 1 8 � ao � /,3 Q . L L Lease Agreement Lessor : Indian River County , Florida A political subdivision of the State of Florida 1801 27th Street Vero Beach , FL 32960 ( Hereinafter ` County' ) Lessee : Indian River Lacrosse Association A Florida non -profit Corporation 979 Beachland Boulevard Vero Beach , FL 32963 ( Hereinafter ' IRLAX ' ) Witnesseth That : WHEREAS , the County is the owner of the parcel of land known as the Dick Bird Park (formerly South County Park) located at 800 20th Avenue SW , Vero Beach , Florida ; and WHEREAS , the County is constructing four multipurpose athletic sports fields with an eight foot security fence , ( hereinafter the Property) , within the South County Park ; and WHEREAS , the County is constructing these multipurpose athletic fields due to meet the demands of growth in the County , including the increased popularity of youth sports and lacrosse for both young men and young women ; and WHEREAS , IRLAX has a present need for property on which to utilize for the use of its lacrosse programs and activities in Indian River County ; and WHEREAS , the County believes that leasing the Property on a long -term basis to IRLAX would be in the public interest by providing a useful amenity for the recreational enjoyment of lacrosse enthusiasts in Indian River County ; 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 : 1 1 . Term of Lease : Rental . The County shall lease to IRLAX the Property for the term of twenty (20 ) years at a rental of one dollar ($ 1 . 00) per year. This Lease Agreement (Agreement) shall be extended upon mutually agreeable terms , automatically for an additional twenty (20) years under terms similar to the original lease , unless one party notifies the other party in writing of its intent to not renew at least one hundred eighty ( 180 ) days prior to the expiration of a twenty-year period . 2 . Use of The Property . The Property shall be used by IRLAX for the purpose of managing and maintaining the Property to foster the growth , recognition and development of its lacrosse student athlete programs . The Site Plan , attached to this Agreement as Exhibit "A" , identifies the Property subject to this Lease . Substantial changes may be made to the Agreement and Plan only with the approval of the County and the Board of the IRLAX . Use , fees , scheduling and operational hours of the Property shall be solely controlled by IRLAX except as provided otherwise herein , pursuant to applicable County regulations . 2 . 1 Use of the Property by the Public . IRLAX may , upon approval by the County and receipt of proof of insurance as defined in paragraph 4 , permit other sports programs to use the Property . IRLAX will develop and operate a youth lacrosse program open to all youth of Indian River County , 2 . 2 Maintenance . IRLAX shall be responsible for mowing , fertilizing , weeding , irrigating and marking of all fields within the Property . IRLAX shall be responsible for maintenance and repairs of the structures , fencing , irrigation system , and lighting system of the Property , including light bulb replacement . 2 . 3 Utilities . IRLAX shall pay utilities and trash removal for the Property and provide for trash removal from the Property . 2 . 4 Equipment and Storage . IRLAX may store equipment on the Property either in a building constructed and owned by the County that is suitable and designed for storage or in their own structure that conforms to the applicable County codes . 3 . Concessions . IRLAX shall manage and operate the concession building during IRLAX activities within the Property . Any license for operation of concessions shall be the responsibility of IRLAX . IRLAX shall maintain the concessions building and bathrooms located within the concession building for all IRLAX activities in a clean and orderly working condition . Operations of concessions during special events as described in paragraph 13 shall be decided by agreement of IRLAX and the entit( ies ) sponsoring the special event . 2 1 . Term of Lease : Rental . The County shall lease to IRLAX the Property for the term of twenty (20 ) years at a rental of one dollar ($ 1 . 00) per year. This Lease Agreement (Agreement) shall be extended upon mutually agreeable terms , automatically for an additional twenty (20) years under terms similar to the original lease , unless one party notifies the other party in writing of its intent to not renew at least one hundred eighty ( 180 ) days prior to the expiration of a twenty-year period . 2 . Use of The Property . The Property shall be used by IRLAX for the purpose of managing and maintaining the Property to foster the growth , recognition and development of its lacrosse student athlete programs . The Site Plan , attached to this Agreement as Exhibit "A" , identifies the Property subject to this Lease . Substantial changes may be made to the Agreement and Plan only with the approval of the County and the Board of the IRLAX . Use , fees , scheduling and operational hours of the Property shall be solely controlled by IRLAX except as provided otherwise herein , pursuant to applicable County regulations . 2 . 1 Use of the Property by the Public . IRLAX may , upon approval by the County and receipt of proof of insurance as defined in paragraph 4 , permit other sports programs to use the Property . IRLAX will develop and operate a youth lacrosse program open to all youth of Indian River County , 2 . 2 Maintenance . IRLAX shall be responsible for mowing , fertilizing , weeding , irrigating and marking of all fields within the Property . IRLAX shall be responsible for maintenance and repairs of the structures , fencing , irrigation system , and lighting system of the Property , including light bulb replacement . 2 . 3 Utilities . IRLAX shall pay utilities and trash removal for the Property and provide for trash removal from the Property . 2 . 4 Equipment and Storage . IRLAX may store equipment on the Property either in a building constructed and owned by the County that is suitable and designed for storage or in their own structure that conforms to the applicable County codes . 3 . Concessions . IRLAX shall manage and operate the concession building during IRLAX activities within the Property . Any license for operation of concessions shall be the responsibility of IRLAX . IRLAX shall maintain the concessions building and bathrooms located within the concession building for all IRLAX activities in a clean and orderly working condition . Operations of concessions during special events as described in paragraph 13 shall be decided by agreement of IRLAX and the entit( ies ) sponsoring the special event . 2 4 . Insurance . IRLAX shall obtain and maintain commercial general liability insurance in the amount of $ 1 , 000 , 000 , naming the County as an additional insured . The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective . The insurance shall be written on a policy and company acceptable to the County' s Risk Management Division . 5 . Non -discrimination . IRLAX shall operate the Property in a non -discriminatory manner complying with all local , state and federal laws , rules or regulations which pertain . 6 . Cancellation . This Agreement may be terminated by the County at any time on notification by any state or federal environmental regulatory agency that a serious health hazard exists from continued use of the Property . In such an event , IRLAX shall make no claim against County for any damages . IRLAX may cancel this Agreement at any time by giving the County ninety ( 90) days written notice . At the termination of this Agreement from whatever cause , it shall be the IRLAX ' s responsibility to restore the Property to a condition no worse than what would be reasonably expected with normal wear and tear. 7 . Assignment, The Agreement may be assigned or transferred only with the written approval of the County . 8 . Emergency County Use . In an emergency declared by the appropriate authorities under Chapter 252 , Florida Statutes , the County reserves the right to use the Property 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 Property 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 . 9 . Hold Harmless . IRLAX shalt defend , indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of IRLAX , except for those claims arising out of the County' s own negligence . 10 . Governing Law, This Agreement shall be governed by the laws of the State of Florida . 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 . 11 . Improvements to the Property . IRLAX shall obtain the County ' s permission before constructing any improvements on the Property . At the termination of the Agreement , IRLAX shall be permitted to remove any personal property not attached to 3 4 . Insurance . IRLAX shall obtain and maintain commercial general liability insurance in the amount of $ 1 , 000 , 000 , naming the County as an additional insured . The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective . The insurance shall be written on a policy and company acceptable to the County' s Risk Management Division . 5 . Non -discrimination . IRLAX shall operate the Property in a non -discriminatory manner complying with all local , state and federal laws , rules or regulations which pertain . 6 . Cancellation . This Agreement may be terminated by the County at any time on notification by any state or federal environmental regulatory agency that a serious health hazard exists from continued use of the Property . In such an event , IRLAX shall make no claim against County for any damages . IRLAX may cancel this Agreement at any time by giving the County ninety ( 90) days written notice . At the termination of this Agreement from whatever cause , it shall be the IRLAX ' s responsibility to restore the Property to a condition no worse than what would be reasonably expected with normal wear and tear. 7 . Assignment, The Agreement may be assigned or transferred only with the written approval of the County . 8 . Emergency County Use . In an emergency declared by the appropriate authorities under Chapter 252 , Florida Statutes , the County reserves the right to use the Property 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 Property 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 . 9 . Hold Harmless . IRLAX shalt defend , indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of IRLAX , except for those claims arising out of the County' s own negligence . 10 . Governing Law, This Agreement shall be governed by the laws of the State of Florida . 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 . 11 . Improvements to the Property . IRLAX shall obtain the County ' s permission before constructing any improvements on the Property . At the termination of the Agreement , IRLAX shall be permitted to remove any personal property not attached to 3 the Property and any buildings , fixtures or equipment attached to the property shall become the property of the County . 12 . Breach of Agreement. A breach by IRLAX of any of its obligations under this lease shall be grounds for the County to terminate this Agreement , except that before such termination , IRLAX shall be given written notice with thirty ( 30 ) days to cure the breach . In the event of a lapse of insurance as set forth in paragraph 4 , IRLAX shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of the Property until insurance is reinstated . Failure to timely reinstate the insurance or use of fields while there is no insurance may subject IRLAX to automatic termination of this Agreement . 13 . Use of the Property for Special Events Subject to availability and without causing undue interference with regular activities and events previously scheduled by IRLAX , the County reserves the right to utilize the Property for special events at no charge to the County . Any reservation of field usage under this section for sporting events sanctioned by the Treasure Coast Sports Commission , the Vero Beach Sports Village or their successors , shall be subject to sixty (60) days advance written notice and require the payment of field charges at a rate not to exceed the County' s field reservation rate in existence at the time the reservation is made . By agreement of the parties the rate charge may be adjusted . The parties agree to make best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this section . 14 . Access for Inspection . The County may come onto the Property at such reasonable times and frequencies as deemed necessary by the County to inspect the condition of the Property . 15 . Signs and Signage . IRLAX may install advertising signs on the fencing surrounding the Property . The signs must be first approved by the County and conform to County sign codes . Any revenue derived from the advertising signs shall be retained by IRLAX . 16 . Sponsorship Opportunities For the Property : IRLAX may assign sponsorship names with code complying signage to the separate playing fields , scoreboards , the concessions building and the Property . Any proceeds derived from said sponsorships shall retained by IRLAX . All such sponsorships must be first administratively approved , without unreasonable delay or withholding , by the County . Any such sponsorship shall not extend past the expiration date of the Lease Agreement . 4 the Property and any buildings , fixtures or equipment attached to the property shall become the property of the County . 12 . Breach of Agreement. A breach by IRLAX of any of its obligations under this lease shall be grounds for the County to terminate this Agreement , except that before such termination , IRLAX shall be given written notice with thirty ( 30 ) days to cure the breach . In the event of a lapse of insurance as set forth in paragraph 4 , IRLAX shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of the Property until insurance is reinstated . Failure to timely reinstate the insurance or use of fields while there is no insurance may subject IRLAX to automatic termination of this Agreement . 13 . Use of the Property for Special Events Subject to availability and without causing undue interference with regular activities and events previously scheduled by IRLAX , the County reserves the right to utilize the Property for special events at no charge to the County . Any reservation of field usage under this section for sporting events sanctioned by the Treasure Coast Sports Commission , the Vero Beach Sports Village or their successors , shall be subject to sixty (60) days advance written notice and require the payment of field charges at a rate not to exceed the County' s field reservation rate in existence at the time the reservation is made . By agreement of the parties the rate charge may be adjusted . The parties agree to make best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this section . 14 . Access for Inspection . The County may come onto the Property at such reasonable times and frequencies as deemed necessary by the County to inspect the condition of the Property . 15 . Signs and Signage . IRLAX may install advertising signs on the fencing surrounding the Property . The signs must be first approved by the County and conform to County sign codes . Any revenue derived from the advertising signs shall be retained by IRLAX . 16 . Sponsorship Opportunities For the Property : IRLAX may assign sponsorship names with code complying signage to the separate playing fields , scoreboards , the concessions building and the Property . Any proceeds derived from said sponsorships shall retained by IRLAX . All such sponsorships must be first administratively approved , without unreasonable delay or withholding , by the County . Any such sponsorship shall not extend past the expiration date of the Lease Agreement . 4 17 Acceptance of the Property . IRLAX has reviewed the plans , specifications and improvements for the Property and agrees to accept the Property " as is once the project has been built in compliance with all plans , specifications and applicable code . IRLAX verifies that the Property meets the needs of IRLAX for its intended uses . 5 17 Acceptance of the Property . IRLAX has reviewed the plans , specifications and improvements for the Property and agrees to accept the Property " as is once the project has been built in compliance with all plans , specifications and applicable code . IRLAX verifies that the Property meets the needs of IRLAX for its intended uses . 5 IN WITNESS WEREOF , COUNTY and IRLAX have executed this instrument this 20 'Lday of August 2013 . Attest : Jeffry R . S ith , Clerk of CourtIndian River County , Florida """•"°° " n4j "° ° 44 And Com troll "°"�oM�SS�oNFRs ; p Board of County Commissione ,. eo ; By : Deputy Clerk seph E . Flescher , Chairmary 444N rl n 414 :: .1 • Witness : Indian ' er Lacrosse A ciation Printed name : Q Brian J . Con Ily , C airman Attached : Exhibit "A" - The Site Plan for the Athletic Sports Fields . APPROVED AS TO FORMA AND L G L SIJFFIC BY it WILLIAM K . DEBRAAL� DEPUTY COUNTY ATTORNEY 6 IN WITNESS WEREOF , COUNTY and IRLAX have executed this instrument this 20 'Lday of August 2013 . 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