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Home My WebLink About2013-151 ko 1,3 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 Sports Complex , Inc . A Florida non - profit Corporation 11167 th Place Vero Beach , FL 32966 ( Hereinafter " Indian River Sports ") Witnesseth That: WHEREAS , the County is the owner of the parcel of land commonly known as the 16th Street Ball Fields , located at the intersection of 16th Street and 17th Avenue , Vero Beach , Florida ( hereinafter the Property) an aerial photo is attached as Exhibit "A" ; and WHEREAS , the 11 . 76 acre Property consists of three softball/little league/baseball diamonds with lights , fencing , parking , concession , press boxes and announcers booths ; and WHEREAS , Indian River Sports Complex, Inc . is a Florida non -profit corporation formed to develop , promote and foster sports talent for individuals by organizing local and statewide competitions teaching individuals and group skills ; and WHEREAS , Indian River Sports has a present need for property for its baseball programs and activities in Indian River County that will include batting cages , pitching areas , a weight room and no less than three "state of the art" practice and game fields ; and WHEREAS , the County believes that leasing the Property to Indian River Sports on a long -term basis would be in the public interest by providing a useful amenity for the recreational enjoyment of baseball 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 . GOWN Term of Lease : Rental , The County shall lease to Indian River Sports the Property for the term of ten ( 10 ) 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 ten ( 10 ) 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 the initial ten year period . The effective date of this Agreement is December 1 , 2013 . 2 . Use of The Property, The Property shall be used by Indian River Sports for the purpose of managing and maintaining the Property to develop , promote and foster sports talent for individuals by organizing local and statewide competitions teaching individual ; and group skills . The aerial photo attached to this Agreement as Exhibit "A identifies the Property subject to this lease . Substantial changes may be made to the Agreement only with the written approval of the County and the Board of Indian River Sports . Use , fees , scheduling and operational hours of the Property shall be solely controlled by Indian River Sports , pursuant to applicable County regulations . 2 . 1 Use of the Property by Public . Indian River Sports 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. Indian River Sports shall charge the same rate for field use and lighting as charged by the Indian River County Recreation Department , 2 . 2 Use of Property by the County. Subject to the availability and without causing undue interference with regular activities and events previously scheduled by Indian River Sports , the County reserves the right to utilize the Property for special events at no charge to the County . 2 . 3 Maintenance and Utilities . Indian River Sports shall be responsible for mowing , fertilizing , weeding , irrigating , marking of all fields , landscaping and grassed areas on the Property . Indian River Sports shall be responsible for all utilities , trash disposal , maintenance and repairs of the structures , fencing , irrigation system , and lighting system including light bulb replacement . 2 . 4 Equipment and storage . Indian River Sports 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 codes . 2 3 . Concessions : Indian River Sports shall manage and operate the concessions during Indian River Sports activities within the Property . Any license for operation of concessions shall be the responsibility of Indian River Sports . 4 . Insurance : Indian River Sports 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 . Indian River Sports shall operate the Property in a non = discriminatory manner complying with all local , state and federal laws , rules or regulations which pertain . 6 . Signs and Signage . Indian River Sports may install advertising signs on fences on the Property . The signs must be first approved by the County and conform to county sign codes . Any revenue derived from the advertising signs may be retained by Indian River Sports . 7 . Assignment. The lease 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 , Indian River Sports shall defend , indemnify and hold the County harmless from any and all claims for damages arising out of this lease agreement , 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. The County is entering into this Agreement based on representations made by Indian River Sports to make certain improvements to the Property . Indian River Sports shall obtain the County' s permission before 3 constructing any improvements on the Property . It is contemplated that Indian River Sports will make substantial capital improvements to the Property , including , but not limited to the following : state of the art practice and game fields , scoreboards , batting cages , weight room , improved bleachers and fencing . A schedule of the proposed improvements is attached to this Agreement as Exhibit B . Failure by Indian River Sports to make the improvements contained on Exhibit B by the time frame indicated may be deeded a breach of this Agreement and grounds for termination of this Agreement . At the termination of the Agreement, Indian River Sports shall be permitted to remove any personal property not attached to 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 Indian River Sports of any of its obligations under this lease shall be grounds for the County to terminate this lease , except that before such termination , Indian River Sports shall be given written notice with thirty (30 ) days to cure the breach . However, Indian River Sports may face automatic termination of this Agreement for failure to maintain in effect any required insurance . 13 . Structures on Property . There are storage buildings and portable restrooms on the Property . Indian River Sports may use those structures until such time they are needed to be moved elsewhere by the County . Indian River Sports shall be responsible for all repairs and maintenance associated with the storage buildings . Indian River Sports shall keep the portable restrooms in a clean and well maintained condition . The County will give Indian River Sports thirty ( 30 ) days notice prior to moving any structure . 14 . Use of the Property for Special Events . 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 . The rate maybe adjusted higher than the County's reservation rate by a showing of good cause . The parties agree to use their best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this Section . 15 . 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 . Inspections by the County will not interrupt any Indian River Sports activities . 4 IN WITNESS WEREOF , County and Indian River Sports have executed this instrument this 20th th day of August 2013 . Attest : Jeffry R . Smith , Clerk of Court Indian River County, Florida And Comptroller Board of County Commissioners SS10NEh a° too i ems . By : uty Clerk Veph E . Flescher, Chairman �"77T • 00 , ` � o . •• R Y��AN RN AXY XYX1111114 011 ,00 U .. Witness : Indian p its Complex , Inc . Printed name : Its President Approved as to form and legal Sufficiency. William K . DeBraal Deputy County Attorney Attached : Exhibits "A" and " B " 5 Print Back EE ) HIBIT " All EX Indian River County GIS i 3 3 'gid r } 1�ij1 PropertyAddress 33390200000700000001 . 3 INDIAN RIVER COUNTY ' ll 16TH ST VERO BEACH, FL 32960 Notes p . • - ' i EXHIBIT B Timing of Capital Improvements Fiscal Years 2013 =14 • Replace existing grass on Riley and Sampson Fields with Bermuda Grass and install sprinkler system • Relocate fences to make Riley Field 350 feet and Sampson Field 360 feet • Move light poles to accommodate lager fields Fiscal Years 201 5 = 1 6 • Upgrade stands and pour concrete on Sampson Field • Upgrade Dugouts on Riley and Sampson Fields • Upgrade fences on Riley and Sampson Fields • Install score boards on all three fields Fiscal Years 2017 -19 • Add new Little League size field • Install indoor batting cages 6