HomeMy WebLinkAbout2013-077 i
LEASE AGREEMENT 2Z,3 . 01 1
By and between
The City of Vero Beach , Florida
And
The Board of County Commissioners of Indian River County , Florida
This Lease Agreement , hereafter " Agreement , " entered into on this 16th day of
April , 2013 by the CITY OF VERO BEACH, FLORIDA , a Florida
municipal corporation, whose mailing address is P . O . Box 1389 , Vero Beach, FL32961 -
1389 , hereinafter "Landlord", and the BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida,
whose mailing address is 180127"' Street , Vero Beach , FL 32960 , hereinafter "Tenant . "
WHEREAS , Tenant contracts with the Senior Resource Association, Inc . ( SRA) ,
as the County ' s Transit Provider and the County ' s Community Transportation
Coordinator, for the operation of the GoLine Indian River Transit which is a fixed route
bus system that runs throughout the County and to Indian River State College ' s main
campus in Ft . Pierce and operation of the Community Coach, paratransit service which is
a door to door transportation ; and
WHEREAS , the ridership on the GoLine buses has increased necessitating a
permanent bus and public transportation hub , hereinafter "Transit Hub , " with restrooms ,
shelters and other related needs ; and
WHEREAS , the GoLine transportation system is an asset to all the municipalities
in the County , including: . the Cities of Vero Beach , Fellsmere and Sebastian and the
Parties agree and colll� lrlm that the "I" i I allsit I-ILIb constitutes a public purpose and therefore
Tenant shall pay no ad valorem taxes on the leased Premises ; and
WHEREAS , in order to continue and improve the GoLine system for the benefit
of city and county residents, the parties are willing to enter into a long term lease for a
parcel of property owned by Landlord located on 16`I' Street for construction of a Transit
Hub ; and
WHEREAS , the Tenant has applied and has been approved to receive a federal
grant for construction of a Transit Hub to better serve ridership ; and
WHEREAS , Tenant proposes to plan , design , permit and build a permanent
Transit Hub together with other site improvements on the leased property to improve the
GoLine system ; and
WHEREAS , upon completion of the Transit Hub , Tenant will enter into an
assignment, sublease or transfer with or to SRA for the use of the Transit Hub and the
property subject to this lease ; and
WHEREAS , Tenant and Landlord find that the leasing and use of the public lands
by Tenant for the purposes stated herein constitute a public use and benefit .
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NOW , THEREFORE , in consideration of the mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged , Landlord and Tenant agree as follows :
WITNESSETH :
1 . RECITATIONS. The foregoing " WHEREAS " clauses are hereby adopted and
incorporated herein .
2 . LEASED PROPERTY.
Landlord hereby leases to Tenant that certain real property located in the 1200 block on
the south side of 16'h Street, Vero Beach , Indian River County , Florida, consisting of
69 , 870 square feet of land , as more particularly described in Exhibit A attached hereto
and incorporated herein, hereinafter " Premises . "
3 . RESERVATION OF ACCESS EASEMENT .
Landlord reserves a non-exclusive right of access , "Access Easement," over the westerly
40 feet +/- of the Premises to access Landlord ' s adjacent facilities as depicted in Exhibit
B attached hereto and incorporated herein .
4 . TERM , OPTION TO RENEW.
( a) The initial term of this Agreement shall be forty (40 ) years , commencing
onMail 77 2013 , and terminating on2053 .
(b) This Agreement may be renewed for Lee additional ten ( 10 ) year terms at the
conclusion of the initial term and each of the two successive terms ; provided , however,
that Tenant is not in default hereunder, and provided that both parties agree to
such
renewal in writing at least sixty days prior to the termination of the initial term and the
termination of each successive term .
5 . RENT.
During the term ( s ) of this Agreement , Tenant shall pay Landlord rent in the amount of
twenty- five ($ 25 . 00 ) dollars per year upon execution of this Agreement and thereafter
annually on or before the anniversary of the execution date of this Agreement . In addition
to the above rental payments , Tenant shall pay all applicable taxes , fees , and assessments ,
if any . Such rental payments shall be subject to adjustment for any renewal terms by
agreement of the parties .
6 . TERMINATION OF AGREEMENT BY TENANT .
Tenant may terminate this Agreement at any time by providing sixty days written notice .
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7 . USE OF PREMISES .
During the term of this Agreement, Tenant shall use the Premises for a Transit Hub and
other like and associated uses , but for no other purposes . Tenant shall not use
the
Premises , or any part thereof, for any illegal , immoral , or improper purposes . Aside from
the disturbance , noise or annoyance associated with the day to day operation of a Transit
Hub , Tenant shall not make or allow any disturbance, noise, or annoyance unreasonably
detrimental to the Premises or the comfort and peace of the inhabitants of the vicinity of
the premises . Action of the Transit Hub patrons after leaving the Premises shall not be
deemed to be the actions of the Tenant and shall not constitute the basis of a default under
this section by Tenant .
8 . PROPERTY LEASED "AS IS " ; PERMITTING AND LICENSING
REQUIREMENTS .
Tenant agrees that the Premises are being leased "as is" and Landlord makes no
warranties in relation thereto . Landlord agrees that the Premises have the appropriate
zoning classification for Tenant ' s intended use as a Transit Hub . Tenant, at Tenant' s sole
expense, shall be solely responsible for obtaining all required zoning and site plan
approvals, permits, and licenses necessary for Tenant ' s use of the Premises . Tenant
agrees to make all necessary applications for approvals for the intended use of the
Premises and attend any meetings or hearings associated with such applications .
However, if any application should be denied or if conditions are added to any approval
such that in the sole opinion of Tenant are unacceptable , Tenant may terminate this
Agreement in accordance with paragraph 6 . Other than stated herein , Landlord makes no
other warranty or guarantee of the condition of the Premises or any improvements .
Tenant has examined the Premises and has determined that the Premises are suitable for
Tenant ' s purposes .
8 . 1 Permitting and Construction Cooperation : Landlord shall cooperate with
Tenant in connection with any permits, applications , and other requests , as necessary or
required in connection with the design , planning, permitting and construction of the
Transit Hub and associated improvements on the Premises .
9 . COMPLIANCE WITH LAW.
Tenant shall comply with all of the laws , rules , ordinances , and regulations of the City.
County, State and Federal Governments , and agencies regarding the use of the Premises .
Violation of any law, rule , ordinance or regulation by Tenant may result in immediate
termination of this Agreement . .
10 . INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES .
Tenant shall have the right to install on the Premises such site improvements , buildings,
structures , equipment, fixtures and other items necessary or convenient for its use of the
Premises in compliance with City codes . All equipment and personal property purchased
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by Tenant and placed in, on, or about the Premises , including equipment not affixed to
the realty, shall remain the property of Tenant . Tenant may remove same on or before the
termination of this Agreement . In addition, any and all personal property not attached or
installed in any building or structure shall remain Tenant ' s property and shall be removed
on or prior to termination of this Agreement .
11 . PUBLIC UTILITIES .
Tenant will pay within time allowed for payment without penalties, all charges for water,
sewer and electricity and all other public utilities which may arise from Tenant ' s use of
the Premises . Tenant agrees to hold Landlord harmless from any interruption in the use
and services of such commodities and for payment of charges for any such utility
services .
12 . RELEASE , HOLD HARMLESS AND INDEMNIFICATION.
To the extent allowed by law, Tenant hereby releases and shall indemnify and hold
Landlord harmless from and against any and all liabilities, claims, demands , damages ,
actions , lawsuits , judgments, penalties, losses , costs , or expenses, of any kind or nature ,
including, but not limited to , costs of investigation and attorneys ' fees and costs through
trial and appeal , arising out of, incidental to , or in any way connected with the condition
of the Premises , to the extent that such condition arises out of or is caused by Tenant ' s
use or occupation of the Premises and is not caused by the negligence or is the fault of the
Landlord .
13 . INSURANCE .
( a) Property Insurance . During the term ( s ) of this Agreement, at Tenant ' s sole
cost and expense . Tenant shall place the Premises , all buildings and their contents on its
lists of lands and property covered under its policies of self reinsurance and ever excess
insurance and shall furnish Landlord a certificate of said coverage .
( b ) Commercial General Liability Insurance . During the term(s) of this
Agreement , Tenant shall procure , maintain and pay for commercial general liability
insurance and automobile liability insurance providing coverage which protects Tenant
and Landlord , from any and all claims and liabilities for bodily injury and property
damage arising from operations , premises , fire , and other related issues . Such insurance
coverage shall have a combined single limit of not less than $ 1 , 000 , 000 . 00 . The
insurance policy shall name Landlord as an insured and shall be endorsed to include
provisions for at least thirty ( 30) days advance notice to Landlord by the insurer prior to
any policy change , amendment, termination, or expiration of coverage . Tenant shall
direct its insurance agent to provide Landlord with a policy , a copy of the additional
insured endorsement containing language no less restrictive than ISO Form CG 20 10 07
04 or ISO CG 20 33 07 04 , and a certificate of insurance stating that the coverages
as
provided herein are in force prior to the commencement date of this Agreement . Tenant ' s
insurance shall be primary and any other insurance that may be maintained by the City
shall be in excess of and shall not contribute with Tenant ' s insurance .
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13 . 1 Damage by Fire or Other Causes . In the event that any improvements
on the Premises are destroyed or so damaged by fire or other casualty as to be unfit for
occupancy or use , Tenant shall have the option to rebuild or repair the damaged
improvements at Tenant ' s expense or Tenant may choose to terminate this Agreement
and the tenancy shall thereby be ended . Landlord shall not be liable to rebuild, replace or
repair said premises for the benefit of Tenant .
14 . MAINTENANCE OF PREMISES:
(a) Tenant ' s Duties .
1 . Tenant agrees to make any and all repairs and improvements to the
buildings and other improvements constructed on the Premises, including, but not limited
to , the roof(s) , air conditioning , machinery, plumbing, wiring , pipes, electrical fixtures ,
and all other equipment associated with the buildings and other improvements located on
the Premises ;
2 . Tenant agrees to mow grass and maintain landscaping and shrubbery;
3 . Tenant agrees to perform day to day cleaning of the interior of the
improvements , such as mopping floors , cleaning restrooms , cleaning windows and
emptying the garbage to maintain the improvements in a clean and attractive condition ;
and
4 . Tenant agrees to install , at Tenant ' s sole expense , a security fence/gate
at the south end of the Premises per Landlord ' s specifications as required by the site plan .
5 . Tenant agrees to maintain the Access Easement as depicted in Exhibit
B .
(b ) Landlord ' s Duties .
1 . Landlord agrees to maintain the security fence/gate installed by Tenant
pursuant to (a) 4 , above .
2 . Landlord agrees to repair any damage done to the Access Easement as a
direct result of Landlord ' s use of the Access Easement as depicted in Exhibit B .
15 . RIGHT TO INSPECT.
The Landlord may enter and inspect the Premises at all reasonable hours to insure the
Premises are being properly maintained and kept in good condition .
16 . ASSIGNMENT OR SUBLEASE .
Tenant shall be permitted to assign, sublease or transfer any part of this Agreement with
prior written consent of Landlord to the SRA or Tenant ' s then current Transit Provider or
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Community Transportation Coordinator upon notice to Landlord . Tenant shall not
assign , sublease or transfer this Agreement to any other parties without the written
consent of Landlord . Tenant shall not mortgage or otherwise encumber the Premises or
any improvement thereon .
IT ATTORNEY ' S FEES AND COSTS .
In the event there arises any dispute or litigation over the terms and conditions of this
Agreement or Tenant ' s occupancy or use of the Premises each party shall be responsible
for its own attorney ' s fees , costs and suit money expended to resolve that dispute .
18 . NOTICE.
Any notices which are required, 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
Tenant at : To Landlord at .
Indian River County City of Vero Beach
Attn : Public Works Director Attn : City Manager
180127 1h Street 1053 20`h Place
Vero Beach, Florida 32960 P . O . Box 1389
Vero Beach , Florida 32961 - 1389
These addresses may be changed by either parte by providing written notification to the
other .
19 . RADON GAS .
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities may present health risks 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 testing may be obtained
from you county public health unit . This paragraph is included pursuant to the
requirement of Florida Statutes Chapter 404 . 056 for the purpose of public information
and notification .
20 . DEFAULT ; REMEDIES FOR DEFAULT .
(a) The following shall be deemed to constitute a default of the terms of this
Agreement :
1 . The failure by Landlord or Tenant to pay any amount of money due
under this Agreement ;
2 . The failure by Landlord or Tenant to comply with any other provision
or condition of this Agreement; or
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3 . The abandonment by Tenant of the Premises or any part of the
Premises .
(b) Landlord and Tenant shall have all remedies for any default by the other party
as provided for at law or in equity . This paragraph 20 shall be governed in accordance
with Landlord and Tenant law, Chapter 83 , Florida Statutes .
21 . SURRENDER AT END OF TERM.
Upon the expiration or termination of the Agreement, Tenant shall surrender the Premises
quietly and peaceably in substantially the same condition as it was at the outset of this
Agreement, reasonable wear and tear excepted . Tenant may be required , at Landlord ' s
discretion and at Tenant ' s sole expense, to remove any improvements or demolish any
structures upon termination of this Agreement .
22 , MISCELLANEOUS PROVISIONS .
(a) This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
(b) This Agreement and all attachments set forth all the promises, agreements ,
conditions, and understandings , either oral or written , between them . No subsequent
alteration, amendment, change , or addition to this Agreement or its attachments will be
binding on Landlord or Tenant unless in writing and signed by thein and made a part of
this Agreement by direct reference .
( c ) The tertiis of this Agreement shall be binding on the respective successors ,
contractors , representatives , agents , and assigns of the parties .
(d) This Agreement may be executed in one or more counterparts , each of which
shall be deemed an original and all which together will constitute one and the same
instrument .
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IN WITNESS WHEREOF, Landlord and Tenant, hereunto affixed our hands and
seals at Vero Beach, Indian River County, Florida, the day and year first above written .
ATTEST : BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY , FLORIDA �,o�e,S\`� ' ' t ' S: •.,�
B
Je ey R. Smit eph E . Flescher, Chairman o
Clerk of the Court
BCC Approved : April 161 2013 ••, *•. Jl, J =
Approved as to form and legal sufficiency :
Alan S . Bolac ich Sr.
County Atrorney
Approved :
jQ . Gin
oseph . Baird
County Administrator
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ATTEST : CITY OF VERO BEACH , FLORIDA
BY : ode. 01= By :
Tammy V ck A . Craig Fletcher
City Clerk Mayor
Approved as to form and legal Approved as conforming to
sufficiency : municipal policy :
ayr JR. Coment JaAnestk. O ' Connor
City AAomey City Manager
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• r
Property Description
Portion of City Storage Yard
(#2011-04) 'G.o Line Lease
August 18, 2011
EXHIBIT "A"
PROPERTY DESCRIPTION
LEASE OF NORTHERN PORTION OF CITY STORAAGE YARD
PARCEL #331-39-0.1 -000004000-00005,0
Situated in the State of Florida, County of Indian River, City of Vero Beach , and being a
portion or the Southwest Quarter of Section 1 lying west of the Florida East Coast Railroad and
south of 16th Street as described iri Official Record Book 82., Page 503 of the Pubild Records of
Indian River County and being more particularly bounded and described as follows: -
Commencing at an intersection of the south right of way of 16th Street and the west right
of way of the Florida East Coast Railroad ;
Thence South 18016'56" East along the west right of way of the Florida East Coast
Railroad for a distance of 229 .69 feet;
Thence South 71014'23" West for a distance of 304 .25 feet;
Thence North 18 ° 35' 01 " West for a distance of 48 . 35 feet;
Thence North 71 °46' 15" East for a distance of 5 . 08 feet;
Thence North 18'25'36" West for a distance of 186 . 83 feet to point on the south right
of way of 16th Street;
Thence North 72 ' 16' 52" East along the said south right of way 16th Street for a
distance of 299 . 89 feet to the. Point of Beginning;
Said parcel containing 69 , 870 square feet or 1 .60 acres more or less .
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Davi R. Gay, PS3 d . . a o? ;
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DEPARTMENT OF PUBLIC WORKS NORTHERN PORTION OF CITY STORAGE YARD CITY PROJECT N.a 2011 - 04
SURVEY DIVISION GO— LINE BUS DEPOT LEASE DATE DRWNeY CNKDBY ascwvnaN
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