HomeMy WebLinkAbout2012-019 ;.
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LEASE AGREEMENT .
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THIS LEASE AGREEMENT entered into as of this nth day of
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February 2012 , by the BOARD OF COUNTY COMMISSIONERS OF
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In INDIAN RIVER COUNTYn 11 , FLORIDA , a political subdivision of the State of Florida ,
( " Landlord " ) , 1801 27th Street , Vero Beach , FL 32960 and the School Board of Indian
In River County , Florida , located at 1990 25th Street , Vero Beach , Florida , 32960 ,
( "Tenant" ) .
WHEREAS , since 1982 , the Tenant has leased from the Landlord an office
building located at 1990 25th Street , which leased premises are more fully described on
Exhibit 1 attached hereto ( " Premises " ) ; and
WHEREAS , for a variety of reasons , the Tenant is contemplating moving to a
new location with larger office space ; and
WHEREAS , until finding a more suitable location , the Tenant wishes to continue
leasing the Premises from the Landlord , under the terms and conditions set forth
In -
herein .
NOW, THEREFORE , in consideration of the mutual undertakings herein , and
other good and valuable consideration , the receipt and adequacy of which is hereby
acknowledged , the parties agree , as follows ,
II" In
II
In - 1 . Recitals . The above recitals are true and incorporated as a part of this
In
In document by reference herein .
2 . Prior Leases . This lease shall replace all prior leases between the parties for
the Leased Premises .
3 . Property , Rent and Term . The Landlord hereby leases the Premises to the
Tenant , and the Tenant hereby leases the Premises from the Landlord , Buildings # 1 ,
# 3 and Parking lot #2 as shown on Exhibit 1 attached and incorporated by reference
herein , for a term of one year commencing March 2012 and terminating on March 4 , If
2013 . The rent payable by the Tenant during the term shall be forty-five thousand
dollars ( $45 , 000 . 00 ) . Said amounts shall be payable monthly , in advance , in the
amount of three thousand seven hundred fifty ( $ 3 , 750 . 00 ) per month . The Tenant shall
be responsible for any sales tax that may be due on the rent . Areas A and B on Exhibit
1 are parking areas not belonging to or maintained by the Landlord . In I
4 . Renewal of Lease . This lease shall automatically renew for five ( 5 ) one ( 1 ) year
terms , unless either party delivers written notice of non - renewal to the other , no later
than sixty (60 ) days prior to expiration of the then existing term .
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LEASE AGREEMENT .
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THIS LEASE AGREEMENT entered into as of this nth day of
' InZI, In
February 2012 , by the BOARD OF COUNTY COMMISSIONERS OF
In I
In INDIAN RIVER COUNTYn 11 , FLORIDA , a political subdivision of the State of Florida ,
( " Landlord " ) , 1801 27th Street , Vero Beach , FL 32960 and the School Board of Indian
In River County , Florida , located at 1990 25th Street , Vero Beach , Florida , 32960 ,
( "Tenant" ) .
WHEREAS , since 1982 , the Tenant has leased from the Landlord an office
building located at 1990 25th Street , which leased premises are more fully described on
Exhibit 1 attached hereto ( " Premises " ) ; and
WHEREAS , for a variety of reasons , the Tenant is contemplating moving to a
new location with larger office space ; and
WHEREAS , until finding a more suitable location , the Tenant wishes to continue
leasing the Premises from the Landlord , under the terms and conditions set forth
In -
herein .
NOW, THEREFORE , in consideration of the mutual undertakings herein , and
other good and valuable consideration , the receipt and adequacy of which is hereby
acknowledged , the parties agree , as follows ,
II" In
II
In - 1 . Recitals . The above recitals are true and incorporated as a part of this
In
In document by reference herein .
2 . Prior Leases . This lease shall replace all prior leases between the parties for
the Leased Premises .
3 . Property , Rent and Term . The Landlord hereby leases the Premises to the
Tenant , and the Tenant hereby leases the Premises from the Landlord , Buildings # 1 ,
# 3 and Parking lot #2 as shown on Exhibit 1 attached and incorporated by reference
herein , for a term of one year commencing March 2012 and terminating on March 4 , If
2013 . The rent payable by the Tenant during the term shall be forty-five thousand
dollars ( $45 , 000 . 00 ) . Said amounts shall be payable monthly , in advance , in the
amount of three thousand seven hundred fifty ( $ 3 , 750 . 00 ) per month . The Tenant shall
be responsible for any sales tax that may be due on the rent . Areas A and B on Exhibit
1 are parking areas not belonging to or maintained by the Landlord . In I
4 . Renewal of Lease . This lease shall automatically renew for five ( 5 ) one ( 1 ) year
terms , unless either party delivers written notice of non - renewal to the other , no later
than sixty (60 ) days prior to expiration of the then existing term .
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5 . Termination of Lease by Tenant Notwithstanding the above , the Tenant may
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terminate this lease at anytime during the initial or any renewal term , by delivering
ninety ( 90 ) days written notice of termination to the LandlordI FITIN .
IN
6 . Use of Premises . The Tenant shall use the Premises for use of School Board
functions and office space for the Tenant ' s employees and for no other purpose .
I IN Tenant shall not use the premises , or any part thereof, or permit the same to be
used
IN
for any illegal , immoral , or improper purposes ; nor make , or permit to be made , any
disturbance , noise , or annoyance whatsoever detrimental to the Premises or the
IN I IF
comfort and peace of the inhabitants of the vicinity of the Premises .
7 . Property Leases "AS IS " . The Tenant agrees that the Premises are being
leased as is and that the Landlord makes no representation , warranty or guarantee of
the condition of the Premises or any of the improvements thereon . The Tenant has
TI) IN
examined the Premises and has determined that the Premises are suitable for the
TIN Tenant ' s purposes .
8 . Compliance with Applicable Law . The Tenant shall comply with all laws , rules ,
IN
ordinances , and regulations of the county , state and federal governments and agencies
IN IN ,
relating to the use of the Premises . Violation of any material law , rule , ordinance or
IN
regulation by the Tenant shall constitute a default of this leaseNNII .
F,1 IN 9 . Maintenance and Repairs . The Tenant shall repair and maintain the Premises
IN
and keep the Premises in a safe , clean and attractive condition . Upon expiration of the
lease , the Tenant shall surrender the Premises quietlIN
y and peaceably in substantially
IN
the same condition as the Premises were in at the start of the lease , reasonable wear
and tear excepted . The Landlord shall have no maintenance or repair obligation
concerning the leased Premises what so ever , without limitation , the Landlord shall
have no responsibility to repair or replace the roof of the Premises . Tenant shall notify
Landlord of any structural or non -structural repairs , or alterations made to the leased
IN
premises so Landlord may keep an accurate history concerning the building .
10 . Installation and Removal of Equipment and Personal Property . The Tenant
shall have the right to install on the Premises such equipment , fixtures and other items
necessary or convenient for its use of the Premises . All equipment and personal
property purchased by the Tenant and placed in , on , or about the Premises , including
OFF
ITT equipment not affixed to the realty , shall remain the property of the Tenant . The Tenant
may remove such equipment and personal property on or before the termination of the
s leaseIN
provided that if such removal results in damage to any part of the Premises , the
IN
Tenant shall repair such damage prior to termination of the lease . Any of the Tenant ' s
IF 11
NI equipment or personal property not attached or installed in any building or structure
I FIT shall remain the Tenant ' s property and may be removed on or prior to termination of the
lease .
11 . Public Utilities , The 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 the Tenant ' s use of the Premises .
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5 . Termination of Lease by Tenant Notwithstanding the above , the Tenant may
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terminate this lease at anytime during the initial or any renewal term , by delivering
ninety ( 90 ) days written notice of termination to the LandlordI FITIN .
IN
6 . Use of Premises . The Tenant shall use the Premises for use of School Board
functions and office space for the Tenant ' s employees and for no other purpose .
I IN Tenant shall not use the premises , or any part thereof, or permit the same to be
used
IN
for any illegal , immoral , or improper purposes ; nor make , or permit to be made , any
disturbance , noise , or annoyance whatsoever detrimental to the Premises or the
IN I IF
comfort and peace of the inhabitants of the vicinity of the Premises .
7 . Property Leases "AS IS " . The Tenant agrees that the Premises are being
leased as is and that the Landlord makes no representation , warranty or guarantee of
the condition of the Premises or any of the improvements thereon . The Tenant has
TI) IN
examined the Premises and has determined that the Premises are suitable for the
TIN Tenant ' s purposes .
8 . Compliance with Applicable Law . The Tenant shall comply with all laws , rules ,
IN
ordinances , and regulations of the county , state and federal governments and agencies
IN IN ,
relating to the use of the Premises . Violation of any material law , rule , ordinance or
IN
regulation by the Tenant shall constitute a default of this leaseNNII .
F,1 IN 9 . Maintenance and Repairs . The Tenant shall repair and maintain the Premises
IN
and keep the Premises in a safe , clean and attractive condition . Upon expiration of the
lease , the Tenant shall surrender the Premises quietlIN
y and peaceably in substantially
IN
the same condition as the Premises were in at the start of the lease , reasonable wear
and tear excepted . The Landlord shall have no maintenance or repair obligation
concerning the leased Premises what so ever , without limitation , the Landlord shall
have no responsibility to repair or replace the roof of the Premises . Tenant shall notify
Landlord of any structural or non -structural repairs , or alterations made to the leased
IN
premises so Landlord may keep an accurate history concerning the building .
10 . Installation and Removal of Equipment and Personal Property . The Tenant
shall have the right to install on the Premises such equipment , fixtures and other items
necessary or convenient for its use of the Premises . All equipment and personal
property purchased by the Tenant and placed in , on , or about the Premises , including
OFF
ITT equipment not affixed to the realty , shall remain the property of the Tenant . The Tenant
may remove such equipment and personal property on or before the termination of the
s leaseIN
provided that if such removal results in damage to any part of the Premises , the
IN
Tenant shall repair such damage prior to termination of the lease . Any of the Tenant ' s
IF 11
NI equipment or personal property not attached or installed in any building or structure
I FIT shall remain the Tenant ' s property and may be removed on or prior to termination of the
lease .
11 . Public Utilities , The 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 the Tenant ' s use of the Premises .
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12 . Hold Harmless . To the extent allowed by law , and without waiving the limits of
sovereign immunity , the Tenant shall defend , hold harmless and indemnify the
Landlord , including the Landlord ' s commissioners , officers , employees and agents ,
from and against any and all claims , causes of actions , damages , liabilities and
expenses ( including reasonable attorney ' s fees ) arising out of or relating to ( i ) the
Tenant' s use of the leased property , or ( ii ) the Tenant ' s negligence , intentional
misconduct , violation of the terms of this lease , or violation of applicable law .
13 . Insurance . The Tenant , at the Tenant ' s expense , shall obtain and maintain the
following insurance policies during the term of the lease :
13 . 1 Renters Insurance . An insurance policy protecting Landlord
against any internal damage to the building , and a comprehensive general
liability policy protecting Landlord , including its commissioners , officers ,
employees and agents against all claims and demands that may arise or be
claimed on account of Tenant ' s use of the premises in an amount of at least
$ 200 , 000 for individual injuries and $ 300 , 000 per occurrence . The policy shall
be written by a carrier licensed to do business in Florida , who shall be
acceptable to the Landlord .
13 . 2 Insurance for the Building Tenant agrees to procure its own
insurance covering the buildings and leased premises against all damages
whether natural or caused by man in the amount of two million five hundred
thousand dollars ( $ 2 , 500 , 000 ) .
13 . 3 Special Requirements Ten ( 10 ) days prior to the
commencement of tenancy , a certificate of insurance shall be provided to the
Risk Manager for review and approval . The certificate shall provide for the
following :
A . Indian River County shall be named as an "Additional Insured "
on the general liability policy .
B . Indian River County will be given thirty ( 30 ) days ' notice prior to
cancellation or modification of any stipulated insurance . Such notice shall be in
writing by certified mail , return receipt requested , and addressed as follows :
Risk Manager ,
Indian River County
1800 27th Street
Vero Beach , FL 32960
13 . 4 Lapse in Coverage If the tenant allows insurance coverage
required under this lease to lapse , expire or be canceled it shall be an
immediate breach of the lease and grounds for eviction . -
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12 . Hold Harmless . To the extent allowed by law , and without waiving the limits of
sovereign immunity , the Tenant shall defend , hold harmless and indemnify the
Landlord , including the Landlord ' s commissioners , officers , employees and agents ,
from and against any and all claims , causes of actions , damages , liabilities and
expenses ( including reasonable attorney ' s fees ) arising out of or relating to ( i ) the
Tenant' s use of the leased property , or ( ii ) the Tenant ' s negligence , intentional
misconduct , violation of the terms of this lease , or violation of applicable law .
13 . Insurance . The Tenant , at the Tenant ' s expense , shall obtain and maintain the
following insurance policies during the term of the lease :
13 . 1 Renters Insurance . An insurance policy protecting Landlord
against any internal damage to the building , and a comprehensive general
liability policy protecting Landlord , including its commissioners , officers ,
employees and agents against all claims and demands that may arise or be
claimed on account of Tenant ' s use of the premises in an amount of at least
$ 200 , 000 for individual injuries and $ 300 , 000 per occurrence . The policy shall
be written by a carrier licensed to do business in Florida , who shall be
acceptable to the Landlord .
13 . 2 Insurance for the Building Tenant agrees to procure its own
insurance covering the buildings and leased premises against all damages
whether natural or caused by man in the amount of two million five hundred
thousand dollars ( $ 2 , 500 , 000 ) .
13 . 3 Special Requirements Ten ( 10 ) days prior to the
commencement of tenancy , a certificate of insurance shall be provided to the
Risk Manager for review and approval . The certificate shall provide for the
following :
A . Indian River County shall be named as an "Additional Insured "
on the general liability policy .
B . Indian River County will be given thirty ( 30 ) days ' notice prior to
cancellation or modification of any stipulated insurance . Such notice shall be in
writing by certified mail , return receipt requested , and addressed as follows :
Risk Manager ,
Indian River County
1800 27th Street
Vero Beach , FL 32960
13 . 4 Lapse in Coverage If the tenant allows insurance coverage
required under this lease to lapse , expire or be canceled it shall be an
immediate breach of the lease and grounds for eviction . -
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14 . Damage to Premise . In the event the Premises are destroyedI IF
or so damaged
by fire , storm or other casualty as to be unfit for occupancy or use , then this lease shall
terminate . The Landlord shall not be responsible to rebuild , replace or repair said
premises or to provide the Tenant with alternative rental space .
15 . Maintenance of Grounds and Exterior. The Landlord shall mow the lawns and
maintain the landscaping , trees and shrubbery on the Premises . The Tenant shall
maintain the automobile parking areas commonly used by employees and visitors to the
'Ink building driveways and the exterior of the building in a safe , clean and attractive
condition .
16 . Right to Inspect. The Landlord may enter and inspect the Premises at all
reasonable hours to insure that the Premises are being properly repaired and
maintained .
INN
IF
NI
17 . Assignment or Sublease The Tenant shall not assign , sublease or transfer any
III
part of this lease without prior written consent of the Landlord which may be withheld for
IV any reason . Tenant shall not encumber or mortgage the Premises , or its leasehold
interest in the Premises . This lease may be recorded with copies delivered to each
IF party .
18 . Default . In the event that either party breaches the terms and conditions of this
lease , the non - breaching party shall provide thirty ( 30) days written notice of breach and
NV
demand for cure . If the breach is not cured within the thirty ( 30 ) day period , the breach
IN shall constitute a default of this lease , and the non - breaching party shall be entitled
toI INN
all remedies at law or in equity .
V , I19 . Attorney ' s Fees and Costs In the event of any dispute or litigation arising
out
of or relating to the terms and conditions of this lease , each party shall pay their
own
costs and expenses of the dispute or litigation , including , without limitation , reasonable
attorney ' s fees incurred at the pre-suit , suit or appellate stages of the dispute or
litigation .
20 . Notice . Any notices which are required , or which either party may desire toIF
IV 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 ,
School District of Indian River County
Attention : Facilities Director
1990 25th Street
Vero Beach , Florida 32960
Notices to Landlord shall be addressed as follows : IN
Board of County Commissioners of Indian River County
Attention : Public Works Director IF
1801 27th Street
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14 . Damage to Premise . In the event the Premises are destroyedI IF
or so damaged
by fire , storm or other casualty as to be unfit for occupancy or use , then this lease shall
terminate . The Landlord shall not be responsible to rebuild , replace or repair said
premises or to provide the Tenant with alternative rental space .
15 . Maintenance of Grounds and Exterior. The Landlord shall mow the lawns and
maintain the landscaping , trees and shrubbery on the Premises . The Tenant shall
maintain the automobile parking areas commonly used by employees and visitors to the
'Ink building driveways and the exterior of the building in a safe , clean and attractive
condition .
16 . Right to Inspect. The Landlord may enter and inspect the Premises at all
reasonable hours to insure that the Premises are being properly repaired and
maintained .
INN
IF
NI
17 . Assignment or Sublease The Tenant shall not assign , sublease or transfer any
III
part of this lease without prior written consent of the Landlord which may be withheld for
IV any reason . Tenant shall not encumber or mortgage the Premises , or its leasehold
interest in the Premises . This lease may be recorded with copies delivered to each
IF party .
18 . Default . In the event that either party breaches the terms and conditions of this
lease , the non - breaching party shall provide thirty ( 30) days written notice of breach and
NV
demand for cure . If the breach is not cured within the thirty ( 30 ) day period , the breach
IN shall constitute a default of this lease , and the non - breaching party shall be entitled
toI INN
all remedies at law or in equity .
V , I19 . Attorney ' s Fees and Costs In the event of any dispute or litigation arising
out
of or relating to the terms and conditions of this lease , each party shall pay their
own
costs and expenses of the dispute or litigation , including , without limitation , reasonable
attorney ' s fees incurred at the pre-suit , suit or appellate stages of the dispute or
litigation .
20 . Notice . Any notices which are required , or which either party may desire toIF
IV 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 ,
School District of Indian River County
Attention : Facilities Director
1990 25th Street
Vero Beach , Florida 32960
Notices to Landlord shall be addressed as follows : IN
Board of County Commissioners of Indian River County
Attention : Public Works Director IF
1801 27th Street
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Vero Beach , Florida 32960
The above addresses may be changed by either party by providing written notification
to the other.
21 . 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 your 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 ,
22 . Waiver. No consent or waiver by the Landlord , expressed or implied , to any
breach of one or more of the terms and conditions of this lease by the Tenant , shall be
deemed to be a consent or waiver with respect to any other breach by the Tenant ,
IN WITNESS WHEREOF , we , the Landlord and the Tenant , hereunto affixed our
hands and seals at Vero Beach , Indian River County , Florida , the day and year first
above written ,
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY , FLORIDA
too
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By :
go
Gary C heeler , Chairman eU
ATTEST : BCCA roved :
pp February 7 2012
his '1100
By . � G •
Jeffrey K . Barton
• Clerk of Court
Approved as to form and legal sufficiency ,
i % County Attorney
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Vero Beach , Florida 32960
The above addresses may be changed by either party by providing written notification
to the other.
21 . 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 your 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 ,
22 . Waiver. No consent or waiver by the Landlord , expressed or implied , to any
breach of one or more of the terms and conditions of this lease by the Tenant , shall be
deemed to be a consent or waiver with respect to any other breach by the Tenant ,
IN WITNESS WHEREOF , we , the Landlord and the Tenant , hereunto affixed our
hands and seals at Vero Beach , Indian River County , Florida , the day and year first
above written ,
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY , FLORIDA
too
o * *
•� "`
•• � .
�a ti4; 64
By :
go
Gary C heeler , Chairman eU
ATTEST : BCCA roved :
pp February 7 2012
his '1100
By . � G •
Jeffrey K . Barton
• Clerk of Court
Approved as to form and legal sufficiency ,
i % County Attorney
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