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Home My WebLink About2013-062 113 LEASE AGREEMENT 0 13 " 0601 THIS 60- THIS AGREEMENT is entered into this 1st day of April , 2013 , by Indian River County, a political subdivision of the State of Florida , " Lessor" , whose address is 1801 27th Street, Vero Beach , Florida 32960 , and Youth Guidance Donation Fund of Indian River County, Inc . , a not for profit corporation organized under the laws of the State of Florida , " Lessee" , whose address is P . O . Box 121 , Vero Beach , Florida 32961 . WHEREAS , the Lessor is the owner of real property located at 1028 20th Place , Vero Beach , FL 32960 , commonly known as the Old Library; and WHEREAS , the Lessee is a not for profit corporation organized for the purposes of providing mentoring and activities programs for youths of Indian River County and thereby promotes community interest and welfare for the citizens of Indian River County ; and WHEREAS , Lessee has been occupying a portion of that property, ( Leased Premises) without a formal written lease for the past several years , and WHEREAS , the Lessee has applied to the Lessor for a lease of that portion of the Leased Premises that it is currently occupying ; and WHEREAS , the Leased Premises is not needed for County purposes and Lessee desires to use the Leased Premises to continue to promote community interest and welfare ; and WHEREAS , the Board of County Commissioners of Indian River County has adopted a resolution approving this lease pursuant to Section 125 . 38 , Florida Statutes (2012) ; and WITNESSETH , that in consideration of the covenants herein contained , on the part of the Lessee to be kept and performed , the Lessor does hereby lease to the Lessee a portion of that certain real property located at 1028 20th Place , Vero Beach , Florida , and more particularly described as : Langwick Subdivision , Block 1 , Lots 27 to 39 INC , PBI 1 -32 The Lessor and Lessee agree as follows : 1 . The above recitals are true and correct and incorporated into this lease . 2 . TERM AND RENT . This lease shall run for a period of one ( 1 ) year from the 1St day of April , 2013 , to the 31St day of March , 2014 , The Lessee shall pay annual rent of one dollar ($ 1 . 00) ; the year's rent being due on April 1 , 2013 . 3 . UTILITIES . The Lessor shall pay the following utilities : water, electricity and sewer charges which may be assessed upon the premises during the lease term . 4 . LICENSES . As a condition of the lease , Lessee shall obtain and maintain any required childcare licenses and permits in compliance with applicable laws and ordinances . 5 . WASTE . The Lessee shall not cause , commit, or permit any waste of the premises , nor make any unlawful , improper or offensive use of same . 6 . SIGNAGE . Any signage shall be in compliance with applicable laws and ordinances . 7 . PROPERTY LEASED "AS IS " . The premises are leased in "as is" condition , without warranty or representation as to the condition or suitability of the premises or any improvements thereon . Lessee has examined the Leased Premises and agrees that they are acceptable and suitable for Lessee's purposes . 8 . MAINTENANCE AND REPAIRS . Lessor shall maintain the interior and exterior of the Leased Premises in a safe , clean and attractive condition , and shall make all necessary repairs so that the Leased Premises are maintained during the term of - the lease in substantially the same condition as they were at the beginning of the lease , reasonable wear and tear excepted . Lessee shall surrender the Leased Premises at termination or expiration of the lease , in substantially the same condition as they were at the beginning of the lease , reasonable wear and tear excepted . 9 . LESSOR `S RIGHT TO INSPECT/REPAIR. Lessor may enter and inspect the Leased Premises at any time upon reasonable notice to determine whether the premises are in need of maintenance or repair. Lessor shall have the right to make any repairs to the Leased Premises which , in . the sole discretion of Lessor, are necessary to protect and preserve the Leased Premises . 10 . ALTERATIONS AND IMPROVEMENTS . Lessee shall make no alterations or improvements to the Leased Premises without the express written consent of Lessor. 11 . INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES . Lessee shall have the right to install on the Leased Premises such equipment and other items necessary or convenient for Lessee' s use of the premises . All equipment and items purchased by Lessee and placed in , on , or about the Leased Premises , shall remain the property of Lessee . Lessee may remove such equipment or items on or before the termination or expiration of this lease . Notwithstanding the above , if installation of any equipment or item requires any significant alteration or modification of the premises , such equipment or item shall not be installed without the express written approval of the Lessor. Also , if removal of any equipment or items causes damage to the Leased Premises , such equipment or item shall not be removed unless , immediately following removal , Lessee restores the premises to substantially the same condition as they were 2 at the beginning of the lease . Lessee shall remove all of Lessee' s personal property which is not attached or affixed to the Leased Premises prior to termination or expiration of the lease . 12 . ASSIGNMENT. The Lessee shall not assign this lease or sublet the premises or any part thereof without the prior written consent of the Lessor. 13 . INSURANCE . The Lessee shall at all times during the term hereof, carry commercial liability insurance against personal injury and property damage with a company authorized to do business in the State of Florida with a Best Key Rating of A. VII , protecting Indian River County against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Lessee of the subject property and Lessee's improvements and equipment in connection therewith and located therein . Said insurance shall name Indian River County, a political subdivision of the State of Florida , as an additional insured with limits of coverage not less than $ 1 million per occurrence combined single limit for bodily injury and property damage . The Lessee shall supply written proof of insurance to Lessor within 15 days of the date this lease is executed , and shall continue to supply such proof to Lessor each term such insurance coverage is renewed . Failure to maintain said insurance shall automatically terminate this lease . The Lessee shall at all times during the term hereof, carry Worker' s Compensation insurance as required by the State of Florida with a company authorized to do business D n the State of Florida in the amounts of: Each Accident $ 100 , 000 Each Disease — Each Employee$ 100 , 000 Each Disease — Policy Limit $500 , 000 The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its Intent to cancel or terminate said policies of insurance 14 . INDEMNIFICATION . The Lessee shall defend , indemnify and hold harmless the Lessor and its commissioners , officers , employees and agents , from any and all losses , damages , expenses ( including reasonable attorneys' fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence , intentional tort, breach of contract , or breach of applicable law by the Lessee , or its employees , agents , subcontractors , or other persons or entities performing duties under the lease . . 3 15 . USE . Lessee shall not use or permit any part of the premises to be used for any illegal , immoral or improper purpose , or in any manner which creates a nuisance , disturbance or annoyance to other persons or properties in the vicinity of the Leased Premises . The Lessee' s use of the leased Premises facilities shall provide services to Indian River County families and will be available to families in a non-discriminatory manner and designed to accommodate and serve significant segments of families in need within Indian River County ; provided , however such use must be approved as a use authorized under the Land Development Regulations and Comprehensive Plan of Indian River County , Florida . 16 , NOTICE OF BREACH . A breach of any of these covenants by the Lessee shall be grounds for the Lessor to terminate this lease , except that before such termination , the Lessee shall be entitled to fifteen ( 15) days' written notice and an opportunity to cure the breach within such period . Notice of breach may be by U . S . mail directed to any officer of Lessee , or to Lessee at Lessee's corporate address or at the Leased Premises , and shall be effective upon mailing , or by hand delivery to any officer of Lessee or to any managerial employee of Lessee . 17 , TERMINATION . This agreement shall terminate upon its natural expiration and shall not automatically renew. This Agreement shall terminate automatically if the Lessee vacates the premises or ceases to use the subject property for the provision of Youth Guidance services for more than thirty (30) days , or if the Lessee ceases to exist as a not-for-profit corporation organized under the laws of the State of Florida . Lessor may terminate this Lease Agreement prior to its natural expiration if it determines that it needs the subject property for county purposes by providing at least one hundred twenty ( 120) days' written notice to Lessee . Lessee may terminate this Lease Agreement by providing at least sixty (60) days' written notice of such termination to Lessor. 18 . NOTICE . Any notice required by this lease , 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 , addressed to Lessee at: To Lessor at: Youth Guidance Indian River County Attention : Director Attn : Asst County Administrator P . O . Box 121 1801 27th Street Vero Beach , Florida 32961 Vero Beach , Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party . The remainder of this page was left blank intentionally . 4 I IN WITNESS WHEREOF, this Lease was executed by the parties as follows : LESSEE LESSOR w„ ,, ,, ,, .. . YOUTH GUIDANCE DONATION BOARD OF COUNTY COMMISSI ! � so-,,,, FUND OF INDIAN RIVER COUNTY , INDIAN RIVER COUNTY , FLORI ` R?• ' ' '• �F�� ° V � •��4 INC . s f : a a ': � a a aIt 0 atl ' a O ,• Randy Tremblay, Board Cha' eph E . Flesdier, Chairman °° ;�R tour 'gat b d bbba4atltltltltl Approved by BCC Marry , g � 201 ' Witness Attest : (print namep Jeffrey R . Smith , Clerk of Circuit Court and Comptroller By : CSP Approved as to Form and Legal Deputy Clerk Sufficiency , P William K. DeBraal , County Attorney seph . Baird ounty Administrator 5