HomeMy WebLinkAbout2008-113RESOLUTION NO, 2008- 113
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY
INTEREST LEASE AGREEMENT WITH THE BOYS AND GIRLS CLUB
OF INDIAN RIVER COUNTY, INC., FOR INDIAN RIVER COUNTY
PROPERTY AT 17TH AVENUE.
WHEREAS, on April 22, 2008, the Boys and Girls Club of Indian River County, Inc. ("Club"),
requested that the Board of County Commissioners consider leasing certain County -owned property
at 17th Avenue ("Property") to the Club for construction of a new youth center thereon; and
WHEREAS, the Board of County Commissioners finds that such a use of County Property
promotes the County interests and welfare; and
WHEREAS, the Club is a Florida non-profit corporation and a corporation organized
exclusively for charitable, religious, literary, scientific, and educational purposes as set forth in section
501(c)(3) of the Internal Revenue Code of 1986, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDAIN RIVER COUNTY, FLORIDA:
1. The Board finds that the Property is not needed for County purposes;
2. The Board finds that the Club has made application as required by Florida Statutes section
125.38 for a lease of the Property;
3. The Board approves, and authorizes the Chairman to execute, a Lease Agreement between
the Board and Club, in the form set forth in the attached Exhibit "A" for a term of fifty (50)
years at a rental rate of One Dollar ($1.00) per year payable in advance;
4. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections
125.38 and 125.01.
The foregoing Resolution was offered by Commissioner Wesley S. Davis ,,,�..,apd seconded
by Commissioner Joseph E. Fl escher , and, upon being put to a vote, the vQWwas %5,40jPws:
rfl
Chairman Sandra L. Bowden Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Gary C. Wheeler Aye ;Y 40
.' st6e
The Chairman thereupon declared the Resolution duly passed and.j' tt-d `f i�s'E2th day of
August, 2008. b
INDIAN RIVER COUNTY, FL09 [5A
Attest: J. K. B n, Clerk BOARD OF COUNTY CO IONERS
By B
Dep ty Clerk 4dra L
to form and legal
Marian E. Fell `` ��� ",/
Senior Assistant County Attorney
NON-PROFIT LEASE
Between
INDIAN RIVER COUNTY
and
BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC.
THIS LEASE AGREEMENT ("Lease") is entered into this 1St day of September, 2008
("Effective Date"), by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, 1800 27th Street, Vero Beach, FL 32960 ("County"), and BOYS AND GIRLS
CLUB OF INDIAN RIVER COUNTY, INC., a Florida non-profit corporation, 2926 Piper Drive,
Building 13, Vero Beach, FL 32960 ("Tenant").
BACKGROUND RECITALS
A. Indian River County is authorized, pursuant to Florida Statutes Section 125.38, to lease
real property owned by Indian River County to not-for-profit organizations organized for the
purposes of promoting community interest and welfare; .
B. The Boys and Girls Club of Indian River County, Inc. is a Florida non-profit corporation
and a corporation organized exclusively for charitable, religious, literary, scientific, and
educational purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986,
as amended;
C. As required in accordance with Florida Statutes section 125.38, the Boys and Girls Club
of Indian River County, Inc. made application to the County for a non -for-profit lease of
certain premises located at 17th Avenue and owned by the County.; and
D. The Indian River County Board of County Commissioners finds that use of public lands by
the Boys and Girls Club of Indian River County, Inc. constitutes a public use and benefit.
NOW THEREFORE, in accordance with the mutual covenants hereinafter contained
and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
ARTICLE 1. LEASED PREMISES; DESCRIPTION; DISCLAIMER
1.1. Description. The County hereby leases to Tenant those certain premises in Indian River
County consisting of an area that is approximately 1.37 acres of land having a street address
of 1725-1729 17th Avenue, Vero Beach, Florida 32960 (the "Leased Premises"), more
particularly described in Exhibit A, attached hereto and incorporated herein by this reference
in its entirety.
1.2. Disclaimer. Tenant expressly acknowledges and agrees: (a) that it has inspected the
Leased Premises and accepts the same As Is, Where Is in the condition existing as of the
Effective Date, together with all defects, latent and patent, if any; (b) that County has made
no representations or warranties of any nature whatsoever regarding the Leased Premises
including, without limitation, the physical conditions of the Leased Premises; any
improvements located thereon; availability of utilities; or the suitability of the Leased Premises
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for Tenant 's intended use; (c) that Tenant is entering into this Lease based on its own
independent investigation of the Leased Premises and has satisfied itself as to the general
and local conditions, particularly those bearing on the availability of water, sewer, electric
power, communications facilities, and road access; and (d) that the County assumes no
responsibility or obligation to provide any facilities of any nature whatsoever at the Leased
Premises and/or in connection with the operation of the Facility, except as may be
specifically set forth in this Lease.
ARTICLE 2. RENT. The rent due under this Lease is one dollar ($1) per year, payable
without demand on September 1, 2008, and each succeeding September 1 thereafter during
the term of this Lease at the Finance Department office of County or such other place as
County may from time to time designate by written notice given to Tenant.
ARTICLE 3. TERM. The term of this Lease shall be for a period of fifty (50) years,
commencing on September 1, 2008 and ending August 31, 2058, subject to sooner
termination as set forth herein. The parties may renegotiate for an extension of the Lease
term upon a commitment by Tenant to undertake a major renovation of the Facility during the
life of the Lease.
ARTICLE 4. CONDITION PRECEDENT TO LEASE; CONSTRUCTION OF FACILITY BY
TENANT.
4.1 In accordance with the terms of this Lease, Tenant contemplates constructing a youth
center and other improvements on the Leased Premises that is no less than 8,000 square
feet in the standard style of a Boys and Girls Club facility to include sufficient parking for its
purposes (the building, other improvements, and parking sometimes hereinafter collectively
referenced as the "Facility"; the Leased Premises and the Facility sometimes hereinafter
collectively referenced as the "Premises"). Tenant acknowledges and agrees that a specific
condition precedent to the continuation of this Lease is that Tenant commences construction
of the Facility planned by Tenant on the Leased Premises on or before July 30, 2009, and
thereafter diligently prosecutes such construction to completion. The Facility shall be
completed no later than eighteen (18) months after commencement of construction. Tenant
shall obtain the written approval of the County Community Development Director prior to filing
a site plan application with the City of Vero Beach. After receipt of site plan approval, Tenant
shall apply for a building permit to construct the Facility in accordance with the approved site
plan.
4.2. The County, in its sole discretion, may, but is not obligated to, extend the time periods
set forth herein, for good cause shown by Tenant, or for reasons beyond the control of
Tenant. Absent such extension granted by the County, failure to satisfy the conditions of this
Article may be grounds for termination of the Lease and the County shall provide notice to
Tenant, as set forth herein, of the termination date and, thereafter, the parties shall have no
further obligations under this Lease.
4.3. County and Tenant acknowledge and agree that Tenant shall own the Facility during the
term of this Lease and, upon termination of this Lease, the ownership of the Facility shall
revert to the County.
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ARTICLE 5. USE OF PREMISES.
5.1 The Premises shall be used exclusively by Tenant for purposes associated with the
traditional functions of a youth center in accordance with the standards of the Boys and Girls
Club of America, a national organization with a United States Congressional [federal] Charter,
and for no other use or uses and for no other use(s) except for occasional public and
community purposes, without the express written prior consent of County. During the times
that the Premises are not used by Tenant, it is anticipated that use of the Premises will be
occasionally provided to public or community groups for public uses consistent with the
purposes of the Facility. Occasional or variable use of the Premises by community groups
shall not be deemed an assignment or sublease of this Lease. Tenant may allow the use of
the Premises or any part thereof, or allow any other person to occupy or use the Premises or
any part thereof, on a more regular basis only with the prior written consent of County, and
further provided that any cost associated with such use is a nominal amount.
5.2. Tenant shall neither use or permit the use of the Premises, nor commit or permit the
commission of any acts on the Premises, that: (a) violates or conflicts with any law, statute,
ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted,
governing the Premises; (b) constitutes the commission of waste on the Premises; or (c) the
commission or maintenance of a nuisance.
5.3. Non -Discrimination. Tenant for itself, its permitted invitees pursuant to paragraph 5.1,
and permitted successors in interest, as a part of the consideration for this Lease, does
hereby covenant and agree that no person shall be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination in, the use of the Premises, and
services offered in or at the Premises on the basis of age, gender, disability, race, color,
national origin, creed, religion, or ancestry.
5.4. Prohibition on Alcoholic Beverages. Tenant acknowledges and agrees that it is
prohibited from selling, having, using, or providing, or allowing the sale, use, or provision of,
any alcoholic beverages of any nature whatsoever from, in, around, or in connection with, the
Leased Premises without the written prior consent of County.
5.5. Public Utilities. Tenant acknowledges and agrees that it shall be solely responsible to
obtain water, sewer, electric power, telephone, television, and solid waste removal services
for the Premises, including any associated security deposit or initial set-up charges. Further,
Tenant shall pay, within the time allowed for payment without penalties, all charges for water,
electricity, sewerage, trash disposal, and any and all other public or private utilities that may
arise from its use of the Premises.
5.6. The Tenant shall pay for all interior and exterior pest control for the Leased Premises,
and shall be responsible for lawn cutting within the Premises.
5.7. Emergency. During any federally, State of Florida, or locally declared disaster or other
emergency (herein "Emergency"), the County reserves the right to have the full and exclusive
use of the Premises, excepting, however, that portion of the Facility that is used by Tenant
as its main administration offices, for as long as reasonably necessary as the County, in its
sole discretion, acting as the Indian River County Emergency Services District, shall
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determine, for any and all appropriate governmental purposes in connection with such
Emergency
ARTICLE 6, ASSIGNMENT OR SUBLEASING. Tenant shall not in any manner, assign,
transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Lease, or
sublet the Leased Premises or any part thereof (any one of the foregoing events hereinafter
referenced as an "Assignment"), without the prior written consent of the County, which
consent may be granted, conditioned, or withheld at County's sole discretion for any reason.
Any such attempted Assignment without County approval shall be null and void.
ARTICLE 7. MAINTENANCE AND REPAIRS. Tenant shall, at all times during the term of
this lease and any renewal or extension thereof, maintain, at Tenant's sole cost and expense,
the Premises and every part of the Premises, in a good, clean, and safe condition, free of
pests. Tenant hereby waives any right to make repairs to the Premises at the expense of
County as provided by any law or statute now or hereafter enacted. In the event of a
situation that, in the reasonable judgment of the County, requires that immediate emergency
repairs be performed to any part of the Premises, the County may perform the same with or
without notice to Tenant, and Tenant shall reimburse County in full and in a timely manner for
all reasonable expenses incurred by County in connection with such emergency repairs.
ARTICLE 8. PERSONAL PROPERTY TAXES. Tenant shall pay, before they become
delinquent, all taxes, assessments, or other charges levied or imposed by any governmental
entity on the furniture, trade fixtures, appliances, and other personal property placed by
Tenant in, on, or about the Premises including, without limiting the generality of the other
terms used in this section, any shelves, counters, vaults, partitions, fixtures, machinery,
equipment, office equipment, television or radio antennas, or communication equipment
brought on the Premises by Tenant.
ARTICLE 9. REAL PROPERTY TAXES. County and Tenant acknowledge and agree that,
as of the date of this Lease, current Florida law contains an exemption from ad valorem
taxation for the Premises when the Premises are leased to a nonprofit corporation providing a
public purpose or function, as such term is defined in Florida Statutes section 196.012(6).
Tenant acknowledges and agrees that Tenant shall be responsible for any and all ad
valorem taxes levied or assessed against the Premises, including any special assessments
imposed on or against the Premises for the construction or improvement of public works, and
shall pay the same when due, if the applicable law changes during the term of this Lease with
respect to such tax exemption.
ARTICLE 10, INSURANCE PROVISIONS; DAMAGE.
10.1. Property Casualty. The Tenant shall at its sole cost procure and keep in effect standard
policies of property casualty, fire, and extended coverage insurance in an amount equivalent
to the appraised value of the Facility, together with any other types of liability coverages
deemed necessary by Tenant for the activities to be conducted at the Premises. Upon
request, the Tenant shall provide to the County a certificate of such insurance with evidence
of the payment of the premium therefor and/or copies of such policies. The County shall
have no obligation whatsoever to keep the Leased Premises, the Facility, or any personal
property used in connection with the Premises, insured. Any policy of insurance required
pursuant to this Lease shall be issued by an insurance company authorized to engage in
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business in the State of Florida that has a rating of at least A -VI by A.M. Best and Company.
All such insurance shall contain a clause preventing cancellation of any coverage before
thirty (30) days written notice to the County and shall name the County as an additional
insured.
10.2 Liability. Tenant shall, at its own cost and expense, secure within 15 days of
commencement of construction on the Facility, and maintain during the entire term of this
Lease, and any renewals or extensions, a broad form comprehensive coverage policy of
public liability insurance issued by an insurance company acceptable to County and insuring
the County against loss or liability caused by or connected with Tenant's occupation and use
of the Premises under this Lease in amounts not less than:
(a) $200,000 for injury to or death of one person and, subject to such limitation for
the injury or death to one person, of not less than $1,000,000 for injury to or death of two or
more persons as a result of any one accident or incident; and
(b) $500,000 for damage to or destruction of any property of others; or
(c) Such higher amount as may be set as the liability limits under the waiver of
sovereign immunity provisions of law for the occurrences described in subsections (a) and
(b).
10.3. Loss Deductible Payment. The County shall be exempt from, and in no way liable for,
any sums of money that may represent a � deductible under any insurance policy. The
payment of any such deductible shall be the sole responsibility of the Tenant.
10.4. No Liability For Damage Or Iniury. The County shall not be liable for any damage or
injury that may be sustained by any party or persons in, at, on, or about the Premises.
10.5. Damage. Tenant shall repair all damage to the Premises caused by the Tenant, its
employees, agents, invitees, servants, or independent contractors in connection with the
operation of the Leased Premises.
ARTICLE 11. DESTRUCTION OF FACILITY.
11.1 In the event the Facility erected on the Leased Premises is destroyed or damaged by
fire or other casualty, the County shall have no responsibility or obligation to make any
expenditures whatsoever toward the repair and/or replacement of the Facility. Tenant, at its
option, shall either:
(a). Cause the Facility to be replaced or the damage to be repaired as rapidly as
practicable,
(b). If the damage involves an insubstantial portion of the Facility, elect not to repair the
damages to the Facility and continue in the Lease.
(c). If the damage involves a substantial portion of the Facility, elect not to repair the
damages to the Facility and terminate the Lease.
11.2. In the event the Tenant elects to repair and/or replace the Facility on the Leased
Premises, the County shall have no claims against any insurance proceeds paid to the
Tenant on account of such damage and/or destruction. Provided, however, that the repaired
and/or replaced Facility is repaired/replaced in a manner equal to or better than the Facility
being repaired or replaced. Tenant acknowledges and agrees that Tenant shall have the
5
sole responsibility for the demolition costs incurred in the event that Tenant elects not to
repair the damages to the Facility and terminates the Lease.
11.3. In the event the Tenant, at its option, elects not to repair and/or replace the Facility
upon the Leased Premises, the County shall be entitled to such portion of any insurance
proceeds equal to the County's good -faith estimate of the cost to remove all remaining
portions of the damaged or destroyed Facility and all rubble or debris resulting from the
casualty. The County shall be entitled to such amounts even if the County decides to
rehabilitate the Facility. Thereafter, any remaining proceeds shall be the sole property of
Tenant.
ARTICLE 12, ALTERATIONS. Tenant shall not make, or permit any other person, to make
alterations to the Premises without the prior written consent of County. Should County
consent to the making of any alterations to the Premises by Tenant, the alterations shall be
made at the sole cost and expense of Tenant by a contractor or other person selected by
Tenant and approved in writing by County before any such work commences. Any and all
alterations, additions, or improvements made to the Premises shall on expiration or sooner
termination of this Lease become the property of County and remain on the Leased
Premises.
ARTICLE 13, INSPECTION BY COUNTY. Tenant shall permit County or County's agents,
representatives, or employees to enter the Premises at all reasonable times for the purpose of
inspecting the Premises to determine whether Tenant is complying with the terms of this Lease
and for the purpose of doing other lawful acts that may be necessary to protect County's interest
in the Premises under this Lease.
ARTICLE 14, ACTS CONSTITUTING BREACHES BY TENANT. Tenant shall be guilty of a
material default and breach of this Lease should: (a)Tenant default in the performance of, or
otherwise breach, any provision, covenant, or condition of this Lease and such default or
breach is not cured within thirty days after written notice thereof is given by County to Tenant;
or (b) Tenant breaches this Lease and abandons the Premises before the expiration of the
term of this lease.
ARTICLE 15, COUNTY'S REMEDIES FOR TENANT'S DEFAULT Should Tenant be guilty
of a material default and breach of this Lease as defined in this Lease, County, in addition to
any other remedies given to County at law or in equity, may terminate Tenant's right to
possession of the Premises and recover and regain possession of the Premises in the
manner provided by the laws of the State of Florida.
ARTICLE 16, WAIVER OF BREACH. The waiver by County of any breach by Tenant of any
of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any
subsequent breach by Tenant either of the same or another provision of this Lease.
ARTICLE 17, SURRENDER OF PREMISES. Upon the expiration or sooner termination of
this Lease, or any extensions, Tenant shall peaceably and quietly surrender and deliver the
Premises to County broom clean, and in thorough repair; good order; and safe condition,
reasonable wear and tear excepted. Tenant shall, at Tenant's sole expense, remove all of
Tenant's personal property and those improvements made by Tenant that have not become the
property of County, and repair all injury done by or in connection with the installation or removal
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of the personal property and improvements. All property of Tenant remaining on the Leased
Premises after the applicable last day of this Lease shall be conclusively deemed abandoned
and may be removed by County, and Tenant shall reimburse County for the cost of such
removal. County may have any such property stored at Tenant's risk and expense. It is the
intention of the parties to this Lease that all furnishings and equipment as defined under the
laws of the State of Florida purchased or leased by Tenant, shall be and will always remain the
personal property of the Tenant.
ARTICLE 18. INDEMNITY. Tenant shall indemnify and hold the County and the property of
County, including the Premises, free and harmless from any and all liability, claims, loss,
damages or expenses, including counsel fees and court costs, arising by reason of the death or
injury of any person, including Tenant or any person who is an employee, agent, or invitee of
Tenant, or by reason of damage to or destruction of any property, including property owned by
Tenant or any person who is an employee or agent of Tenant, caused or allegedly caused by
some act or omission on the Premises by Tenant or any employee, agent, invitee or servant of
the Tenant, other than County, or an employee or agent of County.
ARTICLE 19. NOTICES,
19.1 Any notice, report, statement, approval, consent designation, demand or request to be
given and any option or election to be exercised by a party under the provisions of this Lease
shall be effective only when made in writing and delivered (or mailed by registered or certified
mail with postage prepaid) to the other party at the address given below:
County: Indian River County
180027 1h Street
Vero Beach, FL 32960
Attn: General Services Director
Tenant: Boys and Girls Club of Indian River, Inc.
P.O. Box 3068
Vero Beach, FL 32964
Attn: President and CEO
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change.
ARTICLE 20. GENERAL PROVISIONS,
20.1. Quiet Enioyment. If and so long as Tenant performs all of its obligations under this
Lease, County covenants that Tenant shall and may quietly hold and enjoy the Leased
Premises, subject to any applicable laws, ordinances, and governmental regulations, and to
any governmental actions.
20.2. Costs. If any legal action or other proceeding is brought for the enforcement of this
Lease or because of an alleged dispute, breach, default, or misrepresentation in connection
with any provisions of this Lease, each party shall bear its own costs.
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20.3. Survival. Except as otherwise expressly provided herein, each obligation in this Lease
to be performed by Tenant shall survive the termination or expiration of this Lease.
20.4. Severability. If any term, covenant or provision of this Lease, or the application thereof
to any person or circumstances shall, to any extent, be held invalid or unenforceable for the
remainder of this Lease, then the application of such terms or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and each and every other term and provision of this Lease shall be deemed valid
and enforceable to the fullest extent permitted by law.
20.5. Captions. Captions in this Lease are included for convenience only and are not to be
considered in any construction or interpretation of this Lease or any of its provisions.
20.6. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine or neuter, singular or plural, as the identity of the party or parties may
require. The parties hereby acknowledge and agree that each was properly represented by
counsel or had the opportunity so be represented, and this Lease was negotiated and drafted
at arm's-length so that the judicial rule of construction to the effect that a legal document shall
be construed against the drafter shall be inapplicable to this Lease.
20.7 Entirety of Lease. This Lease incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
the subject matter of the Lease that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written.
20.8. No Pledge of Credit. The Tenant shall not pledge the County's credit or make it a
guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form
of indebtedness.
20.9. Public Records. The Tenant shall comply with the applicable provisions of Chapter
119, Florida Statutes (Public Records Law) in connection with the terms and conditions of this
Lease.
20.10. Counterparts. This Lease may be executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and the
same instrument.
20.11. General. The Background Recitals are true and correct and form a material part of
this Lease.
REMAINDER OF PAGE INTENTIONALLY BLANK
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this
Lease upon the terms and conditions above stated on the day and year first written above.
Attest: J. K. Barton, Clerk
[seal]
Dep
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
San -1,a L. Bowden, Chairman
Approved:
J04 p A. Baird
County Administrator
as to form and legal sufficiency:
e
Senior Assistant County Attorney
BOYS AND GIRLS CLUB OF INDIAN RIVER
COUNTY, INC., a Florida non-profit corporation
[seal]
7y- \�
Ronnie L. Hewett, President
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