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HomeMy WebLinkAbout2001-042 RESOLUTION NO. 2001-042 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE OF COUNTY PROPERTY TO ROSS SMALL WORLD INCORPORATED. WHEREAS, Indian River County owns certain real property and improvements, commonly known as the Pleasant Ridge School, which are located north of 65th Street between Old Dixie Highway and U.S. Highway One; and WHEREAS, Ross Small World Incorporated has made application to Indian River County to lease the Pleasant Ridge School for operation as a child care center; and WHEREAS, the Board of County Commissioners has found that the property is not currently needed for County purposes and that the use of the property for the provision of child care services to families would promote the general health, safety, and welfare of the citizens of Indian River County, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. That the application of Ross Small World Incorporated for a lease of certain real property and facilities as described in Exhibit "A" attached is hereby approved. 2. That the leased property is to be used for child care services to families. 3. That the term of the Lease will be for ten (10) years. 1/2001RESO(LEGAL)WGC/nhm 1 RESOLUTION NO. 2001- 042 4. That the rental consideration for the Lease shall be One Dollar ($1.00) per year, payable Ten Dollars ($10.00) in advance. The resolution was moved for adoption by Commissioner Stanbridge, and the motion was seconded by Commissioner Ad a m s , and, upon being put to a vote, the vote was as follows: Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge AyP Commissioner Fran B. Adams Aye Commissioner Kenneth R. Macht AyP Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 10 t hday of April, 2001. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA y Caroline D. Ginn, Chairan AT effrey K. Bart rk ; B 1C�2�c�c� Indian Rive Ca Approved Da e Deputy Clerk Admirl 'i 1W 410- Legal Llet fie Budget Dept. Risk Mgr. 1/2001RESO(LEGAL)WGC/nhm 2 LEASE AGREEMENT THIS AGREEMENT is entered into this 10 t h day of A p r i 1 2001 by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, "Lessor," whose address is 1840 25"' Street, Vero Beach, Florida 32960, and ROSS SMALL WORLD, INCORPORATED, a not for profit corporation organized under the laws of the State of Florida, "Lessee,"whose address is 5620 47"' Street, Vero Beach, FL 32967. WHEREAS, the Lessor is the owner of real property located at 6500 Old Dixie Highway, Winter Beach, Florida; and WHEREAS, the Lessee is organized for the purposes of promoting community interest and welfare by providing childcare services including subsidized childcare for qualified families in Indian River County; and WHEREAS, the Lessee has applied to the Lessor for a lease of the subject property; and WHEREAS, the subject property is desired by the Lessee for families in need of childcare and subsidized childcare services in Indian River County, and it is not needed for county purposes and such use is in the public interest; and WHEREAS, the Board of County Commissioners of Indian River County has adopted a resolution pursuant to Section 125.38, Florida Statutes (2000), WITNESSETH, that in consideration of the covenants herein contained, on the part of the said Lessee to be kept and performed, the Lessor does hereby lease to the said Lessee that certain real property located at 6500 Old Dixie Highway, Winter Beach, Florida, and more particularly described as: That portion of the West Half of the South Half of the Southwest Quarter, Section 10, Township 32 South,Range 39 East,lying East of Old Dixie Highway, lying North of 65'h Street and lying West of U.S.Highway 1;Indian River County,Florida;also known as 6500 Old Dixie Highway. 1 I. Term: This lease shall run from the 1st day of May, 2001, to the 1st day of April 30th, 2010. 2. Rent: The Lessee shall pay annual rent of one dollar, the first year's rent being due on May 1, 2001, and each subsequent year's rent being due on May 1 of each subsequent year. The Lessor and Lessee agree as follows: 3. Utilities: The Lessee shall pay all utilities including, but not limited to, water, electricity, gas, solid waste collection, landfill, sewer, and telephone charges which may be assessed upon the demised premises during the lease term hereof. 4. Licenses: 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. Site and Structural Modifications: The Lessee acknowledges the historical significance of the existing building. The Lessee shall not change or cause any change to the exterior or interior of the building located on the subject property without the previous consent of the Lessor being first obtained in writing. Lessee agrees to cooperate with lessor in the acquisition of grants for any historic restoration of the existing building. Lessee further acknowledges that by its acceptance of this agreement, the lessee shall be responsible for compliance with the American with Disabilities Act with respect to any and all handicap access issues for both the exterior and interior of the premises as may be required by any authority having regulatory authority over the subject premises. It is understood that the Lessee intends to rehabilitate the building located on the premises, at no cost to the Lessor. Any such expansion and rehabilitation shall be the responsibility of the Lessee and carried out under the direction of the Lessee subject to Lessor's approval of any major changes and any construction. Lessee shall retain an appropriate design professional to prepare specifications for rehabilitation and expansion of the building in accordance with all applicable laws, ordinances, and county policies. Work shall be under the supervision of licensed contractors and subcontractors. Lessee shall not occupy the premises until a certificate of occupancy is obtained. Lessee shall not change the appearance of the structure located on the subject property or alter the exterior of the structure or build any new structure without the previous consent of the Lessor being first obtained in writing. It is further understood that Lessee and Lessor shall mutually cooperate with any plans and work to historically restore/rehabilitate the building located on the premises, and they agree to cooperate as permitted by law in seeking and employing grant funds to cover the costs of such restoration/rehabilitation. 8. Assignment: The Lessee shall not assign this lease or sublet the premises or any part thereof without the prior written consent of the Lessor. 9. Inspections. Lessor shall have the right to inspect the leased premises, including the interior of any building or structure, at any reasonable time. 10. Renewal: This Lease Agreement maybe renewed for additional periods often (10) years, provided both parties agree in writing to such renewal, or as the parties may otherwise agree in writing. 11. Insurance/Indemnification• 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 3 such proof to Lessor each term such insurance coverage is renewed. Failure to maintain said insurance shall automatically terminate this license. The Lessee holds harmless the Lessor, and the Lessor's officers, employees and agents, from and against any and all claims for damages, costs, and expense to persons or property that may arise out of, or be occasioned by the use, occupancy, and maintenance of the above described public property by Lessee, or from any act or omission of any representative, agent, customer, and/or employee of Lessee, and Lessee shall indemnify Lessor against any such claims and any judgments and attorney fees that may be entered in connection therewith. This agreement shall also cover any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of Lessee's use of the subject property or any improvements and equipment located thereon. Lessee shall not make any claim of any kind or character whatsoever against the County for damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility,whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such.damage is due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnity agreement on the part of Lessee, and a condition of this lease, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the County by reason of, or as a consequence of having granted permission to Lessee to use and maintain the above described premises. Lessee hereby agrees to defend any and all suits, claims, or causes of action brought against the County on behalf of the County by reason of, or as a consequence of having granted permission to Lessee to use and maintain the above described premises, and pay any judgment or judgments that may be rendered against the Lessor in connection therewith. 12. Use: The Lessee's use of the leased facilities shall provide childcare and subsidized childcare services to Indian River County Families and will be available to families in a non- 4 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. 13. 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 Lessee's registered agent or 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. 14. Maintenance: All maintenance and expenses in connection with upkeep of the premises, including, but not limited to, all water used for irrigation purposes, and maintenance and paving of the parking lot, shall be paid for by the Lessee and are the sole responsibility of the Lessee. Lessee shall maintain the grounds of the subject property. 15. Termination: This agreement shall terminate automatically if the Lessee vacates the premises or ceases to use the subject property for the provision of childcare services for more than thirty (30) days. This agreement shall terminate automatically 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 if it determines that it needs the subject property for county purposes by providing at least one hundred eighty (180) 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. 5 IN WITNESS WHEREOF, this Lease was executed by the second of the two parties this 10th day of A p r i l , 2001. ROSS SMALL WORLD, INC. INDIAN RIVER COUNTY, FLORIDA (LESSEE) (LESSOR) By Mercy oss, iefExecu 'ver By t Caroline D. Ginn, Cha' an Approved by BCC April 10 2 0 01 �.v.(A' Witness _ Attest: Jeffrey K. Barton, Clerk of Circuit Court (print name) By. County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency inmm FWvw Ca AparOvtd Date Admlrt. (t es E. Chandler 1_egal d County Administrator "11 ,�e, I Risk Mgr. 6