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HomeMy WebLinkAbout2008-435B� � 4 LEASE AGREEMENT t THIS LEASE AGREEMENT ("Lease") enteredinto COUNthis TY 1st day BOARD f OF January, COUNTY ("Effective Date") between INDIAN R COMMISSIONERS, a political subdivision of the State of Florida, having an address of 1801 27th Ave, Vero Beach, FL 32960 ("County") and Mark Smith, having an address of 800 20th Ave SW, Vero Beach, FI 32962 ("Tenant") Background Recitals A. Indian River County as Landlord desires to set forth the terms and conditions for the Tenant residing within South County Regional Park, 800 20th Avenue SW, a County owned and operated Park. dlord and T B. Indian River County as Lanenant are entering into this Lease to provide security for South County Regional Park located at 800 20th Avenue SW, ("Park") when hours of the County's Parks or Recreation the Park is closed and during non -work employees. C. Tenant desires to lease the Leased Premises (as hereinafter defined) on the terms and conditions set forth herein. NOW, THEREFORE, for the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the terms and conditions set forth in this Lease: 1. Description of Leased Premises. The County hereby leases to Tenant the use of the mobile home lot adjacent to the Tennis Courts at 800 20th Avenue SW (such lot herein the "Leased Premises") within the South County Regional Park. The County and Tenant acknowledge and agree that Tenant has resided on the Leased Premises for several years without a written Lease, and that County has now determined that a formal lease is in the best interests of the parties. Accordingly, 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, onts or warrantieser 'ldefects, of any nature whatsoever any; (b) that County has made no rep regarding the Leased Premises including, without limitation, the physical conditions of the Leased Premises; and (c) that twhatsoever at the Leased Prem sesounty assumes no itexceptor ba's gation may be to provide any utilities of any nature specifically set forth in this Lease. 2. Term of Lease. The Leased Premises is leased for an initial two (2) year term subject to sooner termination as set forth oein n tial Term"). December 31 h 2010, or on such l Term learlier date as mence on January 1, 2009, and shall this Lease may terminate as provided herein. 3. Renewal. Provided the County and Tenant agree to renew the Lease (as it may be modified from time to time) on mutually beneficial terms; and further provided that the Tenant is not in default under any of the terms and conditions of this Lease, this Lease may be renewed for a maximum of seven (7) successive terms of two (2) years each (a Renewal Term) for a maximum aggregate of sixteen (16) years combined Initial Term and rl Renewal Terms. Each Renewal Term is subject to all of the provisions set forth in this Lease. Notwithstanding the forgoing, the County may extend or renew this Lease beyond the sixteen (16) years if deemed to be in the best interest of Indian River County. Renewal of the mutually agreeable Lease shall be completed ninety (90) days prior to the end of the Initial Term, and forty-five (45) days prior to the end of each Renewal Term. Upon renewal of this Lease, the County shall send a Renewal Notice to Tenant. 4. Security Deposit and Rent. Tenant acknowledges and agrees that no security deposit is required under this Lease; however, nothing in this Lease shall be deemed to preclude the County from requiring a security deposit upon any renewal of this Lease or upon re -letting of this Lease to a subsequent tenant. Tenant shall safeguard the Leased Premises on behalf of the County as set forth in this Lease. No rent is due under the terms of this Lease in consideration of the services provided to County by Tenant hereunder. 5. Use of Leased Premises. Tenant acknowledges that the Leased Premises is to be used solely for a single-family mobile or manufactured home dwelling, and Tenant covenants to use the Leased Premises solely for a single-family mobile or manufactured home dwelling, as set forth herein, and for no other purposes whatsoever. 6. Duties and Responsibilities of County as Landlord. 6.1. Water Service. The County shall provide water service to the Tenant at County expense with no cost for such water service to the Tenant unless the water consumption is deemed by the County to be in excess of the average normal usage for a single-family mobile or manufactured home dwelling. If County makes such a determination, the County shall promptly notify Tenant in writing, setting forth the amount the County is to be reimbursed by Tenant and the date such payment is due, and thereupon the Tenant shall promptly remit such amount to County. The payment due date shall be at least thirty (30) calendar days after the date of the letter. The Tenant's failure to pay the noticed amount may be deemed by the County to be an event of default under this Lease, and the County shall have the right to terminate this Lease thirty-one (31) calendar days after the payment was due, upon providing final written notice to the Tenant that the required payment has not been received and that the Lease is terminated as of the date set forth therein. 6.2. Electric Service The County's responsibilities for electric service shall be as set forth in this Lease at paragraph 7.8. 6.3. Septic System. The County shall annually pump -out, and maintain in good repair, the existing septic system at the Leased Premises. 6.4. RADON GAS. As required by law, the County as Landlord makes the following disclosure: "Radon Gas 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." 7. Responsibilities and Duties of Tenant. 7.1. The Tenant shall be any one (1) of the following law enforcement officers/agents with arresting authority in Indian River County: (a) IRC Sheriff's Deputy (IRCSO); (b) Florida Highway Patrol (FHP); or (c) Florida Department of Law Enforcement (FDLE). Tenant shall endeavor to attain and remain in a duty status that is assigned a marked patrol car, 2 unless such requirement is waived in writing by the Board of County Commissioners if deemed in the best interests of the County. 7.2. Tenant currently has a "grandfathered" single-family mobile or manufactured home dwelling upon the Leased Premises. Tenant is responsible for: (a) delivery, set-up, and permits required for the current or any new dwelling as allowed hereunder; (b) any and all costs required to remove any such dwelling from the Leased Premises in the event any such dwelling is damaged or becomes unlivable due to damage from hurricanes, tornados, fire, or other disaster or act of God; and (c) any and all costs required to remove any such dwelling from the Leased Premises upon termination of this Lease. A new dwelling may be purchased and installed by Tenant on the Leased Premises in accordance with the provisions of this Lease. Any new dwelling must meet any and all applicable codes and requirements of Indian River County, including that the new dwelling be a "modular home with an approval stamp from DCA (Department of Community Affairs)". 7.3. The Tenant shall commit no act of waste and shall take good care of the Leased Premises and shall, in the use and occupancy of the Leased Premises, conform to and obey all laws, orders, and regulations of Indian River County. 7.4. The Tenant shall maintain the Leased Premises in an appealing manner and not permit accumulation of unsightly objects within the Leased Premises 7.5. The Tenant shall not destroy, damage, deface, or remove any part of County property located in the Parks or within the Leased Premises, nor shall Tenant permit any guest or invitee to do so. 7.6. The Tenant shall not mortgage, obcause, assessed or established on theny liens, Leased encumbrances, or judgments placed, Premises. 7.7. The Tenant shall arrange for telephone and television service to the dwelling and shall be solely responsible for payment of any and all charges incurred with respect to such telephone and television installation and usage. Tenant shall pay for additional pump -outs of the septic system in excess of the annual County -paid pump -out. 7.8. Effective as of January 9, 2009, the Tenant shall contract with FPL for electric service to the dwelling at the Leased Premises as required in the sole name of the Tenant. The County agrees to pay one-half (1/2) of Tenant's monthly electric utility bill, up to a maximum amount of $150.00 (One Hunsecurityddand to thelftParkllas set each forth in this monthly LeasetricThe in exchange for Tenant providing Tenant shall be reimbursed for the County's portion of the electric service as follows: Tenant shall submit the ori final FPL bill to the Parks Superintendent who shall promptly review and approve the proper amount reimbursable to Tenant under this Lease and thereafter transmit the required paperwork to the County's Budget Office/Department of Management and Budget for further processing bl for the dwelling at the Leased Premises has ayment. County and Tenant acknowledge and agree that the electric been in the sole name of Indian River County, and, currently, the County pays the entire u electric bill and is reimbursed by Tenant for one-half (1/2) of the electric utility bill p to a maximum amount per electric bill of $150.00 (One Hundred and fifty dollars). Tenant acknowledges and agrees that: (a) the electric bill for the dwelling at the Leased Premises shall be paid by Tenant to FPL in a timely manner; (b) Tenant shall be responsible to obtain reimbursement from the County for the County's share of the electric bill; (c) County will not prepay any electric bill in Tenant's name, in whole or in part; (d) County will not pay any portion of any deposit for electric service to the dwelling at the Leased Premises that is in Tenant's name; (e) County shall arrange for the current electric service to the dwelling 3 at the Leased Premises to be discontinued effective as of January 9, 2009; and (f) until the final FPL bill in the County's name is rendered, anticipated to be mid-January of 2009, the County shall pay the electric bills and obtain reimbursement by Tenant for one-half (1/2) of the electric utility bill, up to a maximum amount per electric bill of $150.00 (One Hundred and fifty dollars). The Tenant's failure to pay the remaining amounts on the final FPL bills in the County's name may be deemed by the County to be an event of default under this Lease, and the County shall have the right to terminate this Lease thirty-one (31) calendar days after the payment was due, upon providing final written notice to the Tenant that the required payment has not been received and that the Lease is terminated as of the date set forth therein. 7.9. The Tenant shall be responsible for, and shall pay the cost of, all interior and exterior pest control for the dwelling and the Leased Premises and shall be responsible for cutting the lawn and maintaining any landscaping within the Leased Premises; provided, however, that no protected trees shall be damaged or removed without the prior written permission of the Parks Superintendent. 7.10. As the Leased Premises is within a County -owned Park, alcohol in, about, or on the Leased Premises is strictly prohibited. County and Tenant acknowledge and agree that: (a) dogs are not allowed at the Park; (b) Tenant currently has a dog within the Leased Premises; (c) Tenant shall be allowed to keep the current dog within the Leased Premises, provided Tenant complies with the County's "leash laws" and with all County rules and regulations applicable to dogs at all times while in the Park and the Leased Premises; and (d) Tenant shall not acquire another dog during the term of this Lease, whether as an additional or replacement dog. 7.11. The Tenant shall obtain, and have the sole obligation to pay the premiums on, liability insurance and any broad form insurance policy on the dwelling and its contents during the term of this Lease as Tenant deems sufficient to protect the interests of Tenant. 7.12. The Tenant shall not, in whole or part, sublease the dwelling, the Leased Premises, or any part of the Leased Premises. Any attempted sublease shall be void and shall, at the sole option of the County, be deemed an event of default under this Lease. 7.13. The Tenant shall not, without obtaining the prior written consent of the County, make any alterations, additions, or improvements to or about the Leased Premises. For purposes of this section, the approval authority shall be the Director of Public Works. 7.14. The Tenant shall provide to the County's Department of Risk Management each month a detailed "daily security log" addressing any and all issues concerning the security of the Parks. 7.15. 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. 7.17. Tenant shall not mortgage, pledge, or encumber this Lease, in whole or in part, or the leasehold estate granted under this Lease, to any other person, firm, or entity. Any attempted mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and shall, at the sole option of the County, be deemed an event of default under this Lease. 7.18. In the event that Tenant desires to sell, lease, or otherwise transfer (herein collectively "Transfer") the dwelling located on the Leased Premises during the term of this Lease, such Transfer by the Tenant: (a) is subject to the prior written approval of the County Administrator or designee, which consent shall not be unreasonably delayed, conditioned, or withheld; and (b) may be made only to a Law Enforcement officer with arresting authority in Indian River County. In the event that the County approves the El Transfer, the new owner of the dwelling must meet all of the requirements of this Lease; physically live on the Leased Premises; and enter into a written "Assignment and Assumption of Lease Agreement" with the County. Any attempted Transfer of this Lease without compliance with this Lease provision shall be void and shall, at the sole option of the County, be deemed an event of default under this Lease. 8. Default; Termination 8.1 This Lease may be terminated for any reason by either party upon 30 days written notice sent to the other party by certified return receipt mail. 8.2 This Lease shall be terminated by the County if the Tenant is no longer employed as an active, "fit for duty" deputy; whereupon the Tenant will vacate the Leased Premises immediately and remove the dwelling, and any and all belongings from the Leased Premises within 72 hours at Tenant's sole expense. Further, if at any time the Tenant is charged with immorality, misconduct in the job, gross insubordination, willful neglect of duty, drunkenness, lewd and lascivious evtent shallcause released h this a law Lease to benullI and ffo dr with the Sheriffs Department, any such whereupon the Tenant will vacate the Leased Premises immediately and remove the dwelling, and any and all belongings from the Leased Premises within 72 hours at Tenant's sole expense. 8.3 This Lease may be terminated by the County: (a) upon default by the Tenant in the performance of any provision, covenant, or condition of this Lease to be performed by Tenant hereunder, provided at least thirty (30) days written notice of default is sent by County to Tenant setting forth the default with specificity and further provided such default is not cured within forty-five (45) days after such written notice; or (b) promptly in the event Tenant abandons the Premises before the expiration of the term of this Lease. 9. Damage. 9.1. The County shall not be liable for any damage or injury which may be sustained by any party or persons in, at, on or about the dwelling or the Leased Premises 9.2. Tenant shall repair all damage to the Leased Premises caused by the Tenant, and his agents or independent contractors in connection with his occupancy of the Leased Premises. 9.3. In the event of the partial or total damage or destruction of the dwelling located on the Leased Premises, the County has no obligation whatsoever to provide or find alternate housing for Tenant. 10 Miscellaneous. 10.1. Surrender. At the expiration or termination of the Initial Term or any Renewal Term of this Lease, or earlier termination thereof, Tenant shall peaceably and quietly leave, surrender, and deliver the Leased Premises to County, broom clean, and in thorough repair, good order, and safe condition, reasonable wear and tear excepted, as it was at the beginning of the Lease; and Tenant shall, at Tenant's expense, remove the dwelling and all of Tenant's personal property and those improvements made by Tenant which have not become the property of County, and repair all injury done by or in connection with the installation or removal of the dwelling, 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 such aemoval. County may haveounty, and Tenant any such property shall reimburse County for the cost o 5 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. 10.2. 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. 10.3. Modification. This Lease may be modified, altered, or amended only by a written document authorized and executed by both parties with the formality and of equal dignity herewith. This Lease may not be amended, altered or modified by oral agreements or understandings between the parties unless they are reduced to a written document authorized and executed by both parties with the formality and of equal dignity herewith. 10.4. Governinq Law. This Lease shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Lease shall be instituted in Indian River County. 10.5. No Waiver. Each right, power and remedy of the parties provided in this Lease shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waver of any other delinquency or default. 10.6. 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. 10.7. 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. 10.8. 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. The words "hereof' and "herein" mean this Lease. 10.9. 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. 10.10. Approval. The terms of this Lease are subject to modification by the Indian River County Board of County Commissioners at the December 23, 2008 meeting. [.1 10. 11. Quiet Eniovment. 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. 10.12. 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. 10.13. General. The Background Recitals are true and correct and form a material part of this Lease. IN WITNESS WHEREOF, the parties hereto have accepted, made,. and exedgr ed this Lease upon the terms and conditions above stated on the day and'year'first. writt�i} above. Attest:, Mary Louise Scheidt, Clerk, Ad Interim By0--t�— eputy Clerk [seal] TENANT: Mark Smith, Deputy Signature: % - -- INDIAN RIVER COUNTY BOARD OF COUNTY COM�' §I "NERS - Wesley S. Davis, Chairman' A. Bbird Administrator 7M:aan as to form and legal sufficiency: Fellsistant County Attorney 7