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HomeMy WebLinkAbout2000-132t; 1 RESOLUTION 2000-1 32 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, PURSUANT TO SECTION 125.38, FLORIDA STATUTES (2000), AUTHORIZING A THIRTY-YEAR LEASE OF REAL PROPERTY LOCATED AT 2525 ST. LUCIE AVENUE, VERO BEACH, FLORIDA, TO THE COALITION FOR THE HOMELESS OF INDIAN RIVER COUNTY, INC. WHEREAS, Indian River County owns property located at 2525 St. Lucie Avenue, Vero Beach, Florida, and more particularly described as All of Block 3, Original Town of Vero, a/k/a, City of Vero Beach, according to the plat thereof, as recorded in Plat 2, page, 12, of the public records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; Parcel No. 02-33-39-00001-0030-00000.1; and WHEREAS, Coalition for the Homeless of Indian River County, Inc., a not-for-profit corporation organized under the laws of the State of Florida, has applied to the Board of County Commissioners for a lease of property located at 2525 14 Avenue (2525 St. Lucie Avenue), Vero Beach, Florida, NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County as follows: 1. Coalition for the Homeless of Indian River County, Inc., having applied to the Board of County Commissioners for a lease of real property located at 2525 St. Lucie Avenue, Vero Beach, Florida, the Board of County Commissioners is satisfied that the Resolution 2000- 112 subject property is required for public or community interest and welfare, and is not needed for county purposes. 2. The above-described property may be leased to Coalition for the Homeless of Indian River County, Inc., for a term of thirty (30) years for $1.00 (one dollar) per year rent, for the purpose of providing assistance to homeless and indigent people in Indian River County, according to terms contained in a separate Lease Agreement. The resolution was moved for adoption by Commissioner M a r. h t and the motion was seconded by Commissioner G i nn , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Caroline D. Ginn Aye Commissioner Kenneth R. Macht Aye Commissioner Ruth Stanbridge N a y Commissioner John W. Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 24th day of Or.tnhPr , 2000. BOARD OF COUNTY COMMISSIONERS •J. K.:Barton, I. th DOriuty ele' ByQ7Y7Q v S . Ouv+i Fran B. Adams Chairman 2 1142e Wve Co ApVr°veil I AdmIn I Legal I Budget I Dept M Risk Myr.' Gete •• o©- 3 ate; I1 LEASE AGREEMENT THIS AGREEMENT is entered into this 24th day of October , 2000, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, "Lessor," whose address is 1840 25th Street, Vero Beach, Florida 32960, and COALITION FOR THE HOMELESS OF INDIAN RIVER COUNTY, INC., a not for profit corporation organized under the laws of the State of Florida, "Lessee," whose address is 2686 U.S. Highway 1, Vero Beach, FL 32960. WHEREAS, the Lessor is the owner of real property located at 2525 St. Lucie Avenue, Vero Beach, Florida; and WHEREAS, the Lessee is organized for the purposes of promoting community interest and welfare by assisting homeless people in Indian River County; and WHEREAS, the Lessee has applied to the Lessor for a lease of the subject property for the purpose of establishing a one-stop service center to provide intake, assessment, referral, and emergency services to homeless and indigent people in Indian River County; and WHEREAS, the subject property is required by the Lessee for assisting homeless people in Indian River County, and it is not needed for county purposes; and WHEREAS, the building located on the subject property has been vacant, except for storage, for approximately five years; and WHEREAS, an effort by the County to sell the subject property did not result in a sale; 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 demise and lease to the said Lessee that certain real property located at 2525 St. Lucie Avenue, Vero Beach, Florida, and more particularly described as: All of Block 3, Original Town of Vero, a/k/a, City of Vero Beach, according to the plat thereof, as recorded in Plat 2, page, 12, of the public records of St. Lucie County, Florida; said land now Tying and being in Indian River County, Florida; Parcel No. 02-33-39-00001-0030- 00000.1 from the 1st day of November , 2000, to the 30th day of October 2030, the Lessee paying therefor the annual rent of one dollar, the first year's rent being due on November 1, 2000, and each subsequent year's rent being due on November 1 of each subsequent year. The Lessor and the Lessee hereby agree as follows: 1. The Lessee shall pay said rent at the times at which the same is made payable. 2. 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 term hereof. 3. The Lessee shall not cause, commit, or permit any waste of the premises, nor make or permit any unlawful, improper or offensive use of same. Lessee shall not permit any person to loiter or linger outside the structure located at the demised property during regular business hours. Lessee shall post signs in prominent locations outside the structure to prohibit people from loitering, trespassing, and lingering, at the premises during other than regular business hours. In addition, Lessee shall promptly investigate any 2 lb f♦ complaints of loitering, trespassing, or lingering at the premises, and Lessee shall take prompt measures which may include filing criminal and civil complaints, depending on the circumstances, or as the Lessor may direct, to eliminate such loitering, trespassing, or lingering. Lessee shall be responsible for keeping the subject property free of all garbage and trash. Any signage shall be in compliance with applicable laws and ordinances. Lessee shall install and maintain landscaping in compliance with applicable laws and ordinances. Lessee shall install and maintain landscape screening or, as may be permitted by the City of Vero Beach, fencing, of any outside area used by people to congregate so that any such outside area and all persons using such outside area are not visible from any location off the subject property. 4. The Lessee shall not assign this lease without the previous consent of the said Lessor, or sublet the said premises or any part thereof without the previous consent of the said Lessor or of the County Administrator being first obtained in writing. The Lessee shall not change or cause any change to the exterior of the building located on the subject property without the previous consent of the Lessor being first obtained in writing. 5. This agreement shall terminate automatically if the Lessee vacates the said premises or ceases to use the subject property or, subject to Paragraph 12 hereof, at least 75% of the area of the building, excluding any area that continues to be used for Lessor's storage, for the provision of assistance to homeless people and indigents in Indian River County. 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 shall have the right to inspect the demised premises, including the interior of any building or structure, at any reasonable time. 3 6. This Lease Agreement may be renewed for additional periods of ten (10) years, provided both parties agree in writing to such renewal, or as the parties may otherwise agree in writing. The Lessee shall, upon the termination of this or any subsequent tenancy, quietly yield up the said premises in as good and tenantable condition in all respects, reasonable wear and tear excepted, as the same now are. Upon termination of this Lease Agreement any improvements made to the property shall become the property of the Lessor. 7. It is understood that Lessor and Lessee intend to expand and renovate the building located on the premises, at no cost to the Lessor, and they agree to cooperate as permitted by law in seeking and employing funds to cover the costs of such expansion and renovation. Any such expansion and renovation shall be the responsibility of the Lessee and carred out under the direction of the Lessee subject to Lessor's approval of any major changes and any construction. Lessee shall ensure that renovation and expansion of the building is 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. 8. The Lessee shall at all times during the term hereof, carry public 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 or as otherwise approved by the Lessor's risk manager, protecting Indian River County against any and all claims for 4 III • 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 ars 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 at least ten days prior to the commencement of operations, and shall continue to supply such proof to Lessor each term such insurance coverage is renewed. Lessee shall purchase and maintain in effect workers compensation insurance in accordance with Florida law. The workers compensation insurance policy shall include employer's liability with a limit of at least $100,000 per accident. Lessee shall provide Lessor with thirty (30) days' notice prior to cancellation or modification of required insurance. Such notice shall be in writing by registered mail, return receipt requested and addressed to Lessor's risk manager. Lessee's failure to maintain said insurance shall automatically terminate this agreement effective on the date any required insurance is canceled. 9. The Lessee hereby releases and holds harmless the Lessor, and the Lessor's officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, 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, client, 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. Lessee shall indemnify Lessor against any claim for damage that any utility, whether publicly or 5 11 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. 10. The Lessee's use of the leased facilities shall provide services to the homeless and indigent and will be generally open to the public during regular business hours and be designed to serve the homeless and indigent communities of Indian River County; provided, however any use shall be a use authorized under the Land Development Regulations and comprehensive plan of the City of Vero Beach. 6 11. The Lessor reserves the right to store personal property and records in the building in accordance with the diagram and schedule set forth in Exhibit °A," attached hereto, and Lessee agrees that Lessor may continue to use the building for such storage in accordance with the diagram and schedule set forth in Exhibit "A." Lessor shall have unfettered access to such storage at any time, and Lessee shall not have access to such areas of Lessor's storage. 12. 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 ninety (90) 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 demised premises, and shall be effective upon mailing, or by hand delivery to any officer of Lessee or to any managerial employee of Lessee. 13. 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. 14. In the event the premises or any part hereof shall at any time during the said term be destroyed or rendered unuseable by fire or storm or force majeure then the payment of rent hereby reserved, or a proportionate part thereof, according to the extent of the damage incurred, shall be suspended until the premises shall have been reinstated and rendered fit for occupancy. Lessor shall have no duty to make any repairs. In the 7 event of such destruction or fire damage Lessor shall have the option of terminating this agreement. IN WITNESS WHEREOF, this Agreement was executed by the second of the two parties this 24th day of October , 2000. Attest: J.K. Barton, Clerk INDIAN RIVER COUNTY (Lessor) By Deputy Clerk // Fran B. Adams, Chairman COALITION FOR THE HOMELESS OF INDIAN `� � Witness (,cwt RIVER COUNTY, INC. (Lessee) (pri t name) SF►NDR.A, L. LdP_ibli-T 0444. ynte.L. , President • /5). Richard J. an Mele Witness (print name)LEA *7.2 6/e (Corporate Seal) Revised, October 24, 2000 (2: 31 PM) 8 4