The URL can be used to link to this page

Home My WebLink About1998-003 1 2197(RE80)LEOAL(WOChihm RESOLUTION NO.9843 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT WITH THE PROGRESSIVE CIVIC LEAGUE OF GIFFORD, FLORIDA, INC. FOR THE OPERATION OF THE GIFFORD YOUTH ACTIVITIES CENTER. WHEREAS, on July 1, 1996, the Progressive Civic League of Gifford, Florida, Inc., made application to the Board of County Commissioners for the lease of County property for the purpose of operating the Gifford Youth Activities Center; and WHEREAS, the Board of County Commissioners finds that such a use of County property promotes the community interest and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board of County Commissioners of Indian River County, Florida hereby approves and authorizes the Chairman to execute a lease agreement between the Board of County Commissioners of Indian River County, Florida and the Progressive Civic League of Gifford, Florida, Inc. as set out in the attached exhibit for the term of 20 years at a rental rate of One Dollar ($1.00) per year, payable in advance. This lease is entered into pursuant to the authority of Florida Statutes 125.38 and 125.01. The foregoing resolution was offered by Commissioner Eggert and seconded by Commissioner Adams, and, upon being put to a vote, the vote was as follows: John W. Tippin, Chairman Ave Kenneth R. Macht,Vice Chairman Aye Caroline D. Ginn -UL Fran B.Adams Ave Carolyn K. Eggert -Aya.- The Chairman thereupon declared the resolution duly passed and adopted this 6th day of January, 1998. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA B : -John W. Tippin, Chi an ATTEST; APPROVED AS TO FORM Ba erk e AND LEGAL SUFFICIENCY By bL WIL LIAM G. COLLINS IN pEpVSY CQNNTY ATiORKY a LEASE AGREEMENT The BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter called the "Landlord', and PROGRESSIVE CIVIC LEAGUE OF GIFFORD, FLORIDA, INC., hereinafter called the "Tenant", in consideration of the mutual promises and agreements set torth below, hereby agree this 6th day of January, 1998,as follows: WITNESS ETH: 1. PROPERTY AND TERM, The Landlord hereby leases to the Tenant the real property and facilities situated thereon, located in the County of Indian River, Florida,more particularly described as follows: See Exhibit"1"attached hereto. for a term of twenty (20) years commencing January 6, 1998 and terminating on January 5, 2018 for a total rental of Twenty Dollars($20.00) payable at the rete of $1.00 per year payable in advance. 2. USE OF PREMISES. During the term of this Lease the Tenant shall use the leased premises for the public purposes provided by the Progressive Civic League of Gftrd, Florida, Inc., as the Gifford Youth Activities Center, which shall be opened to the public on a nondiscriminatory basis without regard to race, creed, handicap,or sex. 3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the Improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and'agencies regarding the use of the leased premises. 1 5. MAjNTENANCE AND REPAIRS_ The Tenant agrees to make any and all repairs and Improvements to the leased premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this Lease. Landlord's Renewal and Replacement Fund (see paragraph 11.A.), may be drawn upon for needed repairs with Board of County Commissioners' approval, but not for ordinary maintenance. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. B. INSTALLATION ATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on,or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition,any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease. 7. PUBUC UTILITIES, The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. 8. HOLD HARMLESS, The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE, The Tenant shall cant' the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1. Wofker's ComoensatlWorker's Compensation shall be provided for all employees. Coverage shall be for the statutory limits in compliance with all state and federal laws. The policy shall include Employer's Liability with a limit of$100,000 per accident. 9.2 Commercial General Uabllity. Tenant shall have commercial general liability coverage and shall be per occurrence Combined Single Limit for Bodily Injury and Property Damage including Premises and Operations. The minimum limit of liability for this facility shall be$300,000.00. The policy shall be 2 written by a carrier licensed to do business in Florida and have a rating of A+VII or better per A.M. Best's Key Rating Guide. 9.3. Suealal Reaulroments. Ten days prior to the commencement of operations,a certificate of Insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured"on the general liability policy. B. Indian River County will be given thirty(30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be In writing by certified mail, return receipt requested, and addressed to the Risk Manager. 10. MAINTENANCE OF EXTERIOR. Landlord agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas,driveways and the exterior of the building. 11. (A) OPERATING COSTS, Indian River County agrees to be responsible for a portion of operating costs of the Gifford Youth Activities Center. For the first fiscal year of operation, Indian River County shall contribute up to $110,000.00 on a reimbursement basis for these costs as itemized in the attached Schedule "A" "Initial Operating Budget". Subsequent years contribution are expected to be guided by the relative rise in the consumer Price Index(CPI),with the County contribution reduced by the amount of grants obtained for each fiscal year's operating expenses and/or programs. An itemized operating budget shall be submitted to Indian River County by April let of each fiscal year. Actual annual appropriations shall be approved through the County budgetary process. While the Consumer Price Index shall be utilized as a guide to adjustment of annual operating expenses,the County's annual contribution to the operating expenses shall be subject to annual appropriation from legally available funds. After the first flacal year five percent (5%) of each year's operating budget shall be held in reserve by Landlord in a Renewal and Replacement Fund for repairs to the Gifford Youth Activities Center. 3 (B) CAPITAL CONTRIBUTION. The Board of County Commissioners agrees to make an initial capital contribution of up to$280,481.00 for those items itemized in Schedule"B". 12. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being property maintained and kept in good condition. 13. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. Tenant shall not mortgage the leased premises. 14. ATTORNEY'S FEES AND COSTS, in the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 15. NOTICE, Any notices which are required, 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, return receipt requested,addressed to Tenant at: Progressive Civic League of Gifford,Florida, Inc. P.O.Box 339 Vero Beach,Florida 32961 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County 1840 25th Street Vero Beach,Florida 32960 These addresses may be changed by either party by providing written notification to the other. 16. TERMINATION FOR NONAPPROPRIATION. In the event that the Landlord in any fiscal year fails to appropriate sufficient funds (in the sole determination of the Tenant), to continue operation of the facility, the Tenant may terminate the Lease by giving the Landlord ninety(90)days'written notice. 17. PARTIAL NOVATION OF PRIOR LEASE, the extent of any overlap of the property described in paragraph 1 of this Lease with property described in paragraph 1 of a lease between Lessor and Lessee dated October 26, 1988 for the 4 Word Community Center, the terms of this Lease shall control for the property, described herein. IN WITNESS WHEREOF,we,the Landlord and Tenant,hereunto afnxed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA By: ATTM Joh W. i ink `a Ta ROVED AS"T�PORM By. AND LEGAL SUFFICIENCY Jeffre .Barton gY � ."-••� rt• to WILLIAM G. COLLIN�S II 'DEPUTY COUNTY ATTORNEY PROGRESSIVE CIVIC LEAGUE OF GIFFORD, FLORIDA,INC. By: �.. Witnessed by: Arthur J.Harri Prea dent signature: printed name:?ALAwk signature:4 7 printed name: �a 5 EXHIBIT "1" Legal Dwriptlon Gifford Youth Activities Center Commencing at the N.E. comer of Tract 9, Section 21, Township 32 South, Range 39 East, according to the last general plat of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, page 25, Public Records of St. Lucie County, Florida,said lands now lying and being in Indian River County,Florida; Run South 30 feet; Then run West 319 feet to the Point of Beginning; Then continue West 50 feet; Then run South a distance of 55 feet; Then run West a distance of 100 feet; Then run South 250 West a distance of 95 feet;; Then run South a distance of 80 feet; Then run South 480 West a distance of 120 feet; Then run South a distance of 70 feet; Then run South 350 East along the northeast side of an existing paved road 230 feet; Then run North 430 East a distance of 78 feet; Then run North 676 East a distance of 88 feet; Then run North 800 East a distance of 118 feet; Then run North 850 East a distance of 45 feet; Then run North 460 East a distance of 50 feet; Then run North a distance of 17 feet; Then run East a distance of 90 feet; Then run North a distance of 159 feet; Then run West a distance of 200 feet; Then run North a distance of 140 feet;; Then run West a distance of 69 feet; Then run North a distance of 90 feet to the Point of Beginning. SCHEDULE"A" PROPOSED GIFFORD YOUTH ACTIVITIES BUDGET INDIAN RIVER NEW COUNTY PORTION SALARIES* $78,000 $68.503 BENEFITS a TAXES $34,887 $34,667 PROFESSIONAL FEES $400 SUPPLIES $4.5M TELEPHONE $1800 POSTAGE AND SHIPPING $350 OCCUPANCY ,570 UTILITIES POWER WATER GA8 ETC. $12.000 tNmmtcE $11,000830 RENTAL MAINTENANCE-EQUIPMENT $8.000 PRINTING $1,000 TRAVEL 6 TRANSPORTATION $1200 8TAFFNOLUNTEER DEVELOPMENT $500 MISCELLANEOUS $1,000 TOTAL $156,9871110000 *Line Items may be tanstemed as necessary. G"omoyouTM IUIL0110 RM1.123 IMNMI Oran t1,t1q *cot 416 t GIFFORD PARK YOUTH ACTIVITIES CENTER ESTIMATED COSTS U14 OZ31TILITY IMPACT FESS 3 OTHER COSTS(TIE 114-10 FT. FRCM SLOG.) • 314-0`S RQAO IMPACT FEES 351701 SITE PLAN PERMITTING COSTS ENGINEERING(ENG. .500: ST. JOHNS 33.50: PERK $250: ME INCRK$t_000: tNSPcC'1CN 3"�.=C01 3i.;001 t S3.0001 SURvE'�r1NG S8.00o i CLEARING I INCLUDING PART OF THE WOODED AREAL 330 000 I -FILL 3 EARTH WORK 3Z5.�?001 .DRAINAGE 1 5100.0001 .PARKINCa-PAVED T 0 PACES 11,000-50 SPACES 5400 -PARKING ISLES) ! $10.400 .GRASS 80.000 Su_ 13 310.0001 LIGHTING FOR PARKINGLOT AND AROUND BUILDING(St.000 PER LIGHn , 310.0001 LANDSCAPING 1 Si.SA01 w V'RIGATION i 31ZJ00 F_NC LNG(1.200 LF $10.001 S5.000 w IMPROVED ENTRANCE a DR UP TO FACILITY 33.000 ELECTRIC TO BUILDING 1MAY8E NEcD A yEW TRANSFORMER S CHANGE SERvICF.,iT?ARK t 35.0001 w SIDE KS AND CU SING 39.cm I -NATER/SE`NER LINE !LIFT STATICN IMM PAY PRONE 31 5_00 SIG VAGc � _SCLIO 'HASTE PAC) SUaTOTAL87 �+1 3131�1 C:NT1NGcNCY -5% TOTAL 280.4811