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HomeMy WebLinkAbout2016-031RESOLUTION NO. 2016- 031 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT WITH SAFESPACE, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, FOR A ROOM IN THE INDIAN RIVER COUNTY COURTHOUSE. WHEREAS, SafeSpace, Inc., a Florida not for profit corporation, requested the Board of County Commissioners to consider leasing a room on the first floor of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, FL, 32960 ("Property") for use as space to provide legal assistance to victims of domestic violence, and WHEREAS, SafeSpace, Inc. will use the Property to facilitate programs for support of domestic violence victims and related purposes, and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, SafeSpace, Inc is a Florida not -profit corporation, organized exclusively for providing programs for victims of domestic violence, and has applied for recognition as a charitable and educational entity for 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 INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board finds that SafeSpace, Inc. has made application as required by Florida Statutes section 125.38 for a lease of the Property, 2. The property subject to the lease shall be used to facilitate programs for support of domestic violence victims and related purposes; 3. The Board approves, and authorizes the Chairman to execute a Lease Agreement between the Board and SafeSpace, Inc , in the form set forth in the attached Exhibit "A" for a term of three (3) years at a rental rate of $1.00 per year; and 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 Davis and seconded by Commissioner 7,nrc and, upon being put to a vote, the vote was as follows Chairman Bob Solari AYR Vice Chairman Joseph E Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Wesley S. Davis AYE Commissioner Tim Zorc AYE 1 The Chairman thereupon declared the Resolution duly passed and adopted this 12day of April, 2016. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By 14 IA44 ep,wfy Clerk ' Approved as to form and legal sufficiency- AIan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS 2 :i• Solari, Chairman EXHIBIT "A" LEASE AGREEMENT THIS LEASE AGREEMENT for a portion of the Indian River County Courthouse located at 2000 161h Ave, Vero Beach, FL 32960 ("Lease Agreement") is entered into this day of , 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and Lessee, SafeSpace, Inc., a Florida not-for-profit coiporation. Witnesseth That: WHEREAS, SafeSpace, Inc. is a not-for-profit company dedicated to providing assistance to victims of domestic violence in the Treasure Coast; and WHEREAS, often victims of domestic violence need legal assistance in a safe place such as a courthouse; and WHEREAS, the County believes it is important to have such an organization have a presence in the courthouse to assist victims of domestic violence; NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and Lessee agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. TERM OF LEASE. The initial term of this lease shall be 3 years commencing on this day of April 2016, and terminating on April , 2019 (the Initial Term"). This Lease Agreement will be automatically renewed for 3 year periods, unless terminated. 3. DESCRIPTION OF LEASED PREMISES. The County hereby leases to the Lessee, a room on the first floor of the Indian River County Courthouse located at 2000 16th Ave, Vero Beach, FL 32960 as depicted in Exhibit "A" ("Leased Premises"). 4. USE. Lessee shall occupy and use the Leased Premises only for its programs for support of domestic violence victims and related purposes, and for no other purpose whatsoever without County's prior written consent, which consent shall not be unreasonably withheld. 5. HOURS. Lessee may have employees working in the Leased Premises between 8:30 am and 4:30 pm Monday through Friday, except for those holidays in which the Indian River County Courthouse is closed. The Lessee must have employees working in the Leased Premises a minimum of 20 hours per week. 6. UTILITIES. The County shall provide basic telephone, a single jack and telephone and outgoing service for local calls only, and data connections to the Lessee at the Leased Premises. The Lessee shall be responsible for all hardware, software, equipment, material, labor and installation costs associated with the data connection. 7. MAINTENANCE AND REPAIRS. County shall maintain in good repair the roof, structural components and exterior walls of the Indian River County Courthouse, as well as the HVAC, electrical and plumbing systems. Lessee shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. Lessee shall surrender the Leased Premises, and all County furniture in the Leased Premises used by Lessee, at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 8. IMPROVEMENTS. Lessee shall not make or allow to be made any alterations, additions or improvements in or to the Leased Premises, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. Lessee shall deliver to the County a copy of the construction plans and specifications for all alterations, additions or improvements which Lessee proposes to make in or to the Leased Premises. Except as specifically provided herein, Lessee agrees that all approved work shall be done in a good and workmanlike manner, at Lessee's sole cost and expense, and that the structural strength and integrity of the Indian River County Courthouse shall not be impaired in any way. Lessee shall obtain, at Lessee's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such alterations, additions and improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such alterations, additions and improvements. All alterations, additions or improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Lessee's alterations, additions and improvements shall be deemed to be a part of the Leased Premises, and Lessee shall be obligated to maintain and repair the same. All alterations, additions and improvements in or to the Leased Premises shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this Lease Agreement, whether by lapse of time or otherwise. Lessee shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys fees at or before the trial level and in any appellate proceedings) arising out of or relating to any alterations, additions or improvements made by Lessee in or to the Leased Premises (notwithstanding County's prior written consent thereto). Lessee shall not place or install safes, vaults or other heavy equipment within the Leased Premises, without the prior written approval of the County. As used in this N section, an alteration, addition and improvement shall mean a structural change or fixture attached to building such that it becomes a part of the building and specifically excluding furniture, office equipment and personalty. 9. CONSTRUCTION LIENS. Lessee agrees that it will make full and prompt payment of all sums necessary to pay for the costs of all repairs and permitted alterations, additions, improvements, changes and other work done by Lessee in or to the Leased Premises and further agrees to indemnify, save harinless and defend the County from and against any and all costs and liabilities, including reasonable attorney's fees incurred by the County and against any and all construction, materialmen's, laborers' and other statutory or common law liens which may be asserted, claimed or charged against all or any part of the Leased Premises or the Indian River County Courthouse arising out of or from such work. Notwithstanding anything to the contrary set forth in this Lease Agreement, in no event shall the interest of the County in all or any part of the Leased Premises or the Indian River County Courthouse be subject to any construction, materiatman's, laborers' or other statutory or common law lien for improvements or work made or done by or at the instance of Lessee, whether or not the same shall be made or done with the consent of the County or by agreement between Lessee and the County. All persons dealing with or contracting with Lessee or any contractor of Lessee are hereby put on notice of the foregoing provision. In the event any notice, claim or lien shall be asserted or recorded against the interest of the County in the Leased Premises or the Indian River County Courthouse on the account of or extending from any improvement or work made or done by or at the instance of Lessee, or any person claiming by, through or under Lessee, or from any improvement or work the cost of which is the responsibility of Lessee, then Lessee agrees to have such notice, claim or lien canceled, discharged, released or transferred to other security in accordance with applicable Florida Statutes within thirty (30) days after notice to Lessee by the County, and in the event Lessee fails to do so, Lessee shall be considcred in default under this Lease Agreement. Lessee agrees to join the County, at County's request, in the execution of a short form of lease, pursuant to section 713.10, Florida Statutes, to be recorded in the Public Records of Indian River County, Florida for the purpose of giving constructive notice of the provisions of this subparagraph. 10. ACCESS TO STORAGE CLOSET. The storage closet located adjacent to the Leased Premises can only be accessed through the Leased Premises. Lessee shall allow County access to the storage closet at any time. 11. ASSIGNMENT OR SUBLEASE. Lessee shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of the County. 12. TERMINATION OF LEASE. This Lease Agreement may be terminated for convenience by either party with sixty (60) days written notice. Either Party may terminate this Lease Agreement for cause when there is an event of default by the other Party. An event of default shall occur if either party fails to perform a 3 material obligation under this Lease Agreement and such failure is not cured within thirty (30) days after written notice of the default is provided by the non - defaulting Party to the defaulting Party. 13. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 14. NOTICE. Any notice required by this lease, 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 County at: Lessor: SafeSpace, Inc. Kitty Peterson Director of Finance & Administration 612 SE Dixie Highway Stuart, FL 34994 County: Indian River County Board of County Commissioners Public Works Director Public Works Department 1801 27th Street Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. 15. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. 16. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISK 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 AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY HEALTH UNIT. 17. VENUE AND GOVERNING LAW. Any and all suits for breach of this Lease Agreement shall be instituted and maintained in a state or federal court of competent jurisdiction having jurisdiction over Indian River County, Florida. This Lease Agreement and any questions concerning its validity, construction and performance shall be governed by the laws of the State of Florida. 4 18. SEVERABILITY. In the event that any provision of this Lease Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Lease Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action remain in full force and effect. 19. INSURANCE. Lessee shall obtain and maintain the minimum following insurance types, coverages and amounts as stated below: a) Commercial General Liability — No more restrictive than ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability) $500,000 Each Occurrence $500,000 Products & Completed Ops Aggregate $500,000 Personal Injury and Advertising $500,000 General Aggregate $50,000 sublimit Fire legal liability The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage. b) Automobile Liability (all automobilcs-owned, hired or non -owned) - $500,000 Combined Single Limit C) In the event the Lessee hires employees or is otherwise required to carry workers' compensation insurance, the Lessee will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. The Lessee will assume responsibility for Lessee's discretion in confirming that all of Lessee's contractors or subcontractors engaged in work have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation - Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. 5 Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease d) In the event that any services or activities of a professional nature are provided, Professional Liability (Errors and Omissions) - $1,000,000 Each Occurrence/Claim (e) Primary and Non -Contributory — The Lessee's insurance will apply on a primary basis and will not require contribution from any insurance or self- insurance maintained by the County. (f) Deductibles — The deductibles of the insurance policies applicable to the use of the Leased Premises shall be deemed customary and the responsibility of the Lessee and any named insureds. (g) Additional Insured — The Lessee's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the use of the Leased Premises. (h) Reporting Provision — The Lessee's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Lessee shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (i) Duration — Notwithstanding anything to the contrary, the Lessee's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (j) Financial Responsibility — Lessee shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. A (k) Evidence of Financial Responsibility — The Lessee must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than 10 days after this Lease Agreement is executed. Upon written request, the Lessee shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Lessee's insurance if it complies with this Lease Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Lessee's insurance, shall be effective until 30 days after receipt of written notice by the County from the Lessee or the Lessee's insurance company. (1) Discretionary Authority — Depending upon the nature of any aspect of the use of the Leased Premises and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. 20. INDEMNIFICATION. To the extent permitted by law Lessee shall defend, protect, hold harmless and indemnify the County, its Commissioners, directors, officers, employees, and agents and contractors of any tier, or any of them (the "County indemnified Persons") from and against any cost, expense, loss, claim or liability whatsoever, including the cost of attorneys' fees and appeals, for injury to any person or loss or damage to any property arising out of. (a) the negligence or wrongful misconduct of Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier; (b) the failure of or by Lessee, its directors or partners (as applicable), officers, employees, other agents or contractors of any tier to comply with applicable law or regulations of federal, state or local governments; (c) the performance or failure to perform of the Lessee under this Lease Agreement; and (d) any breach by Lessee of any representation or warranty made in this Lease Agreement. Lessee is not required to hold harmless or indemnify any County Indemnified Person for any cost, expense, loss, claim or liability to the extent caused by any County Indemnified Person's negligence or reckless misconduct. 21. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. F IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA on Bob Solari, Chairman Approved by BCC:__, 2016. ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller By: �ac 'C/ Witnessed by: Safe , In . signature: (/ Q V4 printed name:,C(,G���lQ i iC'a/e signature. v f printed name: W, Approved as to form and le al sufficiency: County Attorney E:3 LQPEY t,VrtmvVrt I I I I ♦/i' // ..,.,luw �,wp�,,,-- ----------- 82 I CQRRIDOR , / CRAL `i C'm ROL TRAFFIC i la2b s 144 -AD IN. OFFICE ` �•— --y— � �,' �1'• _ — I'. — /�•. ,.y .• Ct' '------S�Ai16Nax';", ,, '• ?UBt tC ROOM ♦..' `� V� r 1 21 .A2 2 ,' ' '' `'' '^tiff i '131 131 Asi7s.. rem WAJTI • r RE. .3 � � f 1 i 1 :. F R N ! r H tAf2GED ' � 1 r I LOBBY PLAN 12 -11wAln 1231' ` cs�•. 12 : I ''� '' ..'•"•:ver, : ;�;`�':`•:';. 1 (FORMS, 1 A3:1 . / I , EbM OF _�t UP.' dPEN.,: FLOOR A�91� — ;f :••4.:.z;,'1 . —'—=r— `•cps: r4l j '� ,\ r .\ �\ up 1 UPI lE1VJL h�ARRIAG 1'10 �-� : .-0 r A. SM \ ;, '�': • f b { ; 1.107 , .: _♦� / OUT / / i:: ---- -------:-.,-- IN ,,,, GUN r �. M1OIGgTES' SF � � ;.� :y., 1;101• n, CK •�EY•,i�c•'.•��.-.-��,•w•,.,•'' ,\. 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