Loading...
HomeMy WebLinkAbout2019-064Lease Agreement Lessor: Indian River County, Florida A political subdivision of the State of Florida 1801 27th Street Vero Beach, FL 32960 (Hereinafter County) Lessee: City of Vero Beach A Florida municipal corporation P.O. Box 1389 Vero Beach, FL 32961-1389 (Hereinafter City) Witnesseth That: WHEREAS, the County recently purchased from the City a parcel of land commonly known as the Dodgertown Golf Course located at the southeast corner of 43rd Avenue and 26th Street; and WHEREAS, the County is in the process of planning improvements to the 34± acre parcel but is not yet ready to begin construction; and WHEREAS, prior to the sale of the parcel, the City was utilizing the building that housed the former pro shop, cart barn and concession area as a storage and maintenance facility for City Recreation Department programs and also used the parking lot surrounding the building for storage of its portable stages. The building, the parking lot and the area directly around the building shall be collectively referred to as the Property, a general depiction of which is contained on the aerial photo attached to this Lease Agreement and incorporated by reference herein; and WHEREAS, the City desires to continue its current use of the Property for a period of time while the County prepares its plans for improvement of the 34± parcel and the County has no objection to the continued use; NOW, THEREFORE, for in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1 1. Term of Lease: Rental. The County shall lease to the City the Property for the term of six (6) months at a rental of one dollar ($1.00) per month. This Lease Agreement (Agreement) shall be extended upon mutually agreeable terms, for up to four (4) additional three (3) month terms, unless one party notifies the other party in writing of its intent to not renew at least sixty (60) days prior to the expiration of a term. 2. Use of The Property. The Property shall be used by the City for the purpose of storage and maintenance of City Recreation Department programs. The City agrees that its portable stages will not be stored in the parking lot. 2.1 Maintenance. The City shall be responsible for mowing the grass together with weeding, trimming and pruning trees and shrubs on the Property. The City shall be responsible for maintenance and repairs of the structure, and existing lighting of the Property, including Tight bulb replacement. Maintenance of the structure shall include cleaning and repair of the gutter system, and repair of the soffit. These repairs must be completed within 30 days after the execution of the lease agreement. 2.2 Utilities. The City shall pay all utilities and trash removal for the Property. 3. Insurance. The City shall obtain and maintain commercial general liability insurance in the amount of $1,000,000, naming the County as an additional insured. The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and company acceptable to the County's Risk Management Division. 4. Non-discrimination. The City shall operate the Property in compliance with all local, state and federal laws, rules or regulations. 5. Cancellation. The City may cancel this agreement at any time by giving the County sixty (60) days written notice. At the termination of this lease agreement from whatever cause, it shall be the City's responsibility to restore the Property to a condition no worse than what would be reasonably expected with normal wear and tear. 6. Assignment. The lease may be assigned or transferred only with the written approval of the County. 7. Emergency County Use. In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Property as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall restore 2 the Property at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. 8. Hold Harmless. To the extent allowed by law, and without waiving its sovereign immunity, the City shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of City, except for those claims arising out of the County's own negligence. 9. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10. Improvements to the Property. The City shall obtain the County's permission before constructing any improvements on the Property. At the termination of the lease, the City shall be permitted to remove any personal property not attached to the Property and any buildings, fixtures or equipment attached to the property shall become the property of the County. 11. Breach of Agreement. A breach by the City of any of its obligations under this lease shall be grounds for the County to terminate this lease, except that before such termination, the City shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 4, the City shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of said property until insurance is reinstated. Failure to timely reinstate the insurance or use of Property while there is no insurance may subject the City to automatic termination of this Agreement. 12. Use of the Airport Parcels for Parking for Special Events. The Parties recognize that the amount of rent paid by the City does not represent a fair market rental rate for the Property. In consideration of this reduced rate, the City agrees to rent to the County, at the City's sole expense, subject to availability and without causing undue interference with regular activities and events previously scheduled by the City, the City owned vacant land on the north side of Aviation Boulevard for parking for special events. Any request for reservation of the Aviation Boulevard parking areas, shall be made thirty (30) days in advance by written notice. The Parties agree to make their best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this Section. The County has the right to use the Aviation Boulevard parking areas three times in the three years from the date of this Agreement. 3 13. Access for Inspection. The County may come onto the Property at such reasonable times and frequencies as deemed necessary by the County to inspect the condition of the Property. IN WITNESS WEREOF, COUNTY and CITY have executed this instrument this day of 2019. Attest: Jeffry R. Smith, Clerk of Court An Comptroller 6daddR) By: Deputy Clerk rov=•: ft.4403 Jason : gown, County Administrator App Indian River County, Florida Bob Solari, Chairman BCC Approval: April 9, 2019 Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 4 ATTEST: ). SLIMS Tammy K. sick City Clerk [SEAL] CITY ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: ct,,CPLA,„ CITY OF VERO BEACH ffudans ►� -yor Date signed: - 119 ^ 19 Approved as conforming to municipal policy: Printed Name: C,• —lo n Mone Falls Interim City Attorney Interim City Manager Approved as to technical requirements: Approved as to budget requirements: Monte K. Falls Public Works Director 5 Cynt�fja'D. Lawson Finance Director 1•• -7;..t I` SV Indian River. County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 . Print :1 Back IndianRiver County, Florida Property Appraiser ParcelID OwnerName 32392600011023000001.1. CITY OF VERO BEACH 4303 26TH ST VERO BEACH, FL 32960 Notes PropertyAddress The Property subject to the Lease Agreement is 25 feet from the paved areas as depicted above. http://www.ircpa.org/PrintMap.aspx 4/3/2019 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK the Property at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. 8. Hold Harmless. To the extent allowed by law, and without waiving its sovereign immunity, the City shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of City, except for those claims arising out of the County's own negligence. 9. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10. Improvements to the Property. The City shall obtain the County's permission before constructing any improvements on the Property. At the termination of the lease, the City shall be permitted to remove any personal property not attached to the Property and any buildings, fixtures or equipment attached to the property shall become the property of the County. 11. Breach of Agreement. A breach by the City of any of its obligations under this lease shall be grounds for the County to terminate this lease, except that before such termination, the City shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 4, the City shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of said property until insurance is reinstated. Failure to timely reinstate the insurance or use of Property while there is no insurance may subject the City to automatic termination of this Agreement. 12. Use of the Airport Parcels for Parking for Special Events. The Parties recognize that the amount of rent paid by the City does not represent a fair market rental rate for the Property. In consideration of this reduced rate, the City agrees to rent to the County, at the City's sole expense, subject to availability and without causing undue interference with regular activities and events previously scheduled by the City, the City owned vacant land on the north side of Aviation Boulevard for parking for special events. Any request for reservation of the Aviation Boulevard parking areas, shall be made thirty (30) days in advance by written notice. The Parties agree to make their best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this Section. The County has the right to use the Aviation Boulevard parking areas three times in the three years from the date of this Agreement. 3 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized 0 cia Bob Solari, Chairman (Typed Name and Title of Authorized Official) April 16, 2019 (Date) COM4).7"', ...... "R- • 0 • ; • :*: www.hud.gov espanol.hud.gov Page 3 Tax ID_ No.: 59-6000674 CoC Program Grant Number: FL0119L4H091811 Effective Date: 2/20/2019 DUNS No.: 079208989 Grant No. FL0119L4H091811 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Recipient Name Indirect cost rate Cost Base www.hud.gov espanol.hud.gov Page 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0338L4H091805 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $ 74976_ for project number _FL0338L4H091805 . If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 74976 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov Page 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12 . The performance period for the project begins 09-01-2019 and ends 08-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov Page 2 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0338L4H091805 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0338L4H091805 www.hud.gov Indirect cost rate Cost Base espanol.hud.gov Page 4 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: cN r (Signature of Authorized Official) Bob Solari, Chairman (Typed Name and Title of Authorized Official) April 16, 2019 (Date) www.hud.gov espanoi.hud.gov Page 3 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0360L4H091809 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_98208_ for project number FL0360L4H091809 . If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 98208 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov Page 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12 . The performance period for the project begins 06-01-2019 and ends 05-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's fmal operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov Page 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official Bob Solari, Chairman (Typed Name and Title of Authorized Official) April 16, 2019 t37. ,4 .7z1 1,1)' (Date) www.hud.gov espanol.hud.gov Page 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0360L4H091809 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0360L4H091809 Indirect cost rate Cost Base www.hud.gov espanol.hud.gov Page 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0380L4H091804 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_94608_ for project number _FL0380L4H091804 . If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities $ 0 b. Acquisition $ 0 c. Rehabilitation $ 0 d. New construction $ 0 e. Leasing $ 0 f. Rental assistance $ 94608 g. Supportive services $ 0 h. Operating costs $ 0 i. Homeless Management Information System $ 0 j. Administrative costs $ 0 k. Relocation Costs $ 0 www.hud.gov espanol.hud.gov Page 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-tenn rental assistance $0 $0 4. Performance Period in number of months: 12. The performance period for the project begins 09-01-2019 and ends 08-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's fmal operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov Page 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) Bob Solari, Chairman (Typed Name and Title of Authorized Official) April 16, 2019 (Date) www.hud.gov espanol.hud.gov Page 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0380L4H091804 Effective Date: 2/20/2019 DUNS No.: 079208989 Grant No. FL0380L4H091804 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Recipient Name Indirect cost rate Cost Base www.hud.gov espanol.hud.gov Page 4 Recipient Name: Indian River County Board of Commissioners Grant Number: FL0440L4H091807 Tax ID Number: 59-6000674 DUNS Number: 079208989 SCOPE OF WORK for FY2018 COMPETITION (funding 1 project in CoCs with multiple recipients) 1. The project listed on this Scope of Work is governed by the Act and Rule, as they may be amended from time to time. The project is also subject to the terms of the Notice of Funds Availability for the fiscal year competition in which the funds were awarded and to the applicable annual appropriations act. 2. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Grant Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for this grant was designated an HPC for the applicable fiscal year. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $_115188_ for project number _FL0440L4H091807 . If the project is a renewal to which expansion funds have been added during this competition, the Renewal Expansion Data Report, including the Summary Budget therein, in e -snaps is incorporated herein by reference and made a part hereof. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. Continuum of Care planning activities b. Acquisition c. Rehabilitation d. New construction e. Leasing f. Rental assistance g. Supportive services h. Operating costs i. Homeless Management Information System j. Administrative costs k. Relocation Costs www.hud.gov $0 $0 $0 $0 $0 $ 115188 $0 $0 $0 $0 $0 espanol.hud.gov Page 1 1. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 4. Performance Period in number of months: 12. The performance period for the project begins 04-01-2019 and ends 03-31-2020 . No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. 5. If grant funds will be used for payment of indirect costs, the Recipient is authorized to insert the Recipient's and Subrecipients' federally recognized indirect cost rates on the attached Federally Recognized Indirect Cost Rates Schedule, which Schedule shall be incorporated herein and made a part of the Agreement. No indirect costs may be charged to the grant by the Recipient if their federally recognized cost rate is not listed on the Schedule. If no federally recognized indirect cost rate is listed on the Schedule for a project funded under this Agreement, no indirect costs may be charged to the project by the subrecipient carrying out that project. 6. The project has not been awarded project -based rental assistance for a term of fifteen (15) years. Additional funding is subject to the availability of annual appropriations. www.hud.gov espanol.hud.gov Page 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Tom Bilodeau, Program Manager (Typed Name and Title) February 20, 2019 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: Bob Solari, Chairman (Typed Name and Title of Authorized Official) April 16, 2019 (Date) www.hud.gov espanahud.gov roe Page 3 Tax ID No.: 59-6000674 CoC Program Grant Number: FL0440L4H091807 Effective Date: 2/20/2019 DUNS No.: 079208989 FEDERALLY RECOGNIZED INDIRECT COST RATE SCHEDULE Grant No. Recipient Name FL0440L4H091807 www.hud.gov Indirect cost rate Cost Base espanol.hud.gov Page 4 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check or credit card payment. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment. This Contract may not be assigned by the Subrecipient without the prior written consent of the County. Nancy Mossali From: Nancy Mossali Sent: Monday, April 22, 2019 10:11 AM To: Jason Brown; Dori Roy; Kristin Daniels; Michelle King; Rich Szpyrka Cc: Dylan Reingold; Bill Debraal Subject: Lease Agreement - Dodgertown Golf Course property Attachments: Lease Agreement with copy of recorded Warranty Deed.pdf Good Morning, Attached for your information and file is a scan of the fully executed Lease Agreement between the County and the City of Vero Beach pertaining to the building, parking lot and the area around the building of the former Dodgertown golf course. The date on page 4 has been left blank (the County signed on April 9th and the City signed on April 16 but the effective date is April 18th since the County didn't take title to the property until April 18th). A copy of the recorded Warranty Deed to the property (which includes part of the leased premises) has been attached to your copy of the Lease Agreement. Regards, Nancy H. Mossali Legal Assistant Office of County Attorney INDIAN RIVER COUNTY 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 nmossali@ircgov.com 1 3120190022911 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3200 PG: 863, 4/18/2019 1:56 PM D DOCTAX PD $0.70 Record and retum to preparer of instrument: City Attorney City of Vero Beach P.O. Box 1389 Vero Beach, FL 32961-1389 Property Appraiser's Parcel Recording: Identification No(s).: Deed Stamps: 32392600011023000001.1 Total: 32392600011023000001.2 32392600011023000001.3 WARRANTY DEED THIS WARRANTY DEED made the 1 S day of April, 2019, by the CITY OF VERO BEACH, a municipal corporation of the State of Florida, whose mailing address is P.O. Box 1389, Vero Beach, FL 32961-1389, hereinafter called the GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the GRANTEE: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: THAT THE GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in Indian River County, Florida, viz: SEE EXHIBIT "A", PAGES 1 AND 2, ATTACHED HERETO AND INCORPORATED HEREIN DODGERTOWN PARCEL 1-A, 2-A, AND PORTIONS OF PARCELS 1-C AND 3-A Parcel ID Numbers: 32392600011023000001.1, 32392600011023000001.2, 32392600011023000001.3 Subject to easements, restrictions, reservations and rights of way of record, including but not limited to Exhibits "B" and "C". GRANTOR COVENANTS with Grantee that Grantor has good right and lawful authority to sell and convey the property and Grantor warrants title to the property and will defend the title against lawful claims of all persons, whomsoever. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. Page 1 of 2 N:\Clicnt Docs\City Council\REAL PROPERTY\Deeds\Warranty Deed Dodgertown 2019.4.12.kch.docx BK: 3200 PG: 864 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH, a municipal corporation of the State of Florida ,> The foregoing instrument was acknowledged before me this JJ day of April 2019 on behalf of the City of Vero Beach, Florida by Val. Zudans, as Mayor, and attested by Tammy K. Bursick, as City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. SHERRI PHILO (.11'6N.: -S., MY COMMISSION # GG 018401 — "'' ` EXPIRES: December 3, 2020 �4' Bonded Thru Notary Public Underwriters NOTARY PUBLIC Print Name: Commission No.: My Commission Expires: (Notary Seal) ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal Approved as conforming to municipal sufficiency: policy: Kira C. Honse Interim City Attorney Monte K. Falls Interim City Manager Page 2 of 2 N:\Client Docs\City Council\REAL PROPERTY\Deeds\Warranty Deed Dodgertown 2019.4.12.kch.docx BK: 3200 PG: 865 Property Description City Dodgertown Parcels (#2019-01) April 12, 2019 EXHIBIT "A" Property Description DODGERTOWN PARCEL 1-A, 2-A, AND PORTIONS OF PARCELS 1-C AND 3-A Parcel Id Numbers: 32392600011023000001.1, 32392600011023000001.2, 32392600011023000001.3 Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Section 3, Township 33 South, Range 39 East and being more particularly bounded and described as follows: All of Dodgertown Parcel 1-A as described in Official Records Book 1961, Page 956 of the Public Records of Indian River County, Florida; Less: That portion of Parcel 1-A dedicated for additional right of way along 43rd Avenue and 26th Street as described in Official Records Book 3198, Page 2399 of the Public Records of Indian River County, Florida; Together with; Dodgertown Parcel 2-A & a portion of Parcel 1-C as described in Official Records Book 2517, Page 547 of the Public Records of Indian River County, Florida; Together with; Dodgertown Parcel 3-A as described in Official Records Book .1961, Page 968 Of the Public Records of Indian River County, Florida; Less: That portion deeded to Indian River County as described in Official Records Book 2517, Page 551 of the Public Records of Indian River County, Florida; Also Less: That portion right of way deeded to Indian River County along 43rd Avenue, as described in Official Records Book 2878, Page 480 of the Public Records of Indian River County, Florida; Overall Parcel also being described as: Commencing at the northwest corner of Section 3-33-39; Thence South 00°00'47" West along the west line of said Section 3-33-39 for a distance of 72.01 feet; Thence South 89°45'38" East for a distance of 50.00 feet to a point on the east right of way of 43rd Avenue and Point of Beginning of the following described parcel; Thence from the Point of Beginning, run North 45°07'21" East for a distance of 56.46 feet; Sheet 1 of 2 BK: 3200 PG: 866 Thence South 89°45'38" East for a distance of 116.03 feet; Thence North 68°26'07" East for a distance of 5.38 feet to a point on the south line of the Indian River Farms Water Control District's Canal A-3; Thence South 89°45'38" East on said south line of Canal A-3 for a distance of 658.96 feet; Thence South 03°32'27" West for a distance of 582.12 feet; Thence South 00°14'21" West for a distance of 360.85 feet to the northwest corner of the eastern portion of Parcel 3-A as described in Official Record Book 2517, Page 551 of the Public Records of Indian River County; Thence South 02°50'58" East for a distance of 830.37 feet to the southwest corner of said eastern portion of Parcel 3-A, said point also lying 50 feet north of and perpendicular to the Indian River Farms Water Control District's Main Canal; Thence South 69°22'53" West along the south line of the western portion of Parcel 3-A, as described in Official Record Book 1961, Page 968 of the Public Records of Indian River County, for a distance of 880.69 feet to a point on the east right of way of 43rd Avenue; Thence North 00°00'47" East along said east right of way of 43rd Avenue for a distance of 88.90 feet; Thence North 04°41'53" East fora distance of 159.16 feet; Thence North 00°00'47" East for a distance of 345.67 feet; Thence North 10°28'14" East for a distance of 33.06 feet; Thence North 00°00'47" East for a distance of 75.08 feet; Thence North 07°48'44" West for a distance of 139.55 feet; Thence North 00°00'47" East for a distance of 1203.71 feet to the Point of Beginning; David Gay, PS S:1City Properties\Dodgertownl2019-01 Dodgertown Sate to Countyl2019-01 COVB Dodgertown Property Description.docc Sheet 2of2 BK: 3200 PG: 867 EXHIBIT ";" ADDENDUM TO AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTYAND THE CITY OF VERO BEACH 1. GRANT OF FIRST REFUSAL. The County hereby grants to the City the exclusive option to purchase the real property locally known as the Dodgertown Golf Course located in Indian River County, Florida, described in Exhibit "A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Grant of First Refusal becomes legally binding upon the Parties at closing. 2. GRANT OF FIRST REFUSAL TERMS. The City shall have the exclusive option to purchase the Property at a price mutually agreeable to the parties, upon the occurrence of any of the following: (a) The County's lease with Verotown, LLC concerning Major League Baseball (MLB) for Historic Dodgertown expires and is not renewed or the lease is otherwise cancelled. (b) The County declares its intent to sell the Property. (c) The use of the Property is no longer consistent with the use of Historic Dodgertown by Verotown, LLC (d) The Property is no longer used for passive recreation, environmental projects such as stormwater storage and/or treatment. Upon the occurrence of any of the above, the County shall advise the City in writing within 15 days. The City shall then have 30 days to notify the County in writing of its intent to exercise its option to purchase the Property. If the City exercises its right to purchase the Property, the Parties shall have 90 days to reach a mutually agreeable purchase price supported by an appraisal(s) and enter into a contract for the purchase and sale of the Property. The Parties may mutually agree to extend the term for the exercise of the option to purchase the Property or extend the time to reach an agreeable purchase price. 3. BEST EFFORTS. The parties agree to use their best efforts to exercise the option and close as soon as possible, even if prior to the Option Expiration Date, so long as all requirements of this Agreement are fulfilled. 4. ASSIGNMENT. This Grant of First Refusal may not be assigned without the permission of the other party. SIGNATURE PAGES TO FOLLOW 1 EXHIBIT "B" - page 1 of 4 pages BK: 3200 PG: 868 IN WITNESS WHEREOF, the undersigned have executed this Addendum as of the date first set forth above. INDIAN RIVER COUNTY, FLOR1 �` i.': o�'; • BOARD OF COUNTY COMMISSION • sicca•. Y Bob Solari, Chairman •C�UIJ**''• 'pR' Approved by BCC 3-6_12. 2-2-, • "� ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E Brawn County ' d ► inistrator Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney 2 EXHIBIT "B" - page 2 of 4 pages BK: 3200 PG: 869 CITY OF VERO BEACH [SEAL] arty io wle III Mayor Date signed: - - f 9 CITY ADMINISTRATIVE REVIEW (For Internal Use Only -Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Kira C. Honse Interim City Attorney Approved as to technical requirements: eAk- Approved as conforming to municipal policy; meg R. O'Connor City Manager Approved as to technical requirements: -��M to K. Falls nthia D. Lawson Public Works Director Finance Director 3 EXHIBIT "B" - page 3 of 4 pages seOed b }o ti abed „a„ 1I81HX3 ;EXHIBIT "Al SCALE t'. 430• SURVEYOR'S NOTES bra. a Kr01140 X K 430304 30=IC a00.0woN Ma. Ca, lot n�4.40. 0.04 0041. we 00.1...1.1(.01.0 we win 304•0 mamas114=VC ION 5 14 w30. 730110 o..30. 71=4 ft= *Car. It Vac= LK w ..f 1.44CUOMO IK 4.k r6RAAW AMAOLT 4016 ,NO 110u 30 6645 tri ▪ 10.1.03 rat IK 451x.304..0 Ka000.0 404030 p 4 6060 030K1G fa= W 400010 Ca® MI 601465. ▪ o1. 00e r0130 10 III 14.6.1. MASI 07 4140 . 1660 104 AO a10.e14rm.0003 w 4701,0.000 98.710 KPC Mr M3 1,441 w M 10.•0409.4. 010 ,14989 90041, wl 004003.300 COM 49004 96.8471710410 .MOO rotYKPOI 109.4 6430604.4 Non 1,430 1(1 UMW 6(4.911 s7. 104 War 17 Uµ4 0 .140.0 4 144 66 .17676 41.40 41400 41'830 906041.01 LEGEND Mown ea Mon Ut 001. POI. 11( ABBREVIATIONS 301.4 n.o ONE NM 01. CNN. OMR COM atom 1,.i lira= A -- LO•uw 30.00. 559'45.39.E 75.00. 1 I Jr Iaa MOOT 1000030 -_-yis.'�F'.8••••1,0308 1 2916 517[[7 / WALKED 11(157[ 9 " -- . �.1 1f- .10`.�.�.1 sE9'1S7ai iWeP k '_lam AR4R3t1_ PAROEEI. i li 7.0.0(11.3 SSA .NA 0844.0 MNMI 40 ACI. 31-0.1.000-00.0•131.3 ` V14343.00.011-030311 - 3.00 0i-03031.4 aelair0.0 440 PORN CP Com.= MIL w MO. m KI K•0473377 woK r .m•w0. =.3.10.0.40 >m 304.1,. w4.4'.4i4,400 /100.44 raw= ...A• alu.lii- Pi Sig I1 C(TY OF VERO BEACH PARCEL 3524 ACRES (TOTAL) IDLES 7401 403 1- OW0701a1 11 i it 1,l 'Cr 1w•03•1„M6.0 a6 144.177040 0001 • . moan*Ca. 074 PO 3*0 4 Y saw OK• C.017 MK.=�/as 31.1.0.70111.41.001 tl Q.w M4a14950.0 m.04.1•4000_I 33-10-14-0•71-413.031.1I rt5,.t.071 .40.40 .167 .--.770000471Ea 30 0.017 513.07 4>i a=0 .140MO 0471 -(0.41161 0164.17 .64447.1 4. 44 law 70 30 MOO M man ..44.730 7546 10 WO - I F-r__asr anawL. � 1,:01-8 cairn 30 K 141 444 .016 vis. �v 4o .044+1 wcavt_wa 1441 3001.11,30 � IFE `300NR�' P\' Ca PR0004TY O(SDAPNDN 91441165 la 7410 w 711604. 8.100 Of 58464n 040 *(416048.161304 744T Or 1604 w 1670. 17(..9+ X IOU. 441 1 0407 Cr ,.( P041 w 164110 a( .044.116 roma (01644.4Kc06(o1• 94. 1.l 10:4 3. oaf M O M MOM Crnwala Km17.04 6 moan 414341011104sa .K K 40 8la 30 44 60 .4114:14.0.4114:1.4114:14.01.•• a.0. ocK .,441 .003 430 0001100 9 4 4 1,04440 46 Or 00011,101, Pan 1.4 al P706O. CM= IKOPO1104 1LP.a.4w OC NOK KcwMv.5441 .0112040.110.4. 100.1741 1071 6($401(11. 740 7-4. • .4.3000 r44-0•0140410 KW. 41.7131,.a.rw.(.32.6 Km.a1w.o-4 aro. awl.• rwo.: laG(T ER 116 004010 1401 44 *( M1321M . 0*444 KORN .lm .Y O of MRO .14040 Or •(4 001(6 mall. 4004. 1(sl K•10 COMM c .(...430 Munn ,n 4 00000 moa MOM mot 730. Pah v. a TK ara KcaM Or .1071..*(. MA. nw4 K10 Mk Twe 101. 7103000 W'or 00 MC 72 WC. 46030 06 40 410 m we mod. 6 00 am 00 mo04. =OR C. GOY MAR 01654. ROIY, 04(t.l P4406 P110 .ba MONO 4: 01464300 ti 16.0.0.140(30.0 Or 130011 Y33 -s 7006 18170 m1Vr *141 .0100 MC KA la O 1.6 0004 3-3435 (30 • 06(328 0 340 7161: . 11606E 06114 ardlr OM 707 A 01708 0 15.00 3C[T 10 • 867 Or 5086041 .70 .a Car 104 Or .4. Or 001 *Kw( 440 M *0270 004104 7)0 .04 POOP 1464 010 CWI.a 611003 1448 4-3. COO 17110110001 0.30 111010 TK MUT 0 3(0.16306 0 1.( IRO.*( 64101900 (04211 'WAX 0000 50 awe O 030641,4 040..4 1A1. 4'931• EMI s 100 UC 90,14 304 0 1400 4-3 r30 A 054400 a1, 404.4* 4107, 14001C 10,0. 017116 11(4 60 4 06444 Cr 00.11 76; 74400 (6401 04033? ,6301 Eq • 0014.6 0, X0011(14 Wawa 7844 341017. 040 606 a 00140 Or 4007 0( 00 17011 1.00 10 MCI KO. Of .13 1300044444 TO 716 .424 RK6 rata ..10 0178 01bOT1.40 0.441 55564 110411 70](17. 111( 46 04.411001 170 04 740 41401 (404 169. 00146 w ••DO 4311 0 . KIWI 00 4111 5411 0 041 0 400 .007(4 0460 4044 00900" 3401 43.0.0 04 Lo Cal 4411 Or .a7 0 434 4KKO 00 011413C 0 M.*0 16C ,401 war. 01,111.7• as* 630. 061.46 or 0*6.6 my; 1100 00. 00040 1447 101 4 63708 0 1911 787• 1KKC ram warn: 40 ma • oSWK(0 )104 O4C .(46 Keen C10r*r Cm. IN • 64.6E 0 7.10 REL 11410 40t31 CNC.' sal fp a 06746 Cr 01.11 ray 440 43014 000.16 (K1 704 1 064064 0 07077 RCT: 11610 0X70 av134" 1457 106 • 81U0 0 117 rut TO 00 P0410 1001,..9 008 14481. 01,17400*( 30161 EOP•E Ea. s 3141 40[1 rate 64 ri59 447• s.6 747161. 06.40710 74044(0 4. 9041. DA1R0 CAT. PSI /5073 DATE $ KIM 41447,114eaka. Ile nap! CITY PROPERTY/43RD AVENUE AND 2STH STREET BOUNDARY SURVEY .. p` CITY OF VERO BEACH DEPARMENT OF PUBUC NORMS SURVEYING & ENGINEERING DIVISION C11YP*C0R10. 7017.]0 I SKIT 1 Ort 0L8 : Jd ooz£ :NEI BK: 3200 PG: 871 EXHIBIT "C" DEED RESTRICTIONS The following are restrictions to the use of the Property conveyed by this deed and shall run with the land and be binding on current and future owners unless released by the City of Vero Beach: 1. The County agrees to exclude residential development from the permitted or allowable uses of the Property. 2. For so long as the Amended and Restated Facility Lease Agreement for the Dodgertown Property is in effect, the Property will be used for passive recreation, environmental projects, or activities that are ancillary to and consistent with the use of the Dodgertown Property by Verotown, LLC. 3. The County shall convey to the City a grant of first refusal, in accordance with the Addendum to Agreement attached to this Deed as Exhibit "B" and incorporated by reference herein. 4. Upon completion of the State Road 60/43rd Avenue Improvement Project or within 36 months of the date of this deed, the County shall plant additional trees and landscaping along the east side of 43rd Avenue. The above Deed Restrictions are hereby acknowledged. ATTEST: Jeffrey R. Smith, CircuitCourt and By: ` y�%%%%04 Deputy t✓ Clerk of Comptroller APPROVED AS TO FORM AND LEGAL SUFFICINC BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY /C° �CO.tir;Zj�s ,. •• o ... so= INDIAN RIVER COUNTY, FL ID'•N;, By: �'� �J6`fQ4:••• `► G� Bob Solari, Chairman :f./ oi,I Ti:ic°.:�' Board of County Commissioneft'••••.••""' BCC approved: February 12, 2019 EXHIBIT "C" - page 1 of 1 page