HomeMy WebLinkAbout1992-050a/a7 IOU( HEso)LEOA[.(WC3C-_ m)
RESOLUTION NO. 92-50
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING A LEASE OF THE "OLD
HEALTH DEPARTMENT BUILDING" TO THE
COALITION FOR THE HOMELESS OF INDIAN RIVER
COUNTY, INC.
WHEREAS, application has been made to lease the "Old Health
Department Building" by the Coalition for the Homeless of Indian River
County, Inc., a Florida not-for-profit corporation, organized with a purpose
to eliminate homelessness in Indian River County, Florida; and
WHEREAS, the Coalition intends to lease that building for offices
to house the Coalition for the Homeless of Indian River County, Inc., as well
as providing office space for the Mental Health Association, the YMCA Youth
Volunteers, the Habitat for Humanity, Inc. and the Volunteer Action Center;
and
WHEREAS, the term of the lease shall be for three years from
April 1, 1992 to March 31, 1995 at a rental price of $2.00 per square foot
per year for a total rental of $12,302.00 per year;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The recitations set out above are hereby ratified.
2. The Chairman is authorized to execute on behalf of the Board
of County Commissioners the lease attached hereto as Exhibit "All.
Block 3, Original Town of Vero (a/k/a Town of
Indian River), as recorded in Plat Book 2,
Page 12, Public Records of St. Lucie County,
Florida, said land now lying in Indian River
County, Florida.
The resolution was moved for adoption by Commissioner Scurlock ,
and the motion was seconded by Commissioner Bird , and, upon being
put to a vote, the vote was as follows:
Chairman Carolyn K. Eggert Aye
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 24thday of March , 1992.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest:
Bart " , Clerlr
By jI
CarolW K. Egge,#dChairman
Indun.1lw Ca
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LEASE
THIS LEASE is made between the Board of County Commissioners
of Indian River County, hereafter called "Lessor", whose address for
purposes of notice under this lease is Office of County Administrator, 1840
25th Street, Vero Beach, Florida 32960, and Coalition for the Homeless of
Indian River County, Inc., hereafter called "Lessee", whose address for
purposes of notice under this lease is P. O. Box 4320, Vero Beach, Florida
32964-4320.
The parties agree as follows:
1. AGREEMENT TO LEASE; DESCRIPTION OF THE PROPERTY.
The Lessor leases to the Lessee, and the Lessee rents from the Lessor, the
following described parcel of land:
Block 3, Original Town of Vero (a/k/a Town of
Indian River), as recorded in Plat Book 2,
Page 12, Public Records of St. Lucie County,
Florida, said land now lying in Indian River
County, Florida.
Together with all structures and improvements thereon.
2. TERMS OF LEASE. The term of the lease is as follows:
The term of this lease shall be a period of three (3) years,
commencing on April 1, 1992, and ending at 12:00 midnight on March 31,
1995. The term of this lease may be extended by mutual agreement of the
parties at the end of the 3 -year term, subject to Lessor consent and
renegotiation of the terms and conditions of this lease, if Lessee delivers
written notice of intent to request renegotiation to Lessor no later than 120
days from the end of the term.
3. RENTAL.
a. Lessee shall pay to Lessor as rental at the address set forth
above, the minimum annual rental of Twelve Thousand Three Hundred Two
Dollars ($12,302.00) in lawful money of the United States of America.
b. The minimum annual rental shall be payable in monthly
installments on the first day of each month of each year during which the
lease is in effect, as set out below.
(1) The rental for the first year shall be paid in nine
installments with the first payment due July 1, 1992 in the amount of One
Thousand Twenty -Five and 17/100 Dollars ($1,025.17). Successive payments
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1EXHIBIT "A"
in the same amount shall fall due on the first day of each succeeding month
during the first year of the lease term.
(2) Monthly payments for the second and third years shall
be in the amount of One Thousand Twenty -Five and 17/100 Dollars
($1,025.17) and fall due monthly beginning on April 1, 1993 of those years.
C. All payments due from Lessee to Lessor under the terms of
this lease, including but not limited to monthly rental payments, shall be
paid promptly when due to Lessor at the place designated above as Lessor's
address. If any payment is not received by Lessor by 5:00 p.m. on the
10th day following the day on which the payment is due, a late fee by
Lessee to Lessor shall be due as additional rental equal to 5% of the
delinquent payment.
d. Lessor waives rental payment for the first three months of
the lease term.
4. TAXES. Lessor shall be responsible for all municipal, county
or state taxes assessed during the term of this lease, if any, on the leased
real property. Lessee agrees to pay any taxes levied against the personal
property and trade fixtures of the Lessee in and about the premises,
provided, however, that if any such taxes of Lessee are levied against
Lessor, or Lessor's property, or if the assessed value of Lessor's property
is increased by. the inclusion of the value placed on Lessee's property, and
if Lessor pays those taxes, Lessee, on demand, shall reimburse Lessor for
all taxes actually paid on Lessee's behalf.
5. LESSEE'S COVENANTS. Lessee further covenants and agrees
as follows:
a. To pay the rent and every installment of it when and as it
comes due; to use the premises in a careful and proper manner for the
expressed purpose of operating the corporate offices of the Coalition for the
Homeless of Indian River County, Inc., as well as providing office and
operating space for the Mental Health Association, the YMCA Youth
Volunteers, the Habitat for Humanity, Inc., and the Volunteers in Action.
Lessee shall arrange for the proration, collection and payment of rent from
said aforementioned subtenants; to commit or permit no waste or damages to
the premises; to conduct or permit no business or act that is a nuisance or
(excepting movable furniture, equipment, supplies, inventory and special air
conditioning equipment installed by Lessee) shall become and remain the
property of Lessor on the termination of Lessee's occupancy of the premises.
b. To pay all costs of fuel, electricity, garbage, telephone and
all other utilities used on the premises. All those amounts shall be paid
within ten days of becoming due.
C. To maintain at all times during the lease term, at Lessee's
cost, a commercial general liability coverage in a minimum $300,000.00
combined single limit for bodily injury and property damage, protecting
Lessor against all claims or demands that may arise or be claimed on account
of Lessee's use of the premises. If Lessee falls under the requirements of
the Florida Worker's Compensation Law, coverage shall be provided for all
employees in compliance with the statutory limits, including an employer's
liability policy with a minimum limit of $100,000.00 per accident. Lessee shall
maintain business auto liability coverage if there is a relationship to the
subject lease. Lessee shall maintain fire legal liability insurance to protect
Lessor against tenant negligence leading to a fire, as well as carrying
property coverage on the building contents. The insurance shall be written
on a company or companies acceptable to Lessor rated Best A+VII and
authorized to engage in the business of general liability insurance in the
State of Florida. Lessee shall deliver to Lessor annual certificates
demonstrating that insurance is paid up, issued by the insurance companies.
Lessee shall obtain a certified statement by each insurance carrier containing
a clause providing that the insurance carrier will give Lessor 30 days'
written notice before any cancellation shall be effective. The insurance
policies shall be for a period of not less than one year.
d. To prohibit and refrain from engaging in or allowing any use
of the leased premises that will increase Lessor's premiums for insurance on
the building, without the express written consent of Lessor.
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may be
in violation
of any federal,
state or local law or ordinance; to
surrender the
premises on expiration
or termination. of this lease in clean
condition
and
good
repair, normal
wear and tear excepted, provided,
however,
that
all
alterations, additions and improvements permanently
attached
and
made
by Lessee, its
successors, sublessees and assigns
(excepting movable furniture, equipment, supplies, inventory and special air
conditioning equipment installed by Lessee) shall become and remain the
property of Lessor on the termination of Lessee's occupancy of the premises.
b. To pay all costs of fuel, electricity, garbage, telephone and
all other utilities used on the premises. All those amounts shall be paid
within ten days of becoming due.
C. To maintain at all times during the lease term, at Lessee's
cost, a commercial general liability coverage in a minimum $300,000.00
combined single limit for bodily injury and property damage, protecting
Lessor against all claims or demands that may arise or be claimed on account
of Lessee's use of the premises. If Lessee falls under the requirements of
the Florida Worker's Compensation Law, coverage shall be provided for all
employees in compliance with the statutory limits, including an employer's
liability policy with a minimum limit of $100,000.00 per accident. Lessee shall
maintain business auto liability coverage if there is a relationship to the
subject lease. Lessee shall maintain fire legal liability insurance to protect
Lessor against tenant negligence leading to a fire, as well as carrying
property coverage on the building contents. The insurance shall be written
on a company or companies acceptable to Lessor rated Best A+VII and
authorized to engage in the business of general liability insurance in the
State of Florida. Lessee shall deliver to Lessor annual certificates
demonstrating that insurance is paid up, issued by the insurance companies.
Lessee shall obtain a certified statement by each insurance carrier containing
a clause providing that the insurance carrier will give Lessor 30 days'
written notice before any cancellation shall be effective. The insurance
policies shall be for a period of not less than one year.
d. To prohibit and refrain from engaging in or allowing any use
of the leased premises that will increase Lessor's premiums for insurance on
the building, without the express written consent of Lessor.
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e. To indemnify and hold harmless Lessor and the leased
premises from all, costa, loss, damages, liability, expense, penalty and fine
whatsoever that may arise from or be claimed against Lpssor or the leased
premises by any person or persons for any injury to person or property, or
damage of whatever kind or character arising from the use or occupancy of
the leased premises by Lessee, or arising from any neglect or fault of Lessee
or the agents and the employees of the Lessee or their subtenants, in using
and occupying the premises, or arising from any failure by Lessee to comply
and conform with all laws, statutes, ordinances and regulations of any
governmental body or subdivision now or hereafter in force. If any lawsuit
or proceeding shall be brought against the Lessor or the leased premises on
account of any alleged failure to comply and conform or on account and
damage, omission, neglect (or use of the premises) by Lessee, or the agents
and employees or subtenants of Lessee, or any other person on the
premises, Lessee agrees that Lessee or any other person on the premises,
will defend it, pay whatever judgments may be recovered against Lessor or
against the premises on account of it, and pay for all attorneys' fees in
connection with it, including attorneys' fees on appeal.
f. In case of damage to glass in the leased premises, to replace
it with glass of the same kind, size and quality as speedily as possible, and
at Lessee's expense.
g. To perform all maintenance and repair, at Lessee's expense,
required to keep the heating and air conditioning equipment serving the
leased premises in good operating condition during the term of this lease and
any renewal term.
h. To submit plans for any interior remodeling for approval by
Lessor; to make no alterations in, or addition or improvements to, or install
any equipment in, without in each case obtaining the written consent of
Lessor. If any alterations, additions or improvements in or to the premises
are made necessary by reason of the special use and occupancy of the
premises by Lessee, then Lessee agrees that Lessee will make all such
alterations, additions and improvements in or to the premises at its own
expense and in compliance with all building codes, ordinances and
governmental regulations pertaining to such work, use or occupancy. Lessee
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agrees that Lessee will hold Lessor harmless against all expenses, liens,
claims and damages to either property or person that may or might arise
because of any repairs, alterations, additions or improvements that are
made. Any changes in plumbing fixtures shall be at the expense of Lessee.
I. To undertake minor maintenance as necessary to prevent
waste to the premises.
j. To undertake no major maintenance or structural alterations
affecting bearing walls without submittal of proposed remodeling plans for
approval by Lessor. Roof replacement shall be considered to be major
maintenance if the entire roof is replaced.
k. To maintain signs advertising its presence within the building
and that of its subtenants, only upon submitting such signage plan to the
County Community Development Department for property permitting.
1. To be responsible for roof patching to deal with minor leaks,
and such roof repair shall be considered minor maintenance.
m. To be responsible for trash removal, signage, lawn
maintenance, custodial maintenance, any outside and interior painting desired
by Lessee and pest control services.
n. To permit Lessor to enter, inspect and make such repairs to
and undertake major maintenance on items deemed structural in nature to the
leased property, all at reasonable times.
o. To permit Lessor to put on the leased premises a notice that
Lessee may not remove stating that the premises are for rent one month
preceding the expiration of this lease.
6. LESSOR'S COVENANTS. Lessor covenants and agrees as
follows:
a. To warrant and defend Lessee in the enjoyment and peaceful
possession of the premises during the aforesaid term.
b. If the premises are destroyed, or so damaged by fire,
casualty, or other disaster that they become untenantable, Lessor shall have
the right to render the premises tenantable by repairs within 90 days from
the date of damage with reasonable additional time, if necessary, for Lessor
to adjust the loss with insurance companies insuring the premises, or other
delay occasioned by conditions beyond the control of Lessor. If the
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premises are not .rehdered tenantable within that time, either party shall
have the right to terminate this lease by written notice to the other, and in
the event of such termination, the rent shall be paid only to •the date of the
damage. If the lease is not terminated, rent nevertheless shall be abated
during the period • of time from the date of damage to date of physical
occupancy by Lessee or date of complete restoration, whichever shall occur
first.
C. To be responsible for and bear the expense of entire roof
replacement and structural or bearing wall repairs that Lessor may determine
to be necessary major maintenance.
d. To waive the first three months' rent: April, May and June,
1992.
7. DEFAULT IN PAYMENT OF RENT. If any rent required by
this lease is not paid when due, Lessor shall have the option to:
a. Terminate this lease, resume possession and release or rent
the property for the remainder of the term for the account of Lessee, and
recover from Lessee at the end of the term or at the time each payment of
rent comes due under this lease as Lessor may choose, the difference
between the rent specified in the lease and the rent received on the
releasing or renting.
b. Subtenants of Lessee as mentioned in paragraph 5a above
shall have the right to cure any default in payment of rent by Lessee (with
penalties) within 15 days of payment due date.
8. DEFAULTS OTHER THAN RENT. If either the Lessee or the
Lessor fails to perform or breaches any agreement on this lease other than
the agreement of Lessee to pay rent, and this failure or breach continues
for ten days after the written notice specifying the performance required has
been given to the party failing to perform, (a) the party giving notice may
institute action in a court of competent jurisdiction to terminate this lease or
to complete performance of the agreement, and the losing party in that
litigation shall pay the prevailing party all expenses of the litigatiun,
including a reasonable attorney's fee; or (b) Lessor or Lessee may, after 30
days' written notice to the other, comply therewith or correct any such
6
t
breach (without creating any future obligation on the Lessor or Lessee to
comply), and the costs of that compliance shall be payable on demand.
9. INSOLVENCY, BANKRUPTCY, ETC. OF LESSEE. If the
Lessee is declared. insolvent or adjudicated a bankruptcy or if Lessee makes
an assignment for the benefit of creditors, or if Lessee's leasehold interest
is sold under execution or a trustee in bankruptcy or a receiver appointed
for Lessee, Lessor, without prejudice to its rights hereunder and at its
option, may terminate this lease and retake possession of the premises
immediately and without notice to Lessee, subtenants or any assignee,
transferee, trustee or any other person or persons, using force if
necessary.
10. ELECTION BY LESSOR NOT EXCLUSIVE. The exercise by
Lessor of any right or remedy to collect rent or enforce its rights under
this lease shall not constitute a waiver of, or preclude the exercise of, any
other right or remedy afforded Lessor by this lease agreement or by statute
or law. The failure of Lessor in one or more instances to insist on strict
performance or observations of one or more of the covenants or conditions of
this lease, or to exercise any remedy, privilege or option conferred by this
lease on or reserved to Lessor, shall not operate or be construed as a
relinquishment or future waiver of the covenant or condition or the right to
enforce it or to exercise that privilege, option or remedy, but that right
shall continue in full force and effect. The receipt by Lessor of rent, or
any other payment or part of payment required to be made by the Lessee,
shall not act to waive any other additional rent or payment then due. Nor
shall receipt, though with the knowledge of the breach of any covenant or
condition of this lease, operate as or be deemed to be a waiver of this
breach, and no waiver by Lessor of any of the provisions of this lease, or
any of Lessor's rights, remedies, privileges, or options under this lease
shall be deemed to have been made unless made by Lessor in writing.
No surrender of the premises for the remainder of the term of this
lease shall be valid unless accepted by Lessor in writing. Lessee shall not
assign nor sublet this lease at any higher rental rate than contained herein.
Any assignment or sublease shall require the express prior written consent
of Lessor. The only potential assignment or sublease of these premises
contemplated at the execution of this lease is to those subtenants named in
paragraph 5a above. No assignment or sublease shall relieve the assignor or
sublessor of any obligation under this lease. Each assignee or sublessee, by
assuming that status, shall become obligated to perform every agreement of
this lease to be performed by Lessee, except that a sublessee shall be
obligated to perform them only insofar as they relate to .he subleased
portion of the property and the rent required by the sublease, and shall be
obligated to pay rent directly to Lessor only after sublessor's default in
r payment and written demand from Lessor to pay rent directly to Lessor.
11. SPECIAL COVENANTS.
a. Lessee accepts the premises including building, carpeting and
all other improvements thereto in the condition as is, with the exception that
I'
Lessor will repair the doors to the air conditioning room.
I
! b. Although the first rental payment is not due until the quarter
I
commencing July 1, 1992, Lessee may occupy the premises on April 1, 1992
for the purposes of cleaning up and fixing up the interior of the premises,
subject to the requirement that all insurance called for in paragraph 5c
herein shall be provided to Lessor prior to Lessor turning over possession of
the premises to Lessee.
C. Lessee accepts the premises including the roof of the building
and air conditioning system in the condition as is, assuming full
responsibility for any repairs to said roof or air conditioning required at
present or during the term of said lease, at its own expense.
d. It is agreed that the premises herein shall be used as office
and operating facilities for the Lessee and its subtenants, with no
warehousing operations other than limited storage of canned goods and
blankets. It is further agreed that the Lessor shall operate a drop-in
center with access to phones for homeless people attempting to establish
contacts with prospective employers. The premises shall not be utilized for
purposes of showering, locker facilities, meals, or overnight stays by those
people who are the clientele of Lessee, or its subtenants with the exceptions
of coffee and doughnuts when and if the clientele of Lessee and subtenants
visit the premises to avail themselves of any services which are available on
premises.
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e. At the endof the term of this lease, the lease may be
renegotiated at higher annual premiums, if Lessor determines that the
premises are still surplus property, or, Lessor at its sole discretion may
determine to utilizq the premises for its own purposes, or to offer the
property for sale pursuant to the provisions of Florida Statute 125.35 or
Florida Statute 125.38.
f. Lessee shall see to it that loitering does not occur on the
premises, but rather it is operated as a business office facility.
g. Lessee may terminate the lease by written notice, paying only
pro rata rent to the date of termination, should the City of Vero Beach deny
change of use permits.
12. ADDRESSES FOR PAYMENTS AND NOTICES. Rent payments
and notices to . Lessor shall be mailed or delivered to the address set forth
on the first page of this lease, unless Lessor advises Lessee differently in
writing.
Notices to Lessee may be mailed or delivered to the address set
forth in the first page of this lease or to the leased premises, and proof of
mailing or posting of those notices to the leased premises shall be deemed
the equivalent of personal service on Lessee. All notices to either party
shall be sent by certified or registered mail, return receipt requested.
13. CAPTIONS. The captions and paragraphs or letters
appearing in this lease are inserted only as a matter of convenience and in
no way define, limit, construe or describe the scope or intent of the sections
or articles of this lease nor in any way affect this lease.
14. FLORIDA LAW. This lease shall be governed by the laws of
the State of Florida, in particular Chapter 83, Part I, Florida Statutes, both
as to interpretations and performance.
15. ENTIRE AGREEMENT. This lease sets forth all the promises,
agreements, conditions and understandings between Lessor and Lessee
relative to the leased premises. There are no other promises, agreements,
conditions or understandings, either oral or written, between them other
than are set forth in this lease. No subsequent alteration, amendment,
change or addition to this lease shall be binding on Lessor or Lessee unless
in writing and signed by them, and by direct reference made a part of this
lease.
16. TERMS INCLUSIVE. As used herein the terms "Lessor" and
"Lessee" shall include the plural whenever the context requires or admits.
17. REPRESENTATIVES BOUND HEREBY. The terms of this lease
shall be binding and obligatory on the respective successors, representatives
and assigns of the parties.
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this
lease agreement on 4 " (. , 1992.
LESSOR:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By 4c2 C . G 31_L .
Carolyff K. Egg:dX6 Chairman
ATTEST:By
Jeff K. -Bar• on, Cl k
tea. .�.
LESSEE:
Signed and sealed in our
presence as witnesses:
printed name:
printed name:
COALITION FOR THE HOMELESS OF
INDIAN RIVER COUNTY, INC.
By
Charles Cox, President
10
Indian 0111, Co
Approved
Dale
Admin.
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