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HomeMy WebLinkAbout2026-056LEASE AGREEMENT This Lease Agreement (the "Agreement") is made and entered into as of this 2nd day of February, 2026 (the "Effective Date"), by and between: INDIAN RIVER COUNTY EMERGENCY SERVICES, a department of Indian River County, a political subdivision of the State of Florida, with its principal address at 180127 1h Street, Vero Beach, Florida (hereinafter "County"); and ANGELA CAIL, D.V.M., an individual with a principal place of business at 6580 69th Street, Vero Beach, Florida 32967 (hereinafter "Dr. Cail"). County and Dr. Cail may be individually referred to as a "Party" and collectively as the "Parties." RECITALS WHEREAS, County is the owner of certain real property and improvements located at 6580 69th Street, Vero Beach, Florida 32967 (the "Facility") pursuant to a purchase agreement from September of 2025; and WHEREAS, Dr. Cail currently operates a veterinary practice at the Facility; and WHEREAS, County intends to use the Facility for emergency services purposes at a future date; and WHEREAS, County desires to permit Dr. Cail to continue to use the Facility for her veterinary practice during the term of this Agreement; and WHEREAS, Dr. Cail desires to use the Facility for her veterinary practice under the terms and conditions set forth herein; and WHEREAS, the Parties desire to set forth their respective rights and obligations with respect to Dr. Cail's continued use of the Facility. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. GRANT OF USE 1.1 Grant of Use Page 1 of 7 County hereby grants to Dr. Cail the non-exclusive right to use the Facility located at 6580 69th Street, Vero Beach, Florida 32967, for the purpose of operating her veterinary practice, subject to the terms and conditions of this Agreement. 1.2 Term The term of this Agreement shall commence on the Effective Date and shall end April 30, 2026. 1.3 Scope of Use Dr. Cail shall use the Facility solely for the purpose of operating a veterinary practice and for no other purpose without the prior written consent of County. Dr. Cail shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with her use of the Facility. The Facility contains medical equipment, tools, devices, and other items owned by County(the "Equipment"). 2. RESPONSIBILITIES OF THE PARTIES 2.1 Dr. Cail's Responsibilities Dr. Cail shall: 1. Pay to the County $3,000.00 each month for rent and $1,000.00 per month to cover utilities charges and services. 2. Maintain the interior of the Facility and all Equipment in good condition and repair, reasonable wear and tear excepted; 3. Obtain and maintain all licenses, permits, and approvals necessary for the operation of her veterinary practice; 4. Comply with all applicable zoning, health, safety, and building codes and regulations; 5. Not make any structural alterations, additions, or improvements to the Facility without the prior written consent of County; 6. Allow County access to the Facility at reasonable times for inspection, to make necessary repairs, and perform modifications/construction for future use; and 7. Surrender the Facility and Equipment to County upon termination of this Agreement in good condition, reasonable wear and tear excepted. 2.2 County's Responsibilities County shall: 1. Maintain the structural components of the Facility, including the roof, foundation, exterior walls, and major building systems; Page 2 of 7 2. Maintain the exterior grounds of the Facility, including landscaping, parking areas, and walkways; and 3. Provide Dr. Cail with reasonable notice of any inspections or repairs that may disrupt Dr. Cail's veterinary practice. 3. INSURANCE AND INDEMNIFICATION 3.1 Insurance Requirements During the term of this Agreement, Dr. Cail shall obtain and maintain, at her sole cost and expense, the following insurance coverage: 1. Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate, covering bodily injury, property damage, personal injury, and advertising injury; 2. Professional Liability Insurance with limits of not less than $1,000,000 per claim and $2,000,000 in the aggregate; 3. Workers' Compensation Insurance as required by Florida law; and 4. Property Insurance covering Dr. Cail's personal property, equipment, and inventory located at the Facility. All insurance policies shall name Indian River County, its officers, employees, and agents as additional insureds. Dr. Cail shall provide County with certificates of insurance evidencing the required coverage prior to the Effective Date and upon renewal of any policy. Each policy shall provide that it may not be canceled or materially modified without at least thirty (30) days' prior written notice to County. 3.2 Indemnification Dr. Cail agrees to indemnify, defend, and hold harmless County, its commissioners, officers, employees, and agents from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or in connection with: 1. Dr. Cail's use and occupancy of the Facility; 2. Any breach or default by Dr. Cail in the performance of her obligations under this Agreement; 3. Any negligent act or omission of Dr. Cail, her employees, agents, contractors, or invitees; or 4. Any violation of applicable laws, regulations, or ordinances by Dr. Cail, her employees, agents, contractors, or invitees. Page 3 of 7 This indemnification provision shall survive the termination of this Agreement. 4. TERMINATION 4.1 Termination by County County may terminate this Agreement by providing Dr. Cail with not less than thirty (30) days' prior written notice that County is ready to use the Facility. 4.2 Termination for Breach Either Party may terminate this Agreement upon written notice to the other Parry if the other Party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of such breach. 4.3 Termination by Mutual Agreement This Agreement may be terminated at any time by mutual written agreement of the Parties. 4.4 Effect of Termination Upon termination of this Agreement, Dr. Cail shall: 1. Vacate and surrender the Facility to County in good condition, reasonable wear and tear excepted; 2. Remove all of Dr. Cail's personal property from the Facility; 3. Repair any damage to the Facility caused by the removal of Dr. Cail's property; and 4. Return all keys, access cards, and other means of access to the Facility to County. 5. GENERAL PROVISIONS 6.1 Notices All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when: 1. Delivered personally; 2. Sent by registered or certified mail, return receipt requested, postage prepaid; 3. Sent by overnight courier with written confirmation of receipt; or 4. Sent by electronic mail with confirmation of receipt. Page 4 of 7 Notices shall be addressed to the parties below as follows: If to County: Indian River County Emergency Services 422543 d Avenue Vero Beach, FL 32967 Attention: David Johnson Email: djohnsonaindianriver.go_v If to Dr. Cail: Angela Cail, D.V.M. P.O. Box 690304 Vero Beach, FL 32966 Email: treasurecoastanimaler(a,gmail.com County Attorney's Office 1801 27th Street Vero Beach, FL 32960 Attention: Chris Hicks Email: chicksnq,indianriver.gov Either Party may change its address for notice by giving written notice to the other Parry. 6.2 Relationship of the Parties Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between the Parties. Neither Party shall have the authority to bind the other Party or to incur any obligation on behalf of the other Party. 6.3 Assignment Dr. Cail shall not assign, transfer, or delegate any of her rights or obligations under this Agreement without the prior written consent of County, which consent may be withheld in County's sole discretion. Any attempted assignment, transfer, or delegation without such consent shall be void. 6.4 Entire Agreement This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties. 6.5 Amendment This Agreement may be amended or modified only by a written instrument executed by both Parties. 6.6 Waiver No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom such waiver is sought to be enforced. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Page 5 of 7 6.7 Severability If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.8 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Indian River County, Florida, and the Parties hereby irrevocably submit to the jurisdiction of such courts. 6.9 Force Majeure Neither Parry shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, or labor disputes. 6.10 Survival Any provision of this Agreement that, by its nature, would survive the expiration or termination of this Agreement shall survive such expiration or termination, including but not limited to the indemnification provisions set forth in Section 3.2. 6.11 Construction This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both Parties have contributed substantially and materially to the preparation of this Agreement. 6.12 No Third -Party Beneficiaries This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Page 6 of 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effectiv9•�SsioriERs''•,, BOARD OF COUNTY COMM- I�I Dr. Ang a Cail Deryl Loar, Chairman '1•r�oF J�>�� President Board ofiCounty Cowunissiodtte I"��i'i� Approved: //r�/r"/f / John A. Titkanich, Jr. County Administrator Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: C Puty Clerk mjz:!- legal Sufficiency: Chris0ej Hicks Assi ounty Attorney Page 7 of 7 AVMA PUT` Protecting you through it all Veterinary Professional Liability Insurance Policy Certificate of Insurance ZURICH Item 1. Insured by the stock company below and hereinafter called the Company Master Policy Number: EOL 5241302 -21 Zurich American Insurance Company Certificate Number: VETPRO029307 Date Issued: 10/25/2025 Item 2. Named Certificate Holder, member number, rating code and Address For More Information or to File a Claim, Please Call (800) 228-7548. Angela Lynne Cail, DVM Notice to the Company: 6580 69th Street Vero Beach, FL 32967 Zurich American Insurance Company Professional Programs Claims Member Name Member Number Rating Code PO Box 968017 Angela Cail 236448 [IV] Small Animal Exclusive Schaumburg, IL 60196 Item 3. Policy Period From 01/01/2026 To 01/01/2027 12:01 A.M. Standard Time at the address of the Named Certificate Holder stated in Item 2. Item 4. Coverage Schedule (Coverage only applies if purchased and shown in the Coverage Schedule below. If N/A or no Limit is below, there is no Coverage under the policy.) Insuring Agreements Limit of Liability (Each Claim) Aggregate Limit of Liability A. Veterinary Professional Liability Coverage $6,000,000 $8,000,000 B. Veterinary License Defense Coverage $100,000 $100,000 Limit of Liability Limit of Liability Limit of Liability (Any One Animal) (Transportation) (Specified Premises) C. Bailee Coverage $10,000 $30,000 $130,000 Limit of Liability Limit of Liability Limit of Liability Deductible (Any One Unit) (Transportation) (Specified Premises) (Each Claim) D.Embryo and Semen Storage Coverage Item 5. Schedule of Purchased Plan Numbers and Location(s) for Bailee Item 6. Premium and Coverage Summary Coverage (Bailee Plan) and/or Embryo and Semen Storage A. Veterinary Professional Liability $ 313.00 Coverage Plan (E/S Plan) B. Veterinary License Defense Coverage $ 163.00 For additional locations, please see the attached page. C. Bailee Coverage $ 56.00 D. Embryo and Semen Storage Coverage $ Excess Professional Liability (if applicable) $ 298.00 Location Number/Address Bailee Plan E/S Plan State Taxes (if applicable) $ 8.30 Total Premium Due: $ 838.30 1 6580 69th Street Plan 5 Vero Beach, FL 32967 Item 7. Forms Attached at Issuance U-VPL-265-B FL (10/24); U-VPL-261-B CW (10/24); U-VPL-267-A CW (10/24); U -GU -319-F (01/09); U -GU -1191-A CW (03/15); U -GU -279-F (05/19); U -GU -395-D (07/09); U -GU -873-A CW (06/11); U -GU -874-B CW (02/23); U-VPL-269-A CW (10/24) This Certificate of Insurance is issued off the Master Policy held by the AVMA Administrative Services, LLC. By acceptance of this policy the Named Certificate Holder agrees that the statements in the certificate and the application and any attachments hereto are the Named Certificate Holder's agreement and representations and that the policy embodies all agreements existing between the Named Certificate Holder and the Company or any of its representatives relating to this insurance U-VPL-262-B CW (10/24) Pan'. 1 of 1 (Policy Provisions: WCOOOOOOC) INFORMATION PAGE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: Hartford Casualty Insurance Company ONE HARTFORD PLAZA HARTFORD CT 06155 NCCI Company Number: 14397 Company Code: 3 POLICY NUMBER: 83 WBG AB5ZNP Previous Policy Number: 83 WBG AB5ZNP 1. Named Insured and Mailing Address: AC VETERINARY SPECIALITY SERVICES LLC (No., Street, Town, State, Zip Code) 6580 69TH ST VERO BEACH FL 32967 FEIN Number: 47-2481343 State Identification Number(s): The Named Insured is: LLC Business of Named Insured: Veterinary Services Other workplaces not shown above: 6580 69TH ST VERO BEACH FL 32967 2. Policy Period: From 05/17/25 To 05/17/26 ANNUAL 12:01 a.m., Standard time at the insured's mailing address. Producer's Name: HUB INTL MIDWEST LTD/AVMA/PLIT 203 N LA SALLE ST 20TH FL CHICAGO IL 60601 Producer's Code: 83550728 Issuing Office: THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 (800) 228-7548 Total Estimated Annual Premium: $12,621 Deposit Premium: Policy Minimum Premium: $353 FL (Includes Increased Limit Min. Prem.) THE It HARTFORD Suffix LARS RENEWAL 8 Audit Period: ANNUAL Installment Term: Twelve Pay (8.33%Down+11@8.33%) The policy is not binding unless countersigned by our authorized representative. Countersigned by ,lea,, o7p CIZIZZ 2_� Authorized Representative 04/07/25 Date Form WC 00 00 01 A (1) Printed in U.S.A. Page 1 (Continued on next page) Process Date: 04/07/25 Policy Expiration Date: 05/17/26 INFORMATION PAGE (Continued) Policy Number: 83 WBG AB5ZNP 3. A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here: FL (GD) B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily injury by Accident $500,000 each accident Bodily injury by Disease $500,000 policy limit Bodily injury by Disease $500,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any , listed here: ALL STATES EXCEPT NORTH DAKOTA, OHIO, WASHINGTON, WYOMING, U.S.TERRITORIES AND STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE. D. This policy includes these endorsements and schedule: SEE ENDORSEMENT -WC 99 03 68, WC 99 07 25 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans All information required below is subject to verification and change by audit. Premium Basis Classifications Total Estimated Rates Per Estimated Code Number and Annual $100 of Annual Description Remuneration Remuneration Premium Total Standard Premium Premium Discount Expense Constant Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement Estimated Annual Premium (before Surcharges) *See the attached Schedule(s) of Operations for Location and State Level Premium Information Total Estimated Annual Premium: $12,621 Deposit Premium: Policy Minimum Premium: $353 FL (Includes Increased Limit Min. Prem.) Interstate/Intrastate Identification Number: Refer to Schedule of Operations NAICS: 541940 Labor Contractors Policy Number: SIC: 0741 $12,470 -$125 $160 $116 $12,621 Form WC 00 00 01 A (1) Printed in U.S.A. Page 2 Process Date: 04/07/25 Policy Expiration Date: 05/17/26