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Home My WebLink About2015-1284/a3J1 b l3 1,5✓sq- .3 av/- lard LEASE AGREEMENT THIS LEASE AGREEMENT for a portion of the property located at 1893 90th Avenue, Vero Beach, FL, 32966 ("Lease Agreement") is entered into this 23 day of June , 2015 by and between the Lessor, Joseph G. Miller, ("Lessor") and Lessee, INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") Witnesseth That: WHEREAS, the County has a present need for a location to set up Fire Station #7 to provide fire and rescue services to the citizens of Indian River County; and WHEREAS, Joseph G. Miller owns a piece of real property located at 1893 90th Avenue, Vero Beach, FL, 32966 ("Property"), which includes a 1.0 acre vacant area on the west side of the Property (the "Leased Premises"); and WHEREAS, the County believes that leasing the Leased Premises from Joseph G. Miller on a short-term basis would be in the public interest by providing a useful location to place a modular fire station to serve as Fire Station #7; and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, Lessor, Joseph G. Miller and the County agree as follows: 1. RECITALS. The above recitals are true and correct and incorporated herein by reference. 2. TERM OF LEASE AND RENT. The initial term of this lease shall be 24 months commencing on this day of June 2015, and terminating on June , 2017 (the Initial Term"). Rent for the entire lease term shall be $1,000.00 per month. Monthly rent shall be payable in advance, on the first day of each month. If the first or last month of the lease term is a partial month, rent for that month shall be pro -rated accordingly. This Lease Agreement is renewable, at the sole discretion of the County, for 3 additional one (1) year terms. 3. EFFECTIVE DATE. This Lease Agreement shall become effective on the date of its approval by the Indian River County Board of County Commissioners, and execution by Joseph A. Baird, the County Administrator, after approval as to form and legality by the Indian River County Attorney ("Effective Date"). 4. DESCRIPTION OF PROPERTY. Lessor hereby leases to the County, and the County hereby leases from Lessor, the Leased Premises which consists of the west 1.0 acre of the following real property, including the facilities located thereon, 1 located at the following street address 1893 90th Avenue, Vero Beach, FL, 32966, and is more particularly described as follows: See Exhibit "1" attached hereto 5. USE OF PROPERTY AS A FIRE STATION. It is agreed and understood that the County intends to place a modular facility on the Leased Premises and use it as Fire Station #7 to provide fire and rescue services to the citizens of Indian River County. 6. ACCESS. In addition to any other legal access, the County shall have access to the Leased Premises from 90 Avenue. 7. SECURITY DEPOSIT. Prior to occupancy of the Leased Premises, the County shall deliver to Lessor a security deposit equal to one (1) month's rent. Lessor shall hold the security deposit in accordance with applicable Florida law. The deposit shall stand as security for, and shall be available to Lessor to pay any losses or damages caused by the County's failure to comply with any material provision of this lease, and any other amounts owed by or due from the County pursuant to this Lease Agreement. 8. PROPERTY LEASED "AS IS". It is understood and agreed that the County accepts the premises "AS IS", with all faults and limitations, provided that nothing herein shall be construed to negate any provision of this Lease Agreement. The County has examined the Leased Premises and agrees that they are acceptable and suitable for County's purposes. The County agrees to surrender the Leased Premises upon the expiration or earlier termination of this Lease Agreement in conformance with the terms and conditions of this Lease Agreement. 9. MAINTENANCE AND REPAIRS. The County shall maintain the Leased Premises in a safe, clean and attractive condition, and shall make all necessary repairs so that the Leased Premises is maintained during the term of the Lease Agreement in substantially the same condition as it was given at the beginning of the lease. The County shall surrender the Leased Premises at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 10. ALTERATIONS AND IMPROVEMENTS AND PUBLIC UTILITIES. The County intends to put a modular facility on the Leased Premises and connect it to County water and sewer. The County and the Lessor agree to split of the actual cost of the connection fee to connect the Leased Premises to County water and sewer between the Lessor and the County on a 50/50 basis. The County agrees to pay, within time allowed for payment without penalties, all of its share of charges and fees for water and wastewater incurred with respect to the Leased Premises during the lease term. The parties agree to consult and agree on any other 2 alterations or improvements to the Leased Premises during the term of this Lease Agreement. 11. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. The County shall have the right to install on the Leased Premises such equipment and other items necessary or convenient for the County's use of the Leased Premises. All equipment and items purchased by the County and placed in, on, or about the Leased Premises, shall remain the property of the County. The County may remove such equipment or items on or before the termination or expiration of this lease. The County shall remove all of its personal property which is not attached or affixed to the Leased Premises prior to termination or expiration of the lease. 12. ASSIGNMENT OR SUBLEASE; NUMBER OF OCCUPANTS. The County shall not assign, sublease or transfer any part of this Lease Agreement or the Leased Premises, without the prior written consent of Lessor. 13. DEFAULT. Each of the following shall constitute an event of default: (a) the failure by the County to pay rent when due, and (b) the failure by either party to comply with any other material provision of this Lease Agreement. Upon the occurrence of a default, the non -defaulting party shall be entitled to all remedies in law or in equity, including, without limitation, termination of the lease and eviction from the leased premises; provided, however, that an event of default shall not be grounds for termination or eviction, unless, with respect to the non- payment of rent (sub -section a above), such non-payment continues for seven (7) days after receipt, delivery to the leased premises or posting on the leased premises of written notice demanding payment of such rent, and, with respect to the failure to comply with any other material provision of this lease (sub -section b above), such failure continues for fifteen (15) days after receipt, delivery to the leased premises or posting on the leased premises of written notice demanding compliance. 14. TERMINATION OF LEASE. This lease shall terminate at the expiration of the lease term, without renewal or extension set forth in writing and signed by both parties or if the Leased Premises becomes unfit or not suitable for continued occupancy by the County to operate Fire Station #7. After the Initial Term, the County has the right to terminate this Lease Agreement at any time with 60 days notice without any penalty. 15. ANNUAL APPROPRIATION. This Lease Agreement is subject to annual budget and/or appropriation by the Board of County Commissioners and staffing allocation by the County Administrator. 16. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to County at: 3 Lessor: Joseph G. Miller County: Indian River County Board of County Commissioners Attention: County Attorney 1801 27th Street Vero Beach, Florida 32960-3365 The above addresses may be changed by either party by written notice to the other party. 17. ENTIRE AGREEMENT. This written Lease Agreement shall constitute the entire agreement of the parties with respect to the Leased Premises and the County's occupancy of the Leased Premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. 18. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written. ATTEST: By for: Jeffrey R. S ith, Clerk of Court and Comptroller Witnessed by: signature: printed name: BOARD OF COUNTY COMMISSIONERS OF INDIAN RI R COUNTY, FLORIDA By: Wesley S. Davis, Chairman Approved by BCC: June 23 , 2015 . By: et& Josep iller, Lessor signature:�-�;' printed name: �',� ,:. A E �� Approved as to fo n a ficiency: APPROVED Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print 1 Back Exhibit 1 Indian River County GIS 333803000010090000011,;. ParcelID OwnerName PropertyAddress 33380300001009000001.1 MILLER JOSEPH G (TR) 1893 90TH AV VERO BEACH, FL 32966 Notes http://www.ircpa.org/PrintMap.aspx 6/11/2015