HomeMy WebLinkAbout2008-435A LEASE AGREEMENT
THIS LEASE AGREEMENT ( " Lease" ) entered into as of this 1St day of January , 2009 ,
(" Effective Date " ) between INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS , a political subdivision of the State of Florida , having an address of
1801 27th Ave , Vero Beach , FL 32960 ( " County" ) and Roberta Hall , having an address of
12315 Roseland Road , Roseland FL 32957 ( "Tenant" )
Background Recitals
A . Indian River County as Landlord desires to set forth the terms and conditions for the
Tenant residing within Donald MacDonald Campground Park located at 12315 Roseland
Rd . , a County owned and operated campground .
B . Indian River County as Landlord and Tenant are entering into this Lease to provide
security for Donald MacDonald Campground Park , 12315 Roseland Rd . and Dale
Wimbrow Park , 11805 Roseland Rd . (collectively " Parks " ) when the Parks are closed and
during non-work hours of the County ' s Parks or Recreation employees .
C . Tenant desires to lease the Leased Premises ( as hereinafter defined ) on the terms and
conditions set forth herein .
NOW , THEREFORE , for the mutual promises contained herein and other valuable
consideration , the receipt and sufficiency of which is hereby acknowledged , the parties
agree to the terms and conditions set forth in this Lease :
1 . Description of Leased Premises . The County hereby leases to Tenant the use of the
mobile home lot adjacent to the Park Ranger office at 12315 Roseland Rd (such lot herein
the " Leased Premises " ) , within the Donald MacDonald Campground Park . The County
and Tenant acknowledge and agree that Tenant has resided on the Leased Premises for
several years without a written Lease , and that County has now determined that a formal
lease is in the best interests of the parties . Accordingly , Tenant expressly acknowledges
and agrees : ( a ) that it has inspected the Leased Premises and accepts the same As Is ,
Where Is in the condition existing as of the Effective Date , together with all defects , latent
and patent , if any ; ( b ) that County has made no representations or warranties of any
nature whatsoever regarding the Leased Premises including , without limitation , the
physical conditions of the Leased Premises ; and ( c) that the County assumes no
responsibility or obligation to provide any utilities of any nature whatsoever at the Leased
Premises , except as may be specifically set forth in this Lease .
2 . Term of Lease . The Leased Premises is leased for an initial two (2 ) year term subject to
sooner termination as set forth herein ( " Initial Term " ) . The Initial Term shall commence on
January 1 , 2009 , and shall terminate on December 31 , 2010 , or on such earlier date as
this Lease may terminate as provided herein .
3 . Renewal . Provided the County and Tenant agree to renew the Lease ( as it may be
modified from time to time ) on mutually beneficial terms ; and further provided that the
Tenant is not in default under any of the terms and conditions of this Lease , this Lease
may be renewed for a maximum of seven (7 ) successive terms of two ( 2 ) years each ( a
Renewal Term ) for a maximum aggregate of sixteen ( 16 ) years combined Initial Term and
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Renewal Terms . Each Renewal Term is subject to all of the provisions set forth in this
Lease . Notwithstanding the forgoing , the County may extend or renew this Lease beyond
the sixteen ( 16 ) years if deemed to be in the best interest of Indian River County . Renewal
of the mutually agreeable Lease shall be completed ninety ( 90 ) days prior to the end of the
Initial Term , and forty-five (45 ) days prior to the end of each Renewal Term . Upon renewal
of this Lease , the County shall send a Renewal Notice to Tenant .
4 . Securitv Deposit and Rent . Tenant acknowledges and agrees that no security deposit is
required under this Lease ; however , nothing in this Lease shall be deemed to preclude the
County from requiring a security deposit upon any renewal of this Lease or upon re- letting
of this Lease to a subsequent tenant . Tenant shall safeguard the Leased Premises on
behalf of the County as set forth in this Lease . No rent is due under the terms of
this
Lease in consideration of the services provided to County by Tenant hereunder .
5 . Use of Leased Premises . Tenant acknowledges that the Leased Premises is to be used
solely for a single-family mobile or manufactured home dwelling , and Tenant covenants to
use the Leased Premises solely for a single-family mobile or manufactured home dwelling ,
as set forth herein , and for no other purposes whatsoever .
6 . Duties and Responsibilities of County as Landlord .
6 . 1 . Water Service . The County shall provide water service to the Tenant at County
expense with no cost for such water service to the Tenant unless the water consumption is
deemed by the County to be in excess of the average normal usage for a single-family
mobile or manufactured home dwelling . If County makes such a determination , the
County shall promptly notify Tenant in writing , setting forth the amount the County is to be
reimbursed by Tenant and the date such payment is due , and thereupon the Tenant shall
promptly remit such amount to County . The payment due date shall be at least thirty ( 30 )
calendar days after the date of the letter . The Tenant' s failure to pay the noticed amount
may be deemed by the County to be an event of default under this Lease , and the County
shall have the right to terminate this Lease thirty-one ( 31 ) calendar days after the payment
was due , upon providing final written notice to the Tenant that the required payment has
not been received and that the Lease is terminated as of the date set forth therein .
6 . 2 . Electric Service The County' s responsibilities for electric service shall be as set forth
in this Lease at paragraph 7 . 8 .
6 . 3 , Septic System , The County shall annually pump -out , and maintain in good repair, the
existing septic system at the Leased Premises .
6 . 4 . RADON GAS . As required by law , the County as Landlord makes the following
disclosure : " Radon Gas is a naturally occurring radioactive gas that , when it has accumulated in a
building in sufficient quantities , may present health risks to persons who are exposed to it over
time . Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida . Additional information regarding radon testing may be obtained from your county public
health unit . "
7 . Responsibilities and Duties of Tenant .
7 . 1 , The Tenant shall be any one ( 1 ) of the following law enforcement officers/agents with
arresting authority in Indian River County : ( a ) IRC Sheriff' s Deputy ( IRCSO ) ; ( b ) Florida
Highway Patrol ( FHP ) ; or ( c) Florida Department of Law Enforcement ( FDLE ) . Tenant
shall endeavor to attain and remain in a duty status that is assigned a marked patrol car ,
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unless such requirement is waived in writing by the Board of County Commissioners if
deemed in the best interests of the County .
7 . 2 . Tenant currently has a "grandfathered " single-family mobile or manufactured home
dwelling upon the Leased Premises . Tenant is responsible for : ( a ) delivery , set- up , and
permits required for the current or any new dwelling as allowed hereunder ; ( b ) any and all
costs required to remove any such dwelling from the Leased Premises in the event any
such dwelling is damaged or becomes unlivable due to damage from hurricanes , tornados ,
fire , or other disaster or act of God ; and ( c) any and all costs required to remove any such
dwelling from the Leased Premises upon termination of this Lease . A new dwelling may
be purchased and installed by Tenant on the Leased Premises in accordance with the
provisions of this Lease . Any new dwelling must meet any and all applicable codes and
requirements of Indian River County , including that the new dwelling be a " modular home
with an approval stamp from DCA ( Department of Community Affairs ) ' .
7 . 3 . The Tenant shall commit no act of waste and shall take good care of the Leased
Premises and shall , in the use and occupancy of the Leased Premises , conform to and
obey all laws , orders , and regulations of Indian River County .
7 . 4 . The Tenant shall maintain the Leased Premises in an appealing manner and not
permit accumulation of unsightly objects within the Leased Premises
7 . 5 . The Tenant shall not destroy , damage , deface , or remove any part of County property
located in the Parks or within the Leased Premises , nor shall Tenant permit any guest or
invitee to do so .
7 . 6 . The Tenant shall not mortgage , or cause , by any act or omission , any liens ,
encumbrances , or judgments to be placed , assessed or established on the Leased
Premises .
7 . 7 . The Tenant shall arrange for telephone and television service to the dwelling and
shall be solely responsible for payment of any and all charges incurred with respect to
such telephone and television installation and usage . Tenant shall pay for additional
pump -outs of the septic system in excess of the annual County- paid pump -out .
7 . 8 . Effective as of January 9 , 2009 , the Tenant shall contract with FPL for electric service
to the dwelling at the Leased Premises as required in the sole name of the Tenant . The
County agrees to pay one - half ( 1 /2 ) of Tenant' s monthly electric utility bill , up to a
maximum amount of $ 150 . 00 ( One Hundred and fifty dollars ) for each monthly electric bill ,
in exchange for Tenant providing security to County Parks as set forth in this Lease . The
Tenant shall be reimbursed for the County ' s portion of the electric service as follows :
Tenant shall submit the original FPL bill to the Parks Superintendent who shall promptly
review and approve the proper amount reimbursable to Tenant under this Lease and
thereafter transmit the required paperwork to the County' s Budget Office/Department of
Management and Budget for further processing for payment . County and Tenant
acknowledge and agree that the electric bill for the dwelling at the Leased Premises has
been in the sole name of Indian River County , and , currently , the County pays the entire
electric bill and is reimbursed by Tenant for one- half ( 1 /2 ) of the electric utility bill , up to
a
maximum amount per electric bill of $ 150 . 00 ( One Hundred and fifty dollars ) . Tenant
acknowledges and agrees that : ( a ) the electric bill for the dwelling at the Leased Premises
shall be paid by Tenant to FPL in a timely manner ; ( b ) Tenant shall be responsible
to
obtain reimbursement from the County for the County ' s share of the electric bill ; ( c) County
will not prepay any electric bill in Tenant ' s name , in whole or in part ; (d ) County will not
pay any portion of any deposit for electric service to the dwelling at the Leased Premises
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that is in Tenant' s name ; (e ) County shall arrange for the current electric service to the
dwelling at the Leased Premises to be discontinued effective as of January 9 , 2009 ; and (f)
until the final FPL bill in the County' s name is rendered , anticipated to be mid -January of
2009 , the County shall pay the electric bills and obtain reimbursement by Tenant for one-
half ( 1 /2) of the electric utility bill , up to a maximum amount per remaining amounts electric
ml of lonOthe
(One Hundred and fifty dollars) . The Tenant' s failure to pay the Tema
final FPL bills in the County ' s name may be deemed by the County to be an event of
default under this Lease , and the County shall have the right to terminate this Lease thirty-
one ( 31 ) calendar days after the payment was due , upon providing final written notice to
the Tenant that the required payment has not been received and that the Lease is
terminated as of the date set forth therein .
7 . 9 . The Tenant shall be responsible for , and shall pay the cost of, all interior and exterior
pest control for the dwelling and the Leased Premises and shall be responsible for cutting
the lawn and maintaining any landscaping within the Leased Premises ; provided , however ,
that no protected trees shall be damaged or removed without the prior written permission
of the Parks Superintendent . or on the
7 . 10 . As the Leased Premises is within aCounty-owned Park , alcohol in , about ,
Leased Premises is strictly prohibited . County and Tenant
owledb a and
g uer that:
P
( a) dogs are allowed at the Donald MacDonald Campground ( )
ntly
has a dog within the Leased Premises ; (c) Tenant shall comply with the County' s " leash
laws " and with all County and Donot alnald l wed at ( Dale WimCampgrbrow Park ;ound Park rand (e ) Tenanules
and lt shall
applicable to dogs ; (d ) dogs are
not bring any dog or dogs into Dale Wimbrow Park .
7 . 11 , The Tenant shall obtain , and have the sole obligation to pay the premiums on ,
liability insurance and any broad form insurance policy on the dwelling and its contents
during the term of this Lease as Tenant deems sufficient to protect the interests of Tenant .
7 . 12 . The Tenant shall not , in whole or part , sublease the dwelling , the Leased Premises ,
or any part of the Leased Premises . Any attempted sublease shall be void and shall , at the
sole option of the County , be deemed an event of default under this Lease .
7 . 13 . The Tenant shall not , without obtaining the prior written consent of the County , make
any alterations , additions , or improvements to or about the Leased Premises . For
purposes of this section , the approval authority shall be the Director of Public Works .
7 . 14 . The Tenant shall provide to the County ' s Department of Risk Management each
month a detailed " daily security log " addressing any and all issues concerning the security
of the Parks .
7 . 15 . The Tenant shall not pledge the County' s credit or make it a guarantor of payment or
surety for any contract , debt , obligation , judgment , lien , or any form of indebtedness .
7 . 17 . Tenant shall not mortgage , pledge , or encumber this Lease , in whole or in part , or
the leasehold estate granted under this Lease , to any other person , firm , or entity . Any
attempted mortgage , pledge orencumbrance
arnd shall , at theease , or sole option of the Countyleasehold , be
ate
granted under this Lease , shall be
deemed an event of default under this Lease .
7 . 18 . In the event that Tenant desires to sell , lease , or otherwise transfer (herein
collectively "Transfer" ) the dwelling located on the Leased Premises during the term of this
Lease , such Transfer by the Tenant : ( a ) is subject to the prior written approval of
the
County Administrator or designee , which consent shall not be unreasonably delayed ,
conditioned , or withheld ; and (b ) may be made only to a Law Enforcement officer with
arresting authority in Indian River County . In the event that the County approves the
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Transfer , the new owner of the dwelling must meet all of the requirements of this Lease ;
physically live on the Leased Premises ; and enter into a written "Assignment and
Assumption of Lease Agreement" with the County . Any attempted Transfer of this Lease
without compliance with this Lease provision shall be void and shall , at the sole option of
the County , be deemed an event of default under this Lease .
8 . Default ; Termination
8 . 1 This Lease may be terminated for any reason by either party upon 30 days written
notice sent to the other party by certified return receipt mail .
8 . 2 This Lease shall be terminated by the County if the Tenant is no longer employed as
an active , "fit for duty " deputy ; whereupon the Tenant will vacate the Leased Premises
immediately and remove the dwelling , and any and all belongings from the Leased
Premises within 72 hours at Tenant ' s sole expense . Further , if at any time the Tenant is
charged with immorality , misconduct in the job , gross insubordination , willful neglect of
duty , drunkenness , lewd and lascivious acts , or is released as a law enforcement officer
with the Sheriffs Department , any such event shall cause this Lease to be null and void ,
whereupon the Tenant will vacate the Leased Premises immediately and remove the
dwelling , and any and all belongings from the Leased Premises within 72 hours at
Tenant' s sole expense .
8 . 3 This Lease may be terminated by the County : ( a ) upon default by the Tenant in the
performance of any provision , covenant , or condition of this Lease to be performed by
Tenant hereunder , provided at least thirty ( 30 ) days written notice of default is sent by
County to Tenant setting forth the default with specificity and further provided such default
is not cured within forty-five (45 ) days after such written notice ; or ( b ) promptly in the event
Tenant abandons the Premises before the expiration of the term of this Lease .
9 . Damage .
9 . 1 . The County shall not be liable for any damage or injury which may be sustained by
any party or persons in , at , on or about the dwelling or the Leased Premises
9 . 2 . Tenant shall repair all damage to the Leased Premises caused by the Tenant , and his
agents or independent contractors in connection with his occupancy of the Leased
Premises .
9 . 3 . In the event of the partial or total damage or destruction of the dwelling located on the
Leased Premises , the County has no obligation whatsoever to provide or find alternate
housing for Tenant .
10 Miscellaneous .
10 . 1 . Surrender. At the expiration or termination of the Initial Term or any Renewal Term
of this Lease , or earlier termination thereof, Tenant shall peaceably and quietly leave ,
surrender , and deliver the Leased Premises to County , broom clean , and in thorough
repair , good order , and safe condition , reasonable wear and tear excepted , as it was at the
beginning of the Lease ; and Tenant shall , at Tenant 's expense , remove the dwelling and all
of Tenant' s personal property and those improvements made by Tenant which have not
become the property of County , and repair all injury done by or in connection with the
installation or removal of the dwelling , personal property , and improvements . All property
of Tenant remaining on the Leased Premises after the applicable last day of this Lease
shall be conclusively deemed abandoned and may be removed by County , and Tenant
shall reimburse County for the cost of such removal . County may have any such property
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ention of the
stored at Tenant' s risk and expense . It is the intlaws of the Stateparties of Flor da puachased or
furnishings and equipment as defined under the a
leased by Tenant , shall be and will This always Lease remain incorporates ates personal
andproperty
includes h Tenant .
all prior and
10 . 2 . Entirety of Lease .
contemporaneous negotiations , correspondence , conversations , agreements or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments , agreements , or understandings of any nature whatsoever concerning
the subject matter of the Lease that are not contained in this document . Accordingly , it is
agreed that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements , whether oral or written .
10 . 3 . Modification . This Lease may be modified , altered , or amended only by a written
document authorized and executed by both parties with the formality and of equal dignity
herewith . This Lease may not be amended , altered or modified by oral agreements or
understandings between the parties unless they are reduced to a written document
authorized and executed by both parties with the formality and of equal dignity herewith .
10 . 4 . Governing Law . This Lease shall be governed by the laws of the State of Florida and
any and all legal action instituted because of this Lease shall be instituted in Indian River
County ,
10 . 5 . No Waiver . Each right , power and remedy of the parties provided in this Lease
shall be cumulative and concurrent and shall be in addition to every other right , power or
remedy provided for in this Lease or now or hereafter existing at law or in equity or by
statute or otherwise . The failure of either party to insist upon compliance by the other
party with any obligation , or exercise any remedy , does not waive the right to do so in the
event of a continuing or subsequent delinquency or default . A party ' s waiver of one or
more defaults does not constitute a waver of any other delinquency or default .
10 . 6 . Costs . If any legal action or other proceeding is brought for the enforcement of this
Lease or because of an alleged dispute , breach , default , or misrepresentation in
connection with any provisions of this Lease , each party shall bear its own costs .
10 . 7 . Severability . If any term , covenant or provision of this Lease , or the application
thereof to any person or circumstances shall , to any extent , be held invalid or
unenforceable for the remainder of this Lease , then the application of such terms or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected , and each and every other term and provision of this
Lease shall be deemed valid and enforceable to the fullest extent permitted by law .
10 . 8 . Captions . Captions in this Lease are included for convenience only and are not to
be considered in any construction or interpretation of this Lease or any of its provisions .
The words " hereof' and " herein " mean this Lease .
10 . 9 . Construction . All pronouns and any variations thereof shall be deemed to refer to
the masculine , feminine or neuter , singular or plural , as the identity of the party or parties
may require . The parties hereby acknowledge and agree that each was properly
represented by counsel or had the opportunity so be represented , and this Lease was
negotiated and drafted at arm ' s - length so that the judicial rule of construction to the effect
that a legal document shall be construed against the drafter shall be inapplicable to this
Lease .
10 . 10 . Approval . The terms of this Lease are subject to modification by the Indian River
County Board of County Commissioners at the December 23 , 2008 meeting .
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10 , 11 Quiet Eniovment. If and so long as Tenant performs all of its obligations under
this Lease , County covenants that Tenant shall and may quietly hold and enjoy the Leased
Premises , subject to any applicable laws , ordinances, and governmental regulations , and
to any governmental actions .
10 . 12 . Counterparts, This Lease may be executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and
the same instrument.
10. 13 . General , The Background Recitals are true and correct and form a material part of
this Lease .
IN WITNESS WHEREOF, the parties hereto have accepted , made , and executed
this Lease upon the terms and conditions above stated on the day arrd < year first written
above .
INDIAN RIVER COUNTY
Attest: , Mary Louise Scheidt, BOARD OF COUNTY COMMISStONE S-�" .
Clerk, Ad Interim
By �� -� - B
Deputy Clerk es ey S . Davis , `Cfianati
[seal] o . ° °
Approved :
)rph A. gird
nty Administrator
pp ved as to fo al sufficiency:
1,
Marian E . Fell
Senior Assistant County Attorney
TENANT : Roberta Hall , Deputy
Sign
at
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