HomeMy WebLinkAbout2001SECOND AMENDMENT OF LEASE BETWEEN
CITY AND BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC.
The CITY OF SEBASTIAN, a Florida municipal corporation, and the BOYS AND GIRLS
CLUB OF INDIAN RIVER COUNTY, INC., a non -profit Florida corporation, hereby amend that
certain Lease between the parties dated October 25, 2001, as subsequently modified by the First
Amendment thereto, as follows:
1. Articles W shall now read as set forth herein:
Restriction on Use. The leased premises shall be used solely for the purposes
associated with the traditional functions of a youth center in accordance with the
standards of the Boys and Girls Club of America and shall not be used for any
other purpose without the prior written consent of the Lessor. During times not
utilized by Lessee, it is anticipated that use of the facility will be occasionally provided
to public or community groups for public uses consistent with the purposes of the
facility. Occasional or irregular use of the Premises by community groups shall not be
deemed an assignment or sublease of this Lease. Lessee may sublet the Premises or any
part thereof, or allow any other person to occupy or use the Premises or any part
thereof, on a more regular basis with the prior written consent of Landlord_
However, Lessee shall not commit or permit the commission of any acts on the
Premises that, nor use nor permit the use of the Premises in any way that:
(a) violates or conflicts with any law, statute, ordinance, or governmental
rule or regulation, whether now in force or hereinafter enacted, governing the Premises;
or
(b) constitutes the commission of waste on the Premises or the commission
or maintenance of a nuisance.
Notwithstanding the foregoing, if Lessor terminates this lease in
accordance with the provisions thereof, and if any lender has foreclosed and
acquired the leasehold interest, Lessor agrees to negotiate in good faith with such
lender with respect to the future use of the property.
2. There shall be added a new Article XXI, to read as set forth herein:
Leasehold Mortgage Financing:
a. At the time this amendment is executed, the Lessee is obtaining a loan
from First National Bank & Trust Company of the Treasure Coast ( "Lender ") for
the purpose of constructing a Boys and Girls Club facility. The loan will be secured
by a leasehold mortgage and will not encumber the fee. If Lessee defaults under the
Lease, Lessor agrees to provide Lender (and /or any other institutional lender
holding a leasehold interest of Lessee) written notice of the default and a 30 -day
opportunity to cure the default (or such longer cure period as may be provided
herein). The notices shall be addressed to Lender at 3730 - r Terrace, Vero Beach,
Florida 32960 or at any other such address as Lender may designate in writing.
b. Lessor consents to the collateral assignment of this Lease and Lessee's
leasehold interest to Lender and to such other institutional lender which may, in the
future, hold a lien on the leasehold interest of Lessee.
C. In the event Lessee ceases to operate at any time during the term of this
Lease or any renewal hereof, the lender holding a lien on the leasehold interest of
Lessee shall grant Lessor a first option to reacquire the leasehold interest of Lessee
by paying the outstanding balance of the lien, plus reasonable costs and legal fees
incurred in foreclosing the same.
3. All remaining provisions of the original Lease between the parties shall remain in
full force and effect.
EXECUTED on this /6 day of June, 2005, at Sebastian, Florida.
ATTEST:
CITY OF
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City Manager
City Clerk
-Approved as to Form and Legality for
Reliance by the City of Sebastian only:
K, ( S[::� '-�
RiA Stringer, City Atto •ney
BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC.,
a non- rofit Florida corporation
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Report of Survey: (Project 005 -056)
* TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION
NOT A BOUNDARY SURVEY
* THIS SURVEY PERFORMED BY:
HOUSTON, SCHULKE, BITTLE t STODDARD, INC. LB 6905
1717 INDIAN RIVER BLVD. SUITE 202C
VERO BEACH, FLORIDA
32%0 -0864
* PR0FE55IONAL SURVEYOR 4 MAPPER IN RESPONSIBLE CHARGE:
STUART A. HOUSTON, P.L.S. #4490
* THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS
OF THE MINIMUM TECHNICAL STANDARDS, AS ESTABLISHED IN
CHAPTER 61G17 -61 FLORIDA ADMINISTRATIVE CODE.
* THE BEARING BASE FOR THIS SURVEY IS: S8q'42'IgW ", ASSUMED
ALONG THE SOUTH LINE OF GOVT LOT 21 (GRID)
* NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED.
Legal Description: (PREPARED BY SURVEYOR)
A PARCEL OF LAND LYING IN GOVERNMENT LOT 21 SECTION 61
TOWNSHIP 31 SOUTH, RANGE 39 EAST, SEBASTIAN, FLORIDA,
BEING ALSO A PORTION OF TRACT B, 'SCHOOL GROUNDS' AS
SHOWN ON THE REPLAT OF_ SCHOOL PARK SUBDIVISION, RECORDED
IN PLAT BOOK 2, PAGE 29, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND AL50 A PORTION OF THE 'NOT
INCLUDED' PARCELS RECORDED IN OFFICIAL RECORDS BOOK 436
PAGE 3751 ALSO OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID
GOVERNMENT LOT 2:
THENCE SSq'42'iq "W, 3%.75 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE 5801042119"W, 175.15 FEET;
THENCE N00015'32 "W, 248.70 FEET;
THENCE NSq'42'Iq "E, 175.15 FEET;
THENCE 500015'32 "E, 248.70 FEET, TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1.00 ACRES t AND 15 SUBJECT TO
RESERVATIONS, RESRIGTa0N5.
AND EASEMENTS OF RECORD.
THIS SURVET IS NOT VALID WITHOUT THE
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SIGNATURE AND THE ORIGINAL RAISED SEAL OF
THE FLORIDA LICENSED SURVEYOR AND MAPPER
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1717 hdien River BMd. Suite 2020
Vero Seah, Fl. LS M
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STUART A. HOUSTON, P.L.S. #4490
FIRST AMENDMENT OF LEASE BETWEEN
CITY AND BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC.
The CITY OF SEBASTIAN, a Florida municipal corporation, and the BOYS AND GIRLS
CLUB OF INDIAN RIVER COUNTY, INC., a non -profit Florida corporation, hereby amend that
certain Lease between the parties dated October 25, 2001 as follows:
1. The Preamble of said Lease, as well as Articles 1, II and III, shall now read as set forth
herein:
The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease
as "Landlord ", hereby leases to BOYS AND GIRLS CLUB OF INDIAN RIVER
COUNTY, INC., a non -profit Florida corporation, referred to as "Lessee ", those certain
premises, referred to as the "Premises ", lying and being in the county of Indian River,
State of Florida, to -wit:
See attached Schedule "A"
UPON A FINDING of the City Council that operation of a Boys and Girls Club upon
public lands constitutes a public use and benefit, and
IN CONSIDERATION OF said public benefits and the payment of one dollar ($1)
the receipt and sufficiency of which is acknowledged by the parties, the parties agree to
be legally bound as follows:
I. TERM
The term of this lease shall be for a period of fifty (50) years, commencing at 12:01
A.M. on the 1st day of April, 2005 and ending March 31, 2055. The parties shall
renegotiate for an extension of the lease term upon a commitment by Lessee to undertake a
major renovation of the facility during the life of the Lease.
II. CONDITION; CONSTRUCTION OF FACILITY
No later than December 31, 2005, Lessee shall obtain a building permit to
construct on the Premises a youth center in the standard style of a Boys and Girls Chub
facility. Construction shall be in accordance with site plans that shall be approved in
writing by the City Council, which approval shall not be unreasonably withheld, and
Lessee shall be allowed to incorporate stormwater retention and parking for the
Premises into the facilities to be constructed by Landlord in developing the surrounding
City lands. The parties shall coordinate development of this overall site to maximize the
efficiency of shared facilities.
Phase l of said facility shall be completed no later than December 31, 2008.
Further within ten (10) years from the date hereof, it is intended that additionall phases
creating a total facility size of no less than 20,000 square feet shall be completed. The
time periods herein may be extended for good cause or for reasons beyond the control
of Lessee. Failure to satisfy the conditions of this Article shall be grounds for
termination of the Lease.
III. RENT
Lessee agrees to pay the Landlord as rent for the use and occupancy of the Premises the
amount of $1 per year payable on the 1 at day of April each and every year commencing on
April 1, 2005, at the Finance Department office of Landlord or such other place or places
as Landlord may from time to time designate by written notice given to Lessee. Said
amount may be prepaid.
2. All remaining provisions of the original Lease between the parties shall remain in
full force and effect.
EXECUTED on this 30 th day of March, 2005, at Sebastian, Florida.
ATTEST:
t�
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Sally A. Mai , CMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City A41ftfney
CITY OF SEBASTIAN
A Municipal Corporation
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Davis, Interim City Manager
BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC.,
anon- profit Florida corporation
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Schedule A Page 2 of 2
Report of Survey: (Project +05 -05 (o)
* TYPE OF SURVEY: SKETCH OF LEGAL DESCRIPTION
NOT A BOUNDARY SURVEY
* THIS SURVEY PERFORMED BY:
HOUSTON, SCHULKE, BITTLE
1717 INDIAN RIVER BLVD.
VERO BEACH, FLORIDA
32960 -0864
t STODDARD, INC. LB 6905
SUITE 202C
* PROFESSIONAL SURVEYOR 4 MAPPER IN RESPONSIBLE CHARGE:
STUART A. HOUSTON, P.L.S. #4490
* THIS SURVEY MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS
OF THE MINIMUM TECHNICAL STANDARDS, AS ESTABLISHED IN
CHAPTER 61GI7 -61 FLORIDA ADMINISTRATIVE CODE.
* THE BEARING BASE FOR THIS SURVEY IS: S89042'19W", ASSUMED
ALONG THE SOUTH LINE OF GOVT LOT 21 (GRID)
* NO TITLE OPINION OR GUARANTEE IS EXPRESSED OR IMPLIED.
LL°eal Description: (PREPARED BY SURVEYOR)
A PARCEL OF LAND LYING IN GOVERNMENT LOT 2, SECTION 6,
TOWNSHIP 31 SOUTH, RANGE 39 EAST, SEBASTIAN, FLORIDA,
BEING ALSO A PORTION OF TRACT B, 'SCHOOL GROUNDS' AS
SHOWN ON THE REPLAT OF SCHOOL PARK SUBDIVISION, RECORDED
IN PLAT BOOK 2, PAGE 29, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA AND ALSO A PORTION OF THE 'NOT
INCLUDED' PARCELS RECORDED IN OFFICIAL RECORDS BOOK 436
PAGE 375, ALSO OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID
GOVERNMENT LOT 2:
THENCE S89'42'I9 "W, 396.75 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE 589'42'19 "W, 175.15 FEET;
THENCE N00'15'32 "W, 248.70 FEET;
THENCE N89'42'19"E, 175.15 FEET;
THENCE 800'15'32 "E, 248.70 FEET, TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1.00 ACRES ± AND IS SUBJECT TO
RESERVATIONS, RESRICTIONS
AND EASEMENTS OF RECORD.
THIS SURVEY 15 NOT VALID WITHOUT THE
Haustm, 5dwlke, the 4 5t4ddard, Inc. SIGNATURE AND THE ORIGINAL RAISED SEAL OF
Pra iaial lad urvey" t Mcppen THE FLORIDA LICENSED SURVEYOR AND MAPPER
D BELOW.
1717 4dim River Blvd. Suite 2020
Vero Beach, Ft.. LB 6905
Ph: (T72) 794 -1213 Fox, (772) 794 -1096 STUART A. HOUSTON, P.L.S. tt4490
NON - PROFIT LEASE
The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as
"Landlord ", hereby leases to BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a
non -profit Florida corporation, referred to as "Lessee ", those certain premises, referred to as the
"Premises ", lying and being in the county of Indian River, State of Florida, to -wit:
That area depicted as the "Boys and Girls Club" in the schematic
plan for the Sebastian City Hall site attached hereto as Exhibit "A"
UPON A FINDING of the City Council that operation of a Boys and Girls Club upon
public lands constitutes a public use and benefit, and
IN CONSIDERATION OF said public benefits and the payment of one dollar ($1) the
receipt and sufficiency of which is acknowledged by the parties, the parties agree to be legally
bound as follows:
I. TERM
The term of this lease shall be for a period of fifty (50) years, commencing at 12:01 A.M. on
the 1st day of November, 2001 and ending October 31, 2051. The parties shall renegotiate for an
extension of the lease term upon a commitment by Lessee to undertake a major renovation of the
facility during the life of the Lease.
H. CONDITION; CONSTRUCTION OF FACILITY
Within five years of the date hereof, or within six months of having obtained minimum
capital funding commitments in the amount of one and one -half million dollars ($1,500,000),
whichever occurs first, Lessee shall obtain a building permit to construct on the Premises a youth
center of no less than 20,000 square feet in the standard style of a Boys and Girls Club facility.
Construction shall be in accordance with site plans that shall be approved in writing by the City
Council, which approval shall not be unreasonably withheld, and Lessee shall be allowed to
incorporate stormwater retention and parking for the Premises into the facilities to be constructed
by Landlord in developing the surrounding City lands. The parties shall coordinate development
of this overall site to maximize the efficiency of shared facilities.
Said facility shall be completed no later than seven (7) years from the date hereof. The
time periods herein may be extended for good cause or for reasons beyond the control of Lessee.
Failure to satisfy the conditions of this Article shall be grounds for termination of the Lease.
M. RENT
Lessee agrees to pay the Landlord as rent for the use and occupancy of the Premises the
amount of $1 per year payable on the 1 st day of November each and every year commencing on
November 1, 2001, at the Finance Department office of Landlord or such other place or places as
Landlord may from time to time designate by written notice given to Lessee. Said amount may be
prepaid.
IV. USE OF PREMISES
The Premises shall be used exclusively by Lessee for purposes associated with the
traditional functions of a youth center in accordance with the standards of the Boys and Girls
Club of America, and for no other use or uses without the express written consent of Landlord.
During times not utilized by Lessee, it is anticipated that use of the facility will be occasionally
provided to public or community groups for public uses consistent with the purposes of the facility.
Occasional or irregular use of the Premises by community groups shall not be deemed an
assignment or sublease of this Lease. Lessee may sublet the Premises or any part thereof, or allow
any other person to occupy or use the Premises or any part thereof, on a more regular basis with the
prior written consent of Landlord.
However, Lessee shall not commit or permit the commission of any acts on the Premises
that, nor use nor permit the use of the Premises in any way that:
(a) violates or conflicts with any law, statute, ordinance, or governmental rule or
regulation, whether now in force or hereinafter enacted, governing the Premises; or
(b) constitutes the commission of waste on the Premises or the commission or
maintenance of a nuisance.
V. ASSIGNMENT OR SUBLEASING
Lessee may not assign, or otherwise transfer this lease, any right or interest in this lease,
or any right or interest in the Premises without the prior express written consent of Landlord. A
consent by Landlord to one assignment, subletting, or occupation and use by another person shall
not require that consent be given to any such assignment to another. The consent of Landlord to
any assignment of Lessee's interest in this lease or the subletting by Lessee of the Premises shall
not be unreasonably withheld.
VI. MAINTENANCE AND REPAIRS
Lessee shall, at all times during the term of this lease and any renewal or extension thereof,
maintain, at Lessee's sole cost and expense, the Premises and every part of the Premises, in a good,
clean, and safe condition, free of pests. Lessee shall be responsible for the provision of all utility and
other services to the Premises. Lessee hereby waives any right to make repairs to the Premises at the
expense of Landlord as provided by any law or statute now or hereafter enacted. In the event that a
situation in the reasonable judgment of the Landlord requires that immediate emergency repairs be
performed to any part of the Premises, Landlord may perform the same with or without notice to
Lessee, and Lessee shall reimburse Landlord in a timely manner for reasonable expenses incurred
thereby.
VII. PERSONAL PROPERTY TAXES
Lessee shall pay before they become delinquent all taxes, assessments, or other charges
levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other
personal property placed by Lessee in, on, or about the Premises including, without limiting the
generality of the other terms used in this section, any shelves, counters, vaults, partitions, fixtures,
machinery, equipment, office equipment, television or radio antennas, or communication equipment
brought on the Premises by Lessee.
VIII. REAL PROPERTY TAXES
All real property taxes and assessments levied or assessed against the Premises by any
governmental entity, including any special assessments imposed on or against the Premises for the
construction or improvement of public works, shall be paid, before they become delinquent, by
Lessee. Landlord shall provide Lessee with a conforming copy of all taxes and assessments levied
against the Premises at least thirty (30) days prior to the date of delinquency.
IX. PROPERTY CASUALTY INSURANCE
The Tenant shall at its sole cost procure and keep in effect standard policies of property
casualty, fire and extended coverage insurance in an amount equivalent to the appraised value of
the improvements to the Premises. Upon request, the Tenant shall provide to the Landlord a
certificate of such insurance with evidence of the payment of the premium therefore and /or
copies of said policies. The Landlord shall have no obligation to keep the buildings and
improvements on, nor any personal property used in connection with, the Premises insured. Any
policy of insurance required pursuant to this Lease shall be issued by an insurance company
authorized to engage in business in the State of Florida and which has a rating of at least A+ by
A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors.
Such insurance shall contain a clause preventing cancellation of any coverage before thirty (30)
days written notice to the Landlord and shall name the Landlord as an additional insured.
In the event that the Tenant's use of the Premises causes any increase in the premium for
any insurance maintained by Landlord on the Premises or any portion thereof, Tenant shall
reimburse Landlord for the amount of said increase within thirty days of notice of the same.
X. LIABILITY INSURANCE
Lessee shall, at its own cost and expense, secure within 10 days and maintain during the
entire term of this lease and any renewals or extensions of such term a broad form comprehensive
coverage policy of public liability insurance issued by an insurance company acceptable to Landlord
and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and
use of the Premises under this lease in amounts not less than:
(a) $200,000 for injury to or death of one person and, subject to such limitation for the
injury or death to one person, of not less than $1,000,000 for injury to or death of two or more
persons as a result of any one accident or incident; and
(b) $500,000 for damage to or destruction of any property of others; or
(c) Such higher amount as may be set as the liability limits under the waiver of
sovereign immunity provisions of law for the occurrences described in subsections (a) and (b).
XI. DESTRUCTION OF PREMISES
In the event the building and /or other improvements erected on the Premises are
destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or
obligation to make any expenditures toward the repair and /or replacement of the building and
other improvements on the Premises. Tenant, at its option, shall either:
1. Cause said building and/or other improvements to be replaced or said damage to be
repaired as rapidly as practicable,
2. If said damage involves an insubstantial portion of the Premises, elect not to repair the
damages to the Premises and continue in the Lease.
3. If said damage involves a substantial portion of the Premises, elect not to repair the
damages to the Premises and terminate the Lease.
(a) In the event the Tenant elects to repair and /or replace the building and other
improvements on the Premises, the Landlord shall have no claims against any insurance proceeds
paid to the Tenant on account of such damage and /or destruction. Provided, however, that all
repaired and /or replaced building and other improvements are repaired /replaced in a manner
equal to or better than the building /improvement being repaired or replaced.
(b) In the event the Tenant, under its option, elects not to repair and /or replace the
building and improvements upon the Premises, the Landlord shall be entitled to such portion of
any insurance proceeds equal to its good -faith estimate of the cost to remove all remaining
portions of the damaged or destroyed building and improvements and all rubble or debris
resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to
rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant.
XII. ALTERATIONS
Lessee shall not make or permit any other person, excepting Lessee's employees, agents,
servants and contractors, to make alterations to the Premises without the prior written consent of
Landlord. Should Landlord consent to the making of any alterations to the Premises by Lessee, the
alterations shall be made at the sole cost and expense of Lessee by a contractor or other person
selected by Lessee and approved in writing before work commences by Landlord. Any and all
alterations, additions, or improvements made to the Premises shall on expiration or sooner
termination of this lease become the property of Landlord and remain on the Premises.
XW. INSPECTION BY LANDLORD
Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the
Premises at all reasonable times for the purpose of inspecting the Premises to determine whether
Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that
may be necessary to protect Landlord's interest in the Premises under this lease.
XIV. ACTS CONSTITUTING BREACHES BY LESSEE
Lessee shall be guilty of a material default and breach of this lease should:
(a) Lessee default in the performance of or breach any provision, covenant, or condition
of this lease and such default or breach is not cured within thirty days after written notice thereof is
given by Landlord to Lessee; or
(b) Lessee breach this lease and abandon the Premises before expiration of the term.
XV. LANDLORD'S REMEDIES FOR LESSEE'S DEFAULT
Should Lessee be guilty of a material default and breach of this lease as defined in this lease,
Landlord, in addition to any other remedies given Landlord by law or equity, may terminate
Lessee's right to possession of the Premises and recover and regain possession of the Premises in the
manner provided by the laws of the State of Florida.
XVL WAIVER OF BREACH
The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall
not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the
same or another provision of this lease.
XVH. SURRENDER OF PREMISES
On expiration or sooner termination of this lease, or any extensions, Lessee shall promptly
surrender and deliver the Premises to Landlord in good condition, reasonable wear and tear
excepted.
XVHI. UNREMOVED TRADE FIXTURES
Any trade fixtures that are not removed from the Premises by Lessee 30 days after this
lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee
and shall automatically become the property of Landlord as owner of the real property to which they
are affixed
XIX. INDEMNITY
Lessee shall indemnify and hold Landlord and the property of Landlord, including the
Premises, free and harmless from any and all liability, claims, loss, damages or expenses, including
counsel fees and court costs, arising by reason of the death or injury of any person, including Lessee
or any person who is an employee or agent of Lessee, or by reason of damage to or destruction of
any property, including property owned by Lessee or any person who is an employee or agent of
Lessee, caused or allegedly caused by some act or omission on the Premises by Lessee or any
employee, agent, invitee or servant of the Lessee, other than Landlord, or an employee or agent of
Landlord.
XX. NOTICES
Any notice, report, statement, approval, consent designation, demand or request to be
given and any option or election to be exercised by a party under the provisions of this Lease
shall be effective only when made in writing and delivered (or mailed by registered or certified
mail with postage prepaid) to the other party at the address given below:
Landlord: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
Tenant: Boys and Girls Club of Indian River, Inc.
P.O. Box 3068
Vero Beach, FL 32964
Attn: Executive Director
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change.
EXECUTED on thigv *day of October, 2001, at Sebastian, Florida.
ATTEST:
Sally A. io, CMC
City Clerk
Approved as to Form end Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City At rney
CITY OF SEBASTIAN
Munici 1 Corp tion
By:
erren a R. Moore, City Manager
BOYS AND GIRLS CLUB OF
INDIAN RIVER COUNTY, INC.,
a Florida non -profit corporation,
By:
i
Its:
(Seal)
EXHIBIT "A"
RESOLUTION NO. R-Ol 7 66
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
AUTHORIZING CITY MANAGER TO EXECUTE NON - PROFIT LEASE
WITH BOYS AND GIRLS CLUB; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Council finds that operation of a Boys and Girls Club upon public
lands constitutes a public use and benefit;
NOW THEREFORE, BE IT RESOLVED,BY THE COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The City Manager is hereby authorized on behalf
of the City to execute the attached NON - PROFIT LEASE BETWEEN THE CITY OF
SEBASTIAN, A FLORIDA MUNICIPAL CORPORATION, LANDLORD AND BOYS AND
GIRLS CLUB OF INDIAN RIVER COUNTY, INC., A NON - PROFIT FLORIDA
CORPORATION.
Section 2. SUPPORT AND ASSISTANCE. The City shall endeavor to lend its
support to the Boys and Girls Club in future fundraising efforts, including co- sponsorship of
grant applications for the facility.
Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon
its adoption.
The foregoing Resolution was moved for adoption by Councilmember Barczyk .
The motion was seconded by Councilmember Coniglio and, upon being put into
a vote, the vote was as follows:
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
Councilmember Ray Coniglio
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this 24h day of October,
2001.
CITY OF SEBASTIAN, FLORIDA
By: 1'k )&Drm P", a XA-ip
ATTEST:. Mayor Walter Barnes
Approved as to form and legality for
r reliance by the City of Sebastian only:
Sally A. MaipetMC
City Clerk
�i
Rich Stringer, City Att ney