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HomeMy WebLinkAbout03212003HO~,~/E OF I~E~LICA~ ~SLAI~D. 1225 Main Street [] Sebastian, Florida 32958 Telephone (772) 589-5330 [] Fax (772) 589-5570 City Council Information Letter March 21, 2003 Discretionary Sales Transaction Process Tax Revenue Bond Rating and As you will recall, Director of Finance Mark Mason and I accompanied Jeff Larson and Bill Spivey of Kirkpatrick Pettis to New York City for the purpose of meeting with three rating agencies and four bond insurers to obtain an underlying bond rating and insurance rate quotes for bond insurance and surety. Surety will serve as insurance for the revenue bond reserve, which would allow the City of Sebastian to retain additional funds for capital improvements. I am pleased to report that both the bond and the project were well received by the bond insurers and rating agencies. This bodes well for the City of Sebastian to obtain both a favorable underlying rating and insurance quotes. More specific details of success regarding this transaction process will therefore be offered publicly during next week's City Council meeting. Sebastian Panthers Fundraisin.q Efforts During the past several weeks, I have hosted meetings with representatives of the Sebastian Panthers Youth Football Program relative to the necessity of continuing good relations with the City of Sebastian in providing respective athletic development opportunities for young people in the community. A primary issue addressed during these discussions is creative fundraising opportunities to help defray expenses associated with administering the program. As referenced in the attached letter, a formal request is being made to my office to allow team sponsors to advertise at the Barber Street Sports Complex Football Field during the season (typically between the months of August and December). As referenced in the aforementioned contract with Sebastian Panthers, Inc., Section 8(e) (Page 7) installation and/or maintenance of commercial or private advertising signs City Council Information Letter March 21, 2003 Page 2 is prohibited. Interestingly, an addendum to this agreement as authorized by the Sebastian City Council in June 1997 modifies requirements of this provision in that the Office of the City Manager may permit scoreboard advertisements (except for tobacco and alcohol product marketing activities). However, the desire at this time is to also feature other ads, as the consensus of Sebastian Panthers officials is that more sponsorship will result, and therefore increasing program funding accordingly. I anticipate scheduling a presentation regarding this matter during a regular City Council meeting prior to the 2003 season, as more direction will be required publicly prior to honoring such a request. Meanwhile, the lease agreement, including the 1997 addendum is being included for your review and further edification. Clearing Activities for Park Development As staff from the Department of Public Works was successful in clearing recently acquired property to accommodate outdoor recreation expansion activities south of Riverview Park, please be advised that crews are once again being assembled to initiate clearing and grubbing activities to prepare for other park development activities citywide. Such work is therefore anticipated to begin within the next couple weeks in the rear of the Barber Street Sport Complex to accommodate an additional parking (tree buffered) area, as well as passive neighborhood parks at BarbedGeorge and Filbert Street. The Department of Engineering has concluded that the City of Sebastian will enjoy significant construction cost savings as a result of prepping land as described, prior to directing contractors to commence with improvements. As previously reported, recommendations to commission construction firms will soon be offered publicly. Minor Modifications - United States Highway One Earlier this week, officials representing the Florida Department of Transportation (FDOT) met with staff from the Departments of Engineering and Public Works to discuss initiation of minor infrastructure modifications along United States Highway One. As referenced in the attached electronic mail message from Director of Public Works Terry Hill, Ranger Construction will initiate tasks on behalf of FDOT to incorporate an additional turning lane City Council Information Letter March 21, 2003 Page 3 in the vicinity of Sebastian Boulevard (County Road 512). Work is therefore anticipated to be completed in the coming days, with only minimal disruption to traffic flow is expected. Enclosure(s): Letter from Tiphany Marotta - Sebastian Panther Sponsorship/Advertisement Lease Agreement/Addendum - Sebastian Panthers, Inc. Electronic Mail Message from David Fisher- Park Development Preparation Electronic Mail Message from Terry Hill - US 1 My Documents/InfoLetter169 City Manager: Mr. Terrance Moore City of Sebastian 1225 Main Street Sebastian, Flodda 32958 Dear Sir: Tiphany Ma.rotte-7,; ;: ..~ Public F2.~_a~:fl~F.,Gffic~ ?' :"" Seb~anthers, Inc. `'" '";.~ ~6~stian FIo~ 32958 ,~, .~, arch 5~2~0~eG ;~ As you know, the Sebastian Panthers is a youth Football and Cheerleading organization located on property located on Barber Street at the :~ c0mplex. The City of Sebastian holds the lease agreement with us until the year 2005. In the lease agreement, there was an addendum m~ade dated the 1 i'~ day of June 1997. In the addendunh mentioned above, include no signage on the property with the exception I noticed that a sentence r ' ce stated (and I quote an exce pt f I may).., ex Pt that, with the consent of the City Manager .... ". Sir, I am writing to see if l may convince-you to consent to yet another change. In the past few years, we have found it items needed to deliver of funds. We are seekinc difficult to raise funds for the equipment and the season. Last year, we were unable to due to Iow sponsorship and therefore lack hout the business community and feel serve this purpose, We feel there are several benefits to adding a fence: tO the field(s). would attract more s~nsors, whiCh in:turn would increase funds to servethe children better. > We also believe that this will promote spirit of their commitment to our benefit more ~ It 'will add to the safety of the children by prohibiting vehicles and other motorized items such from entering onto the field unless in an emergency and the children inside the would not be able to enter a busy roadway. And of course the least, but not unimportant, the health of the grass on the field. (It does need time to rejuvenate.) For me, as the Public Relations Officer, I think the best result of this would be for the children to see that their community is behind them and would like to see them succeed. They will know this by seeing those familiar names around them. Mr. Moore, we would so greatly appreciate it if you would perhaps reconsider the addendum referenced and allow us a fence to attract the sponsorship we so desperately need. Sincerely, Tiphany Marotta '.--',. '.,.mm~ Public Relation Officer-Sebastian Panthers, Inc. LEASE AGREEMENT , 1995, by and between the CITY OF SEBASTIAN, Florida, a Florida municipal corporation located in Indian River County, Florida, party of the first part (hereinafter referred to as the "Landlord"), .~and the SEBASTIAN PANTHERS, INC., a Florida Not-For- Profit Corporation, party of the second part(hereinafter referred to as the "Tenant"). W I T N E S S E T H: WHEREAS, the Landlord is the owner of certain real property located in the City of Sebastian, County of Indian River, State of Florida; and WHEREAS, the Landlord has agreed to lease such real property to the Tenant subject to certain terms and conditions; and WHEREAS, the Tenant desires to lease such real property from the Landlord. NOW, THEREFORE, in consideration of the premises, the covenants, terms and conditions to be performed as set forth hereinafter, the receipt and sufficiency of which are hereby acknowledged, the parties hereto have agreed and do agree as follows: 1. Leased Premises: Subject to the terms and conditions set forth in this Lease Agreement, and for so long as the Tenant shall continue to operate a football league for the area's youth, the Landlord leases to the Tenant and the Tenant rents from the Landlord the certain real property located at the Barber Street Sports Complex South located in Sebastian, Indian River County, Page 1 of 21 Sebastian Panthers Lease Agreement Florida, such property of the Landlord being more particularly described as the football fields 1 and 2; parking areas A and B; and the concession stand, meeting room, and restrooms in the prefabricated metal building, and equipment building as identified on Schedule "A" attached hereto and by this reference incorporated herein. The aforementioned real property and any improvements constructed thereon, including buildings and fixtures, shall be hereinafter referred to as the "Leased Premises" The area designated "City Storage Area" on Schedule "A" shall not be a part of the Leased Premises, and the City shall retain the rights of access to such area at all times. 2. Term of Lease: This lease shall begin on the date of execution of this Lease by both parties and end on December 31, 2005 unless earlier terminated or extended as provided herein. When the Landlord determines it is in the public interest, the Landlord may at any time terminate this Lease without cause on furnishing to the Tenant notice in writing twelve (12) months in advance of the date of termination of the Lease. However, the termination of this Lease by either party shall not operate to cure any default of any of the terms and conditions of this Lease by a defaulting party. The term of this lease may be extended by negotiation between the TENANT and LANDLORD prior to the beginning of the last year of the term period ending in 2005. Short term extensions to the term of the lease for special tournaments may be granted by the City Council. 3. Rent: The rent to be paid by Tenant to the Landlord for the Lease Term shall consist of the sum of One Dollar ($1.00). The parties hereby acknowledge payment by Tenant and receipt by Landlord of said rent. 4. Additional Rent: The Tenant agrees to pay as rent in addition to the rent provided for in Paragraph 3 of this Lease Agreement, any and all sums which may become due by reason of the failure of the Tenant to comply with all of the covenants, terms and conditions of this Lease and any and all damages, costs and expenses, including attorney's fees (both at trial and all Page 2 of 21 Sebastian Panthers Lease Agreement appellate levels) which the Landlord may suffer or incur by reason of such default, and also any and all damages to the Leased Premises caused by any act or neglect of the Tenant, or its assignees or sublettees. (a) Liability Insurance: From July 1 through Dec. 31 of each year during the Lease Term, the Tenant shall provide and keep in force at its own expense public liability insurance coverage with respect to the Leased Premises and all improvements made to the Leased Premises. The insurance coverage to be provided by the Tenant shall contain limits of not less than $300,000.00 for injury or death of any one person and $1,000,000.00 for injury or death for any one accident. (b) ~iscellaneous: Any policy or policies of insurance required by the Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and the Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. Ail such policies shall name the Landlord as an additional insured and shall contain provision for notice to the Landlord not less than ten (10) days in advance of any cancellation or material change of such policy or policies. In.case of failure of the Tenant to make premium payment when due, the Landlord may pay the amount of any such premiums, which amount with interest thereon from the date of payment by the Landlord shall be due and payable by the Tenant to the Landlord immediately. Copies of renewal policies for any insurance required under this Paragraph 5 shall be deposited by the Tenant with the Landlord at least ten (10) days prior to the expiration of existing policies, and upon the failure of the Tenant to do so, the Landlord may immediately purchase, for the account of Page 3 of 21 Sebastian Panther Lease Agreement the Tenant, the necessary insurance from any reputable insurance company without notice to the Tenant, and the Tenant shall reimburse the Landlord for the cost thereof within ten (10) days after demand for same by the Landlord. The Tenant shall have the right to carry the insurance provided for in this Paragraph 5, or any portions of such insurance under a blanket or comprehensive all-risk policy. 6. Use of Leased Premises: (a) Exclusive Right of Use: During the Lease Term, from July 1 through Dec. 31, the Tenant shall have the exclusive right to use and enjoy the Leased Premises each day of the week provided, however, that the Tenant will make reasonable arrangements for the use of the Leased Premises other than the concession standby other parties when not in use by the Tenant, subject to such terms and conditions as Tenant may reasonably impose. (b) Use of Concession Stand: The Tenant agrees that the concession stand, is to be operated by it on the Leased Premises will not be operated in such a manner as to constitute a nuisance or a hazard and that in connection with the operation of such facility, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authority having jurisdiction over such facility operated in the Leased Premises. If for any reason the Tenant is unable to obtain, or once obtained is unable to continue to hold, the applicable governmental licenses or permits allowing it to operate the concession stand, or if the Tenant shall, for any reason, cease operating the concession stand, then, the Landlord shall have the right to retake possession of the concession stand, and to undertake its operation or, to enter into an agreement with a third party whereby such third party shall operate the concession stand. Page 4 of 21 Sebastian Panthers Lease Agreement Thereafter, the Tenant shall have no further right or interest in the concession stand portion of the building. (c) Use as Recreational Facility: The Tenant agrees that the Leased Premises shall be used by the Tenant solely as a recreational facility for its members and guests. The Tenant agrees that the Leased Premises shall not be used for any other purpose. (d) Use of Meeting Room During Remainder of Year Not Covered by Lease Term. The Tenant may have privilege of using the meeting room during the period outside the lease term providing that use of the room does not conflict with another organization which has previously reserved the room for its use. (e) Possession and Use of Alcohol: The Tenant shall not permit the possession or use of alcohol on the Leased Premises. 7. ~: The Landlord shall be responsible for electricity, water, wastewater disposal and stormwater management. The Tenant shall be responsible for janitoral service and any other utility or service consumed in connection with the occupancy of the Leased Premises by the Tenant. 8. Affirmative Covenants of Tenant: The Tenant covenants and agrees that it will without demand: (a) Preparation of Fields: Assume responsibility for and undertake any and all preparations and efforts required to be performed on the Leased Premises in order that it may be used as a playing field for the game of football, including, but not by way of limitation, lining. Furthermore, it shall be the Tenant's responsibility to furnish all individual equipment necessary to Page 5 of 21 Sebastian Panthers Lease Agreement play football provided, however, that the Landlord may, at Landlord's option, provide Scoreboards and goal posts for each field. (b) Waste: Conduct its use of the Leased Premises in such a manner as not to be a nuisance, and shall not allow any noxious odors or vapors to be emitted from the Leased Premises. Use of explosives, flammable and/or corrosive agents and other like materials is not approved unless authorized by the Landlord in advance. Any cleaning agent apparatus will be installed and vented to the outside at the Tenant's cost and only if installation is approved in writing in advance by the Landlord. The Tenant shall not engage in activities that waste the Leased premises. (c) Cleaning: Keep the Leased Premises and all improvements erected thereon in a clean and orderly state, including, but not by way of limitation, all fields and adjacent spectator areas, the announcers' stands and scoreboards, the concession' stand, meeting room and the restrooms. Tenant's obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Leased Premises for this purpose. The Tenant's responsibilities under this Paragraph 8 (c) shall also include the duty to supply the restrooms with toilet paper and all other necessary sanitary items. The Tenant shall permit the Landlord's duly authorized agents to enter upon the Leased Premises and the buildings and improvements thereon erected at any reasonable time, and from time to time, for the purpose of inspecting and appraising the same. The Tenant shall comply with all reasonable orders, regulations, rules and requirements of every kind and nature relating to the cleaning or orderliness of the.premises, now or hereafter in effect, of the federal, state, municipal or other governmental authorities having power to enact, adopt, impose or require the same, whether they be Page 6 of 21 sebastian Panthers Lease Agreement usual or unusual, ordinary or extraordinary, or to changes or requirements incident thereto, or as the result of any use or occupation thereof or otherwise, and the Tenant shall pay all costs and expenses incidental to such compliance, and shall defend, indemnify and save harmless the Landlord from all expense, and damages by reason of any notices, orders, violations or penalties filed against or imposed upon the Leased Premises or against the Landlord as owner thereof, because of the failure of the Tenant to comply with this covenant. In the event of the failure of the Tenant promptly to perform the covenants of this Paragraph 8 (c), the Landlord may go upon the Leased Premises and perform such covenants, the cost thereof, at the sole option of the Landlord, to be charged to the Tenant as additional and delinquent rent. (d) Im_~rovements: The Tenant shall not cause any improvements to be made to the Leased Premises without the advance written consent of the Landlord. Provided, however, that this provision shall not be deemed to prevent the Tenant from performing or arranging for the performance of any of its duties or exercising any of its rights under Paragraph 8. Unless otherwise agreed in writing between the parties hereto, all costs of any improvements shall be borne by the Tenant. All improvements made on the Lease Premises, including the construction of buildings and installation of fixtures, shall become the property of the Landlord upon their construction or installation, but shall be deemed part of the Leased Premises for purposes of this Lease Agreement. (e) ~: The Tenant shall not erect or maintain any sign or signs on the Leased Premises of a commercial or private advertising nature. Page 7 of 21 Sebastian Panthers Lease Agreement (f) ~: Keep locked the announcers' stands and the concession stand and restroom building, including related storage areas, when such premises are not being used by the Tenant. (g) Compliance: Comply with any requirements of any of the constituted public authorities, and with the terms of any state or federal statute or local ordinance or regulation applicable to the Tenant or its use of the Leased Premises, and save the Landlord harmless from penalties, fines, costs or damages resulting from failure so to do. (h) Fire: Use every reasonable precaution against fire. (i) Rules and Reaulations: Comply with reasonable rules and regulations of the Landlord promulgated as hereinafter provided. (j) Surrender of Leased Premises: Upon the expiration or other termination of this Lease, for any reason whatsoever, surrender to the Landlord the Leased Premises together with the buildings and improvements thereon erected or standing thereon and the building equipment then upon the Leased Premises, together with all alterations and replacements thereon, in good order, condition and repair, except for reasonable wear and use thereof, and except for such damage by any taking by condemnation or exercise of the right of eminent domain. The Tenant further agrees to promptly deliver to the Landlord at its office all keys for the Leased Premises. (k) Notice of Casualty and Need for Repair: Give to the Landlord prompt written notice of any accident, fire, or damage occurring on or to the Leased Premises. Give to the Landlord prompt written notice of any condition of the Leased Premises Page 8 of 21 Sebastian Panthers Lease Agreement requiring repair or maintenance which the Landlord has agreed to take responsibility for under Paragraph 10. (1) ~: If the Tenant shall vacate or decide at any time during the Lease Term to vacate the Leased Premises prior to the expiration of this Lease Term, or any extension of the Lease, or if the Tenant shall cease for any period to be a not-for- profit corporation, or to utilize the Leased Premises as a recreation facility, this Lease shall immediately terminate without the necessity of any legal proceeding or other action on the part of the Landlord, and all right, title and interest in the leasehold created by this Lease shall revert and revest in the Landlord immediately and automatically. 9. Negative Covenants of Tenant: the Tenant covenants and agrees that it will do none of the following things without the consent in writing of the Landlord first had and obtained: (a) Use: Occupy the Leased Premises in any other manner or for any other purpose than as above set forth. (b) Assignment. etc.: Assign this Lease or hypothecate or mortgage the same or sublet the Leased Premises or any part hereof. Any assignment, transfer, hypothecation, mortgaging or subletting without the written consent of the Landlord shall be void ab initio. (c) Alterations and Improvements: Make any structural alterations, improvements, or additions to the Leased Premises, except as provided herein. All structural alterations, additions and improvements (except trade fixtures, furniture and equipment other than building equipment) which may be made or installed by the Tenant upon the Leased Premises shall upon the making or Page 9 of 21 Sebastian Panthers Lease Agreement installation thereof be and become a part of the Leased Premises and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease, unless the Landlord shall, prior to the termination of this Lease, have given written notice to the Tenant to remove the same in which event the Tenant will remove such alterations, improvements, and additions and restore the Leased Premises to the same good order and condition in which they now are. Should the Tenant fail so to do, collecting, at the Landlord's option, the cost and expense thereof from the Tenant as additional rent. (d) ~: Use or operate any machinery that, in the Landlord's opinion, is harmful to the Leased Premises or the buildings of which the Leased Premises is a part. (e) Weights: Place any weights in any portion of the Leased Premises beyond the safe carrying capacity of the structure. (f) Vacation: Vacate or desert the Leased Premises during the Lease Term, or permit the same to be empty and unoccupied without the permission of the Landlord. (g) Recordation: Record this Lease. If the Tenant violates this covenant, the Tenant hereby irrevocably authorizes, empowers and designates the Landlord as its lawful attorney for the purpose of having said Lease marked satisfied of record. (h) Encumbrances/Liens: Allow any mortgage, lien or other encumbrance or security interest to be created against or attached to the Leased Premises or any building or fixture located thereon. Page 10 of 21 Sebastian Panthers Lease Agreement 10. Obligations of Landlord: The Landlord covenants and agrees that it will without demand: (a) Maintenance and Repair: Keep the Leased Premises and all improvements erected thereon in good condition and repair, including the exterior and interior structures, the roof, all plumbing, heating and electrical systems, the field lighting, score boards, fencing, and announcers' stands. In addition, the Landlord agrees to keep in good condition and repair all common areas of the Leased Premises, including the parking lot, spectator areas and bleachers. The Landlord further agrees to maintain all grass areas of the Leased Premises, which duty shall include mowing, fertilizing, and operating an irrigation system. Provided, however, the Landlord shall have no obligation to repair any damage caused by Tenant or Tenant's members, guests, invitees, or agents. (b) Trash Removal: Remove from the Leased Premises all trash and garbage collected by the Tenant pursuant to its obligation under Paragraph 8 (c). 11. Landlord's Rights: The Tenant covenants and agrees that the Landlord shall have the right to do the following things and matters in and about the Leased Premises: (a) ~: At all reasonable times by its duly authorized agent to go upon and inspect the Leased Premises and every part thereof, and/or at its option to make repairs, alterations and additions to the Leased Premises. (b) Use of Leased Premises: Use the Leased Premises for any purpose from January 1 through June 30th each year, provided, however, that during this period the Tenant is relieved of performing its obligations under Paragraph 8. Page 11 of 21 Sebastian Panthers Lease Agreement 12. Responsibility of Tenant: The Landlord shall not in any event be responsible, and the Tenant hereby specifically assumes responsibility for any personal or bodily injury or death of any persons (including employees of the Tenant and the Landlord) and damage, destruction, or loss of use of any property, including the Leased Premises (except as specifically provided otherwise herein) occasioned by an event happening on or about the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6 (a), except if same results from the negligence of the Landlord, its agents, servants, or employees or from natural disasters or acts of God. The Tenant shall defend, indemnify and hold harmless the Landlord from and against any and all claims, demands, suits, damages, liability and costs (including attorney's fees and expenses) arising out of or in any manner connected with any act or omission, negligent or otherwise of the Tenant, third persons, or any of their agents, servants or employees which arise out of or are in any way connected with the maintenance, use, operation, or occupation of the Leased Premises during the period of time the Tenant has the exclusive right to use and enjoy the Leased Premises as set forth in Paragraph 6 (a), unless due to the negligence of the Landlord, its agents, servants or employees or natural disasters or acts of God. The Landlord shall promptly notify the Tenant of any claim asserted against the Landlord on account of any such injury or claimed injury to persons and property and shall promptly deliver to the Tenant the original or a true copy of any summons or other process, pleading or notice issued in any suit or other proceeding to assert or enforce any such claim. The Tenant shall have the right to defend any such suit with attorneys of its own selection and the Landlord shall have the right, if it sees fit, to Page 12 of 21 Sebastian Panthers Lease Agreement participate in such defense. It is further covenanted and agreed by the parties hereto that in no case shall the Landlord be liable under any expressed or implied covenant of this Lease for any damages whatsoever to the Tenant accruing after any act or breach of covenant for which damages may be sought to be recovered against the Landlord. The Tenant shall defend, indemnify and hold harmless the Landlord from claims, demands, suits, liability for damages for personal or bodily injury or death of any persons or damage or destruction of any property (including loss of use thereof) caused by or in any manner arising out of any breach, violation or nonperformance by the Tenant of any covenant, term or provision of this Lease. The Tenant shall promptly repair any damage to the premises caused by Tenant or Tenant's members, guests, agents, or invitees. 13. Damage to Leased Premises: In the event the Leased · Premises are damaged by fire or other casualty not occurring through the fault or negligence of the Tenant or those employed or acting for it, the parties hereto agree as follows: '(a) The Landlord shall be obligated to restore the Leased Premises if the insurance proceeds payable to the Landlord due to damage caused by fire or other casualty is sufficient to cover the costs of restoring the Leased Premises to their original condition. (b) In the event insurance proceeds payable to the Landlord are insufficient to cover the costs of restoring the Leased Premises to their original condition the Landlord may, at its option terminate the Lease. Page 13 of 21 Sebastian Panthers Lease Agreement (c) In the event the Landlord undertakes to restore the Leased Premises pursuant to subparagraph 13 (a) above, and as a result of the damage to the Leased Premises are rendered untenantable, the lease Term shall be extended for a period of time equal to the period of time the Leased Premises remain untenantabte. (d) The Landlord has let the Leased Premises in their present condition and without any representations on the part of the Landlord, its officers, employees, servants and/or agents. The Tenant hereby acknowledges that it has inspected the Leased Premises prior to executing this Lease and that it finds the Leased Premises to be in satisfactory condition. 14. Miscellaneous Agreements and Conditions: (a) Non-Waiver: The failure of either party to insist upon strict performance of any of the covenants or conditions to the Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such covenants or conditions of this Lease or option, but the same shall be and remain in full force and effect. (b) Accord and Satisfaction: No payment by the Tenant or receipt by the Landlord of a lesser amount than the rents herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement of statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and the Landlord may accept such check or payment without prejudice to the Landlord's right to recover the balance of such rent or pursue any other remedy herein. Page 14 of 21 Sebastian Panthers Lease Agreement 15. Remedies of Landlord: If the Tenant: (a) Does not pay in full when due any and all of the rent and/or any other charge or payment herein reserved, included, or agreed to be treated or collected as rent and/or any other charge, expense, or cost herein agreed to be paid to the Landlord; or (b) Violates or fails to perform or otherwise breaks any covenant or agreement herein contained; or (c) Vacates the Leased Premises or removes or attempts to remove or manifests an intention to remove any goods or property therefrom otherwise than in the ordinary and usual course of business without having first paid and satisfied the Landlord in full for all rent and other charges then due or that may thereafter become due until the expiration of the then current term: Then and in any of said events, there shall be deemed to be a breach of this Lease, and thereupon the Landlord shall have the following rights: (1) To re-enter the Leased Premises and remove all persons and all or any property therefrom, either by summary dispossession proceedings or by any suitable action or proceeding at law, and repossess and enjoy the Leased Premises, together with all alterations, fixtures, signs and other installations of the Tenant. Upon recovering possession of the Leased Premises by reason of or based upon or arising out of a default on the part of the Tenant this Lease shall terminate. (2) To terminate this Lease and the term hereby created without any right on the part of the Tenant to waive the Page 15 of 21 Sebastian Panthers Lease Agreement forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken. Whereupon the Landlord shall be entitled to recover, any and all sums due for rent, including additions to rents and damages for violation of the Tenant's obligations hereunder in existence at the time of such termination. 16. Right of Injunctive Relief: In the event of a breach or threatened breach by either party of any of the covenants or provisions hereof, the non-breaching party shall have the right of injunction and the right to invoke any remedy allowed at law or in equity as if re-entry, summary proceedings and other remedies were not herein provided for. 17. Rights Not Exclusive: No right or remedy herein conferred upon or reserved to either party is intended to be exclusive of any other right or remedy herein or by law provided but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity or by statute. 18. Right of Assignee of Landlord: The right to pursue the remedies herein provided against the Tenant and to enforce all of the other provisions of this Lease may, at the option of any assignee of this Lease, be exercised by any assignee of the Landlord's right, title and interest in this Lease in its own name, any 'statute, rule of court, custom, or practice to the contrary notwithstanding. 19. Remedies Cumulative: Ail of the remedies hereinbefore given to either party and all rights and remedies given to them by law and equity shall be cumulative and concurrent. No termination of this Lease or the taking or recovering the Leased Premises shall Page 16 of 21 Sebastian Panthers Lease Agreement deprive the Landlord of any of its remedies or actions against the Tenant for rent or sums due as if there has been no termination; nor shall the bringing of any action for rent or breach of covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the premises. 20. Eminent Domain: (a) If all or any part of the Leased Premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the land, the building(s) and/or improvements on the Leased Premises shall belong to the Landlord. Provided, however, that the Tenant shall be entitled to receive the compensation or proceeds awarded for the taking of the leasehold interest resulting from the institution of eminent domain proceedings. Nothing herein shall prevent the Landlord from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. (b) In the event the condemnation or taking is to such an extent that it is impracticable for the Tenant to continue its operations on the Leased Premises, this Lease shall terminate. 21. ~entity of Interest: The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of a Landlord and a Tenant. 22. Notices and Reports: Any notice, report, statement, approval, consent, designation, demand or request to be given and Page 17 of 21 Sebastian Panthers Lease Agreement 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: City of Sebastian Attention: City Manager 1225 Main Street Sebastian, F1 32958 Tenant: Sebastian Panthers, Inc. Attention: Guy Tibbets, President 116 LaPlaya Lane Sebastian, F1 32958 provided, however, that either party may designate a different address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at the address listed above. 23. Nondiscrimination: The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, age, race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ii)'that in the construction of any improvements on, over or under the Leased Premises and the furnishing of services thereon, no person on the grounds of religion, gender, age, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to Page 18 of 21 Sebastian Panthers Lease Agreement discrimination. This provision is not intended to modify or preclude the Tenant from enforcing any of its rules or regulations concerning age requirements or limitations with respect to participation in its programs. 24. Warranties: The Landlord warrants that the Landlord has full power to execute this Lease and that it will warrant and defend the leasehold interest created hereby against all parties whomsoever and that the Tenant, upon observing and complying with the terms, covenants and conditions of this Lease shall enjoy the use and occupancy of the Leased Premises during the Lease Term. 25. Headings No Part of Lease: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease nor shall they affect its meaning, construction or effect. 26. Severability: If a provision of this Lease Agreement is held invalid, it is hereby agreed that all valid provisions that are severable from the invalid provision remain in effect. If a provision in this Lease Agreement is held invalid in one or more of its applications, the provision remains in effect in all applications. 27. Lease Contains Ail Agreements: It is expressly understood and agreed by and between the parties hereto that this Lease, including the Exhibit, sets forth all the promises, agreements, and conditions or understandings between the Landlord and the Tenant relative to the Leased Premises, and that there are no promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. It is further understood and agreed that, except as herein otherwise provided, no Page 19 of 21 Sebastian Panthers Lease Agreement subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Landlord or the Tenant unless reduced to writing and signed by them. 28. Heirs and Assignees: Ail rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators, successors and assigns of said parties; and if there shall be more than one Tenant, they shall all be bound jointly and severally by the terms, covenants and agreements herein, and the word "Tenant" shall be deemed and taken to mean each and every person or party mentioned as a Tenant herein, be the same one or more; and if there shall be more than one Tenant, any notice required or permitted by the terms of this Lease may be given by or to any one thereof, and shall have the same force and effect as if given by or to all thereof. The words "his" and "him" or "its" wherever stated herein, shall be deemed to refer to the "Landlord" or the "Tenant" whether such Landlord or Tenant be singular or plural and irrespective of gender. No rights, however, shall inure to the benefit of any assignee of the Tenant unless the assignment to such assignee has been approved by the Landlord in writing as aforesaid. 29. Tenant Forbidden to Encumber Leased Premises: It is expressly agreed and understood between the parties hereto that nothing in this Lease Agreement shall ever be construed as empowering the Tenant to encumber or cause to be encumbered the Leased Premises in any manner whatsoever. In the event that regardless of this prohibition any person furnishing or claiming to have furnished labor and materials at the request of the Tenant, or any person claiming by, through or under the Tenant, shall file a lien against the Leased Premises, Tenant shall, within thirty (30) days after being notified thereof, cause such lien to be satisfied Page 20 of 21 Sebastian Panthers Lease Agreement of record or cause the Leased Premises to be released therefrom by the posting of a bond or other security as prescribed by law, or shall cause same to be discharged as a lien against the Leased Premises by an order of a court having jurisdiction to discharge such lien. In the event the lien is not discharged as required above, Landlord may advance funds necessary to discharge the lien and recover any amounts so paid from Tenant. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Attest: Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) Approved as to form and content: City Attorney Attest: Corporate Secretary CITY OF SEBASTIAN Arthur Firtion, Mayor SEBASTIAN PANTHERS, INC. Guy/Tib~ets, President (corporate seal) Page 21 of 21 Sebastian Panthers Lease Agreement T~L~? ADDENDUM This Addendum is made and entered into this //'~ day of ~j-~C~j~ , 1997, between the City of Sebastian, Florida, a Florida municipal corporation whose principal office is located at 1225 Main Street, Sebastian, Indian River County, Florida 32958, parties of the first part (hereinafter referred to as "Landlord") and the Sebastian Panthers, Inc., a Florida non for profit corporation, parties of the second part (hereinafter referred to as "Tenant"). W~EREAS, the Landlord and Tenant (collectively, "Parties") have agreed to amend the Lease Agreement entered into on the 6th day of December, 1995, between the City of Sebastian, Florida and the Sebastian Panthers, Inc., for real property located at the Barber Street Sports Complex, NOW THEReFORe, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Paragraph 8 (e) of the Lease Agreement is hereby amended to read as follows: (e) Signs: The Tenant shall not erect or maintain any sign or signs on the Leased Premises of a commercial or private advertising nature, except that, with the consent of the City Manager, the Tenant may erect a scoreboard with an adverting logo on condition that the same is donated by the sponsoring vendor at no cost to the Sebastian Panthers, Inc., and at no cost to the City of Sebastian, and further provided that the advertising on the scoreboard in no way advertises or promotes the use of tobacco or alcoholic products or brand names. IN WITNESS WHEREOF, the Parties of this Addendum to the Lease Agreement have set their hands and seals hereto on the day and year first above written. ATTEST: Kath~yn M.! O'Hall6ra~, CMC/AAE, City Clerk THE CITY OF SEBASTIAN (Landlord) Name: Walter W. Barnes Title: Mayor ( SEAL ) SEBASTIAN PANTHERS, INC. /~'Te~%nt) Title: Approved as to legal form and content: Valerie F. Settles, City Attorney Terrance Moore From: Sent: To: Cc: Subject: David Fisher Thursday, March 20, 2003 10:52 AM Terrance Moore Terry Hill Parks Projects Utilizing Public Works Crews Terrence -- Further to our conversation earlier this morning, we are moving ahead with the utilization of Public Works crews to start land clearing and grading for the parks on George Street and Filbert Street. As outlined in the attached memo, this approach can save the City considerable time and money and allow more funds to be allocated to parks equipment and features. We are also moving ahead in the same manner with the auxiliary parking at the Barber Steet Sports Complex. There we are waiting for our SJRWMD permit before doing the clearing and grading. See attached memo for further details. -- Dave Fisher Status Memo - 14MarO3.doc Terrance Moore From: Terry Hill Sent: Thursday, March 20, 2003 12:12 PM To: Terrance Moore Subject: U.S. I project On Monday Dave Fisher, Jerry Converse, Chris McCarthy and myself met with representatives from Ranger Construction Inc. and the Florida Department of Transportation to discuss the improvements to the intersection of U.S.1 and C.R. 512 westbound. The origanal plan was to remove the new bulb out and narrow the center median two feet, than restripe and create a turning lane with a center island on C.R. 512. After some dicussion it was determined that the project would ac only to place the island at the entrance of C.R. 512 and to grind offthe stripes on U.S. 1 than overlay and restripe it. It was determined that a turning lane could be installed in the existing width of pavement without any problems.