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HomeMy WebLinkAboutR-01-76 r ~ & 1 RESOLUTION NO. R-Ol- 7 6 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 RESOL YED ,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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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 aye Councilmember Joe Barczyk aye Councilmember Edward J. Majcher, Jr. aye Councilmember James Hill aye Councilmember Ray Coniglio aye , , . The Mayor thereupon declared this Resolution duly passed and adopted this 24th day of October, 2001. CITY OF SEBASTIAN, FLORIDA By: -[A ) tJl"MA ~a )..~ Mayor Walter Barnes ATTEST: . -- Approved as to form and legality for reliance by the City of Sebastian only: ,J~I~ Rich Stringer, City Att ney 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, lNe., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as the "Premises", lying and being in the county ofIndian 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 AM. on the 1 st day of November, 2001 and ending October 31, 2051. The parties shall renegotiate for an extension of the lease tenn upon a commitment by Lessee to undertake a major renovation of the facility during the life of the Lease. II. 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 satisty 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 pennit the use of the Premises in any way that: (a) violates or confliGis 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 cOlllinission 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 tIus lease or the subletting by Lessee of the Premises shall not be unreasonably witW1eld. VI. MAINTENANCE AND REPAIRS Lessee shall, at all times during the telm 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 linuting the generality of the other tenns 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 tins 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 AM. 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 fmID 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 $],000,000 for injUlY to or death of two or more persons as a result of anyone 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 itmnunity provisions oflaw for the occurrences described itl 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 repairedlreplaced in a manner equal to or better than the building/improvement being repaired or replaced. (b) In the event the T el1ant, 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 mbble 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. XU. 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. XUl. INSIJECTION 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 tillS lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the Premises under tills lease. XIV. ACTS CONSTITUI1NG BREACflES BY LESSEE Lessee shall be guilty of a matelial default and breach of tills 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 tllllty 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 hy law or equity, may terminat~ Lessee's right to possession of the Premises and recover and regain possession of the Premises in the maImer provided by the laws of the State of Florida. XVI. W AlVER 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. XVII. 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. XVIII. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the Premises by Lessee 30 days after this lease's expiration or sooner tennination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the propetty of Landlord as owner of the real property to which they are affixed XLX. INDEMNITY Lessee shall indemnify and hold Landlord and the property of Landlord, including the Premises, free and harmless fi-om any and all liability, claims, loss, damages or expenses, including counsel fees and court costs, arising by reason of the death or iqjury 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 oflndian River, Inc. P.O. Box 3068 Vera Beach, FL 32964 Attn: Executive Director provided, however, that either patty may designate a different representative or address from time to time by giving to the other party notice in writing of the change. . . ]~XECUTED on thitx'~day of October, 2001, at Sebastian, Florida. ATTEST: (J~~({ur1tta..' '. [Ud1u1r;w , &pL~J ~~f C)!j_/Uc Sally A~, CMC City Clerk CITY OF SEBASTIAN /~ Muni~!'pjll Corpof~.tion . "'.-'-1 /1 . / '/1 VJ By: A~.,;7 t;~. '-"(errenl'fe R. Moore, City Manager Approved as te Form r!nd Legality for Reliance by the City of Sebastian only: :e. ~_., ,,/" '~..;. \ cl ' / '----. Rich Stringer, City At rney~-' BOYS AND GIRLS CLUB OF lNDIAN RIVER COUNTY, lNC., a Florida non-profit corporation, By: Its: , (irJij {Seal} ~ . ,l EXHIBIT "A" .. B~L SIC LL U .. EDWARDS SlREET SOCCER FIELD -I r.ll1.Rf ntV'E"!,rp;<<'ff)tlr o EXISTDIIi IiOIIVTH _ .... JUIUIIIIi IIENIITIENIS D r--- In i I I I ~__J 1-IDr~D JEPMT1IfTS ~ ~~ -~,--- JI .~- L EXI$llJG CITY WILL .---- ---- o I- W W ~ ~ 5 4 3 Ul o c:: () 2 1 EXlSlltli PII.JCE lIEPMTIENT MAIN SlREET ,r )-1 ~