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Home My WebLink About2015 Facility Use AgreementFACILITY USE AGREEMENT between the CITY OF SEBASTIAN and the INDIAN RIVER LAGOON COUNCIL The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this agreement as "Owner", hereby agrees to provide to the INDIAN RIVER LAGOON COUNCIL, a public agency, referred to as "Tenant", office and administrative space at the "Historic Old Sebastian Elementary School," located at the Sebastian City Hall Complex as described below within PREMISES, referred to as "the Premises", being in the County of Indian River, State of Florida. This document contains four (4) pages. The parties agree to be legally bound as follows: I. TERM AND OCCUPATION The term of this Agreement shall be for an initial period of five (5) years commencing at 12:00 A.M. on 01 November 2015, and the agreement shall automatically renew on the anniversary date thereof, unless either parry gives the other written notice, no less than, ninety (90) days before any such anniversary, of its intent to cancel the agreement. II. PREMISES The premises are located at 1235 Main Street, Sebastian, Florida, in the spaces previously occupied by the City's Finance Department, to the east of the main entrance. The premise includes first floor office space of approximately one thousand (1,000) square feet, more or less. The Owner agrees to placement of the Tenant's name on the existing exterior sign on the front of the property. III. RENT Tenant agrees to pay the Owner as rent for the use and occupancy of the Premises as follows: Year 1: zero rent charge Year 2: $2.00 per sgft/yr Year 3: $2.25 per sgft/yr Year 4&5: $2.50 per sgft/yr It is understood that all rent payments are payable monthly on the 15` day of each month during the term of this agreement and any renewal hereof, and are subject to Florida Sales tax. The rent shall increase consistent with Consumer Price Index (CPI) increases from time -to -time. A flat utility charge will be levied monthly to cover the cost of water, sewer, and electricity attributable to the premises. After occupancy, the City's 1 Finance Department will track utility usage over a three (3) month period to determine a fair monthly charge. IV. USE OF PREMISES The premises shall be used by Tenant for office space and conference rooms associated with its mission and directives, including such ancillary use of space as is typically associated therewith and for no other use or uses without the express written consent of Owner. Tenant shall not commit or permit the commission of any acts on the premises, or use or 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) constitute the commission of waste on the premises or the commission or maintenance of a nuisance. Tenant will be solely responsible for installing, and maintaining, telephone, television, communications, computer/internet service and other devices necessary to utilize technological tools. Tenant shall be responsible for all fees and charges incurred to service providers associated with these technological tools. V. ASSIGNMENT Tenant may not assign or otherwise transfer rights in this Agreement without the prior express written consent of Owner. VI. SURRENDER OF PREMISES Tenant shall leave the premises in as good condition as they were at the time of occupation by Tenant, reasonable wear and tear excepted. VII. 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 Owner shall have no responsibility or obligation to make any expenditure toward the repair and/or replacement of the building and other improvements on the Premises. Owner, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the Agreement. In the event repairs to the Premises are undertaken and it is reasonably anticipated that it shall take more than thirty (30) days to complete the same, either party may elect to terminate the Agreement without further obligation. z VII. ALTERATIONS Tenant shall not make or permit any other person to make alterations to the Premises without the prior written consent of Owner. Any alterations to the Premises by Tenant shall be made at the sole cost and expense of Tenant. Any and all alterations or improvements made to the Premises shall on expiration or sooner termination of this Agreement become the property of Tenant. IX. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Tenant 30 days after this Agreement's expiration, or sooner termination, regardless of cause, shall be deemed abandoned by Tenant and shall automatically become the property of Owner as owner of the real property to which they are affixed. X. ACTS CONSTITUTING BREACHES BY TENANT Tenant shall be guilty of a material default and breach of this Agreement should Tenant: (a) default in the performance of or breach any provision, covenant, or condition of this Agreement and such default or breach is not cured within thirty (30) days after written notice thereof is given by Owner to Tenant; or (b) abandon the premises before expiration of the term of this Agreement. XI. REMEDIES FOR DEFAULT Communication between parties is encouraged to resolve all problems. Should either party be guilty of a material default and breach of this Agreement as defined in this Agreement, that party shall have available the remedies given by law or equity, and a non -defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting parry. The parties waive the right to trial by jury of all issues so triable. XI. WAIVER OF BREACH The waiver by Owner of any breach by Tenant of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Tenant either of the same or another provision of this Agreement. 3 XII. 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 Agreement shall be effective only when made in writing and hand delivered (or mailed by U.S. mail or certified mail with postage prepaid) to the other parry at the address given below: Owner: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Indian River Lagoon Council 1235 Main Street Sebastian, FL 32958 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 this 14a' day of October 2015, at Sebastian, Florida. ATTEST: De p �x+y c f4y C -FV.-Sally A. Maio, MMC -City Clerk Approved as to Form and Legality for Reliance by the city yof Sebastian only: Robert A. Ginsburg City of Sebastian A Municipal Corporation Joseph F. Griffin City Manager The Indian River Lagoon Council 4 An De Freese City Attorney Executive Director 4