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Home My WebLink AboutLEASE AGREEMENT- C1(o-o'l-_]Ga, JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 0 4179078 041122016 al 03.20 PM OR BOOK 3856 PAGE 1567- 1576 DacTypn AGR SCANNED RECORDING 58650 B St. Lucie County LEASEAGREEMENT //�� \\`` THIS LEASE is made and entered into this �-_ day of _ a .i 1 1_1( 2016, by and between St. Lucie County (the "County") a political subdivision of the Stafelof Florida, and Beach Club Colony on the ocean, Inc. (the "Lessee"), a Florida non-profit organization. WHEREAS, the County is the owner of certain real property located at the site of the old wastewater treatment plant in Beach Club Colony; and WHEREAS, Lessee is interested in utilizing the property for recreational activities; and WHEREAS, Lessee and the County desire to enter into an agreement to make the subject property available to Lessee for recreational activities; and WHEREAS, the Site is not currently needed for County operations. ARTICLE 1 1.01 Term. The County, hereby leases to the Lessee for a term of twenty-five (25) years, the Site described in Article 2.01 below for recreational use of the Site noted herein, hereafter called the "Site". 1.02 Protect Manager. The Project Manager for the County is Laurie Waidie or designee at (772) 462-1150. The Project Manager for the Lessee is 13o 6 I-) Op? Y at 7 71 '{ o R i 3 7 l ARTICLE GAnyOKseAdrAe a110,Ic4Sr.nf7T 2.01 Site Description. A sketch and description of the area of the old wastewater treatment plant in Beach Club Colony (the "site") showing the location for the Site leased to the Lessee under this Lease is attached hereto and made a pan hereof as Exhibit "A". ARTICLE 3 3.02 Lessee Responsibility. The Lessee or its subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Lease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Lessee, its employees, agents, members, officers, subcontractors, or assigns, during or after the performance of this Lease. ARTICLE 4 4.01 Compensation. Lessee shall pay an annual rental of ten ($10.00) dollars to the County for lease of the Site described above in Article 3.01. 4.02 Trash Removal. Lessee shall ensure that all trash and garbage is properly placed in trash containers prior to leaving the Site. Lessee shall ensure there are adequate receptacles and bags for removal of canine fecal matter. 5:�ATTy1AOREEMNTSLEASE/BeachClubColony 16 -1- LEASE AGREEMENT THIS LEASE is made and entered into this day of �s�A✓%1� 2016, by and between St. Lucie County (the "County") a political subdivision of the State of Florida, and Beach Club Colony on the Ocean, Inc. (the "Lessee"), a Florida non-profit organization. WHEREAS, the County is the owner of certain real property located at the site of the old wastewater treatment plant in Beach Club Colony; and WHEREAS, Lessee is interested in utilizing the property for recreational activities; and WHEREAS, Lessee and the County desire to enter into an agreement to make the subject property available to Lessee for recreational activities; and WHEREAS, the Site is not currently needed for County operations. ARTICLE 1 1.01 Term. The County, hereby leases to the Lessee for a term of twenty-five (25) years, the Site described in Article 2.01 below for recreational use of the Site noted herein, hereafter called the "Site". 1.02 Protect Manager. The Project Manager for the County is Laurie Waldie or designee at (772) 462-1150. The Project Manager for the Lessee is 'u.k n o vJ p t -7 9 2 - iJ20. z o z r ARTICLE i�4`lVA6`1A y%e®Cri crrsl.Y>v-T- 2.01 Site Description. A sketch and description of the area of the old wastewater treatment plant in Beach Club Colony (the "Site") showing the location for the Site leased to the Lessee under this Lease is attached hereto and made a part hereof as Exhibit "A". ARTICLE 3 3.01 Lessee Responsibility. The Lessee or its subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Lease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Lessee, its employees, agents, members, officers, subcontractors, or assigns, during or after the performance of this Lease. ARTICLE 4 4.01 Compensation. Lessee shall pay an annual rental of ten ($10.00) dollars to the County for lease of the Site described above in Article 3.01. 4.02 Trash Removal. Lessee shall ensure that all trash and garbage is properly placed in trash containers prior to leaving the Site. Lessee shall ensure there are adequate receptacles and bags for removal of canine fecal matter. S:VUTY(AGREEMNTXLEASE/ReachClubColony16 -1- RESOLUTION 16-53 A RESOLUTION ALLOWING THE BEACH CLUB COLONY ON THE OCEAN, INC., A NOT FOR PROFIT CORPORATION, THE USE OF SPACE AT THE OLD WASTEWATER TREATMENT PLANT IN BEACH CLUB COLONY FOR RECREATIONAL ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The Beach Club Colony on the Ocean, Inc., a not for profit organization (the "Colony'), has requested the use of space at the old wastewater treatment plant in Beach Club Colony (the "Site") for the operation of recreational activities; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for County purposes, the Board can allow the use of such property; and WHEREAS, the Colony and the County desire to make the subject Site available to the Colony for the operation of recreational activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to Colony to use the Site for the operation of recreational activities. A sketch and description showing the location of the Site leased to the Colony is attached hereto and made a part hereof as Exhibit "A." 2. The term of this use shall begin retroactively from March 1, 2014 and continue for a term of twenty-five (25) years, unless otherwise terminated. ATTEST: After motion and second, the vote on this resolution was as follows: Commissioner Kim Johnson, Chairman AYE Commissioner Chris Dzadovsky, Vice Chairman AYE Commissioner Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 5 day of April 2016. BOARD OF ST. LUCIE C C APPROVED ASJfO FORM AND CORRECTNESS: 1 BY: County Attorney The Lessee shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing slate law for any prospective business association, interest or other circumstance that may influence or appear to influence the Lessee's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Lessee may undertake and request an opinion of the County whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered by the Lessee. The County agrees to notify the Lessee of its opinion by certified mail within thirty (30) days of receipt of notification by the Lessee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Lessee, the County shall so state in the notification and the Lessee shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the under the terms of this Lease. ARTICLE 28 28.01 Mediation. In the event of a dispute between the parties in connection with this Lease, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument Introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed by their appropriate officials, of the dale first above written. ATTESTT: DEPUTY CLERK WI NESSES: � SecRr� 2 5:\AM\AGREEMNT\LEASE/Bea:hClubColony 16 BOARD OF ST. LUCIEL APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BEACH CLUB COLONY ON THE OCEAN, INC. Print:_13016 -I—OVIL" Title: � f sL S le f, ( B C, (_ U (() 7 r?C