SPECIAL CALL CITY COUNCIL MEETING MONDAY, AUGUST 26, 2019 5:15 P.M.

CITY HALL, COUNCIL CHAMBERS, VERO BEACH, FLORIDA

A G E N D A

1. CALL TO ORDER

A) Roll Call

2. PRELIMINARY MATTERS

A) Discussion of Agreement for Consent to Sublease between the City of Vero Beach and The Friends of the Vero Beach Dog Exercise Area, Inc.

B) Public Comment

3. ADJOURNMENT

This is a Public Meeting. If a person decides to appeal a decision made by the Council with respect to any reviewable matter considered at such meeting, he or she will need a record of the proceedings, and for such purpose, he or she is responsible for ensuring that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Anyone who needs a special accommodation for this meeting may contact the City’s Americans with Disabilities Act (ADA) Coordinator at 978-4920 at least 48 hours in advance of the meeting.

AGREEMENT FOR CONSENT TO SUBLEASE

THIS CONSENT TO SUBLEASE ("Consent") is entered into as of the __ day of 2019 ("Effective Date"), by and between the CITY OF VERO BEACH, a

Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389 ("LANDLORD"); THE FRIENDS OF THE VERO BEACH DOG EXERCISE AREA, INC., a Florida non profit corporation, whose mailing address is 505 Beachland Blvd, Suite 1-24, Vero Beach, Florida, 32963 ("TENANT11

); and FLORIDA POWER & LIGHT COMPANY (FPL) , a Florida corporation whose mailing address is ("SUBTENANT"). LANDLORD, TENANT and SUBTENANT may also be referred to herein individually as a "party" or collectively as the "parties."

WHEREAS, LANDLORD and TENANT. entered into that certain Lease Agreement dated March 15, 2014, amended by the First Amendment to Lease Agreement dated March 5, 2019, (collectively "Lease") by which Landlord leased to TENANT that certain real property generally referred to as "Dog Park" and more particularly described and depicted in Exhibit A of said Lease Agreement, ("Leased Premises"); and

WHEREAS, the Lease provides that TENANT shall not assign, sublease, hypothecate, or transfer any interest or portion of the Leased Premises without the express written consent of LANDLORD; and

WHEREAS, TENANT desires to sublease a portion of the Leased Premises to SUBTENANT for commercial activity purposes pursuant to the sublease agreement attached hereto and incorporated herein as Exhibit "A" ("Sublease"),

NOW, THEREFORE, in consideration of the covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. CONSENT. LANDLORD consents to the Sublease by TENANT to SUBTENANT of certain portions of the Leased Premises identified in the Sublease subject to the conditions listed herein.

2. LEASED PREMISES. The portion of the Leased Premises authorized to be subleased by TENANT to the SUBTENANT shall be as described in the Sublease. No other or additional portion or part of the Leased Premises shall be subleased to SUBTENANT or any other person or entity without first obtaining written approval of LANDLORD, in its sole discretion.

3. TERM AND TERMINATION. LANDLORD'S consent granted herein shall terminate the earlier of: (i) the date the above-referenced Lease between LANDLORD and TENANT terminates, or; (ii) the date the Sublease between TENANT and SUBTENANT terminates.

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4. SUBORDINATE TO LEASE. The Sublease by and between TENANT and SUBTENANT is and shall be subordinate and subject to all terms and conditions of the Lease between LANDLORD and TENANT and, except as stated otherwise herein or in a subsequent written agreement signed by all parties hereto, SUBTENANT shall comply with all applicable terms and conditions set forth in the Lease between LANDLORD and TENANT as fully as if SUBTENANT were an original signatory thereto. In no event shall the scope of SUBTENANT'S activities on the Leased Premises exceed those permitted to be undertaken by TENANT except as stated herein or as may be later approved in writing by LANDLORD.

5. COMPLIANCE. TENANT shall be responsible for enforcement of compliance by SUBTENANT with the terms and conditions of the Sublease, the Lease, and this Consent. TENANT and SUBTENANT shall be responsible for obtaining all necessary permits or approvals, including but not limited to those associated with any change in use resulting from the Sublease. Notwithstanding this Consent as granted herein ( or any future or replacement sublease), TENANT shall remain bound to LANDLORD for the performance of all obligations under the Lease between LANDLORD and TENANT, including the full payment of all rent, taxes, and fees, for the entire Leased Premises, and which rent, taxes, and fees shall not in any way be diminished or prorated due to this Sublease or any other sublease, subtenant, suboperator, or submanagement.

6. DEFAULT. In the event of a default by SUBTENANT of any term or condition thereof, TENANT shall be responsible for either promptly correcting the default or promptly causing correction by SUBTENANT. In the alternative, TENANT shall promptly proceed against SUBTENANT, including the institution of any necessary legal proceedings, to cure the default and/or retake possession of the subleased portion of the Leased Premises pursuant to the Florida Landlord Tenant Act as it applies to commercial leaseholds. LANDLORD retains the right and sole discretion to terminate this Consent and revoke the authorization for the Sublease granted hereunder if the default of any term or condition of the Lease or this Consent by SUBTENANT is not cured within fifteen (15) days of the date of LANDLORD sending written notice of such default to TENANT and SUBTENANT in the manner provided in the Lease. Failure of TENANT to cure or cause the cure of any default by SUBTENANT, or TENANT'S failure to otherwise comply with any condition of this Consent, shall be deemed a material breach of the Lease by TENANT.

IN WITNESS WHEREOF, the parties have executed this Consent as of the dates entered below and each party's respective signatory whose signature appears below hereby warrants and represents that such signatory has been and is on the date of execution of this Consent duly authorized to execute this Consent on behalf of and to bind their respective party.

SIGNATURE PAGES FOLLOW

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TENANT:

WI1NESSED BY: THE FRIENDS OF THE VERO BEACH DOG EXERCISE AREA, INC.

Sign:.___________ By:

Print: Robert J. Joy, President

Sign: ___________

[SEAL]

STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was acknowledged before me this __ day of _____ 2019, by, ROBERT J. JOY as President of THE FRIENDS OF THE VERO BEACH DOG EXERCISE AREA, INC.. He 1s personally known to me or produced

as identification and did/did not take an oath.

NOTARY PUBLIC: ·

Name: Commission No. My Commission Expires:

SIGNATURES CONTINUE ON FOLLOWING PAGE

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WITNESSED BY: SUBTENANT:

FLORIDA POWER & LIGHT COMP ANY (FPL)

Sign:___________ By:

Print: Timothy Oliver Vice President of Corporate Real Estate

Sign: ___________

Print: -----------

[SEAL]

STATE OF FLORIDA COUNTY OF INDIAN RIVER

The foregoing instrument was acknowledged before me this __ day of _________ 2019, by Timothy Oliver, Vice President of Corporate Real Estate for FLORIDA POWER & LIGHT COMPANY (FPL). He is personally known to me or produced

as identification and did/did not take an oath.

NOTARY PUBLIC:

Name: Commission No. My Commission Expires:

SIGNATURES CONTINUE ON FOLLOWING PAGE

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ATTEST: LANDLORD:

CITY OF VERO BEACH

By: Tammy K. Bursick ValZudans City Clerk Mayor

[SEAL]

ADMINISTRATIVE REVIEW (For Internal Use Only-Sec. 2-77 COVB Code)

Approved as to form Approved as conforming to and legal sufficiency: municipal policy:

John S. Turner Date Monte K. Falls, P .E. Date City Attorney City Manager

Approved as to technical Approved as to technical requirements: requirements:

Cynthia D. Lawson Date Finance Director

N:\Client Docs\Marina\Leases\Alliance Sublease\Consent to Sublease 2.8.18 SB

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Property Description Dog Park-FP&L Sublease

Bob Summers Park August22,2019

EXHIBIT "A" PROPERTY DESCRIPTION

DOG PARK-FP&L SUBLEASE AREA BOB SUMMERS PARK

PARCEL# 32-40-31-00000-0020-00001.0

Situated in the State of Florida, County of Indian River, City of Vero Beach, and being a part of Government Lot 2, Section 31, Township 32 South, Range 40 East and being more particularly bounded and described as follows:

That part of the south 634 feet of the north 684 feet of Government Lot 2, Section 31-32-40 lying west of Indian River Drive East and east of the top of bank of the Indian River described as follows:;

Commencing at the intersection of the south line of the north 684 feet of Government Lot 2, Section 31-32-40 and the west right of way line of Indian River Drive East;

Thence run South 89°38'31" West along said south line of the north 684 feet of Government Lot 2, for a distance of 435.00 feet;

Thence North 00°03'28" West for a distance of 157.00 feet to the Point of Beginning of the subject sublease parcel;

Thence continue North 00°03'28" West for a distance of 60.00 feet;

Thence South 89°56'32" West for a distance of 25.00 feet;

Thence South 00°03'28" East for a distance of 46.02 feet;

Thence South 45°35'47" West for a distance of 220.53 feet;

Thence South 44°24'13" West for a distance of 10.00 feet;

Thence North 45°35'47" East for a distance of 210.75 feet;

Thence North 89°56'32" East for a distance of 25.00 feet to the Point of Beginning;

Said sublease area containing 3,656 square feet more or less.

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ALEX MACWILLIAM BOAT BASIN PARK

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BOB SUMMERS PARK RESOULTION 1933, 10-3-1967) (FIELD ONLY, 2.4 ACRES±)

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POINT OF COMMENCEMENT (INTX SOUTH LINE OF N 684' GOVERNMENT LOT 2

AND WEST RIGHT OF WAY OF INIDIAN RIVER DRIVE EAST)

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THIS SKETCH IS NOT A SURVEY

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Cl TY OF VERO BEACH EXHIBIT A CITY PROJECT NO.

DEPARTMENT OF PUBLIC WORKS

SURVEY & ENGINEERING DIVISION

SKETCH OF PROPERTY DESCRIPTION VERO BEACH DOG PARK FP&L SUBLEASE AREA

2012-17 DA TE DRWN BY CHKD BY ""° 08/2019 DG MTM

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SKETCH OF PROPERTY DESCRIPTION OVERVIEW DA1ECITY PROJECT NO. I DRWN.BYVERO BEACH DOG PARKDEPARTMENT OF PUBLIC WORKS 2012-17

DATE I DRWN BY I CHKD BY !DESCRIPTIONFP&L SUBLEASE AREASURVEY & ENGINEERING DIVISION 08/20191 DG I MTM