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Chamber of Commerce Initial Lease LEASE AGREEMENT THIS AGREEMENT entered into this 24th day of March 2012 between CITY OF OKEECHOBEE, FLORIDA (hereinafter"CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, (hereinafter "CHAMBER"). WITNESSETH: That the City of Okeechobee, Florida owns certain real property, building and improvements thereon at 55 S Parrott Avenue, which the City desires to lease for a public or not-for-profit use. That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the Landlord does hereby lease to the CHAMBER the real property located in Okeechobee County, Florida, and more particularly identified as: Structure and improvements consisting of 2500 sq. ft. office building "Chamber Building" located at: 55 S. Parrott Avenue Okeechobee, FL 34974 TERMS AND CONDITIONS PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce and for no other purpose. As such, the mission, purpose and activities of the CHAMBER would include the following: 1. The CHAMBER is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting the City of Okeechobee, and Okeechobee County to business interests, tourists, visitors, and the public. 2. The goal of the CHAMBER includes increasing visibility of Okeechobee around the state and country; to attract tourism, business development and industry to the City; to plan and organize events to improve the quality of life in Okeechobee and to promote and maintain the beauty and desirability of the area. 3. Included in the general mission and goals of the CHAMBER would be to perform all those activities expected of a traditional and viable chamber of commerce. While the means and efforts used by the CHAMBER to accomplish its goals are within 1 I the discretion of that organization, the chamber has historically sponsored, promoted, or assisted in certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; Fourth of July celebration; National Day of the American Cowboy, and similar events that are designed to attract citizens, tourists, and business to the City of Okeechobee. 4. That at all times during the terms of the lease the CHAMBER shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the Division of Corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity. TERM: The term hereof shall commence on the 1st day of April, 2012, and continue monthly for an initial term of five (5) years, to March 31, 2017, unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. RIGHT OF RENEWAL: The CHAMBER is granted first option to renew the term of this lease. The CITY shall not attempt to lease the premises to another entity without first negotiating a renewal lease with the CHAMBER. The CHAMBER shall provide notice of intent to renew the lease by a writing delivered to the CITY at least sixty (60) days prior to the end of the lease term. The rental term may be extended beyond this initial term upon further written agreement and terms as may be determined by the parties, and the CITY reserves the right upon any renewal or renegotiation to make amendments to the terms of the lease, including but not limited to its length, rental amount, or such other term as the CITY deems as in its best interests. The lease renewal granted to CHAMBER shall not be unreasonably withheld by the CITY, unless the CHAMBER is in material breach of the lease terms, or dissolution of the CHAMBER by the State of Florida; or abandonment of the stated mission and goals set forth herein, or finally, in the sole discretion of the CITY, that extension of the term is not in the best interests of the CITY. RENT: Rent shall be the following sum: $60.00 for the five year term, which CITY permits to be paid at the rate of one dollar ($1.00) per month, which shall be paid by CHAMBER on an annual basis to CITY at: 55 SE 3rd Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. 2 Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. Subsequent to that, the CITY shall be responsible for all maintenance and repair of structural components, including the roof, soffit, stucco; and the CHAMBER shall make any and all other normal maintenance and repairs to said premises, being plumbing, heating, electrical, air conditioning, windows, signage, etc. The City will pay for or perform regular lawn service, not to include landscape maintenance and installation. The City shall maintain the parking lot. The CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS. That any improvements, additions, remodels, or other permanent change to the premises made or authorized by the CHAMBER, shall inure to the benefit of, and become the sole property of, the CITY upon termination of this lease. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold CITY, its heirs and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not, waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. CHAMBER shall obtain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the CITY as additional insured thereunder to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of the CHAMBER. The property and casualty insurance presently maintained on the property by CITY shall be paid by the CITY, and the CHAMBER will reimburse the CITY 50% of the cost of such insurance policy annually. DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damages by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. 3 UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises, and transfer all utility accounts to its name. The CHAMBER shall be responsible for the payment of all other services, and place the service in its name, including, but not limited to, electric, telephone, waste disposal, and gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. Any taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; sales taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workman Compensation; or any other assessment caused by CHAMBER use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorney's fees and costs. The CHAMBER shall promptly forward to the CITY any State or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture, and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or State statutes. PERSONALTY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or guests stored or used on premises and releases CITY from any and all liability therefore. BOOKS AND RECORDS. The CHAMBER shall create and maintain regular accounts and records of all funds, donations, in-kind contributions, accounts payable, expenditures and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually in an annual financial report to the CITY. The CITY shall have at any reasonable time upon written request, to inspect the books and records of the CHAMBER at the offices of the CHAMBER. 4 DEFAULT IN RENTALS. If CHAMBER shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the CITY, at its option, may terminate all rights of CHAMBER hereunder, including retaining any advance deposits, unless CHAMBER, within said three days, shall cure such default. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre-paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the division of corporations, State of Florida. b. Failure by CHAMBER to pay rent when due as set out above. c. Failure by CHAMBER to maintain all required permits, licenses, insurance, and maintenance at the premises. d. Failure to continually and daily operate as a chamber of commerce, including holding regular membership meetings. e. Failure to keep all taxes, assessments paid up to date with any local, state or federal agency. f. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, damage or destruction of the premises. g. Failure of CHAMBER to comply with its states purpose(s) and mandate of the CHAMBER as set out in the PREAMBLE herein. h. Permitting uses on or in the premises by the CHAMBER or other entities, or assigning all or part of the premises, without the specific written approval of the CITY. I. Failure of CHAMBER upon reasonable request to permit the inspection of corporate books and records by CITY as provided herein. SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within thirty (30) days of written notice thereof, subject to its right to cure any default. b. At the conclusion of the rental period hereunder. CURE OF DEFAULT. That CITY shall, prior to a formal declaration of default of the lease, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from date of written notice to cure the claimed default to the satisfaction of the CITY. Such time may be extended in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by the CHAMBER in the performance of this lease and its terms, the parties, prior to any litigation, shall sit down and mediate the issues, in an attempt to resolve the dispute. The parties shall be represented at this mediation by the City Administrator, 5 1 one City Councilman, President or designee of the CHAMBER, and such other participants as they may agree. ASSIGNMENT. This lease is not assignable by CHAMBER without written permission of CITY. It is understood the operation of the Chamber of Commerce includes additional aspects of business development and related activities geared towards improving the economic base of the City. However the Chamber shall not lease, sub-let, or permit or grant a license, or use of any nature on or in the premises to any other business, entity, group or organization, regardless of whether any consideration changes hands, without the express written consent of the City. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. TERMINOLOGY. Whenever used herein, the terms "CITY" and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee Florida. 6 IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. ..eiSir THE CITY: es E. Kirk, M or 'ATTEST: j 1 i Date: march aid,aoj� relit /a •, Lane Gamiotea, C C, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: Joi R. Cook, City ttorney AS TOT ,MBER: itness ignat p t ,. �� Printed Name: n t% 'to' f 11.(- . n, P (dent A dress: I l _gr ?" �,/' . S.. , L. 5; _ r� •'theft Lee, .ecretary latwiit, Li. G,;v 7A.. Witness Signature . Printed Name: -RVbiil 0.. irroa.lx, Address: IritiLc I-f,," 441 Igor-1a. D Lk-c. �i.o 6 e� i-L 3.41`t a-- State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this gqi---- day of l∎r -c 4-■ , 2012 by JD Mixon, President and Robert Lee, Secretary of the Chamber of Commerce of Okeechobee County, who are 1— personally known to me or produced as identification. 0^.1` 44bes KANDI KOEDAM ` ( _?� ,,�"�°-_ Caf Florida �—�1"_ 4/(LOctQLL ;N iI 4, My Comm.Expires Aug 31,2013 0 L__.- KIjOTARY PU --'1,tO",00-� Commission#DD 921587 ` 7 I MARCH 6,2012-REGULAR MEETING•PAGE 4 of 6 " v II AGENDA COUNCIL ACTION-DISCUSSION VOTE VII. NEW BUSINESS CONTINUED, B. Motion to approve a lease agreement with the Chamber of At the February 21 meeting,the Council reviewed a proposed lease agreement for the Okeechobee County Chamber Commerce of Okeechobee County-City Attorney. of Commerce to lease the City's facility at 50 South Parrott Avenue.City Staff was instructed to have the building inspected and bring the results back for further consideration.The electricity was connected for these inspections. On February 27 both Chief Smith and Building Official Schaub inspected the building.Official Schaub's findings were to remove all unused electrical wires by the air conditioner compressors,remove unused air handlers from the attic, label air conditioner disconnects;improvements to water heater needed;provide emergency lights;repair lighted exit sign;provide occupant load sign for conference room;restrooms signage and repairs needed;several roof tiles need replacing;inside entrance has a water stain on the left side of base indicating water may be entering from outside due to the parking lot grading,he suggested raising the grade to slope the water to the sidewalk and consider installing eve gutters to eliminate the problem;striped handicap parking and signage improvements needed.Chief Smith's report noted the following items need attention:fire extinguishers out of date,exit sign and emergency lighting not working, area in front of the electrical panel and water heater needs to be cleared;fire alarm system needs further inspection to decide whether it should be removed or brought up to code;occupant load signage added;combustibles stored properly and light truss placard added. The Chamber had Mr.Elbert Batton and Mr.Michael Hazellief inspect the building as well.These are their findings: a ceiling stain over the welcome center indicates a roof leak(middle area);air handlers and drain pans in bad shape; air handlers do not work;non connected older air handlers need to be removed from where they are being stored in the attic;carpet wom and in disrepair;tile damage to roof(Northwest corner,West side and over entrances);water needs to be checked;further inspection of fire alarm system needs to be done;electrical wiring around air conditioning units exposed;ingress and egress issues evident;window facing police station held in place with masking tape;all electrical connections appear to be in order. Mr.Whitehall added that he obtained the services of Emory Walker Air Conditioning to conduct an inspection on the air-conditioning system.After finding some issues with blown fuses,they were able to operate the system without any problems.It was indicated they could remove the stored air handlers from the attic,replace the fuses and remove the unused electrical wiring around the units. The City's current lawn maintenance company was contacted,and offered to add the area to the current contract for $80.00 per month.The Chamber has indicated that they would take care of the landscaping,utilizing in-kind services but did not have the means of the lawn mowing at this time.Mr.Burroughs is investigating whether the Chamber could utilize the Police Department's solid waste collection dumpster. ( t" MARCH 6,2012-REGULAR MEETING-PAGE 5 OF 6 AGENDA COUNCIL ACTION-DISCUSSION-VOTE VII. NEW BUSINESS CONTINUED. B. Motion to approve a lease agreement with the Chamber of Mr.Terry Burroughs,Vice president of the Chamber addressed the Council by offering that the Chamber pay half the Commerce of Okeechobee County continued. City's liability insurance premium(estimated at$1,700.00 per year),carry renter's insurance,have the landscaping cleaned out and replaced as well as have the missing roof tiles replaced.The stain on the ceiling indicates a leak in the middle of the roof. However,the inspections could not confirm whether it is still leaking.There will be a lot of cleaning and interior work to complete. In response to several questions,Mr.Burroughs stated that once the lease was approved,the Chamber should be able to be in operation within a month or two.The utilities will be in the Chamber's name.The past due Okeechobee Utility Authority bill of$272.33 still has to be cleared-up.The paperwork put in plastic bags by the IRS,when they seized and auctioned the office furniture,has to be reviewed.Normal office hours have not been determined to date, but it is expected to be operated and offer information to the public as any Chamber facility does.The concept being discussed is to have a staff person operate the facility and answer the phones from 10:00 a.m.to 2:00 or 3:00 p.m. Once an Executive Director is hired,office hours may be extended or changed,depending on staffing. The discussion turned to utilizing in-kind services of the Chamber membership to get the office in operation and that the City could offer services such as pressure cleaning the roof and outside of the building.The City would also consider adding to the annual asphalt paving program,to re-pave and stripe the parking lot,in this year or next years plan.The facility is in a valuable location and the City is offering modest costs for its use.However,they recognize the Chamber is still in its infancy with limited resources.The responsibility of major repairs or the sharing of those potential costs was discussed.While the Council agreed to the 50-50 sharing of major repair costs exceeding$500.00, they agreed the City should set a time limit for one year.Any major repairs needed after that time frame would be borne by the Chamber. Sponsoring annual community festivals and events was the next area of discussion.The previous Chamber hosted/ coordinated the various festivals/events, which were addressed in their lease and how they obtained a"blanket approval"for the use of the parks. However,the new Chamber's mission is geared more to assisting current and potential businesses throughout the City and County and tourism.Due to the closure of the previous Chamber a few years ago,Okeechobee Main Street(OKMS)stepped up and began sponsoring the festivals/events,and continues to do so.In an effort to address the Council's concern with making sure the festivals/events continue,should OKMS become disillusioned with their sponsorship,Mr.Burroughs offered that the Chamber would consider taking them on. MARCH 6,2012-REGULAR MEETING-PAGE 6 OF 6 AGENDA COUNCIL ACTION-DISCUSSION-VOTE VII. NEW BUSINESS CONTINUED. B. Motion to approve a lease agreement with the Chamber of The Chamber Board of Directors may not fully understand or appreciate the City's stance on certain areas of the lease, Commerce of Okeechobee County continued. and the purpose for being specific in addressing the operation of the Chamber within the City's facilities.The City has learned some valuable lessons in their relationship with the previous Chamber.Should this Chamber fail to operate in the capacity as the public demands, the City will be the one once again, that takes the brunt of the fall out. Performance is part of the entire package. In conclusion,a revised lease,containing the items addressed tonight will be forwarded to Mr.Burroughs by the end of the week in order to give him sufficient time to distribute to the Chamber Board Members,for review and consider approving at their next meeting,March 15.Either the proposed lease,approved by the Board,or further commentary from the Board will be presented at the next Council meeting, C. Discuss City Attorney Cook's Annual Evaluation. Due to the entire Council not being present and all the evaluations not collected,it was decided to defer Attorney Cook's annual employment evaluation until the next meeting. D. Discuss City Administrator Whitehall's Annual Evaluation. Due to the entire Council not being present and all the evaluations not collected,it was decided to defer Administrator Whitehall's annual employment evaluation until the next meeting. VIII, ADJOURN MEETING-Mayor. There being no further discussion nor items on the agenda,Mayor Kirk adjourned the Regular Meeting at 7:01 p.m. The next regular scheduled meeting is March 20,2012 at 6:00 p.m. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made,which record includes the testimony and evidence upon which the appeal is to be based.City Clerk media are for the sole purpose of backs* r official records of the Clerk. ATTEST' �% ames E.Kirk,Mayor Lane Gamiotea,CMC,City Clerk ry Wiz-" Okeechobee News/Pete Gawda Golfer of the Year At the Tuesday, Feb. 21, meeting of the Okeechobee City Council Mayor James Kirk recognized Richard Donegan,who was accompanied by his par- ents,for being named High School Boys Golfer of the Year Class of 2012. Pictured, left to right, are Rick Donegan, Richard Donegan,Mayor Kirk and Nancy Donegan: ', }fit council discusses leasin chamber building By Pete Gawda inaccessible to the city for some time, the Okeechobee News council was unsure as to its present condi- After being vacant for many months the tion. The council and Mr. Burroughs were city-awned chamber of commerce build- in agreement that the building should be ing could be leased by the recently formed inspected before proceeding with lease ne- Chamber of Commerce of Okeechobee gotiations. Mr. Burroughs said the utilities turned on in order to inspect the County.At their meeting on Tuesday evening, should'be fu Feb.21'the Okeechobee City Council spent building d noand um the utilities non. have a lease he - considerable time discussing a proposed Councilman Clayton Williams suggested lease with Terry Burroughs,vice president of the chamber consider listing the city on their 4 the Chamber of Commerce of Okeechobee insurance for the building. County. Tommy Hoover, an interested citizen, The building had been seized by the Inter- did not think taxpayers should be subject to nal Revenue Service(IRS)for nonpayment of paying for any repairs to the building since payroll taxes by the long inactive Okeecho- the chamber was getting such a good deal. bee County Chamber of Commerce. The The proposed lease was for $1 a month. IRS held an auction of the contents of the Mr. Hoover felt that if the chamber were building to satisfy the tax lien and recently not willing to pay for repairs the city might released the building back to the city want to seek another tenant.However,deed Councilman Dowling Watford said he restrictions prevent the building from being was glad to see the issue was being cleared used for other than a chamber up. He thanked Congressman Torn Rooney anY purpose building.helping the city re ain possession of the Post your opinions In the Public Issues Forum at building from the IRS. www.newszap.com.Reporter Pete Gawda can Since the building has been vacant and be reached at pgawda @newszap.com. po#a . your liaised Fence Pest supplier in soul Florida 1'ha Wnrkal 69)60 LC2AQYA Mar 6 2012 Chamber of Commerce Lease discussion w/T Burroughs (3/5/12) This is some of the issues we discussed. Roof- Public Wks can pressure wash Public Wks can replace tile, but prob not as effective as a roofer Chamber was checking w/ a roofer Window issue- Needs fixed on east side of bldg Lawn Maint- City cost is $960/yr($80/mo) added to our existing lawn maint contract Chamber can take care of landscaping, plan to remove a cpl of cabbage palms Parking lot & striping- City will add lot to annual asphalt program this or next program and stripe thereafter Inspection issues- E. Walker got both NC running and will remove the two old abandon air handlers in the attic for free. Fire —will review the fire alarm system for working order, need fire exting reinspected, occupant load posted, Exit sign lighted..investigate emergency lighting Bldg official-see list incl handicapped restroom issues, water heater relief vavie Utilities- Chamber pay elec, water & sewer, phone, renter's (content) insurance City pay property insurance (est at $1700/yr), perhaps the Chamber could split that cost (50/50) w/the City Garbage — I believe it's the City's and the chamber can use, but Terry B. was investigating Major Capital expenditures — The chamber is worried about unexpected major expense and it was proposed (certainly subject to discussion) that the City consider a 50/50 split of unexpected costs exceeding $500 CITY O OKEECHOBEE FIRE DEPARTMENT INSPECTION REPORT --CuL Occupancy Name: I::: , \ „, Occupancy Location: Annual Periodic Connplaintther The items circled below need your attention: MEANS OF EGRESS I EXITS Exit obstructed Aisles blocked "---/ 6" Exi( 1-gb, Battery back-up working r-E--mergency Lighting working) Panic Hardwar-e- working Proper locks present Fire doors closing properly Egress stairs unblocked and no storage of combustibles Current Certificate and Date: /iA Elevator keys accessible Fire extinguisher present in hydraulic room FIRE EXTINGUISHERS Current tag/Date: Mounted to code Correct number and ratings(2A:10B:C)min. DELECTRICAL/KNOX BOX Open slots in panel Open / Bad wiring Breakers marked properly Extension cords for permanent wiring iae7fpD Current keys in Knox box SEPARATION Proper occupancy separation Ceiling tiles Penetrations sealed properly SPR • • /STANDPIPES Current Tag/Date: 5 v/if Access to hydrants,FDC's,Standpipes,and Risers Valves open/secured Sprinkler heads 18"clearance and no paint C-9 FIRE ALARM SYSTEMS Current Tag/Date: Li 4005- Panel "norr__22919 vices in good condition KITCHEN/COOKING Current Tag/Date: h./ Grease accumulation Appliances properly covered "K"Class Fire Extinguisher present with current tag STORAGE/MISC. Combustibles stored propeili_-) Excessive storage Gas cylinders secured 'Occupant load posted -) Address numbers 6" Light truss placard, Inspection dates: Date passed NOTE: r - Drg r Kt, n 17- AL r, I t ,t) z ti-d J t .4)4 4 .7(IT-Q.c.(11 C c' NI / 7 T‘. ."--/e>/7 Print Name Sign Fire Inspector OKEECHOBEE FIRE DEPARTMENT 55 SE 3rd AVENUE OKEECHOBEE,FL 34972 (863)467-1586 FAX(863)763-4489 NOTICE TO COMPLY Florida Statute,Section 633.027 requires the owner of any commercial, industrial or multiunit residential structure of three units or more constructed of light-frame trusses, to install a symbol adopted by rule of the State Fire Marshal's Office. This rule establishes the dimensions,color, and location of the symbol to be applied to these structures. Where the owner of the structure and the authority having jurisdiction(Fire Marshal) disagree as to the use of light-frame truss-type construction within the structure,the owner shall be granted not more than 30 days to provide written verification from a licensed engineer or licensed architect; otherwise, the owner shall comply with the rule. ,.`>,.a.a 5 A.,?c:ti - u ";tea; c€- .-"x, aa. r3 V.1;.., : te., :fir'w: ''' 0 ' , • Y s. It Floor Construction Roof Construction Both Roof and Floor Construction * Symbols must be all weather and contrasting with background * Maltese Cross shall measure 8 inches horizontally and 8 inches vertically * Maltese Cross shall be bright red reflective color * Maltese Cross shall be within 24 inches to the left of the main entry * Maltese Cross shall be not less than 4 feet above grade,walking surface, finished floor * Maltese Cross shall be not more than 6 feet above grade, walking surface, finished floor * Additional signs to be installed as determined by the Authority having Jurisdiction * The complete rule is available on the State Fire Marshals web site O.tt Liam_ 4.00 4. CITY OF OKEECHOBEE V BUILDING DEPARTMENT • \`� s ., 55 SE THIRD AVENUE ;a OKEECHOBEE, FL 34974 " %' Tele: 863-763-3372 Fax 863-763-1686 •* 9 . jl� rshauh(a),citvofokeechobee.corn INSPECTION REPORT February 28, 2012 LOCATION: Chamber Building 55 S. Parrott Ave. Okeechobee,FL 34974 Findings: 1) Remove all unused electrical wires by A/C compressors. 2) Label A/C disconnects. 3) Stripe a 5' strip by handicap parking and elevate H/C sign to a minimum of 84"above grade. 4) Roof tiles on hips at entrance are missing. There doesn't appear to be any water staining at ceiling indicating roof leaks. 5) Inside entrance,water staining on left side of base indicating a possibility water seeping in from outside. Rain water being held in that location because of grading. Fix solution, dig out dirt from foundation, seal with approved sealant and fill in with dirt and raise grade to slope water to sidewalk. You my also want to consider eve gutters. 6) Rest rooms require H/C signage placed 60"to center by the latch side of doors,lever door hardware,hand towels a maximum 48"reach height and doors need a minimum of 18" clearance on the pull side of doors. 7) Provide emergency lighting. Exit sign needs light bulbs. 8) Provide occupant load of conference room. 9) Water heater needs a pressure relief valve down pipe to a minimum 6"above floor. 10) Remove unused air handler from attic. Insulation appears to be about a R4, a minimum of R11 is required. Ray Schaub, CBO ehatAtiall tt . Brian Whitehall From: Terry Burroughs [twbfla @embargmail.com] Sent: Sunday, February 26, 2012 2:30 PM To: 'Brian Whitehall' Cc: bblazak @ct-eng.com;Joshua Mixon; mhazellief @gmail.com; Mike @chcpa.com; pelican688 @yahoo.com; robert.lee @hcahealthcare.com; tonischicboutique @centurylink.net Subject: Chamber building inspection Brian, Elbert Batton, Michael Hazellief and I conduct an inspection of the chamber building on Friday. The following is a list of items we found to be problematic. I have denoted all problems that were evident. The intent of this email to identify all problems not who is going to fix the problem. Electrical power was on in building at time of inspection. 1. Previous internal roof leak over welcome center portion of roof ( middle of roof) 2. Air handlers & drain pans in very bad shape. Air handlers do not work 3. Current air handlers had been replaced at some period of time by cutting hole in ceiling, however, old air handlers are still in attic discarded in between the rafters 4. Carpet worn and in disrepair 5. Tile damage on the following sections of the roof a. NW corner of roof b. West side of roof c. Over door entrances 6. Water needs to be checked 7. Fire alarms system requires checking out 8. Electrical wires around air conditioning units exposed 9. Ingress and egress issues evident 10. Window facing police station held in place with masking tape All electrical connections appear to be in order. We could not get to some, but for the most part they seem to be in good working order. I will be out of pocket for most of tomorrow with my mother's funeral arrangements and service. I will touch base with you on Tuesday Ferry t3 w r ro �- 23u n.t w17evvelapvat t'tt13aard'of 0kee-chckeez Co h ty Chowclrer cif Cow wcc&of Okeec ho Cot/way 863-697-6325 1 FEBRUARY 21,2012•REGULAR MEETING-PAGE 6 OF 9 01 AGENDA COUNCIL ACTION-DISCUSSION-VOTE IX. NEW BUSINESS CONTINUED. B. Presentation of Okeechobee Correctional Institute Work Program As well as to provide programs and services to inmates;and to supervise all inmates at the level proportionate with continued. the threat they present to society.Mr.Jones introduced Colonel Royce Dykes.The two continued the presentation together and gave the statistics of the number of inmates housed at the facility,numbers of inmates released into the local community upon the end of their sentence.In 2008,the Department began changing its internal structure on how inmates are housed.It created an Office of Re-entry to coordinate services for inmates and offenders to ensure a successful transition back into communities. The strategy provides a holistic approach including educational programs where they can obtain their GED.Vocational training,where they can learn a skill and be certified,such as a waste water plant operator.As well as various classes to help them learn to be better citizens and parents,providing them with the tools and support needed to return to their communities as productive,law-abiding citizens. The Work Camp,an eight-acre facility across from the Main compound consists of 11 buildings and three special activity pavilions.This site will house only medium,minimum and community custody inmates.These are the inmates who participate in the work squads.The goal is to utilize these squads more in the future,as there is a huge amount of potential inmate labor.An invitation was extended to the Mayor,Council Members and City Staff to come out to the facility,meet Warden Skipper and his staff,tour the facility and consider their offer to use these work squads to assist the City's labor force.The facility should be up and running by mid summer.The Council had several questions,which were answered.Mayor Kirk thanked them for their presentation and the City will be sure to follow up on the invitation,as this looks to be a promising endeavor. C. Motion to approve a lease agreement with the Chamber of Mr.Terry Burroughs was not present when this item was to be discussed. He requested,through Council Member Commerce of Okeechobee County-City Attorney(Exhibit 3). O'Connor,that the item be moved to the end of the meeting allowing him time to arrive.Mayor Kirk agreed. D. Consider a request to address the City's noise ordinance-Ron Mr.Ron and Mrs.Linda Main appeared before the Council and distributed a copy of City Code Sections 30-81 Noise Main(Exhibit 4). regulation in general,and 30-82,Specific noises prohibited(13)Places of public entertainment.They requested the Council consider adding'to repetitive unnatural noise[music and/or voices]that are verified by a police officer'at the end of 30-82(13).As well as to give police the recourse,such as issuing citations or making people lower the unnatural noise. Mrs.Main noted her gratitude to the Police Department in handling the noise complaints promptly and professionally. The noise is an issue due to her home's proximity to Hammerheads Bar and Grill,owned by David and Anita Nunez. The restaurant is closed now,except for special events.Their concern is potential owners or leasers of the facility in the future,who may not be as accommodating to resolve the neighborhood complaints as the Nunez's have been. Chief Davis and Administrator Whitehall will research the matter further and follow-up to the Council with Staff's recommendation. FEBRUARY 21,2012-REGULAR MEETING-PAGE 7 OF 9 `✓ AGENDA COUNCIL ACTION-DISCUSSION•VOTE IX. NEW BUSINESS CONTINUED. Readdress Item C.Motion to approve a lease agreement with the Chamber Mayor Kirk announced that Mr. Burroughs, Vice President of the Chamber of Commerce of Okeechobee County of Commerce of Okeechobee County-City Attorney(Exhibit 3). (Chamber),was present and that the Council would now address new business item C, Exhibit 3 regarding the approval of a lease agreement with the Chamber.Following a lengthy discussion between the Council,City Staff and Mr. Burroughs regarding the proposed lease agreement language contained in Exhibit Three,the following items are to be addressed and the matter brought back to the Council: -Terms and Conditions, second paragraph: reword to clarify that the Council has to approve the extension of the agreement;request for extension and approval of extension to be documented in writing. -Conditions of Premises and Repair. It was agreed,without an objection from Mr.Burroughs,for the City's Building Official to conduct an inspection of the building and list all repairs.The reason an inspection has not been conducted to date is the utilities must be connected.The Chamber cannot get utilities connected without a lease agreement,as well as the water cannot be turned on until the delinquent water bill is paid.Administrator Whitehall was instructed to resolve the water bill and find solutions to having the utilities connected for the inspection. -Clarify who will bear the costs for what repairs to the facility and property. -Insurance. Clarify the City is paying $1700.00 per year for property and liability insurance.The Chamber will be required to carry liability insurance as well.The City needs to be added as additional insured on the Chamber's policy with a copy provided to the City. -Attorney's Fees needs to be researched further,by Attorney Cook,to determine whether its required/needed. -The Default section needs to be clarified to ensure in addition to the items listed,default includes failing to have the building open to the public within a specific period of time,for example 30 days;failing to operate the Chamber within the facility,for a specific period of time;and/or failing to conduct a certain number of membership meetings within a certain amount of time. Mr.Tommy Hoover addressed the Council by asking,since the City is entering into this lease agreement at a much reduced commercial office rental rate,and has in-kind contributions,would that subject the Chamber to the Sunshine Laws?Attorney Cook responded no.Administrator Whitehall added,there are provisions for transparency in the lease agreement.Mr.Burroughs further explained,this Chamber is a 501 c(6)non-profit organization and must provide their financials to the membership,transparency is not going to be an issue. Mr.Burroughs final comment noted that the Chamber's Board of Directors may be open to a different approach to the lease,specifically with the rent;he will follow-up with the Administrator. A MARCH 20,2012-REGULAR MEETING-PAGE 10 OF 11 AGENDA COUNCIL ACTION-DISCUSSION-VOTE VIII. NEW BUSINESS CONTINUED. G. Discuss Chamber of Commerce of Okeechobee County Lease Council Member Watford agreed with the Mayor as well and elaborated further, Council Member Maxwell has Agreement continued. obviously put a lot of thought into this issue,and he appreciated those efforts.However,this is a little different from your standard commercial lease.The City should not get into the position of micro managing the Chamber.He was confident the Chamber can and will perform the way the residents of the City expect.They realize their position,are stepping up and willing to do it. It is critically important,as we have been without a Chamber for a long time,to get them in there.The other issue is this'new'chamber is really a hybrid or new breed of Chamber.It is not what we are used to,nor what we had before.It is not only based on tourism and answering questions/inquiries,it has expanded from that to the business development side,which is just as important.This is a great opportunity for the City,Chamber and County. Council Member Watford, moved to approve the Lease Agreement between the City and Chamber of Commerce of Okeechobee County,with the amendment that the City handle the roof repairs and maintenance and the Chamber will handle all other repairs and maintenance;seconded by Council Member O'Connor. Mayor Kirk asked Administrator Whitehall and Attorney Cook,whether they were certain everything that needed to be addressed was addressed sufficiently?Council Member Watford added,and we are certain we can terminate the lease based on the causes listed.Administrator Whitehall responded,to the best of my knowledge, substantively everything is addressed.Attorney Cook answered,we added the changes that the Council wanted,then in paragraph three,the means and efforts used by the Chamber to accomplish its goals are within the discretion of the organization. So we balanced the language with allowing nonperformance to be a termination factor,without micro managing them. They must remain a viable,operating Chamber of Commerce in order to remain in the building.To try to quantify performance would be almost impossible.What is acceptable to this Council today,may not be acceptable in two years when you may have a different Council here.However,Council Member Maxwell's memorandum suggested a couple of language changes,and he agreed,the change clarifies some of the language.These will be implemented in the final copy to be signed.Lastly,it appears a sentence was left out from this draft,page four the"assignment"provision needs to be expanded as to be clear the Chamber cannot sublease the building without written permission from the City.Mayor Kirk and Council agreed with the modifications and any other areas that need to be clarified more. VOTE KIRK-YEA MAXWELL-ABSENT O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. (CIIIBIT 6 Mar 20, 2012 LEASE AGREEMENT THIS AGREEMENT entered into this day of March 2012, between CITY OF OKEECHOBEE, FLORIDA (hereinafter "CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, (hereinafter "CHAMBER"). WITNESSETH: That the City of Okeechobee, Florida owns certain real property, building and improvements thereon at 55 S. Parrott Avenue, with deed covenants that restrict the use of said property to that only of a chamber of commerce; That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the Landlord does hereby lease to the CHAMBER the commercial property located in Okeechobee County, Florida, and more particularly identified as: Real property at: 55 S. Parrott Avenue Okeechobee, FL 34974 TERMS AND CONDITIONS PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce and for no other purpose. As such, the mission, purpose and activities of the CHAMBER would include the following: 1. The CHAMBER is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting the City of Okeechobee, and Okeechobee County to business interests, tourists, visitors, and the public. 2. The goal of the CHAMBER includes increasing visibility of Okeechobee around the state and country; to attract tourism, business development and industry to the City; to plan and organize events to improve the quality of life in Okeechobee and to promote and maintain the beauty and desirability of the area. 3. Included in the general mission and goals of the CHAMBER would be to perform all those activities expected of a traditional and viable chamber of commerce. While the means and efforts used by the CHAMBER to accomplish its goals are within the discretion of that organization, the chamber has historically sponsored, promoted, or assisted in certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; Fourth of July celebration; National Day of the American Cowboy, and similar events that are designed to attract citizens, tourists, and business to the City of Okeechobee. 4. That at all times during the terms of the lease the CHAMBER shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the division of corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity. TERM: The term hereof shall commence on the day of March 2012 and continue monthly for an initial term of five (5) years, to March 2017, unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. 1 RIGHT OF RENEWAL: The CHAMBER is granted first option to renew the term of this lease. The CITY shall not attempt to lease the premises to another entity without first negotiating a renewal lease with the CHAMBER. The CHAMBER shall provide notice of intent to renew the lease by a writing delivered to the CITY at least sixty (60) days prior to the end of the lease term. The rental term may be extended beyond this initial term upon further written agreement and terms as may be determined by the parties, and the CITY reserves the right upon any renewal or renegotiation to make amendments to the terms of the lease, including but not limited to its length, rental amount, or such other term as the CITY deems as in its best interests. The lease renewal granted to CHAMBER shall not be unreasonably withheld by the CITY, unless the CHAMBER is in material breach of the lease terms, or dissolution of the CHAMBER by the State of Florida; or abandonment of the stated mission and goals set forth herein, or finally, in the sole discretion of the CITY, that extension of the term is not in the best interests of the CITY. RENT: Rent shall be the following sum: $60.00 for the term, which CITY permits to be paid at the rate of one dollar ($1.00) per month, which shall be paid by CHAMBER on the 1st day each month to CITY at: 55 SE 3rd Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. For major capital repair or maintenance expenditures, (defined as ANY INDIVIDUAL EXPENSE in excess of $500.00), for the first twelve months of the lease term, the CITY and CHAMBER will divide any such expense on a 50/50 basis. Subsequent to that, the CHAMBER shall be responsible for all maintenance and repair of the structural components, as well as the roof, windows, doors, and the CHAMBER agrees to make any and all other normal maintenance and repairs to said premises, being plumbing, heating, electrical, air conditioning, etc. The CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon; loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS. That any improvements, additions, remodels, or other permanent change to the premises made or authorized by the CHAMBER, shall inure to the benefit of and become the sole property of, the CITY upon termination of this lease. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold CITY, her heirs and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. CHAMBER shall obtain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the CITY as additional insured thereunder to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of the CHAMBER. The property and casualty insurance presently maintained on the property by CITY shall be paid by the CITY, and the CHAMBER will reimburse the CITY 50% of the cost of such insurance policy annually. DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises and transfer all utility accounts to its name. CITY will pay for regular lawn service on the premises, but not to include landscaping or maintenance thereof. The CHAMBER shall be responsible for the payment of all other services and place the service in his name including, but not limited to, electric, telephone, waste disposal, and gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. Any taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; sales taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workmans compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorneys fees and costs. The CHAMBER shall promptly forward to the CITY any state or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or state statutes. PERSONALTY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or his guests stored or used on premises and releases CITY from any and all liability therefore. BOOKS AND RECORDS. The CHAMBER shall create and maintain regular accounts and records of all funds, donations, in-kind contributions, accounts payable, expenditures and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually in an annual financial report to the CITY. The CITY shall have at any reasonable time upon written request, to inspect the books and records of the CHAMBER at the offices of the CHAMBER. 3 I P ` j DEFAULT IN RENTALS. If CHAMBER shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the CITY, at his option, may terminate all rights of CHAMBER hereunder, including retaining any advance deposits, unless CHAMBER, within said three days, shall cure such default. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre-paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the division of corporations, State of Florida. b. Failure by CHAMBER to pay rent when due as set out above. c. Failure by CHAMBER to maintain all required permits, licenses, insurance, and maintenance at the premises. d. Failure to continually and daily operate as a chamber of commerce, including holding regular membership meetings. e. Failure to keep all taxes, assessments paid up to date with any local, state or Federal agency. f. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, damage or destruction of the premises. g. Failure of CHAMBER to comply with its states purpose(s) and mandate of the CHAMBER as set out in the PREAMBLE herein. h. Permitting uses on or in the premises by the CHAMBER or other entities, or assigning all or part of the premises, without the specific written approval of the CITY. i. Failure of CHAMBER upon reasonable request to permit the inspection of corporate books and records by CITY as provided herein. SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within thirty (30) days of written notice thereof, subject to its right to cure any default. b. At the conclusion of the rental period hereunder. CURE OF DEFAULT. That CITY shall, prior to a formal declaration of default of the lease, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from date of written notice to cure the claimed default to the satisfaction of the CITY. Such time may be extended in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by the CHAMBER in the performance of this lease and its terms, the parties, prior to any litigation, shall sit down and mediate the issues, in an attempt to resolve the dispute. The parties shall be represented at this mediation by the City administrator, one City Councilman, President or designee of the CHAMBER, and such other participants as they may agree. ASSIGNMENT. This lease is not assignable by CHAMBER without written permission of CITY; provision prohibiting sub-lease without CITY permission. SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. 4 I P TERMINOLOGY. Whenever used herein, the terms "CITY" and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee Florida. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to CITY: Witnesses as to CHAMBER: . . • A STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared and to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2012. Notary Public 6 I P - Page 1 LexisNexis'v z,As � 1 of 1 DOCUMENT biN 'r'&LexisNexis(R)Florida Annotated Statutes Copyright(c)2012 by Matthew Bender&Company,Inc. a member of the LexisNexis Group. All rights reserved. *** Statutes and Constitution are current through Act 2011-269 of the 2011 Regular Session. * ***Annotations are current through February 17,2012. *** TITLE 12. MUNICIPALITIES(Chs. 165-185) CHAPTER 166. MUNICIPALITIES PART I. GENERAL PROVISIONS GO TO FLORIDA STATUTES ARCHIVE DIRECTORY Fla.Stat.§166.021 (2012) § 166.021. Powers (1)As provided ins. 2(b),Art. VIII of the State Constitution,municipalities shall have the governmental,corporate, and proprietary powers to enable them to conduct municipal government,perform municipal functions,and render mu- nicipal services,and may exercise any power for municipal purposes,except when expressly prohibited by law. (2)"Municipal purpose"means any activity or power which may be exercised by the state or its political subdivi- sions. (3)The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b),Art. VIII of the State Constitu- tion,the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act,except: (a)The subjects of annexation,merger,and exercise of extraterritorial power,which require general or special law pursuant to s. 2(c),Art. VIII of the State Constitution; (b)Any subject expressly prohibited by the constitution; (c)Any subject expressly preempted to state or county government by the constitution or by general law;and (d)Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g),3, and 6(e),Art.VIII of the State Constitution. (4)The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution.It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental,corporate,or proprietary purposes not expressly prohibited by the constitution, general or special law,or county charter and to remove any limitations,judicially imposed or otherwise,on the exercise of home rule powers other than those so expressly prohibited.However,nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a special law or municipal charter which affect the creation or existence of a municipality,the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates,the distribution of powers among elected officers,matters prescribed by the charter relating to appointive boards,any change in the form of government,or any rights of municipal employees,without i , Page 2 Fla. Stat. § 166.021 approval by referendum of the electors as provided in s. 166.031.Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted prior to July 1, 1973,is hereby nullified and repealed. (5)All existing special acts pertaining exclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection(4)shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as other ordinances. (6)The governing body of a municipality may require that any person within the municipality demonstrate the ex- istence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or federal law.For any person who will produce special wastes or biomedical waste,as the same may be defined by state or federal law or county or city ordinance,the municipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes will be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Gov- ernment. (7)Entities that are funded wholly or in part by the municipality,at the discretion of the municipality,may be re- quired by the municipality to conduct a performance audit paid for by the municipality.An entity shall not be consid- ered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes,as- sessments,fees,or other revenue.If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding,in whole or in part,a discrete program of the district,only that pro- gram may be required by the municipality to undergo a performance audit. (8)(a)The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders.Furthermore,the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development,business enterprise management,and other activities conducive to economic promotion,in order to provide a stronger,more balanced,and stable economy in the state,to enhance and preserve purchasing power and employment opportunities for the residents of this state,and to improve the welfare and competitive position of the state.The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of busi- ness enterprises in the municipalities of the state. 00514 w A a .£ �n ei e£ provisions of this chapter which confer powers and duties on the governing body of a municipality,including any pow- ers not specifically prohibited by law which can be exercised by the governing body of a municipality,shall be liberally construed in order to effectively carry out the purposes of this subsection. £ a&t A,,a S W £3!`.- £ Q➢ ]•$UkU " 4a x a i&1 KUM 4/2,4 4 £ E° � .9i £ s A ! a 1 •��� et.1;�..�6 ® .£ a � a g£ •° ne£ £ 0, £ v a £op a a 4 m a s ' £® £ LgtA " ai;'i'6£ ° 3 £ :,4tij di a a £ A 5 ®.e * By January 15,2011,and annually thereafter,the municipality shall file a copy of the report with the Office of Economic and Demographic Research and post a copy of the report on the municipality's website. (e) 1.By January 15,2011,and annually thereafter,each municipality having annual revenues or expenditures greater than$250,000 shall report to the Office of Economic and Demographic Research the economic development incentives in excess of$25,000 given to any business during the municipality's previous fiscal year.The Office of Economic and Demographic Research shall compile the information from the municipalities into a report and provide the report to the President of the Senate,the Speaker of the House of Representatives,and the Department of Economic Opportunity.Economic development incentives include: a. Direct financial incentives of monetary assistance provided to a business from the municipality or through an organization authorized by the municipality. Such incentives include,but are not limited to,grants,loans, equity investments,loan insurance and guarantees,and training subsidies. Field LEASE AGREEMENT THIS AGREEMENT entered into this day of March 2012, between CITY OF OKEECHOBEE, FLORIDA (hereinafter "CITY") and CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY, (hereinafter "CHAMBER"). WITNESSETH: That the City of Okeechobee, Florida owns certain real property, building and improvements thereon at 55 S. Parrott Avenue, with decd covenants that restrict the - _ . _ . _ _ - . _ _ _• . _- _ ._•• ••- . which the City desires to lease for a public or non-for-profit use; That in consideration of the covenants herein contained on the part of the CHAMBER to be kept and performed, the Landlord does hereby lease to the I CHAMBER the commercial oomme-r-siareal property located in Okeechobee County, Florida, and more particularly identified as: Real prspetythe 2500 square foot office building Cthe "Chamber Building") located at: 55 S. Parrott Avenue Okeechobee, FL 34974 TERMS AND CONDITIONS PREAMBLE THIS LEASE is for the specific purpose of use of the leased premises for the chamber of commerce and for no other purpose. As such, the mission, purpose and activities of the CHAMBER would include the following: 1. The CHAMBER is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting the City of Okeechobee, and Okeechobee County to business interests, tourists, visitors, and the public. 2. The goal of the CHAMBER includes increasing visibility of Okeechobee around the state and country; to attract tourism, business development and industry to the City; to plan and organize events to improve the quality of life in Okeechobee and to promote and maintain the beauty and desirability of the area. 3. Included in the general mission and goals of the CHAMBER would be to perform all those activities expected of a traditional and viable chamber of commerce. While the means and efforts used by the CHAMBER to accomplish its goals are within the discretion of that organization, the chamber has historically sponsored, promoted, or assisted in certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; Fourth of July celebration; National Day of the American Cowboy, and similar events that are designed to attract citizens, tourists, and business to the City of Okeechobee. 4. That at all times during the terms of the lease the CHAMBER shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the division of corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity. TERM: The term hereof shall commence on the day of March 2012 and continue monthly for an initial term of five (5) years, to March 2017, unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. 1 I .. • _ • • . £ A .,. _ A , , • • • • • - torm at tho CITY doomc at in it-c boct intoroctc. Tho loaco ronowal grantod to - - - - - -- - - - A . • _ - - - 4k e- RENT FORGIVENESS: The amount of rent shall be the fair market rental value of the building, which is determined to be ($20,000.00) for the first year, based upon comparable commercial leases. Rent shall be retroactive, payable annually on or before December 31 of each year, the first year being pro-rated from the date possession is taken by tenant. Annual rent shall be forgiven, provided the CHAMBER provides services that, in the discretion of the CITY, are of a value that meets or exceeds the fair market rental value of the Chamber Building. Alternative A: Annual rent shall be forgiven, provided the CHAMBER provides services that, in the discretion of the CITY, are of an aggregate value of at least $ during the preceding year. The value of the services provided by the CHAMBER shall be measured by the economic impact of the services, on the CITY'S businesses and citizens. At least annually, on or before August 1, the CHAMBER shall submit a report to the CITY detailing the results of the CHAMBER'S economic develop efforts made on behalf of the CITY during the preceding year, as required by Florida Statutes §166.021. Such report shall set forth the value of such efforts and services, as measured by the economic impact of the services. The CITY shall act on the annual report by September 1, and the CITY'S acceptance of the annual report, shall constitute a forgiveness of the annual rent for the preceding year. This provision for Rent Forgiveness is intended to ensure that the CITY receives valuable services in lieu of rent, and it is the expectation of the parties that the services will be provided, not the rent. Rent shall be the following sum: $60.00 for the term, which CITY permits to be paid at the rate of one dollar ($1.00) per month, which shall be paid by CHAMBER on the 1st day each month to CITY at: 55 SE 3rd Avenue, Okeechobee, Florida 34974, or at such other place as may be designated by CITY from time to time. CONDITION OF PREMISES AND REPAIR. CHAMBER hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. Prior to occupancy, the structure will be inspected to assure that no major repairs are necessary. - ---•2 -- - - - - - -• -•' - - - - - --, ••-e -- ■ ■ . - - - - term, the CITY and CHAMBER will divide any such expense on a 50/50 basis. .- _ . " 'LP• - - e ••••••• _ - •• -- . _ .- _ A 1 1 • - 2 A being plumbing, heating, electrical, air conditioning, etc. The CITY shall maintain the exterior shell of the building, and the structural components thereof. The CHAMBER shall maintain the interior of the building, and secure a service contract for routine maintenance of mechanical systems. Replacement of major mechanical components shall be performed by the CITY.The CHAMBER will, at the end of this Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon; loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS. That any improvements, additions, remodels, or other permanent I change to the premises made or authorized by the CITY and performed by the CHAMBER, shall inure to the benefit of and become the sole property of, the CITY upon termination of this lease. INSURANCE. CHAMBER is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event, function or use made by the CHAMBER, and shall hold CITY, her heirs and assigns, harmless therefrom, and indemnify CITY, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. CHAMBER shall obtain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the CITY as additional insured thereunder to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of the CHAMBER. The property and casualty insurance presently maintained on the property by CITY shall be paid by the CITY, and the CHAMBER will reimburse the CITY 50% of the cost of such insurance policy annually. DESTRUCTION OF PREMISES. If the premises are improved, and in the event that the premises are destroyed or so damaged by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the CHAMBER shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon CHAMBER would forfeit all rents to date, but not be liable for any further rental hereunder, and be returned any advance deposit paid to CITY; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for CHAMBER purposes. UTILITIES. CHAMBER shall be responsible for the payment of all utilities used on or at said premises. In the event the City elects to keep or open any utility accounts in the CITY'S name, the CITY shall forward the invoices for same during the month received, and the CHAMBER shall reimburse the monthly invoices from same, in the month following, as rent. The reimbursement for actual monthly utility costs shall be considered as rent, and landlord shall have all remedies for recovery of rent provided herein, and by Florida Statutes Chapter 83, Part I, which shall be non-exclusive. The forwarding of invoices for utilities by the CITY shall constitute a demand for payment of same, and a demand for rent, and the nonpayment of same shall constitute a nonpayment of rent, for which the CITY shall retain all remedies at law for nonpayment of rent. Reimbursement for utilities shall not be subject to the Rent Forgiveness provisions contained herein. - - - - - - - • • - - - - •- --. CITY will pay for regular lawn service on the premises, but not to include landscaping or maintenance thereof. The CHAMBER shall be responsible for the payment of all other services and place the service in itshi;, name, if requested, including, but not limited to, electric, telephone, waste disposal, and 3 1 z gas used on said premises. CHAMBER agrees not to hold the CITY responsible for any delay in the installation of electricity, water, telephone, or gas, or meters therefore, or interruption of the use and services of such commodities. TAXES. Any taxes, assessments or obligations incurred or assessed on the leased property due to sales taxes; use taxes; sales taxes; Internal Revenue taxes; State of Florida Department of Revenue or Workmans compensation; or any other assessment caused by CHAMBER's use of the property as a commercial enterprise shall be the sole responsibility of CHAMBER, who shall hold CITY harmless therefrom, and indemnify CITY, including attorneys fees and costs. The CHAMBER shall promptly forward to the CITY any state or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. EQUIPMENT. The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture and the property of CITY upon the CHAMBER vacating the premises. UNLAWFUL USE. CHAMBER shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for commercial business uses. GENERAL CONDITION OF PREMISES. CHAMBER shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or state statutes. PERSONALTY. Any property of CHAMBER remaining on or within the leased premises thirty (30) days after termination of this lease may be disposed of by CITY either by (a) selling the property to offset monies owed by CHAMBER under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of CITY; all without any claim therefore by the CHAMBER. CHAMBER'S PROPERTY. CHAMBER assumes all responsibility for theft or damage to all personal property of CHAMBER or his guests stored or used on premises and releases CITY from any and all liability therefore. BOOKS AND RECORDS. The CHAMBER shall create and maintain regular accounts and records of all funds, donations, in-kind contributions, accounts payable, expenditures and financial status of the organization in its regular course of business. A certified accountant shall keep and prepare all necessary records, tax returns and financial status of the CHAMBER and submit same at least annually in an annual financial report to the CITY. The CITY shall have at any reasonable time upon written request, to inspect the books and records of the CHAMBER at the offices of the CHAMBER. DEFAULT IN RENTALS. If CHAMBER shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the CITY, at his option, may terminate all rights of CHAMBER hereunder, including retaining any advance deposits, unless CHAMBER, within said three days, shall cure such default. NOTICES. Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre-paid, to CHAMBER at the premises or to CITY at the address where the monthly payments of rent are made. DEFAULT. CITY may, at its sole discretion, declare this lease in default for any of the following: a. Failure by CHAMBER to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the division of corporations, State of Florida. 4 I F' a b. Failure by CHAMBER to pay rent when due as set out above. c. Failure to provide services that, in the City's sole discretion, are of a value that meets the requirements provided herein. ds. Failure by CHAMBER to maintain all required permits, licenses, insurance, and maintenance at the premises. ed. Failure to continually and daily operate as a chamber of commerce, including holding regular membership meetings. fe. Failure to keep all taxes, assessments paid up to date with any local, state or Federal agency. gf. At any time, upon five (5) days advance notice, in the event CHAMBER has caused or permitted, damage or destruction of the premises. hg. Failure of CHAMBER to comply with its states purpose(s) and mandate of the CHAMBER as set out in the PREAMBLE herein. i#. Permitting uses on or in the premises by the CHAMBER or other entities, or assigning all or part of the premises, without the specific written approval of the CITY. i+. Failure of CHAMBER upon reasonable request to permit the inspection of corporate books and records by CITY as provided herein. RIGHT OF RENEWAL: The CHAMBER is granted first option to renew the term of this ne gotiating a renewal Iease with the CHAMBER. The CHAMBER shall provide notice of to the end of the lease term. The rental term may be extended beyond this initial term term as the CITY deems as in its best interests. The lease renewal granted to CHAMBER shall not be unreasonably withheld by the CITY, unless the CHAMBER is in material breach of the lease terms, or dissolution of the CHAMBER by the State of the sole discretion of the CITY, that extension of the term is not in the best interests of the CITY. The lease term may be renewed for additional like terms, provided that CHAMBER is not in breach of any provision of the lease, including, but not limited to providing a value in services to the City, in an amount set forth herein. The determination of the value of services shall be in the sole discretion of the City. SURRENDER OF PREMISES. CHAMBER shall surrender the premises to CITY upon the earliest of the following: a. Upon any default by CHAMBER of any provision of this lease, within thirty (30) days of written notice thereof, subject to its right to cure any default. b. At the conclusion of the rental period hereunder. CURE OF DEFAULT. That CITY shall, prior to a formal declaration of default of the lease, provide to CHAMBER a period of time to address and cure any claimed default. That CHAMBER shall have a period of sixty (60) days from date of written notice to cure the claimed default to the satisfaction of the CITY. Such time may be extended in the sole discretion of the CITY. MEDIATION. In the event that the parties are not in agreement as to any claimed default by the CHAMBER in the performance of this lease and its terms, the parties, prior to any litigation, shall sit down and mediate the issues, in an attempt to resolve the dispute. The parties shall be represented at this mediation by the City administrator, one City Councilman, President or designee of the CHAMBER, and such other participants as they may agree. ASSIGNMENT. This lease is not assignable by CHAMBER without written permission of CITY; provision prohibiting sub-lease without CITY permission. 5 1 ' .., SEVERABILITY. If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. TERMINOLOGY. Whenever used herein, the terms "CITY" and "CHAMBER" shall be construed in the singular or plural as the context may require or admit. APPLICABLE LAW. This Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS. Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. TYPEWRITTEN OR HANDWRITTEN PROVISIONS. Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE. Time is of the essence in this agreement. FORBEARANCE NO DEFENSE. It shall not be a defense to termination of this lease that CITY has at one time agreed to forebear any right of CITY hereunder, or had allowed CHAMBER more time to comply with any term of this lease, or to pay rent, or any other courtesy granted to CHAMBER. ENTIRE AGREEMENT. The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. RECORDING DOCUMENT. This agreement may not be recorded in the public records, Okeechobee Florida. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. Witnesses as to CITY: Witnesses as to CHAMBER: 6 I I' :1 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared and to me personally known or identified to me by the following form of identification: , known to me to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. Witness my hand and official seal in the County and State last aforesaid this day of March 2012. Notary Public �. MEMORANDUM TO: City Council FROM: Devin Maxwell RE: Chamber Lease; Proposed Ordinance 1085 Dear Council Members, I am unable to attend the March 20 Council meeting, and I have provided the following for consideration regarding the above two items: Chamber The City, as the owner of the building, should approach the maintenance of the building, which is likely worth than $100,000.00,with the same care and practice, as it does to maintain and preserve the value of all its assets. The fact that the building was donated to the City should not be a factor in how it is maintained, and the fact that it is to be leased,should not cause the City to lessen the maintenance practices that it uses for its other structures. The City is the owner of a 2500 square foot office building situated on Flagler Park. The building has value, and is an asset of the City, regardless of whether the City expended funds for the initial capital improvement. At 27 years old, the building could reasonably be expected to be usable for many more years, if properly maintained. It is not uncommon for municipalities to lease building space to private businesses, and many of the cases that address commercial leases arise from leases between municipalities and private businesses. The starting point in determining the terms of the lease of the chamber building, are the commercial standards for the lease of office space between private enterprises. The current commercial leasing practices have evolved based on both economic considerations of the landlord and tenant, as well as practical considerations of what each party can reasonably be expected to do. A commercial landlord generally wants to recover all of the costs incurred in owning its commercial rental property- including acquisition costs, long term maintenance costs over the life of the structures, and annual "carry costs", including maintenance, taxes, insurance, and administrative or operating costs. The recovery of all such costs, is made through a Net Net Net ("triple net") lease. A commercial landlord customarily has a financial interest in maintaining the"shell" of its structure, which includes the exterior walls, exterior doors, windows, and roof, all of which keep the structure watertight. a. If the exterior is not properly maintained and kept watertight, the building will rapidly deteriorate, reducing its value, so the landlord does not want to place decisions on critical structural repairs, such as when and how to make them, in the hands of a tenant. b. If a structural item, such as a roof replacement is not handled carefully, a loss could occur during the replacement, such as exposing an open roof to weather, or loss could occur after, if the work is not performed according to standards. c. The major components of the shell have a life expectancy of 25-30 years, which is usually much longer than the lease term granted to tenants, so the maintenance and replacement of these items is usually unrelated to the tenant's use. d. If a tenant were responsible for replacement of major structural components, its interests would be in getting them done an inexpensively as possible, even if quality needed to be compromised,because the tenants concern over the longevity of the replacement,would not exceed its current lease term. e. A landlord would not be able to find a tenant willing to take on the financial responsibility of structural maintenance, when the timing of replacement, and costs thereof, is unknown to the tenant. The significant cost of roof and structural components cannot be recovered from a single tenant during a 3 to5 year lease term, and the cost of same is usually spread over the life expectancy of the item(ie; 25-30 years). To a lesser degree, the same logic is applied to major mechanical system components, such as air conditioning air handlers and condensing units, which have a life expectancy of 10-15 years. Tenants usually are required to pay for an annual maintenance plan, and when the servicer certifies that a repair cannot be made, or repair is not feasible, the landlord replaces the equipment. Generally, the point where mechanical systems (electrical,plumbing, HVAC) enter the interior of the structure is where the tenant's responsibility begins. As a practical matter, the landlord has access to the exterior of the building without interrupting the tenant's use, to maintain and make long term repairs, and the tenant can maintain the interior of the building, at reasonable cost, and consistent with tenant's use. The landlord, as owner of the building,usually wants to be responsible for maintaining insurance against loss of the structure due to fire and windstorm,because if there is a loss and no insurance, the loss could never be recovered from most tenants. In the case of the City-owned Chamber Building, there were negligible acquisition costs, and some of the customary carry costs are not applicable, such as property taxes, and still others may not be material, such as maintenance of the grounds, which is part of Flagler Park. Nevertheless, there are costs associated with the City owning the building, and those costs need to be recovered in some way. There seems to be an understanding that having a viable and effective Chamber of Commerce, has value to the City, given that the building was allowed to be constructed in the park, and given the prior lease for$1, and given the present lease that is contemplated. The question then may be: How can the value of having a viable and effective Chamber of Commerce be quantified, so that it can be compared to the maintenance and operating costs incurred by the City in providing the building? If the City receives a value from the Chamber of Commerce, which exceeds the carry costs of the building, is it necessary for the City to also recover rental payments from the Chamber? If the City receives a value from the Chamber of Commerce, which exceeds the carry costs of the building,is it necessary for the City to also recover other payments and maintenance commitments from the Chamber? Since the City's anticipated carry costs may be difficult to predict, and it can be assumed that fair market rental value will generally exceed carry costs of a given rental building, then FMV can be another benchmark to compare to the value received from the Chamber's services. If the 2500 square feet of office space has a fair market rental value of$15,000 to $25,000 per year,how does the lost rent revenue in giving the lease to the Chamber, compare to the value to the City, of the services provided by the Chamber? If the City were to perform the services to be provided by the Chamber, what would the cost to the City be, in performing such services, and how do those costs compare to the rental value given to the Chamber? Florida Statutes 166.021 (8)b,c and d,provide for a municipality to expend funds for economic development activities, and require a report to be submitted by the entity providing such services. The attached draft of the Lease Agreement incorporates standard commercial lease provisions, treats rent forgiveness as an expenditure of municipal funds for economic development, and incorporates the reporting requirements of F.S. 166.021. Proposed Ordinance 1085 Please consider all of the provisions of the attached two statutes, as well as the summaries of cases interpreting them, and give consideration to whether the proposed Ordinance 1085 constitutes an amendment to the City's charter. I believe that, arguably, it might, and given that the proposed ordinance places the replacement of a Council member in the hands of four Councilmen, rather than the electorate, that we should proceed very deliberately and cautiously before making this change. i . March 18, 2012 Okeechobee News 7 City could a pp rove lease of chamber building If you go .., By Pete Gawda for any major repairs.For the first 12 months will hold the first reading and set a final pub- Okeechobee Okeechobee C' Council Okeechobee News • of the lease, for any repairs over $500, the lic hearing date for ordinances dealing with What CRY city and the chamber would split the costs. the general employee/OUA, police and fire- When:6 p.m., March 20 After being vacant for many months the The chamber would take care of any repairs fighters pension plans.The council will also Where: City Council Chambers, chamber of commerce building could soon under $500 the first year and thereafter the hold the first reading and set a final public Okeechobee City Council, 55" S.e. be filled. On Tuesday night the Okeechobee chamber would be responsible for all main- hearing date for an ordinance which would Third Ave: City Council could give final approval to a tenance •and repairs on the building. adopt a policy and procedures for filling va- t lease agreement with the Chamber of Corn- A representative of Craig A. Smith Gov- cancies in office. merce of Okeechobee County.The proposed ernmental Services is scheduled to present a Also on the agenda is a medical director lease is for five years at$1 a month. Prior to report on the 2012 legislative session. agreement between the city an d Dr. J. Mi _' occupancy,the building would be inspected Turning to other business, the council chael Adelberg. all The mayor is scheduled to present the Livestock Market Report Award of Valor to Cody Beasley, Brandon t' Smith and Travis Mauldin for their heroic litIARCH 12& 13.2012 action in saving a person from drowning. n ;„ , � ,,;." In addition,the mayor is expected to pres- Sales: MONDAY SALE AT 12:00PM.«-TUESDAY SALE AT 11:00AM ent a Five-Year Longevity Service Award to Sales: COWS: M€kl€341 HEIFERS Cesar Romero and a Fifteen-Year Longevity Monday at 12 p.m. BREAKING $000 -: 91.{x} 150-200 m _ - Service Award to Tom Tanner. 7s - 200-250 240 215 - 245- Post your opinions in the Public Issues Forum at Tuesday at 11.a.m. CUITER www.newszap.com:Reporter Pete Gawda can CANNER 250-300 225 - 255 200 - 216 be reached at pgawda @newszap.com. Okeechobee 300-350 210 - 235 1130 200 350-400 200 - 218 175 - 145 la iiiii ISM — Livestock Market DULLS 400-40 190 -213 165 - 4130 qv U.S. 98 North, Okeechobee 1000-1500 94,00 w 98,00 450-500 180 - 195 156 - 175 }: , = (863) 763-3127 1500-200 98.00 - 107.00 550.600 165 - 173 145 - 152 , �_, 600-650 150 - 156- - - _ CLFS 354 571 150-200 --- - FARM & RANCH a" j � �z COWS 154 265 200-250 200 - 235 185 - 205 01ERS SIRS 45 28 250-300 200 -220 175 - 195 HFRS 4 12 300-350 180 -205 6b - 178 We can insure your farm property and pasture BULLS 10 25 350-400 170 - I95 150 - 170 liability: "A"rated companies. YR H 35 213 400-450 1 f - 1811 148 - 160. MIX �, Call us fora free quote. TOTAL. 698 929 BERGER INSURANCE Prices eased off a little this week, but none of us.are complaining with cattle breaking :�. SERVICES, INC. records this year Calves were$1-2 lower on#1 s and Plainer Calves Were off$3-4.Slaughter ' , 800 S.Parrott Ave.•Okeechobee cows&bulls were off about$1.Please get your cattle in by 2 or 3 p.m.;our numbers are Livestock show www.Bergerinsurance.com way down this time of the year.4 L Land&Cattle,Indiantown,topped the calf market with The FFA and 4=H Livestock Show E (866 763.641 a high of$2.90,bought by Foy Reynolds. Libby Thompson, Okeechobee,topped the cow and Sale was held last week at the market with a high of 97.00,bought by Dairymen. If you need some good 2 1/2 year old Okeechobee County Fair. j Angus Bulls,give us a call! Jeff MONTH TO MONTH LEASE AGREEMENT THIS AGREEMENT entered into this 1st day of October 2012 between the CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY (hereinafter"COC") and OKEECHOBEE MAIN STREET, INC., (hereinafter "OKMS"). TERMS AND CONDITIONS PREAMBLE THIS MONTH TO MONTH LEASE is for the specific purpose of use of the leased premises AT 55 S. Parrott Ave. for the OKEECHOBEE MAIN STREET, INC. organization and for no other purpose. As such, the mission, purpose and activities of the OKMS would include the following: 1_ The OKMS organization is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting festivals and the overall beautification of the City and County of Okeechobee 2_ The goal of OKMS is to promote the historical value and social welfare of the downtown area of the City of Okeechobee and to functionally promote festivals and celebrations associated with the historical aspects of the City. The corporation is authorized and empowered to do all things necessary to carry on and accomplish the purpose for which it is organized and chartered which are allowable by law. 3. Included in the general mission and goals of the OKMS would be to perform all those activities expected-of a traditional and viable main street. While the means and efforts used by OKMS to accomplish its goals are within the discretion of that organization, the main street organization has historically sponsored and promoted certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; National Day of the American Cowboy, and similar events that are designed to attract citizens and tourists to the City of Okeechobee. 4. That at all times during the terms of the lease OKMS shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the Division of Corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity_ TERM: The term hereof shall commence on the 1st day of October, 2012, and continue on a month by month basis unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. This lease is bound by the term length of the current lease with the City and the COG. RENT: OKMS will be responsible for 50% of all physical plant (water, waste disposal, electric, gas, if applicable, etc) on the first day of each month. OKMS will also pay half of the Page 1of5 yearly building insurance premium that the COC currently pays. This premium is due upon receiving notice from COC. If in the future additional administrative needs arise, OKMS and COC will negotiate the associated costs. OKMS agrees not to hold the COC responsible for any delay in the installation of, telephone and internet service, or gas, or any meters therefore, or interruption of the use and services of such commodities. Future additional costs (building maintenance, signage, etc) which may occur will be equally allocated between COC and OKMS. CONDITION OF PREMISES AND REPAIR: OKMS hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. OKMS will, at the end of the Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS: Any type of enhancement to the property must first be presented to the COC Board of Directors and, if approved, (dependent on the type of enhancement) must be concurred with by the City. Any improvements requested by OKMS,shall inure to the benefit of, and become the sole property of, the COC upon termination of this lease. INSURANCE: OKMS is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event,function or use made by OKMS, and shall hold CITY and COC, its heirs and assigns, harmless therefrom, and indemnify CITY and COC, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not, waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. OKMS shall maintain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the COC and the CITY as additional insured there under to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of OKMS. DESTRUCTION OF PREMISES: If the premises are improved, and in the event that the premises are destroyed or so damages by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the OKMS shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon OKMS would forfeit all rents to date, but not be liable for any further rental hereunder; (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for OKMS purposes. USE OF PREMISES: OKMS will be allotted one office for their sole use and reasonable storage space in the building with the additional office being for the use of the COC. To avoid conflict, OKMS will need to reserve the conference room in writing with the Administrative Assistant of the COC. If prior arrangements have not been made, COC use of the conference room takes precedence. Page 2 of 5 TAXES: Any taxes or any other assessment caused by OKMS use of the property as a non-profit enterprise shall be the sole responsibility of OKMS, who shall hold the COC harmless therefrom, and indemnify COC, including attorney's fees and costs. The OKMS shall promptly forward to the COC any State or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. Confidential Information: It is understood and agreed that confidential information is stored within the confines of the Chamber office. This information is secured from the public due to the level of information associated with the perspective client. To continue to ensure the protection of such information and to preserve the confidentiality necessary under the agreement between the Chamber and the client, OKMS will not have access to these or any other files deemed confidentiality and any other information covered under the respective client agreement with the Chamber. If OKMS is accidently exposed to any information marked Chamber confidential, then OKMS should maintain the confidentiality of said information within their organization. OKMS will be required to sign the Chamber's confidentiality agreement which will cover all of the above and can be amended as required. EQUIPMENT: The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture, and the property of COC upon the OKMS vacating the premises. UNLAWFUL USE: OKMS shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for OKMS business uses. GENERAL CONDITION OFPREM..LSES: OKMS shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or State statutes. Any type of enhancement to the property must first be presented to the COC Board of Directors and, if approved, (dependent on the type of enhancement) must be concurred with by the City. PERSONALTY: Any property of OKMS remaining on or within the leased premises ninety (90) days after termination of this lease may be disposed of by COC either by (a) selling the property to offset monies owed by OKMS under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of COC; all without any claim therefore by the OKMS. OKMS PROPERTY: OKMS assumes all responsibility for theft or damage to all personal property of OKMS or guests stored or used on premises and releases COC from any and all liability therefore. DEFAULT IN RENTALS: If OKMS shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in the manner required by law, the COC, at its option, may terminate all rights of OKMS hereunder, including retaining any advance deposits, unless OKMS, within said three days, shall cure such default. NOTICES: Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre-paid, to OKMS at the premises or to COC at the address where the monthly payments of rent are made. Page 3 of 5 DEFAULT: COC may, at its sole discretion, declare this lease in default for any of the following: a. Failure by OKMS to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the State of Florida Division of Corporations b. Failure to pay rent when due as set out above c. Failure by OKMS to maintain all required permits, licenses, insurance and maintenance at the premises d. Failure to continually and daily operate as a Main Street entity, including holding regular memberships meetings e. Failure to keep all taxes, assessments paid up to date with any local, state or federal agency f. At any time, upon five(5).days advance notice, in the event OKMS has caused or permitted, damage or destruction of the premises g. Failure of OKMS to comply with its stated purpose(s) and mandate of the OKMS as set out in the PREAMBLE herein. h. COC reserves the right to terminate the lease with or without cause by giving a 90 day notice of termination to OKMS SURRENDER OF PREMISES: OKMS shall surrender the premises to COC upon the earliest of the following: a. Upon any default by OKMS of any provision of this lease, within thirty (30) days of written notice thereof, subject to cure any default b. At the conclusion of the rental period hereunder. CURE OF DEFAULT: That COC shall, prior to a formal declaration of default of the lease, provide to OKMS a period of time to address and cure any claimed default. That OKMS shall have a period of ninety (90) days from date of written notice to cure the claimed default to the satisfaction of the COC. Such time may be extended in the sole discretion of the COC as they may agree. SEVERABILITY: If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. APPLICABLE LAW: Th Lease Agreement is to be construed according to the laws of the State of Florida. venue being Okeechobee County, Florida. CAPTIONS: Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE: Time is of the essence in this agreement. ENTIRE AGREEMENT: The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. Page 4 of 5 AS TO THE OKMS: Date: /6 -/ Maureen Burroughs- President ,1 r "_ -. - (,; John Creasman-Vice President AS TO THE COC Date: /0 /it itness Signature J ixon, Pr- ' Printed Name Cg/i, A-fr— / 1.,/ Address: Robert Lee, Secretary Page 5 of 5 SEPTEMBER 4,2012•REGULAR MEETING&FIRST BUDGET HEARING-PAGE 5 OF 11 1(Y AGENDA COUNCIL ACTION-DISCUSSION-VOTE VII. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No.12-07,revising and Council Member Watford asked whether WM was utilizing alternative methods for energy efficiency. Mr. Sabin adopting Commercial Rates and Fees for Solid Waste Collection answered they are using Compressed Natural Gas to refuel some of their fleets. They began the change out in continued. California.The difference in using compressed natural gas over diesel offers WM to be more consistent with the fuel surcharge and keeps them more competitive.Mr.Sabin also responded yes to the question,when fuel prices go down will the City's rates drop as well. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS•YEA MOTION CARRIED. B. Motion to approve the revised Engineering Services Contract with Council Member O'Connor moved to approve the revised Engineering Services Contract with Culpepper and Culpepper and Terpening,Inc.in the amount of$37,735.00 for the Terpening,Inc.in the amount of$37,735.00 for the CDBG FY 2011 Economic Development Grant No.12DB-OH-07- CDBG FY 2011 Economic Development Grant No.12DB-OH-07- 57-02-E08;seconded by Council Member Williams.There was a brief discussion on this item. 57-02-E08-City Attorney(Exhibit 3). VOTE KIRK•YEA MAXWELL-YEA O'CONNOR-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED C. Motion to approve a Lease Agreement between the Chamber of Council Member O'Connor moved to approve a Lease Agreement between the Chamber of Commerce of Okeechobee Commerce of Okeechobee County and Okeechobee Main Street, County and Okeechobee Main Street,Inc;seconded by Council Member Williams. Inc.-City Attorney(Exhibit 4), Mr.Terry Burroughs,Vice President of the Okeechobee County Chamber of Commerce,was present to address any questions and reassured the Council that there are no conflicts between the two organizations for hours of operation and there is ample office space for both organizations. The agreement is on a month-to-month basis. Council highlighted,this should be a"win-win"situation for the community to have one convenient location. VOTE KIRK-YEA MAXWELL-YEA O'CONNOR•YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. Exhibit 4 Sept 4• 2012 MONTH TO MONTH LEASE AGREEMENT THIS AGREEMENT entered into this day of September 2012 between the CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY (hereinafter"COC") and OKEECHOBEE MAIN STREET, INC., (hereinafter "OKMS"). TERMS AND CONDITIONS PREAMBLE THIS MONTH TO MONTH LEASE is for the specific purpose of use of the leased premises AT 55 S. Parrott Ave. for the OKEECHOBEE MAIN STREET, INC. organization and for no other purpose_ As such, the mission, purpose and activities of the OKMS would include the following: 1_ The OKMS organization is a not for profit entity established by concerned citizens and businesses for the primary purpose of promoting festivals and the overall beautification of the City and County of Okeechobee 2. The goal of OKMS is to promote the historical value and social welfare of the downtown area of the City of Okeechobee and to functionally promote festivals and celebrations associated with the historical aspects of the City. The corporation is authorized and empowered to do all things necessary to carry on and accomplish the purpose for which it is organized and chartered which are allowable by law. 3. Included in the general mission and goals of the OKMS would be to perform all those activities expected of a traditional and viable main street_ While the means and efforts used by OKMS to accomplish its goals are within the discretion of that organization, the main street organization has historically sponsored and promoted certain annual civic events which would be expected to continue, such as Speckled Perch Festival, Labor Day Festival; Christmas and Holiday events; National Day of the American Cowboy, and similar events that are designed to attract citizens and tourists to the City of Okeechobee. 4. That at all times during the terms of the lease OKMS shall be maintained as a viable organization, with consistent membership, a daily presence on the leased premises, regular meetings, continued registration with the Division of Corporations for the State of Florida, maintaining regular records, and generally continually operating as a business entity_ TERM: The term hereof shall commence on the _day of September, 2012, and continue on a month by month basis unless earlier modified or terminated by renewal, by eviction, or by further agreement of the parties, whichever first occurs. This lease is bound by the term length of the current lease with the City and the COC. RENT: OKMS will be responsible for 50% of all physical plant (water, waste disposal, electric, gas, if applicable, etc)on the first day of each month. OKMS will also pay half of the Page 1of5 .. Iy yearly building insurance premium that the COC currently pays. This premium is due upon receiving notice from COC. If in the future additional administrative needs arise, OKMS and COC will negotiate the associated costs. OKMS agrees not to hold the COC responsible for any delay in the installation of, telephone and internet service, or gas, or any meters therefore, or interruption of the use and services of such commodities. Future additional costs (building maintenance, signage, etc) which may occur will be equally allocated between COC and OKMS. CONDITION OF PREMISES AND REPAIR: OKMS hereby accepts the premises in the condition that they are in at the beginning of this Lease and agrees to maintain said premises in the same condition, order, and repair as they are in at the commencement of this Lease, excepting only reasonable wear and tear arising from the use thereof under this Lease Agreement. OKMS will, at the end of the Lease, surrender and deliver up the premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. IMPROVEMENTS: Any type of enhancement to the property must first be presented to the COC Board of Directors and, if approved, (dependent on the type of enhancement) must be concurred with by the City. Any improvements requested by OKMS,shall inure to the benefit of,and become the sole property of, the COC upon termination of this lease. INSURANCE: OKMS is liable for any and all claim, action, suit or other demand for death, personal injury, property/casualty loss, environmental claim, or any incidental loss which may occur, or claimed to have occurred on or in the premises, or wherever occurring if arising out of the use of the premises, or arising out of any event,function or use made by OKMS, and shall hold CITY and COC, its heirs and assigns, harmless therefrom, and indemnify CITY and COC, including all attorney's fees and costs incurred in such action. That by virtue of this lease, it shall not be implied or construed, and the CITY shall not, waive any rights or privileges inuring to the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity. OKMS shall maintain liability and errors/omissions insurance coverage to protect itself against such claim or injury in the minimum sum of $1,000,000 per person/$1,000,000 per occurrence and name the COC and the CITY as additional insured there under to the extent permitted by the policy. Any insurance for contents or personalty on the premises is at the discretion of OKMS. DESTRUCTION OF PREMISES: If the premises are improved, and in the event that the premises are destroyed or so damages by fire or other unavoidable casualty so as to be unfit for occupancy or use, then the OKMS shall have the ability to exercise one of the following options: (1) Terminating said lease, whereupon OKMS would forfeit all rents to date, but not be liable for any further rental hereunder, (2) continue to use the premises if practical, with rent adjusted by agreement of the parties if the property is less than fully habitable or useful for OKMS purposes. USE OF PREMISES: OKMS will be allotted one office for their sole use and reasonable storage space in the building with the additional office being for the use of the COC. To avoid conflict, OKMS will need to reserve the conference room in writing with the Administrative Assistant of the COC. If prior arrangements have not been made, COC use of the conference room takes precedence. Page 2 of 5 1 TAXES: Any taxes or any other assessment caused by OKMS use of the property as a non-profit enterprise shall be the sole responsibility of OKMS, who shall hold the COC harmless there from, and indemnify COC, including attorney's fees and costs. The OKMS shall promptly forward to the COC any State or Federal tax notice that pertains to delinquency, assessment or other penalty proposed against the entity or property. Confidential Information: It is understood and agreed that confidential information is stored within the confines of the Chamber office. This information is secured from the public due to the level of information associated with the perspective client. To continue to ensure the protection of such information and to preserve the confidentiality necessary under the agreement between the Chamber and the client, OKMS will not have access to these or any other files deemed confidentiality and any other information covered under the respective client agreement with the Chamber. If OKMS is accidently exposed to any information marked Chamber confidential, then OKMS should maintain the confidentiality of said information within their organization. OKMS will be required to sign the Chamber's confidentiality agreement which will cover all of the above and can be amended as required. EQUIPMENT: The parties acknowledge that certain equipment may be installed or used on the premises; any personal property or equipment affixed to the premises by the use of bolts, screws, glue or fastening devise shall be considered a fixture, and the property of COC upon the OKMS vacating the premises. UNLAWFUL USE: OKMS shall make no unlawful use of the premises, or permit such use to occur, and use the property solely for OKMS business uses. GENERAL CONDITION OFPRErJ.SES: OKMS shall keep the premises clean, picked up, painted, orderly, and not in violation of any City or County codes or State statutes. Any type of enhancement to the property must first be presented to the COC Board of Directors and, if approved, (dependent on the type of enhancement) must be concurred with by the City. PERSONALTY: Any property of OKMS remaining on or within the 'leased premises ninety (90) days after termination of this lease may be disposed of by COC either by (a) selling the property to offset monies owed by OKMS under this lease; (b) disposing of the property at the landfill; or (c) retaining such property for the sole use of COC; all without any claim therefore by the OKMS. OKMS PROPERTY: OKMS assumes all responsibility for theft or damage to all personal property of OKMS or guests stored or used on premises and releases COC from any and all liability therefore. DEFAULT IN RENTALS: If OKMS shall fail to pay rent when due, or perform any term hereof,after not less than three (3) days written notice of such default given in the manner required by law, the COC, at its option, may terminate all rights of OKMS hereunder, including retaining any advance deposits, unless OKMS,within said three days, shall cure such default. NOTICES: Any notice which either party may or is required to give, may be given by mailing the same by certified mail, postage pre-paid, to OKMS at the premises or to COC at the address where the monthly payments of rent are made. Page 3 of 5 DEFAULT: COC may, at its sole discretion, declare this lease in default for any of the following: a. Failure by OKMS to comply with each and every term herein, including but not limited to continually maintaining an active registered nonprofit corporate status with the State of Florida Division of Corporations b. Failure to pay rent when due as set out above c. Failure by OKMS to maintain all required permits, licenses, insurance and maintenance at the premises d. Failure to continually and daily operate as a Main Street entity, including holding regular memberships meetings e. Failure to keep all taxes,assessments paid up to date with any local,state or federal agency f. At any time, upon five(5)days advance notice, in the event OKMS has caused or permitted,damage or destruction of the premises g. Failure of OKMS to comply with its stated purpose(s) and mandate of the OKMS as set out in the PREAMBLE herein. h. COC reserves the right to terminate the lease with or without cause by giving a 90 day notice of termination to OKMS SURRENDER OF PREMISES: OKMS shall surrender the premises to COC upon the earliest of the following: a. Upon any default by OKMS of any provision of this lease, within thirty (30) days of written notice thereof, subject to cure any default b. At the conclusion of the rental period hereunder. CURE OF DEFAULT: That COC shall, prior to a formal declaration of default of the lease, provide to OKMS a period of time to address and cure any claimed default. That OKMS shall have a period of ninety (90) days from date of written notice to cure the claimed default to the satisfaction of the COC. Such time may be extended in the sole discretion of the COC as they may agree. SEVERABILITY: If any part of this Lease Agreement shall be construed to be unenforceable, the remaining parts shall remain in full force and effect as though any unenforceable part were not written into this Lease Agreement. APPLICABLE LAW: Th's Lease Agreement is to be construed according to the laws of the State of Florida, venue being Okeechobee County, Florida. CAPTIONS: Captions and headings in this Lease Agreement are for convenience only and shall not be relied upon in construing the meaning of this Lease Agreement or any of its provisions. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, either as additional terms and conditions or alterations to existing terms and conditions, shall control all printed provisions in conflict with them. TIME OF ESSENCE: Time is of the essence in this agreement. ENTIRE AGREEMENT: The foregoing constitutes the entire Agreement between the parties and may be modified only by a writing signed by both parties. Page 4 of 5 M t • AS TO THE OKMS: Date: Maureen Burroughs-President John Creasman—Vice President AS TO THE COC Date: Witness Signature J.D. Mixon, President Printed Name: Address: Robert Lee,Secretary Page 5 of 5 _)i3}1;1 10M -eCn Cr elo SO, , I at a t)t.4-5 ' August 30, 2012 MEMO re: Use of Chamber building Issue: permitting the chamber of commerce to use a portion of the chamber building for other civic organizations. As you all know, Col. Hamrick deeded the chamber property to the City of Okeechobee in 1953, and a copy of that language is attached. The language that states "this deed is given as a permit to erect a chamber of commerce, to be used for no other purpose" would be considered a restrictive covenant under the law. This is different from a right of reverter. In a covenant, the use of land is restricted to a certain defined use, and if that covenant is violated, the original grantor, or heirs, can enforce that covenant by court injunction. In a right of reverter, title to land can actually revert to the grantor or his heirs, upon the happening of a defined event set out in the deed. The Hamrick deed contains no express or implied language that would cause title to the land to revert to the trust, therefore, if the trust were to construe the leasing of the chamber property to another tenant a violation of the deed covenant, their recourse would be the injunction. However, where there is no duration of time placed on the restrictive covenant, as here, the courts could determine it lapses after a"reasonable"passage of time, and the City could raise this as a defense and request the court to remove this restriction from the property. Additionally, as the City previously permitted the Tourist Development Board to occupy the chamber building, with full knowledge by the trust, it could be a defense that the trust has waived their right to try to enforce the covenant. Lastly, the proposed use by Okeechobee Main Street, is in reality very little different from the functions of a traditional chamber of commerce. (definition and article attached), so another defense would be that this use in no way violates the restrictive covenant in any event. It is my opinion then, that if the City wishes to permit Okeechobee Main Street to occupy the chamber building, we are free to do so regardless of any objection from the trust. John R. Cook City Attorney R. E. Hamrick and Annie Deed Book 57, Page 462 B. Hamrick, his wife, Quit-Claim Deed to Dated June 19, 1953 City of Okeechobee Filed June 22, 1953 $1.00 • Remise, release and quit-claim: That part of Flagler Park in City of Okeechobee Bounded on North by North Park St; on West by Parrot Ave; on South by South Park St on East by Tallahassee St. Recites: (This deed is given as a permit to erect a Chamber of Commerce building in said park and for no other purpose. Said building not to be used for any other purpose) Signed and Sealed. Two witnesses. Acknowledged before the County Judge, Okeechobee County, Florida. Official Seal. ' American Chamber of Commerce Executives - What is a Chamber Pal4 of 3 What is a Chamber • Chambers of Commerce: The Basics Misconceptions abound regarding many brands,products and organizations.When it comes to the term"chamber of commerce,"confusion and erroneous assumptions are even more likely,even though almost everyone has heard of the term.The lack of understanding is in large part self-inflicted because chambers in various towns,cities, regions,states and even nations focus on different things and actually operate in different ways.A chamber of commerce primer may be helpful.What follows is a"living"document produced by the American Chamber of Commerce Executives staff.It will be adapted based on input from chambers and others.(Version V, 11/2/09) D:vr;fOa, this 0 S:„:- Definition A chamber of commerce is an organization of businesses seeking to further their collective interests,while advancing their community,region,state or nation.Business owners in towns,cities and other territories voluntarily form these local societies/networks to advocate on behalf of the community at large,economic prosperity and business interests.Chambers have existed in the US for more than two centuries,with many having been established before the jurisdictions they represent.A business-led civic and economic advancement entity operating in a specific space may call itself any number of things-board of trade,business council,etc.-but for the purposes of this primer,they are all chambers of commerce. Chamber missions vary,but they all tend to focus to some degree on five primary goals:Building communities (regions/states/nations)to which residents,visitors and investors are attracted;Promoting those communities; Striving to ensure future prosperity via a pro-business climate;Representing the unified voice of the employer community;and Reducing transactional friction through well-functioning networks.Chambers have other features in common.Most are led by private-sector employers,self-funded,organized around boards/committees of volunteers and independent.They share a common ambition for sustained prosperity of their community/region,built on thriving employers.Most are ardent proponents of the free market system,resisting attempts to overly burden private sector enterprise and investment. Local businesses are voluntary paying members of a chamber(non-profits,quasi-public and even public sector employers also sometimes pay dues to belong).The membership,acting collectively,elects a board of directors and/or executive council to set policy for,and guide the workings of,the chamber.The board or executive committee then hires a chief executive(various titles),plus an appropriate and affordable number of staff to run the organization. In the majority of countries,the use of the term"chamber of commerce"is regulated by statute,though this is not the case in the US.Only trademark,copyright and domain name rules protect a chamber's identity-only state corporation law defines their existence and reason for being.White most chambers work closely with government, they are not part of government although many consider the process of appropriately influencing elected/appointed officials to be one of their most important functions. Currently,there are about 13,000 chambers registered in the official Worldchambers Network registry.There are roughly 3,000 chambers of commerce in the US with at least one full-time staff person and thousands more established as strictly volunteer entities. Membership Under the private,volunteer membership model,which exists in the USA and many other nations,companies are not obligated to become chamber members.Membership rolls in a given North American chamber can range from a few dozen firms to more than 20,000,so there is no real"average"or typical chamber of commerce. Chambers do not operate in the same manner as a Better Business Bureau or trade association,which can bind its members under a formal operations doctrine(and,thus,can remove them).Businesses and other employers pay dues to belong and expect to receive the benefits of membership as long as they continue to invest in the organization.They usually accept any reputable business as a member,though dues investment schedules can sometimes result in intended or unintended exclusivity. It is important to note that in most cases it is the company that is the member,not an individual.A member company is then encouraged to involve numerous senior level employees in the work of the chamber.While five, ten or more individuals from a given company will identify themselves as"members"of the chamber,only the organization they work for is counted when a chamber states its size.A company is free to join(pay dues to) multiple chambers and many mid-size to large firms do so(especially neighbors),in order to further advance their companies'market or policy interests. Dues amounts are typically determined by the size of the member company(employee count or annual revenue), rather than by the number of people engaged in the chamber from that company.Some chambers have adopted pay -as-you-go or funding models based on specific categories or quantity of services provided to member companies. Occasionally,chambers will"bundle"memberships,allowing a single dues investment in one organization to qualify a company for membership in a group of chambers.This is sometimes referred to as"federation"membership and it can even extend to the national level. Service Territory The geography of any one chamber of commerce-often referred to as"service territory"-is seldom defined by any political or legal jurisdiction.More Likely,the territory is defined by the catchment area of a chamber's membership.The locations of the businesses that compose the membership tend to define the chamber's footprint and"claim"to a territory.Adjoining organizations often establish format or informal understandings about borders. Minority chambers-Hispanic,African-American,Asian-exist in many larger markets.Women's chambers,gay chambers,German heritage and other demographically focused business groups have been established around the country. While a chamber's name(trademarked)is usually drawn from its approximate territory(The Greater Lehigh Valley Chamber,or the Chicagoland Chamber),there are no rules governing the number of business-led economic http://www.acce.org/whatisachamber/ 8/14/2012 American Chamber of Commerce Executives - What is a Chamber Page of 3 advancement groups(chambers)that may exist in,or serve,a given plot of land.Just within the city limits of ?A Chicago,there are more than 20 chambers of commerce and similar organizations.Even where a county or regional U�{, chamber has been incorporated and established over generations,there may be dozens of local and town chambers ©Certify operating independently within that same turf. Register riow Why are there so many chambers?Historical circumstances,population fluctuations,differing ambitions and the needs of employers have all played a role in the formation of chambers.At the time many chambers were FREE Webcast Series! established,geographic isolation underscored the need for separate organizations to represent local business and SKr ,s•(-{{ {, .; community issues.While developments in infrastructure,transportation and communications over the past century Tric have better linked businesses with their peers in neighboring communities and even foreign countries,the chambers that represent those businesses have remained viable and vital institutions.Without a valid purpose,chamber's .t.©fftce, lii boards,members and funders would have abandoned them long ago. • As suburban and exurban populations blossomed,new chambers sprung up to promote the interests of business in those communities.In some cases,a crisis such as a hurricane,or an opportunity,like attracting a rail connection dsaC:h 5arndes Library I f' t r i)irea c.ri I or promoting an airport expansion,has led to the formation of a chamber that remains viable for decades.New •oir ner Cirea')R I Convent on Re is':.rd ration ;ra+f chambers have also been formed out of disagreements or disgruntlement about the direction,position or focus of Co:f acts 140'(kt Quest i ins I S„b?ro,,r)s?t an existing chamber. S''lr0 P.iG9PAY �t10 s . ' Like other businesses,chambers also dissolve and merge based on economic or other conditions.Both the economic CORPORATE TE SIsoNSORS recession and increased focus on regionalism appear to be driving increased examination of the benefits of mergers. Relationships The chambers in the US and Canada are not bound together under contracts or government regulations.There is no chapter or franchise arrangement between or among them.There can be very strong relationships between neighboring organizations,but those relationships are voluntary and informal rather than required or written. Chambers interact with each other across the nation and the globe-many even maintain formal memberships in other chambers-but the network is informal.In the chamber world,nobody is"in charge”of anybody;a local chamber does not answer to a state or national chamber. Local chambers are often,but not always,paying members of their state and national chambers of commerce.This connection is one of voluntary membership and does not extend to control or governance.A significant number of chamber executives also choose to join professional associations of their peers,such as the American Chamber of Commerce Executives,the Western Association of Chamber Executives,State Chamber Executive Associations,or the World Chambers Federation.These memberships are for professional development purposes similar to those of any trade association and,once again,the relationships do not involve the abdication of self-determination. Policy independence and Cooperation The most difficult aspect for the general public,media,government officials and even some businesses to understand is that there is literally no inherent hierarchical structure in the chamber world.This can be extremely confusing to those who naturally assume that a few thousand entities sharing the same name must be related and that some ordered lineage must exist among them.That is simply not the case in the US.When business and economic policy priorities align,which is usually the case,chambers of all sizes attempt to work together and speak with a unified voice.Inevitably,conflicting positions will arise about some issues,or about strong positions(or lack thereof)of chambers at various levels. To illustrate:The head of a community-based organization like a retired citizen group may wrongly assume that a position taken by a state chamber is shared and endorsed by their local chamber.Likewise,a large metropolitan chamber of commerce could take a strong position in favor of an infrastructure project or educational reform initiative,which will not be embraced or supported by suburban chambers operating within the same metro region. Or,a coalition of chambers might unite under the leadership of the United States Chamber(the national business advocacy organization representing hundreds of thousands of member corporations)to advocate for/against a bill affecting border crossings,but the coalition may include only a few dozen of the thousands of chambers in the US.Any individual chamber may take a very visible,contradictory stand on that same international visitor policy. On certain issues at certain times,the US Chamber can organize thousands of its member chambers and associations into a unified grassroots lobbying force.Many chambers have also voluntarily entered into a"Federation" relationship with the United States Chamber,which involves more consistent engagement in federal policy activities by both the local chamber and its members. Since businesses are not required to join a chamber(penetration levels vary widely),and because territories overlap,it can be difficult for any one organization,regardless of size,to state that it"speaks for business,"but they do.They earn that privilege by attracting numerous and large heterogeneous employers to their membership and leadership,as well as by utilizing their collective voice on meaningful policy initiatives.In general,the smaller the chamber(and community it represents),the less active the organization will be on the policy/advocacy front.Even small organizations,however,take stands on regional issues ranging from school funding to road development. The processes of choosing and articulating specific policy positions vary by organization and issue.For the most part,a vote(or expression of consensus)of a chamber board of directors determines the stand to be taken in the name of that chamber on any issue.In recent years,with the increased involvement of public sector and non-profit employers in chambers,consensus-building has become more difficult at all levels.Chamber boards are independent,but they usually take into account the recommendations of state and national organizations when larger issues are considered. The US Chamber and state chambers provide local counterparts with extensive background and adaptable sample documents.Local chambers then debate,adopt,adapt or reject the larger entities'recommendations.Likewise, local,regional and state chambers express their opinions about legislation specific to them,in hopes that their • views will be shared,embraced and supported by others.The American Chamber of Commerce Executives provides access to a Policy Clearinghouse,which enables member chambers to share knowledge about state and local public policy issues and strategies being employed in various regions to deal with those issues. Because the chamber world is not structured around an affiliate or chapter model,such disagreements cannot be solved by a controlling authority.Sometimes the disagreements cause destructive friction which results in bonds between chambers being broken.More often,chambers issue differing position statements and agree to disagree, knowing that the opportunity for cooperation on future issues will be critical for them all. http://www.acce.org/whatisachamber/ 8/14/2012 ' • American Chamber of Commerce Executives - What is a Chamber Page 3 of 3 ego Structure P�S Chambers of commerce in the US operate almost exclusively as non-profit entities known as 501(c)(6) corporations.Unlike charities,these 501(c)(6)non-profits have the authority under state and federal tax rules to represent their members in public policy debates.They may lobby and take positions on actual or proposed legislation,subject to local,state and federal laws.Chambers may legally endorse candidates for public office and/or ballot propositions(but most do not).The use of general fund revenues for chamber political and Lobbying purposes is strictly regulated.The chief executive or another member of the staff is sometimes a state-registered lobbyist.The portion of any member's dues investment allocated to direct lobbying is not deductible as a business expense. Chamber business models and organizational missions vary significantly.Some chambers may offer services and products that appear to compete with businesses operating within their own territories.One group of chambers may affiliate with a service provider to offer discounts or other benefits to chamber members(from low-cost office products to health insurance),while another group aligns with a completely different vendor.As a rule,larger chambers tend to rely less on membership dues revenue than their smatter counterparts.About one-third of the chambers of commerce in the US also include economic development corporations and/or tourism and visitors bureaus.Virtually all chambers have revenue sources other than dues;event income is the most common. Although a chamber is a non-profit entity under federal tax law,such a 501(c)(6)is free to undertake supporting business activities(referred to as"unrelated business income)-publishing,trade shows,insurance programs, etc.In many cases,these activities are subject to business income taxes. Many chambers establish charitable/educational foundations,known as 501(c)(3)corporations,to support specific, eligible parts of the chamber's agenda.The allowable purposes and rules related to such supporting foundations are different than those that have been established for 501(c)(6)organizations. (NOTE:In a few cases,for-profit chambers have been established in some communities.These business ventures are routinely shunned and fought by traditional non-profit chambers.) The largest metro or state chambers may employ up to 100 people.The vast majority,however,have staffs numbering fewer than five and budgets under half a million dollars.Chamber professionals serve in jobs covering most of the disciplines found in other small businesses-communications,finance,marketing,customer service and event planning.Some chambers specialize in certain activities,such as economic development,tourism,research, and/or advocacy.Some provide staffing and management to development-related government agencies on a contract basis. If You've Seen One... The term"chamber of commerce"is one of the oldest and most well-recognized brands in the world,but there is significant public misunderstanding of its meaning.There is an old adage in the chamber world:"If you've seen one chamber,you've seen one."Others who find themselves frustrated with a desire to apply universal truths to chamber of commerce models point to the Chinese parable of the seven blind men touching different parts of an elephant and coming away describing it differently("It's a snake...no it's a tree...no it's a brush on a rope.. .").In all cases,the whole of a chamber of commerce is greater than the sum of its parts,programs,people and participants. Additional Notes on International Chambers In many countries around the world,membership in the chamber of commerce is mandatory under national laws, with fees collected under some part of the business permit or taxation process.These organizations are referred to as"public law"chambers.Many of them boast memberships in hundreds of thousands,since literally all Legitimate businesses must belong.Chambers in the UK,Canada,Australia and Eastern Europe tend to operate on a voluntary membership basis like the US.In the European Union and much of Asia,public law chambers are more prevalent The government advocacy activities of these chambers are,of course,substantially different than those in the US, but many of the issues addressed by these public taw chambers would seem familiar to chambers of commerce in North America-i.e.:workforce,infrastructure,economic development,education,community image,etc.The issues are similar,but the business models are dramatically different,since they have government-sanctioned status,rather than corporate identities. Many chambers around the globe belong to regional associations such as Eurochambres or the Mediterranean Chambers of Commerce.The World Chambers Federation ties a few thousand chambers from around the world together into one loose association,which operates under the auspices of the International Chamber of Commerce in Paris.The WCF meets every other year for a World Chambers Congress. Entities nicknamed"Am-Chams"exist in many large markets around the world-i.e.:The American Chamber of Commerce of Singapore,or the Egyptian Am-Cham.These organizations involve the American companies operating in these locales,as well as the local firms doing business with US firms.They focus on trade issues,but also on regulatory climates in the host countries. flit; Acc Act r i;f aHresa > ,? y. Constant Contact �A NA4P::CHAMIttg J�f pgD4q AA1 #` ��,�j,��j membership, illa//iraus lt- Office DEPOT http://www.acce.org/whatisachamber/ 8/14/2012 z ew+1��`•/ �IS� /1_01v, Cc t f M *4 °�A 5�� O 'i'l'ickt,!2;,''''''''-'4P!: ..,,i',.';-,4,44,ftql,2e'44:iv tt 4',-;.,,Lf;.7',4'' o etrol, 1 i ems ,, { /'{ ,3a ,/0 c73 3`` r�= i da'�. Y sr ,i5' 1 Agenda ,.., 1 Purpose of Request Advantages a. Collective Objectives 4 Lease Agreement Details ,-. ry mF„ ry i Chamber r of ecciettn 4f1 `"' Purpose of Request ,„ ___ „. _ __,_,_,._,_ 71=1,14_--. '::".. 4 • The Chamber of Commerce of Okeechobee County is submittin a submitting request to the City to allow Okeechobee a Main Street, Inc. to occupy space ace in the Chamber building ,gyp` Chamber of Commerce s)l'Clkeecko6ee Coun ,.. Advantages Provides a single location for tourists, new/existing businesses and individuals to retrieve desired 1 information about County and City or events g Having the opportunity to be co-located creates cohesiveness in the working relationship between the organizations to better serve the community in various capacities Co-location reduces the operating costs to both organizations .Fib Chamber of Commerce `'? of Likeeckok'ee Coun ?x Ai*tire* Collective Objectives Chamber of Commerce of Okeechobee Main Street Inc Okeechobee County t 1 . Attract targeted industries to enhance the i i 1 . Historical preservation of our tax base for our community i I culture and community 2. Work with State agencies in the 2. Promotion of the community via development of an economic policy festivals and various events 3. Support start-ups and entrepreneurial 3. Development and implementation growth, as well as current businesses 1 of cultural arts programs for the 4. Educate local merchants on various community i marketing tools to assist with their every c.: 1 4. Develop and implement day business needs i i beautification programs for the 5. Promote the area and attract visitors community t . p fig` o Cha ber of Commerce l eee6o6ee COun l�l .411 mow.,".. Lease Agreement Components Lease will be constructed using a month by month lease. Main Street will pay 50% costs of the Chamber's physical plant costs. Main Street will be responsible for • their own telephone and Internet service costs ,m Main Street will pay 50% costs of building insurance . Additionally, Main Street will share costs on any 3 future operating costs it Main Street will maintain general liability and officers and directors insurance in amount $1M per incident 4 per person. Main Street will name the City and the Chamber as additional insurers on their policy Future additional costs (building maintenance, signage, etc) which may occur will be equally allocated t , between COC and OKMS. ' Main Street will be soley responsible for all their respective taxes (Federal, State, Local) Chcn /16er of//C� ornrnerc�e t 11, THANK YOU ! (hanber of Commerce , a � eec6o6ee County June 8, 2012 Gil Culbreth 3550 Highway 441 S Okeechobee, Florida Brian and I would like to thank you for taking the time today to listen to our proposal regarding allowing the Chamber and Main Street to co-reside in the Chamber building. As we indicated the sole purpose for this request is to better serve the community from a centralized location whether it is focused on economic development, information about tourism or information about an event. Additionally, we felt that it was important to approach you as the logical initial step in exploring the concept and that the City will then consider it. Upon examination of the lease, with the City, it prevents such an arrangement without City Council override, stating that... 'the chamber shall not lease, sub-let,permit or grant a license, or use of any nature on or in the premises to any other business, entity, group or organization, regardless of whether any consideration changes hands, without the express written consent of the city' We thought it best to describe the individual mission statements first in order to demonstrate the versatility that both organizations offer to the community. The Chamber's mission statement is as follows: The Business Development Board of Okeechobee County,Inc. dba/Chamber of Commerce of Okeechobee County is organized to advance the general welfare and Prosperity of Okeechobee and the surrounding area so that its citizens and all areas of The business community may prosper. The Chamber's mission is to engage business Development to improve the business climate, economy and quality of life in Okeechobee County. Chamber of Commerce of Okeechobee County • 55 S. Parrott Ave • Okeechobee. Florida 34974 Ph: 863.467-6246 • ww‘N.OkeechobeeBusiness.com The mission Statement for Main Street is as follows: Main Street is organized for the purpose of promoting the historical value and social welfare of the downtown area of the City of Okeechobee and Okeechobee County as a whole. The corporation is authorized and empowered to do all things necessary to carry on and accomplish the purpose for which it is organized and chartered which are allowable by law. We are proposing the following regarding in allowing the Chamber of Commerce and Okeechobee Main Street to co-reside in the Chamber building: 1. The length of the contract would coincide with the existing lease term of the Chamber of Commerce(5 years). 2. At the end of the term, if Main Street did not perform their duties based on their respective mission statement,then they would be requested to vacant the premises. The Chamber would not receive any monetary support for rent from the Main Street organization. However, the Main Street organization would equally share the cost of utilities and insurance. If approved,we believe this will greatly benefit our community by having a centralized location to receive information about any event or any assistance from either organization. We would like to receive concurrence from the Trustees prior to approaching the City Council. I am available to answer any questions concerning this request by calling me at (863) 697-6325 Regards, ✓arry Uurrou9� Terry Burroughs Vice President Chamber of Commerce of Okeechobee County Chamber of Commerce of Okeechobee County • 55 S. Parrott Ave • Okeechobee, Florida 34974 Ph: 863.467-6246 • www.Ok.eechobeeBusiness.com 7/17/12 Activity Rpt Cont'd- • Florida Public Utilities Franchise - 1st Rdg on Ordinance No.1088 to initiate the natural gas franchise on the Agenda. Atty Cook and I met a few times and reviewed the document and FPU Gas Operations Director, Barry Kennedy, plans to attend the meeting. While I am still 'negotiating' with Mr: Kennedy at the time of this report, another initiative we are incorporating in the Agreement is FPU's requirement to seek TRC approval to answer several installation and operation issues that have come up...such as providing plans, timelines and construction concerns, in lieu of attempting to add those housekeeping measures within the Agreement. The franchise term is 30 years and includes a franchise fee of 6.5% on gross revenue (excluding Industrial Services) The City Code provides for a 10% utility tax to be assessed. • Gary Ritter, SFWMD, is on the Agenda to give an update on the lake/water conditions. • SW 21st Storm Sewer County grant funded proiect-At their June 28th meeting the Commissioners awarded the bid from GO Underground Utilities, Lake Placid in the amount of$483,893.00 accepting the City's contribution of a maximum of$95k to the match portion of the grant funded project. 1\ Vet's Park helicopter- Contacted by Marty Faulkner, Sheriff's Dept, about being close to a deal for a Huey to be placed at the park. He asked if Councilman \\4 Watford could be placed on a Committee w/Legion and County reps. I've spoken to Councilman Watford and whatever he finds will be brought back to the Council for review. • Chamber/ Main St in Chamber bldg -T. Burroughs and I plan to meet this coming week to discuss particulars of Main Street having their office in the Chamber building and anticipate that after a bit more discussion among their Boards it will be brought to the City Council for consideration. • Applebee's grant funded turn lane improvement update- July 16th 2:00pm - Receive proposals for CDBG engineering services July 16th 2:00pm - Receive proposals for the Grant Administration July 25th 11:00am - Receive proposals for rehab of 5 houses List of applicants that were part of the June 27 pre-bid (July 25th bid) walk through: Shirley Roberts, 915 NW 9th St Debra Leon, 604 NW 15th St Judy Curtis, 209 SE 8th Av Marilyn Smith, 512 SE 10th Av (demo) Maria Gomez, 1106 SW 5th St (demo) Additional houses that are under an administrative review (not on the !bid list yet): Mary Ellen Hill, 1010 SE 5th St Harry Schrock, 1805 NW 7th Av .. Budget summary: $560k-housing rehab; $105k admin; $35k occupant relocations. Page 2