LEASE AGREEMENT (5)LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this 9 t't' day of ' vS4 2023, by
and between the CITY OF CLEARWATER, a Florida Municipality, herein cal ed the "Lessor," and
the INTERCULTUR.AL ADVOCACY INSTITUTE, INC., a Florida Corporation non-profit,
herein called the "Lessee."
ARTICLE I. TITLE
The title of this Lease is the Hispanic Outreach Center ("HOC") lease.
ARTICLE II. TERM
The term of this Lease shall be for a period commencing on October 1, 2023 and
continuing through November 30, 2026 (the Termination Date), unless earlier terminated under
the terms of this Agreement.
ARTICLE HI. LEASEHOLD
The Lessor leases to the Lessee the following described property ("Premises"), including all
improvements thereon, located in Pinellas County, Florida, to wit:
A parcel of land being the West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet of Lot 15,
Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book
3, Page 43, Public Records of Pinellas County, Florida;
AND
The East 25.3 feet of Lot 13 and the West IO feet of Lot 12, all in Block 7, MAGNOLIA PARK
SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records
of Pinellas County, Florida, (ALSO KNOWN AS 612 Franklin Street, Clearwater, Florida)
ARTICLE IV. RIGHTS AND RESPONSIBILITIES
Section 1. Use of Premises.
a) Lessee shall use the Premises for implementation of a Hispanic Community Services
Center, to be known as "Centro Apoyo Hispano" (or Hispanic Outreach Center ("HOC")).
However, if Lessor determines it to be an emergency, the Lessor shall have the exclusive right to
utilize the kitchen facilities at the Premises.
b) The Lessee is authorized and agrees to provide the following services and/or make the
Premises available for the following listed activities:
• Providing office space for the Lessor's Police Department's HOC Officer. This police
officer serves as the primary liaison between the Clearwater Police Department (CPD) and
the Hispanic community and is responsible for organizing and implementing the Police
Department's Hispanic Outreach Program.
• Providing interpreter and victim advocacy services at the HOC when requested by CPD;
• Referring both victims and witnesses to CPD;
• Moderating, planning, and organizing community meetings with CPD;
• Hosting the Mexican Consulate with the HOC Officer as needed;
• Referring individuals to civil court or other non -profits for assistance;
• Acting as a liaison for Hispanic individuals who are less than trustful of law enforcement
agencies;
• Handling domestic injunctions and referrals;
• Providing training and consultation on topics such as Human Trafficking, wage theft,
refugee resettlement outreach, police -minority relations, and cultural integration;
• Collaborating with community organizations such as the Mexican Council of Tampa Bay,
Suncoast Center, Girl Scouts of West Central Florida, Gulf Coast Legal Services, and
others, to provide on-site services for the Hispanic community;
• Managing the Hispanic Leadership Council, of which the City of Clearwater and the CPD
are members, to enhance services and access for the Hispanic community.
• Providing other advocacy or intervention services. These services will respond to the
needs of the Hispanic community and may include health matters, legal issues, and other
concerns identified by the Hispanic community, the Lessee, or CPD.
• Coordinating ESOL classes. The Lessee will coordinate the provision of English For
Speakers of Other Languages (ESOL) classes at the HOC.
• Providing a multi-purpose training room. The Lessee will provide space to be jointly used
by the Lessee and Lessor and other parties as coordinated by the Lessee.
• Administering youth services. Lessee will administer various Youth Programs targeted
toward at -risk youth from Hispanic and other ethnic or language groups. These programs
will focus on risk reduction and the development of individual and leadership skills needed
in adulthood.
c) The Lessee is further authorized to make a reasonable charge or charges to the approved
group(s) using the premises, said charges must be authorized by the City Manager, or designee,
and used to defray the cost of maintaining the premises.
d) Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased
premises. At the termination of this Lease, Lessee agrees to return the premises to the Lessor in as
good condition as at the effective date of this Agreement, subject only to normal wear and tear.
Section 2. Designated Parking Area.
Lessee understands and agrees that the primary parking area for its guests is the designated
parking area located on the east side of the structure located on the premises. The primary parking
area for Lessee's staff is the top level of the Municipal Services Building Garage at 640 Pierce
Street.
Section 3. Annual Report Required.
The Lessee agrees to submit an annual report to the City Manager, not later than January
31st of each calendar year, summarizing the use and services rendered by the Lessee while
occupying the Premises.
Section 4. Maintenance of Premises.
The Lessee shall properly maintain the leasehold in a clean and orderly condition. The
Lessee shall be responsible for maintenance of the interior of the structures, including HVAC
systems, interior electrical and plumbing systems, and playground located at the premises. The
Lessor shall be responsible for maintenance of the exterior of the building and grounds at the
premises such as lawn mowing, landscaping, painting, lighting, roof repairs, and other exterior
maintenance caused by normal use and weather exposure. If any single item of maintenance or
repair exceeds $5,000, the Lessee or Lessor may terminate this Lease on thirty (30) days written
notice to the other party.
Section 5. Repairs and Improvements.
a) Lessee may make whatever repairs, alterations, and improvements to the Premises it deems
necessary, provided that the Lessor first agrees in writing to any such actions to repair, alter or
improve the Premises. If the property's physical condition falls into a state of disrepair in the
opinion of the City Building Official, the Lessor may terminate this Agreement upon fifteen (15)
days written notice to Lessee.
b) Repairs, alterations, or improvements attached to the Premises shall become the property
of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise
indicated by Lessor.
Section 6. Utilities.
Lessee shall pay all bills for electrical and utility services before such bills become delinquent.
Section 7. Quiet Enjoyment.
Upon payment of the rents herein required, and upon observing and performing the covenants,
terms, and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy
the leased premises for the term of the lease without hindrance or interruption by the Lessor.
ARTICLE V. LEASE RENTAL FEES AND PAYMENTS
In consideration of the promises and covenants set forth herein, Lessor hereby grants to
Lessee and Lessee accepts from Lessor, this nonexclusive lease, right and privilege to use the
Premises for the sum of One Dollar ($1.00) per year, due immediately upon the effective date of
this Lease.
ARTICLE VI. TAXES
Lessee agrees to pay any real property taxes that may be assessed and levied on the property
or on the leasehold created by this document.
ARTICLE VII. INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
this lease.
Section 1. Minimum Scope of Insurance.
The Lessee shall obtain and maintain a Commercial General Liability policy covering the
leased premises and all Lessee activities occurring thereon.
Section 2. Minimum Limits of Insurance.
Commercial General Liability Insurance procured in accordance with this article shall have
minimum coverage limits of $1,000,000 Bodily Injury and Property Damage arising out of any
one (1) occurrence. Further, Lessor shall, from and after the Commencement Date, keep insured
through self-insurance or otherwise the building(s) upon the premises against loss or damage by
fire and windstorm and other covered casualties.
Worker's Compensation coverage shall be procured for all employees in an amount at least
equal to the statutory limits of coverage according to applicable State and Federal laws. In addition,
the policy shall include employer's liability coverage with a limit of $500,000 per occurrence.
Section 3. Additional Named Insured.
Except for Workers' Compensation, each insurance policy issued as a requirement of this
Agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage
shall contain no special limitations on the scope of the protection afforded to the Lessor, its officers,
employees, agents, or volunteers.
Section 4. Verification of Coverage.
Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements
affecting coverage required by this Article. These forms shall be received and approved by the
Lessor's Risk Manager upon execution of this Lease agreement by both parties to this Agreement.
ARTICLE VIII. CASUALTY DAMAGE TO PREMISES
Section 1. Reparable Damage.
Any time the building or premises is damaged or destroyed to the extent that the Lessee
cannot therefore conduct its activities and the Lessor determines that the demised premises can be
restored by making appropriate repairs, Lessee and Lessor shall negotiate a shared responsibility
to affect such repairs expeditiously and to the satisfaction of the City's Building Official. If a shared
resolution is not successfully negotiated within 30 days of the damage or destruction, this
Agreement shall be subject to termination by the Lessee with thirty (30) days written notice to
Lessor.
Section 2. Catastrophic Damage.
In the event of total destruction of or catastrophic damage to the demised premises, the
Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days
written notice to the other party to this lease.
Section 3. Waiver of Recovery Rights.
Both parties waive any and all rights of recovery against the other party for any direct or
indirect loss occurring to the demised premises in the event of damage categorized in Sections 1
and 2 above which is covered by insurance.
ARTICLE IX. LIABILITY AND INDEMNIFICATION
Lessee agrees to assume all risks of the Premises and all liability therefore, and shall
defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and
against any and all loss, liability and damages of whatever nature, to persons and property,
including, without limiting the generality of the foregoing, death of any person and loss of the use
of any property except arising from the negligence or willful misconduct of Lessor or Lessor's
agents or employees. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to the Premises or Lessee's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized,
or permitted by Lessee in or about the Premises whether or not based on negligence.
Notwithstanding anything contained herein to the contrary, this indemnification provision shall not
be construed as a waiver of any immunity to which Lessor is entitled or the extent of any limitation
of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not intended to
nor shall be interpreted as limiting or in any way affecting any defense Lessor may have under §
768.28, Florida Statutes or as consent to be sued by third parties.
ARTICLE X. AMERICANS WITH DISABILITIES ACT
Lessee hereby affirms its intention to take any and all such actions that are reasonable and
prudent to comply with the Americans With Disabilities Act of 1990 (knows as the "ADA"). These
would include modifications to the structure, revisions in operations and supporting
communications capabilities and procedures and changes in functional location and layout.
ARTICLE XI. NON-DISCRIMINATION
Section 1. No Exclusion From Use.
Lessee agrees that no person shall be excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race,
color, religion, sex, handicap, age, or national origin.
Section 2. No Exclusion From Hire.
Lessee agrees that in the construction of any improvements on, over, or under the premises,
and the furnishing of services therein or thereon, no person shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of race, color,
religion, sex or national origin.
Section 3. Observance of Various Laws.
The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal
Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the
standards of Merit System Personnel Administration, Executive Order 12246 as amended, Revised
Order 4, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order
11914 and the Americans With Disabilities Act of 1990.
Section 4. Breach of Nondiscrimination Covenants.
In the event of breach of any of the above nondiscrimination covenants, which breach has
been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right
to terminate this Lease and to re-enter and repossess the premises and hold the same as if said
Agreement had never been made or issued. This provision does not become effective until the
procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed,
including expiration of appeal rights.
ARTICLE XII. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and
may not be changed, modified or discharged except by written Amendment duly executed by both
parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless
expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not
warrant and hereby disclaims any and all liability and responsibility for or on account of the
condition of the Premises, or any portions thereof, or for or on account of anything affecting such
conditions.
RADON GAS NOTIFICATION, AS REQUIRED BY FLORIDA STATUTE 404.056(8):
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 health unit.
ARTICLE XIII. ASSIGNMENT OF LEASE
This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased
by Lessee. Any attempted assignment of the rights and obligations provided for herein shall be of
no force or effect and shall upon such attempted assignment or transfer, render this Agreement null
and void in its entirety.
ARTICLE XIV DEFAULT AND TERMINATION
Section 1. Termination by Lessee.
This Agreement shall be subject to termination by Lessee in the event of the following:
Material default by the Lessor in the performance of any of the terms, covenants or conditions of
this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's
satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to
remedy the same.
Section 2. Termination by Lessor.
This Agreement shall be subject to termination by the Lessor in the event of any one or more of
the following events:
a) Lessor determines at a duly constituted City Council meeting that the building or property
(said premises) is needed for other municipal services and serves Lessee with sixty (60) days notice
of such intended use.
b) Lessor determines that the premises are so extensively damaged by some casualty that it is
impractical or inequitable to repair such leased premises.
c) The material default by Lessee in the performance of any of the terms, covenants or
conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to
remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice
from Lessor to remedy same.
d) The Lessor determines that a municipal need exists consistent with the City's charter and
serves Lessee with sixty (60) days notice.
e) Lessee's vacating or abandoning the premises.
Section 3. Exercise.
Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the
other party. Forbearance of timely notice shall not be deemed a waiver of any breach.
Section 4. Removal of Property.
Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from
the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials
which Lessee was permitted to install or maintain under the rights granted herein. Lessor may
effect such removal at Lessee's expense should Lessee fail to remove said installed property within
thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance
upon presentation of a proper invoice.
Section 5. Causes of Breach and Waiver.
a) Neither party shall be held to be in breach of this Agreement because of any failure to
perform any of its obligations hereunder if said failure is due to any cause for which it is not
responsible and over which it has no control; provided, however, that the foregoing provision shall
not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this
Agreement.
The waiver of any breach, violation, or default in or with respect to the performance or observance
of the covenants and conditions contained herein shall not be taken to constitute a waiver of any
subsequent breach, violation, or default in or with respect to the same or any other covenant or
condition hereof.
Section 6. Attorney's Fees.
In case suit is brought for recovery of the premises or because of any breach of the Lease, the
prevailing party shall be entitled to a reasonable attorney's fee and costs.
ARTICLE XV. NOTICE
Any notice given by one party to the other in connection with the Lease shall be sent by certified
mail, return receipt requested, with postage and fees prepaid:
1. If to the Lessor, addressed to:
City Manager c/o Robert J. Kasmer, Public Works/Engineering.
City of Clearwater, 100 S. Myrtle Ave, Clearwater, Florida 33758-4748
2. If to the Lessee, addressed to:
Intercultural Advocacy Institute, Inc. 612 Franklin Street
Clearwater, FL 33755
ARTICLE XVI. EFFECTIVE DATE
The effective date of this Lease shall be the 1st day of October 2023.
IN WITNESS WHEREOF, the parties hereto set their hands and seals this isi'day of October
2023.
Countersigned:
Jennifer Poirrier
City Manager
Ap as to form:
Jerro . . impson
Senior ssistant City Attorney
WITNESS as to Lessee:
kik_
Witness's Signature
61'48ifi► Ca /1.hy
Print Witness Name
Witness's Signature
Andrea
Print Witness Name
CITY OF CLEARWATER
Brian J. Au , S
Mayor, Ci s f Clearwater
Attest:
v.a)
Rosemarie Call
City Clerk
INTERCULTURAL ADVOCACY
INSTITUTE, INC.
By:
Amanda Markiewicz
Chief Executive Officer
Notice of Early Termination by Mutual Agreement
This Notice of Early Termination is executed by and between the City of Clearwater as Lessor,
and the Intercultural Advocacy Institute (also referred to as "HOC") as Tenant (collectively the
"Parties").
The Parties mutually agree to the early termination of said current Lease Agreement effective upon
the complete execution of this document.
This Early Termination is not based on any default or breach by either Party, and it is conditioned
upon the negotiation and execution of a New Lease Agreement between the Parties with a New
Term as may be approved by the City Council of the City of Clearwater. During all approval time
periods until the actual Commencement Date of a New Lease, the Parties are bound to the current
lease's terms and conditions.
IN WITNESS WHEREOF, the parties hereto set their hands and seals this'd 1 day of
AvC/�V , 2023.
Countersigned: CITY OF CLEARWA, R
Jennifei''_'oirrier
City Manager
d as to form:
Jerr
Se
mpson
ssistant City Attorney
Brian J. Aun
Mayor, CityClearwater
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Rosemarie Call
City Clerk
INTERCULTURAL ADVOCACY
INSTITUTE, INC.
Amanda Markiewicz
Chief Executive Officer