5/31/2016 11:31:07 AM
9/30/2015 10:54:53 PM
Official Document Type
Agenda Item Number
Concession Lease Agreement - Capcan,Inc.(aka C.J. Cannons)
County Administration Bldg. A
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r .y <br /> LEASE AND CONCESSION AGREEMENT <br /> THIS LEASE AND CONCESSION AGREEMENT (" Lease" ) is entered into this <br /> 1st day of August, 2007 (" Effective Date" ) , by and between Indian River County, apolitical <br /> subdivision of the State of Florida , 1800 27th Street , Vero Beach , FL 32960 (" County" ) and <br /> Capcan , Inc. , a Florida corporation whose mailing address is 3414 Cherokee Drive , Vero <br /> Beach , FL . 32960 ("Tenant" ) . <br /> BACKGROUND RECITALS <br /> A. The County issued a Request for Proposals in April , 2007 for food and beverage <br /> concession services at the County Administration Building , and re-issued the <br /> Request for Proposals with a response date of June 20 , 2007 ; <br /> B . Pursuant to the Request for Proposals , the County's duly-constituted Selection <br /> Committee received proposals and ranked the firms that responded to the Request <br /> for Proposals based on the evaluative criteria set forth in the Request for Proposals; <br /> C . The Tenant was the highest ranked respondent to the Request for Proposals and , <br /> on July 17 , 2007 , the County approved the Selection Committee recommendation to <br /> contract with Tenant to provide the food and beverage concession services set forth <br /> in the Request for Proposals and this Agreement; and <br /> D . Tenant is willing and able to perform the food and beverage concession services at <br /> the County Administration Building for County as set forth in this Agreement on the <br /> terms and conditions set forth below . <br /> NOW THEREFORE , in accordance with the mutual covenants hereinafter contained <br /> and other good and valuable consideration , the receipt and adequacy of which are hereby <br /> acknowledged , the parties hereto agree as follows : <br /> ARTICLE 1 <br /> 1 . 1 . TERM . This Lease shall have an initial term of five (5 ) years commencing upon the <br /> Effective Date (" Initial Term" ) , subject to early termination as provided herein . <br /> 1 . 2 . RENEWAL TERM . Provided the County and Tenant agree to renew the Lease (as it <br /> may have been modified from time to time ) on mutually beneficial terms ; and further <br /> provided that the Tenant is not in default under any of the terms and conditions of this <br /> Lease or any other written agreement between Tenant and the County , this Lease may be <br /> renewed for a maximum of seven (7 ) successive terms of one ( 1 ) year (each , a " Renewal <br /> Term" ) , for a maximum aggregate of twelve ( 12) years combined Initial Term and Renewal <br /> Terms . Each Renewal Term is subject to all of the provisions set forth in this Lease . <br /> Notwithstanding the foregoing , the County may extend or renew this Lease beyond the <br /> twelve ( 12 ) years if deemed to be in the best interest of Indian River County . Renewal of <br /> 1 <br />
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