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2008-262
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2008-262
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Last modified
2/6/2026 1:05:02 PM
Creation date
10/1/2015 12:31:20 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
08/19/2008
Control Number
2008-262
Agenda Item Number
12.C.
Entity Name
Nobles, Betty,
Capcan
Subject
Transfer Lease/Concession Agreement Cannon's County Cafe
Area
IRC Administration Building A
Supplemental fields
SmeadsoftID
7539
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5.3. SUCCESSORS. This Lease shall be binding on the County and its administrators <br />and on the Tenant and its permitted successors in interest. <br />5.4. PROHIBITION ON ASSIGNMENT. Tenant shall not, directly or indirectly, assign, <br />sublease, or transfer the Lease, or any interest therein, or any portion of the Leased <br />Premises (the foregoing herein collectively "Transfer"), without the express prior written <br />consent of the County. County shall not unreasonably withhold its consent to any Transfer. <br />Any such attempted Transfer without County approval shall be null and void and may, at <br />the option of the County, .be deemed an event of default under this Lease. Tenant <br />acknowledges and agrees that the County has the right, in granting or withholding consent <br />to any Transfer, to consider, among other things, the financial responsibility and business <br />reputation of the proposed assignee, sublessee, or transferee (the foregoing herein <br />collectively "Transferee"); and any other items that Indian River County Board of County <br />Commissioners, in its sole discretion, deems appropriate. If Tenant seeks County's <br />consent for a Transfer, Tenant shall submit to County a written request therefor, <br />accompanied by the following documentation: (i) the name, address, and telephone <br />number of the proposed Transferee; (ii) an explanation of the food and beverage <br />concession services that the proposed Transferee will or is likely to make of the Leased <br />Premises; and (iii) a financial statement or other reasonably detailed financial information <br />concerning the proposed Transferee. Tenant acknowledges and agrees that: (a) the <br />County Administrator. or his designee, or the Indian River County Board of County <br />Commissioners, has the right to request any additional information deemed necessary to <br />make the decision relating to consent to the Transfer; and (b) any such request for a <br />Transfer is expressly subject to the approval of the Transfer by the Board of County <br />Commissioners at a formal meeting thereof, and such Transfer shall become effective only <br />when signed by the Transferee and approved by the Board, which consent shall not be <br />unreasonably withheld. The foregoing covenant shall be binding on the permitted <br />successors in interest of Tenant. The foregoing covenant shall be binding on the permitted <br />Transferees of Tenant. The prohibition on Transfers shall not prohibit a change in the form <br />in which Tenant conducts business. Tenant will be released from further liability under this <br />Lease in the event of an approved Transfer; provided that the County's consent to any <br />Transfer, or County's acceptance of Rent from any Transferee, will not otherwise relieve <br />Tenant from any pre-existing obligation to County under this Lease. <br />5.5, PROHIBITION ON ENCUMBRANCES. Tenant shall not mortgage, pledge, or <br />encumber this Lease, in whole or in part, or the leasehold estate granted under this Lease, <br />to any other person, firm or entity. Any attempted mortgage, pledge, or encumbrance of <br />this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the <br />sole option of the County, be deemed an event of default under this Lease. This covenant <br />shall be binding on the permitted successors in interest of Tenant. <br />5.6. NON-DISCRIMINATION. Tenant for itself, and its permitted successors in interest, as <br />a part of the consideration for this Lease, does hereby covenant and agree that no person <br />shall be excluded from participation in, be denied the benefits of, or be otherwise subjected <br />to discrimination in, the use of the food and beverage concession services offered in or at <br />7 <br />
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