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46 <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 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 />