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