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13. OPERATING COSTS. (A). County Contribution. Indian River County <br /> agrees to be responsible for a portion of operating costs of the Gifford Youth Activities <br /> Center on the terms and conditions set forth in this Lease. For fiscal year 2002/03, <br /> Indian River County shall contribute up to $122,443 on a reimbursement basis for those <br /> costs as itemized in the Operating Budget approved by Indian River County. <br /> Subsequent years' contribution are expected to be adjusted upward or downward <br /> annually to reflect changes in the consumer price index for all urban consumers for the <br /> South, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, <br /> Bureau of Labor Statistics ("CPI"); provided, however, that no increase or decrease in <br /> the contribution by the County shall exceed percent (3%) per annum; and further <br /> provided, that the County contribution will be reduced by the amount of grants obtained <br /> for each fiscal year's operating expenses and/or programs. <br /> (B) OPERATING BUDGET AND RENEWAL AND REPLACEMENT FUND. An <br /> itemized operating budget shall be submitted to Indian River County by April 1st of each <br /> fiscal year. Actual annual appropriations shall be approved through the County <br /> budgetary process. While the CPI shall be utilized as a guide to adjustment of annual <br /> operating expenses, the County's annual contribution to the operating expenses shall be <br /> subject to annual appropriation from legally available funds. For each fiscal year, five <br /> percent (5%) of the County's contribution to the Tenant's operating budget shall be <br /> retained by Landlord and held in reserve by Landlord in a Renewal and Replacement <br /> Fund for repairs to the Gifford Youth Activities Center. <br /> 14. RIGHT TO INSPECT. The Landlord may enter and inspect the Leased <br /> Premises at all reasonable hours to insure the Leased Premises are being properly <br /> maintained and kept in good condition. <br /> 15. PROHIBITION ON ASSIGNMENT, SUBLEASE, OR ENCUMBRANCE. Tenant <br /> shall not, in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise <br /> convey an interest in this Lease, or sublet the Leased Premises or any part thereof (any <br /> one of the foregoing events hereinafter referenced as an "Assignment"), without the <br /> prior written consent of the Landlord which consent may be granted, conditioned, or <br /> withheld at Landlord's sole discretion for any reason. Any such attempted Assignment <br /> without Landlord approval shall be null and void. <br /> 16. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or <br /> litigation over the terms and conditions of this Lease, each party shall bear its own <br /> attorney's fees, costs, and expenses to resolve that dispute. <br /> 17. NOTICE. Any notices which are required, or which either party may desire <br /> to serve upon the other, shall be in writing and shall be deemed served when hand <br /> delivered, or when actually received via U.S. Mail, postage prepaid, return receipt <br /> requested, addressed to Tenant at: <br /> Gifford Youth Activity Center, Inc., <br /> 4875 43rd Avenue <br /> Vero Beach, Florida 32967 <br /> 4 <br />