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Last modified
3/3/2017 1:19:11 PM
Creation date
9/30/2015 5:23:50 PM
Metadata
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Resolutions
Resolution Number
2002-100
Approved Date
11/19/2002
Resolution Type
Lease
Entity Name
Gifford Youth Activity Center
Subject
Lease Agreement operation of The Gifford Youth Activities Center
40 year lease
Formerly leased to Progressive Civic League of Gifford
Archived Roll/Disk#
2745
Supplemental fields
SmeadsoftID
2750
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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 />
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