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2002-100
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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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21.1 Upon the occurrence of an Event of Default, the Landlord shall send a <br /> written notice to Tenant, in the manner set forth in this Lease, setting forth the Event of <br /> Default in specific detail and the date this Lease shall terminate in the event Tenant <br /> does not cure the default. <br /> 21.2 Within thirty (30) days following receipt of a default notice, Tenant shall have <br /> cured the default to the reasonable satisfaction of Landlord. <br /> 21.3 In the event Tenant fails to cure the Event of Default within thirty (30) days, <br /> this Lease shall be deemed to be terminated with no further action by the Landlord. <br /> 22. TERMINATION BY TENANT. Tenant shall have the right, upon providing thirty <br /> (30) days prior written notice to the Landlord in the manner set forth in this Lease, to <br /> terminate this Lease at any time after the occurrence of one or more of the following <br /> events: <br /> 1) Issuance by any court of competent jurisdiction of any injunction <br /> substantially restricting the use of the Leased Premises for the purposes <br /> of operating the Gifford Youth Activity Center, and such injunction <br /> remains in force for a period of more than sixty (60) calendar days; or <br /> 2) A breach by the Landlord of any of the terms, covenants or conditions <br /> contained in this Lease to be performed by the Landlord and the failure of the <br /> Landlord to remedy such breach for a period of thirty (30) calendar days after <br /> receipt of written notice thereof. <br /> 3) Termination for Nonappropriation. In the event that the Landlord in any fiscal <br /> year fails to appropriate sufficient funds (in the sole determination of the <br /> Tenant), to continue operation of the facility, the Tenant may terminate the <br /> Lease by giving the Landlord ninety (90) days' written notice. <br /> 23. QUIET ENJOYMENT. If and so long as Tenant performs all Tenant's obligations <br /> under this Lease, Landlord covenants that Tenant shall and may quietly hold and enjoy <br /> the Leased Premises, subject to any applicable laws, ordinances, and governmental <br /> regulations, and to any governmental actions, and to any taking under the power of <br /> eminent domain. <br /> 24. GOVERNING LAW. This Lease shall be governed by the laws of the State of <br /> Florida and any and all legal action instituted because of this Lease shall be instituted in <br /> Indian River County. <br /> 25. CUMULATIVE REMEDIES; NON-WAIVER. Each right, power and remedy of the <br /> Landlord or the Tenant provided for in this Lease shall be cumulative and concurrent and <br /> shall be in addition to every other right, power or remedy provided for in this Lease or now <br /> or hereafter existing at law or in equity or by statute or otherwise. The failure of either <br /> party to insist upon compliance by the other party with any obligation, or exercise any <br /> remedy, does not waive the right to so in the event of a continuing or subsequent <br /> delinquency or default. A party's waver of one or more defaults does not constitute a <br /> 6 <br />
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