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2008-113
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2008-113
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Last modified
6/28/2024 11:39:53 AM
Creation date
9/30/2015 5:42:38 PM
Metadata
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Resolutions
Resolution Number
2008-113
Approved Date
08/12/2008
Agenda Item Number
8.BB.
Resolution Type
Approval
Entity Name
Boys and Girls Club of Indian River County, Inc.
Subject
Community Interest Lease Agreement
Area
County owned property at 17th Avenue
Archived Roll/Disk#
4032
Supplemental fields
SmeadsoftID
4632
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business in the State of Florida that has a rating of at least A -VI by A.M. Best and Company. <br />All such insurance shall contain a clause preventing cancellation of any coverage before <br />thirty (30) days written notice to the County and shall name the County as an additional <br />insured. <br />10.2 Liability. Tenant shall, at its own cost and expense, secure within 15 days of <br />commencement of construction on the Facility, and maintain during the entire term of this <br />Lease, and any renewals or extensions, a broad form comprehensive coverage policy of <br />public liability insurance issued by an insurance company acceptable to County and insuring <br />the County against loss or liability caused by or connected with Tenant's occupation and use <br />of the Premises under this Lease in amounts not less than: <br />(a) $200,000 for injury to or death of one person and, subject to such limitation for <br />the injury or death to one person, of not less than $1,000,000 for injury to or death of two or <br />more persons as a result of any one accident or incident; and <br />(b) $500,000 for damage to or destruction of any property of others; or <br />(c) Such higher amount as may be set as the liability limits under the waiver of <br />sovereign immunity provisions of law for the occurrences described in subsections (a) and <br />(b). <br />10.3. Loss Deductible Payment. The County shall be exempt from, and in no way liable for, <br />any sums of money that may represent a � deductible under any insurance policy. The <br />payment of any such deductible shall be the sole responsibility of the Tenant. <br />10.4. No Liability For Damage Or Iniury. The County shall not be liable for any damage or <br />injury that may be sustained by any party or persons in, at, on, or about the Premises. <br />10.5. Damage. Tenant shall repair all damage to the Premises caused by the Tenant, its <br />employees, agents, invitees, servants, or independent contractors in connection with the <br />operation of the Leased Premises. <br />ARTICLE 11. DESTRUCTION OF FACILITY. <br />11.1 In the event the Facility erected on the Leased Premises is destroyed or damaged by <br />fire or other casualty, the County shall have no responsibility or obligation to make any <br />expenditures whatsoever toward the repair and/or replacement of the Facility. Tenant, at its <br />option, shall either: <br />(a). Cause the Facility to be replaced or the damage to be repaired as rapidly as <br />practicable, <br />(b). If the damage involves an insubstantial portion of the Facility, elect not to repair the <br />damages to the Facility and continue in the Lease. <br />(c). If the damage involves a substantial portion of the Facility, elect not to repair the <br />damages to the Facility and terminate the Lease. <br />11.2. In the event the Tenant elects to repair and/or replace the Facility on the Leased <br />Premises, the County shall have no claims against any insurance proceeds paid to the <br />Tenant on account of such damage and/or destruction. Provided, however, that the repaired <br />and/or replaced Facility is repaired/replaced in a manner equal to or better than the Facility <br />being repaired or replaced. Tenant acknowledges and agrees that Tenant shall have the <br />5 <br />
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