04/09/2019 (2) - Laserfiche WebLink

Home Browse Search

restore the Property at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. 8. Hold Harmless. To the extent allowed by law, and without waiving its sovereign immunity, the City shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of City, except for those claims arising out of the County's own negligence. 9. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10. Improvements to the Property. The City shall obtain the County's permission before constructing any improvements on the Property. At the termination of the lease, the City shall be permitted to remove any personal property not attached to the Property and any buildings, fixtures or equipment attached to the property shall become the property of the County. 11. Breach of Agreement. A breach by the City of any of its obligations under this lease shall be grounds for the County to terminate this lease, except that before such termination, the City shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 4, the City shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of said property until insurance is reinstated. Failure to timely reinstate the insurance or use of Property while there is no insurance may subject the City to automatic termination of this Agreement. 12. Use of the Airport Parcels for Parking for Special Events. The Parties recognize that the amount of rent paid by the City does not represent a fair market rental rate for the Property. In consideration of this reduced rate, the City agrees to rent to the County, at the City's sole expense, subject to availability and without causing undue interference with regular activities and events previously scheduled by the City, the City owned vacant land on the north side of Aviation Boulevard for parking for special events. Any request for reservation of the Aviation Boulevard parking areas, shall be made thirty (30) days in advance by written notice. The Parties agree to make their best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this Section. The County has the right to use the Aviation Boulevard parking areas three times in the three years from the date of this Agreement. 3 177