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2019-120
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2019-120
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Last modified
12/27/2019 2:01:02 PM
Creation date
9/9/2019 11:35:13 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
08/13/2019
Control Number
2019-120
Agenda Item Number
8.R.
Entity Name
Vero Beach Foundation Gators Football and Cheer Corp
Subject
Facility Lease Agreement for use of the Victor Hart Sr. Community Enhancement Complex (VHSEC)
Area
4715 43rd Avenue
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6.07 Improvements: The League shall not make or allow to be made any alterations, additions <br />or improvements (hereinafter "Improvements") without obtaining the prior written approval of the <br />County, which consent shall not be unreasonably withheld, delayed or conditioned. The League <br />shall deliver to the County a copy of the construction plans and specifications for all <br />Improvements, if applicable, which the League proposes to make in or to the Premises. The League <br />agrees that all approved work shall be done in a good and workmanlike manner. The League shall <br />obtain, at the League's expense, all necessary permits and approvals from governmental authorities <br />for the commencement and completion of any such Improvements and shall finish furnish evidence <br />of such approval to the County prior to the commencement of construction or installation of any <br />such Improvements. All Improvements shall be constructed in accordance with all applicable <br />building codes, laws, and regulations. All of League's Improvements shall be deemed to be a part <br />of the Premises, and the League shall be obligated to maintain and repair the same. All <br />Improvements in or to the Premises shall, when made, become the property of the County and <br />shall be surrendered to the County upon termination of this Agreement, <br />Section 7 — The County's Obligations and Responsibilities <br />7.01 The County's Obligations: Based on available staff and budget limitations, the County <br />agrees to: <br />a) Maintain Wilson -Chisholm Field with turf maintenance services; <br />b) Do initial lining for the first game set forth in the League's schedule; <br />c) Provide field lighting for the Premises including all costs associated with maintenance of <br />the equipment and bulb replacement; <br />d) Pay for utilities including water, sewer, electric; <br />e) Maintenance and operation of the Thor Guard Lightening Operating System. <br />Section 8 — Emergency County Use <br />8.01 Emergency County Use: In an emergency declared by the appropriate authorities under <br />Chapter 252, Florida Statutes, the County reserves the right to use the Premises as a part of its <br />emergency response and recovery operation as long as reasonably necessary in the County's <br />opinion. In such an event, the County shall restore the Premises at the County's expense to the <br />same condition as it was prior to the County's use. For said restoration, time will be of the essence. <br />Section 9 — Rights to Assign <br />9.01 Assignment: Neither the County nor the League shall have the right to assign any or all of <br />its rights and interests under this Agreement to any successor in business or parent company <br />without prior written consent of both parties. <br />Section 10 — Indemnification <br />10.01 Hold Harmless: The League shall defend, indemnify and hold the County harmless from <br />any and all claims for damages arising out of this Agreement, except for those claims arising out <br />of the County's own negligence. This includes, without limitation, attorneys' fees, on account of <br />injury of damage to persons, firms or corporations or to property directly or indirectly arising out <br />5 <br />
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