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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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of or relating to this agreement, the performance or breach thereof, or the use or occupancy of the <br />Premises, the parking lot area or other areas of the Premises by the League. In the event the League <br />shall fail to defend any such action on behalf of the County to the satisfaction of the County, the <br />County may, but shall not be obligated to, defend the same by counsel of its choice, the cost of <br />which defense to be borne exclusively by the League. Nothing in this agreement shall be construed <br />to affect in any way the County's rights, privileges, and immunities, including sovereign immunity <br />as provided by Florida law. <br />Section 11— Liability <br />11.01 Liability for Damage or Injury: The County shall not be responsible for any loss, <br />damage or injury which may be sustained by any party or persons at the Premises other than the <br />damage or injury caused solely by the negligence of the County. <br />11.02 The League is an Independent Operator: The League is, and shall be at all times, an <br />independent operator that is responsible to all parties for all of its acts or omissions. <br />11.03 AYCAA Charter Rules: The League shall operate consistent with Charter Rules <br />except as otherwise provided in this Agreement. <br />Section 12 — Insurance <br />12.01 Insurance: The League shall procure and maintain throughout the term of this Agreement <br />comprehensive general liability insurance providing for a minimum of $300,000.00 per <br />occurrence. If the League participates in Away Games, it shall also procure and maintain <br />throughout the term of this Agreement automobile insurance providing for a minimum $300,000 <br />combined single limit. The insurance policies shall be written and with a company that is <br />acceptable to the County's Risk Management Division (must have at least an A- VII rating with <br />A.M. Best). The name of the insured on both policies must be the League and the County must be <br />named as an additional insured. Within five (5) days of the execution of this Agreement, the <br />League shall provide the County with both certificates of insurance showing the additionally <br />insured and specifying the deductible of the referenced policies. Updated certificates of insurance <br />must be delivered to the County no later than July 1 of each following year. The certificates shall <br />provide for thirty (30) days prior written notice from the insurer to County of any cancellation or <br />amendment to the said insurance policies. In the event the League fails to deliver the referenced <br />certificates to the County in the above stated manner, the County may immediately cancel this <br />Agreement or, but shall not be obligated to, procure the required policies. <br />Section 13 — Termination and Breach of the Agreement <br />13.01 Termination: The County shall have the right to terminate this Agreement without cause <br />and thereby end any and all obligations created by this Agreement subject to sixty (60) day notice. <br />13.02 Breach of the Agreement: It is a breach of this Agreement if the League fails to maintain <br />the required insurance pursuant to Section 12, and the County may automatically terminate this <br />6 <br />
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