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2023-165
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2023-165
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Last modified
11/7/2023 1:01:37 PM
Creation date
8/25/2023 10:03:27 AM
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Official Documents
Official Document Type
Lease
Approved Date
08/15/2023
Control Number
2023-165
Agenda Item Number
8.AN.
Entity Name
Medical Examiner
Indian River, St. Lucie, Martin & Okeechobee Counties
Subject
Ground Lease
Ground Lease. All four counties have agreed to share cost of design and costruction of the new
Medical Examiner's Facility
Document Relationships
2023-166
(Cover Page)
Path:
\Official Documents\2020's\2023
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Section 6.02. Lessor's Liability Insurance. Without waiving the right to sovereign <br />immunity, Lessor acknowledges that it is self-insured for general liability and automobile liability. <br />Lessor agrees to maintain or to be self-insured for worker's compensation and employer's liability <br />insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. <br />Lessor agrees to provide Lessee upon request with an affidavit or certificate of insurance <br />evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to <br />recognize as acceptable for the above -referenced coverages. Compliance with the requirements of <br />this paragraph shall not relieve Lessor of its liability and obligations under this Agreement. <br />ARTICLE VII <br />DAMAGE, DESTRUCTION, AND EMINENT DOMAIN <br />Section 7.01. Damage and Destruction of the ME Facility. In the event the ME Facility is <br />damaged or rendered totally or partially untenantable by fire or other casualty ("Damage"), Lessee <br />shall give notice to Lessor within ten (10) business days of such Damage. If the ME Facility has <br />been Substantially Damaged (as defined hereinafter), then within ninety (90) days, or such longer <br />period as is reasonably required under the circumstances (but not to exceed one hundred twenty <br />(120) days), following any Damage, Lessee, in its sole and absolute discretion, may elect in writing <br />to rebuild or repair such Damage, at Lessee's expense, or to terminate this Lease. If Lessee fails <br />to timely make such election, then Lessor may send a written notice to Lessee requesting that <br />Lessee make such election. Lessee's failure to respond within twenty (20) days after receipt of <br />such written request shall be deemed to be an election by Lessee not to rebuild or repair such <br />Damage. For purposes hereof, "Substantially Damaged" shall mean if the cost of repairing or <br />replacing the same exceeds fifty percent (50%) of their replacement cost immediately prior to the <br />casualty (excluding the value of foundations, footers, and paving). If Lessee elects to not rebuild <br />or restore the ME Facility or any part thereof, Lessee agrees to deliver the Premises to Lessor in <br />broom -clean condition, and, at Lessor's option, Lessee shall demolish/remove any improvements <br />remaining on the Premises, or those specified in writing by Lessor, no later than two hundred ten <br />days (210) days after the date of the casualty and this Lease shall terminate on the date Lessee <br />completes the demolition/removal but in any event no later than two hundred ten (210) days after <br />the date of the Damage. If the ME Facility is not substantially damaged, Lessee shall promptly <br />rebuild or repair such Damage at Lessee's sole cost and expense. Repairs and replacements shall <br />be made in accordance with this Lease. Lessee shall be entitled to adjust, collect, and compromise, <br />in its sole discretion, all claims under any applicable insurance policies carried by Lessee, to <br />execute and deliver all necessary proofs of loss, receipts, vouchers and releases required by the <br />insurers and to use any such proceeds as Lessee shall elect in its sole discretion, subject to its <br />obligations under this Section. <br />Section 7.02. Eminent Domain. In the event the Premises, or any part thereof, shall be <br />taken or condemned for public purposes by any competent authority, having the power of eminent <br />domain, or by voluntary conveyance in lieu of the exercise of such power, and Lessee determines <br />in its reasonable discretion that such condemnation will have a material adverse impact on the <br />ability of Lessee to conduct its business from the Premises; then, within thirty (30) days after the <br />date on which Lessee receives written notice that such condemnation has occurred, Lessee shall <br />have the right to terminate this Lease by written notice to the Lessor, which termination shall be <br />4 <br />
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