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2023-196
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2023-196
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Last modified
10/9/2023 1:55:12 PM
Creation date
10/9/2023 1:49:48 PM
Metadata
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Official Documents
Official Document Type
Lease
Approved Date
09/12/2023
Control Number
2023-196
Agenda Item Number
8.M.
Entity Name
City of Sebastian
Subject
Historical School Building Lease Agreement 1235 Main Street, Sebastian
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hold Landlord harmless from all claims, charges, penalties, fines, liabilities, costs <br />(including clean-up costs), and all other obligations and expenses arising directly or <br />indirectly from such violation. <br />Section 6. Ouiet Enioyment. Upon paying the Rent and performing all other <br />covenants and obligations under this Agreement, Tenant shall hold the Premises free <br />from disturbance. <br />Section 7. Redelivery. Tenant covenants that at the termination of this <br />Agreement, whether by expiration, default or otherwise, Tenant shall promptly re -deliver <br />the Premises to Landlord free from subtenancies and in the condition the Premises are <br />presently in, reasonable use and wear excepted. Any personal property or trade fixtures <br />remaining on the Premises three days after termination shall be deemed abandoned by <br />Tenant, and may be disposed of as Landlord deems fit at Tenant's expense. All personal <br />property or fixtures located in the Premises on the Commencement Date shall be <br />redelivered in good condition with the Premises. <br />Section 8. Acceptance of Premises. Tenant acknowledges that Landlord has <br />made no representation or warranty that the Premises are fit for Tenant's intended use. <br />Tenant has inspected the Premises, and Tenant accepts the Premises "as is". <br />Section 9. Indemnification/Liability/Loss. Both of the parties are protected by <br />sovereign immunity and each party shall indemnify, defend and save the other party <br />harmless, to the extent and limits permitted by law including, but not limited to, Section <br />768.28, Florida Statutes, from and against all claims, demands, obligations, liabilities, <br />penalties, fines, charges, costs and expenses, including attorney's fees, costs and <br />expenses for the defense thereof, arising from occurrences on or about the Premises or <br />from the party's negligent activities thereon. Should claim be brought against a party or a <br />party be made a party to any action relating to the other party's negligence then the party <br />shall reimburse the other party for all attorney's fees, costs and expenses incurred by the <br />non -negligent party in connection with the claim or action. <br />Section 10. No Assignment without Consent. Tenant shall not assign this <br />Agreement or any of Tenant's rights hereunder, nor sublet the Premises or any portion <br />thereof, without first obtaining the written consent of Landlord. <br />Section 11. Default. Landlord, at its option, may terminate this Agreement on <br />three days' notice to the Tenant: (a) if any Rent due hereunder is not paid when due; or <br />(b) if the Premises are abandoned by Tenant or otherwise become and remain vacant or <br />deserted for a period of 10 days or more; or (c) if the Premises are used for some purpose <br />other than the use authorized herein; or (d) if Tenant shall have failed to cure a default in <br />the performance of any other provision of this Agreement or any rule or regulation set <br />forth herein within ten 10 days after written notice thereof to Tenant from Landlord, or if <br />such default cannot be completely cured in such time, if Tenant shall not promptly <br />proceed in good faith to cure such default within said ten 10 days, or shall not complete <br />the curing of such default with due diligence. In the event that Landlord elects to <br />2 <br />
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