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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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Template:
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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terminate this Agreement, then, upon the expiration of the aforesaid three day notice <br />period, Tenant shall remain liable for damages to the maximum extent provided herein or <br />permitted by law. <br />Section 12. Destruction of Premises. In the event that the Premises or a portion <br />thereof is destroyed or damaged by fire or other casualty, then Landlord may or may not <br />elect to repair or rebuild the Premises or to terminate this Agreement. If Landlord elects <br />to repair or rebuild, this Agreement shall remain in force, and Landlord shall complete all <br />repairs or rebuilding after such election. If Landlord elects to terminate this Agreement <br />rather than to repair or rebuild, Tenant shall promptly surrender possession of the <br />Premises to Landlord and neither Landlord nor Tenant shall have any remaining <br />obligations hereunder, except any obligations owed by Tenant that accrued before the <br />casualty, which obligations Tenant shall forthwith settle. Landlord shall not be liable for <br />any damages, inconvenience, or annoyance to Tenant resulting from any damage to the <br />Premises or from the repair or replacement thereof, and shall not be liable for any delay <br />in restoring the Premises unless arising from the Landlord's negligent or wrongful action. <br />If Tenant's negligence or the negligence of Tenant's agents, employees or invitees results <br />in damage or destruction to the Premises, then notwithstanding any other provision of this <br />Agreement, Tenant shall be obligated to pay the cost or repair, replacement or restoration <br />that exceeds any available insurance proceeds therefore, and Rent shall not abate during <br />the period of repair or restoration. <br />Section 13. Liability for Loss of Personal Property. All personal property placed or <br />moved in the Premises shall be at the risk of Tenant. Landlord shall not be liable for any <br />damage to person or to property occurring on the Premises or related to Tenant's use <br />thereof including, but not limited to, damages arising from the bursting or leaking of <br />water pipes. <br />Section 14. Alterations. Tenant shall not make any alterations to the Premises <br />without first obtaining the written consent of Landlord. Any alterations so approved by <br />Landlord shall (a) be made in a good and workmanlike manner; (b) be paid for in full by <br />Tenant; (c) be made with materials of comparable or better quality than are already in <br />place; and (d) not weaken the Premises or cause a reduction in fair market value of the <br />Premises. <br />Section 15. Access to Premises. Landlord may enter the Premises at any time for the <br />protection or preservation of the Premises. <br />Section 16. Cost of Collection and Attorney's Fees. In the event of legal <br />proceedings between the parties, the prevailing party in such proceedings shall be entitled <br />to have its costs and attorneys' fees, including costs and attorneys' fees for appellate <br />proceedings, paid by the non -prevailing party. <br />Section 17. Liens. Tenant agrees to keep the Premises free and clear of any lien or <br />encumbrance of any kind whatsoever created by Tenant's acts or omissions and Tenant <br />shall indemnify and defend, to the extent and limits permitted by law, Landlord against <br />M <br />
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