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13. OPERATING COSTS. (A). County Contribution. Indian River County agrees to be responsible for a portion of operating costs of the Gifford Youth Activities Center on the terms and conditions set forth in this Lease. For fiscal year 2002/03, Indian River County shall contribute up to $122,443 on a reimbursement basis for those costs as itemized in the Operating Budget approved by Indian River County. Subsequent years' contribution are expected to be adjusted upward or downward annually to reflect changes in the consumer price index for all urban consumers for the South, all items, 1982-84 equals 100, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"); provided, however, that no increase or decrease in the contribution by the County shall exceed percent (3%) per annum; and further provided, that the County contribution will be reduced by the amount of grants obtained for each fiscal year's operating expenses and/or programs. (B) OPERATING BUDGET AND RENEWAL AND REPLACEMENT FUND. An itemized operating budget shall be submitted to Indian River County by April 1st of each fiscal year. Actual annual appropriations shall be approved through the County budgetary process. While the CPI shall be utilized as a guide to adjustment of annual operating expenses, the County's annual contribution to the operating expenses shall be subject to annual appropriation from legally available funds. For each fiscal year, five percent (5%) of the County's contribution to the Tenant's operating budget shall be retained by Landlord and held in reserve by Landlord in a Renewal and Replacement Fund for repairs to the Gifford Youth Activities Center. 14. RIGHT TO INSPECT. The Landlord may enter and inspect the Leased Premises at all reasonable hours to insure the Leased Premises are being properly maintained and kept in good condition. 15. PROHIBITION ON ASSIGNMENT, SUBLEASE, OR ENCUMBRANCE. Tenant shall not, in any manner, assign, transfer, mortgage, pledge, encumber, or otherwise convey an interest in this Lease, or sublet the Leased Premises or any part thereof (any one of the foregoing events hereinafter referenced as an "Assignment"), without the prior written consent of the Landlord which consent may be granted, conditioned, or withheld at Landlord's sole discretion for any reason. Any such attempted Assignment without Landlord approval shall be null and void. 16. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, each party shall bear its own attorney's fees, costs, and expenses to resolve that dispute. 17. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: Gifford Youth Activity Center, Inc., 4875 43`d Avenue Vero Beach, Florida 32967 4 163