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03/05/2024
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03/05/2024
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Last modified
4/30/2024 11:25:20 AM
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4/30/2024 11:09:33 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/05/2024
Meeting Body
Board of County Commissioners
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21.1 Upon the occurrence of an Event of Default, the Landlord shall send a <br />written notice to Tenant, in the manner set forth in this Lease, setting forth the Event of <br />Default in specific detail and the date this Lease shall terminate in the event Tenant <br />does not cure the default. <br />21.2 Within thirty (30) days following receipt of a default notice, Tenant shall have <br />cured the default to the reasonable satisfaction of Landlord. <br />21.3 In the event Tenant fails to cure the Event of Default within thirty (30) days, <br />this Lease shall be deemed to be terminated with no further action by the Landlord, <br />22. TERMINATION BY TENANT. Tenant shall have the right, upon providing thirty <br />(30) days prior written notice to the Landlord in the manner set forth in this Lease, to <br />terminate this Lease at any time after the occurrence of one or more of the following <br />events: <br />1) Issuance by any court of competent jurisdiction of any injunction <br />substantially restricting the use of the Leased Premises for the purposes <br />of operating the Gifford Youth Activity Center, and such injunction <br />remains in force for a period of more than sixty (60) calendar days; or <br />2) A breach by the Landlord of any of the terms, covenants or conditions <br />contained in this Lease to be performed by the Landlord and the failure of the <br />Landlord to remedy such breach for a period of thirty (30) calendar days after <br />receipt of written notice thereof. <br />3) Termination for Nonappropriation. In the event that the Landlord in any fiscal <br />year fails to appropriate sufficient funds (in the sole determination of the <br />Tenant), to continue operation of the facility, the Tenant may terminate the <br />Lease by giving the Landlord ninety (90) days' written notice. <br />23. QUIET ENJOYMENT. If and so long as Tenant performs all Tenant's obligations <br />under this Lease, Landlord covenants that Tenant shall and may quietly hold and enjoy <br />the Leased Premises, subject to any applicable laws, ordinances, and governmental <br />regulations, and to any governmental actions, and to any taking under the power of <br />eminent domain. <br />24. GOVERNING LAW. This Lease shall be governed by the laws of the State of <br />Florida and any and all legal action instituted because of this Lease shall be instituted in <br />Indian River County. <br />25. CUMULATIVE REMEDIES; NON -WAIVER. Each right, power and remedy of the <br />Landlord or the Tenant provided for in this Lease shall be cumulative and concurrent and <br />shall be in addition to every other right, power or remedy provided for in this Lease or now <br />or hereafter existing at law or in equity or by statute or otherwise. The failure of either <br />party to insist upon compliance by the other party with any obligation, or exercise any <br />remedy, does not waive the right to so in the event of a continuing or subsequent <br />delinquency or default. A party's waver of one or more defaults does not constitute a <br />6 165 <br />
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