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2005-330
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2005-330
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Last modified
8/10/2016 2:17:16 PM
Creation date
9/30/2015 9:18:07 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/04/2005
Control Number
2005-330
Agenda Item Number
7.LL.
Entity Name
City of Fellsmere
Subject
Fellsmere Frog Leg Festival Lease Agreement
Area
Fellsmere
Supplemental fields
SmeadsoftID
5213
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any liability and expend whatever amounts in its reasonable discretion it may deem <br /> necessary therefor . All expenses so incurred by Lessor shall be , without demand, <br /> immediately due and payable by Lessee and shall bear interest at the rate of ten percent <br /> ( 10 %) per annum until paid . <br /> 13 . RIGHTS UPON DEFAULT <br /> On the occurrence of any of the items listed in Section 11 , as constituting a default, Lessor <br /> may without notice to or demand on Lessee , immediately take possession of the Premises . <br /> 14 , CHOICE OF LAW <br /> This Lease shall be governed by and construed under the laws of the State of Florida . <br /> Venue shall be in the appropriate court in Indian River County , Florida . <br /> 15 , LIMITATION OF EFFECTS OF WAIVERS <br /> No delay or omission to exercise any right , power or remedy accruing to Lessor for any <br /> breach or default by Lessee under this Lease will impair any such right, power or remedy <br /> of Lessor, nor shall it be construed to be a waiver of any such breach or default, or any <br /> acquiescence therein, or of any similar breach or default thereafter occurring ; nor shall <br /> any waiver of any single breach or default be deemed a waiver of any other breach or <br /> default theretofore or thereafter occurring . Any waiver, permit, consent or approval of any <br /> kind or character on the part of Lessor of any breach or default under this Lease , or any <br /> waiver on the part of Lessor of any term , provisions , condition or covenant of this Lease , <br /> must be in writing, and will be effective only to the extent in such writing specifically set <br /> forth. All remedies , either under this Lease or by law, or otherwise afforded to Lessor, will <br /> be cumulative and not alternative . <br /> 16 . ASSIGNMENT <br /> Lessee shall not assign this Lease or any interest in said Lease , without Lessor ' s written <br /> consent . Lessee shall not sublet the Premises herein, or any part of it, without Lessor ' s <br /> written consent . <br /> 17. LEASE APPLICABLE TO SUCCESSORS AND ASSIGNS <br /> Lessor and Lessee agree that the rights and obligations under this Lease shall inure to and <br /> be binding on their respective successors and assigns , subject , however, to the provisions <br /> of Section 16 , herein . <br /> 18 . ATTORNEY ' S FEES <br /> In the event that any action is filed in relation to this Lease , the unsuccessful party in the <br /> action shall pay to the successful party, in addition to all other sums that either party may <br /> be called on to pay , a reasonable sum for the successful party ' s attorneys ' fees and costs . <br /> 19 . SEVERABILITY <br /> This Lease embodies the entire agreement between the parties . It may not be modified or <br /> terminated except as provided herein or by other written agreement. If any provision <br /> herein is invalid it shall be considered deleted here from , and shall not invalidate the <br /> remaining provisions . <br /> 20 . TERMINATION OF LEASE <br /> Unless otherwise terminated, this Lease will continue in force until all of the obligations <br /> of the parties hereto have been discharged . Upon the sale , lease or transfer of the property , <br /> whether voluntary or involuntary through Court Order or otherwise , the Lessor shall have <br /> the right to terminate this Lease upon giving Sixty (60) days written notice to Lessee, <br /> without incurring any responsibility or liability whatsoever . Any advance rent received by <br /> Lessor shall be prorated as of the date of termination and refunded to the Lessee . <br /> 3 <br />
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