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HomeMy WebLinkAbout2009-119 2- I0 � � � 2_ clnpy LEASE AGREEMENT This lease entered into on this day of , 2009 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida , hereinafter called the " Landlord " , and Thomas Lester O ' Neal , Jr . , Thomas Lester O ' Neal , III and Gloria Testa , hereinafter called the "Tenant" , in consideration of the mutual promises and agreements set forth below , hereby agree as follows : WITNESSETH : 1 . PROPERTY AND TERM . The Landlord hereby leases to the Tenant the single family residence and facilities situated thereon , located at 7115 66 `h Avenue , Vero Beach , in the County of Indian River , Florida , the " Leased Premises " more particularly described as follows : See Exhibit "A " attached hereto . for a term of commencing from the date of closing and terminating two years from the date of closing . The rental of rate shall be $ 1 . 00 per month payable in advance . 1 . 1 Renewal of Lease . This lease shall be renewed for up to three one year periods if the 66 Avenue Improvement Project remains in the County ' s 5 year Capital Improvement Element at the beginning of each renewal period . 1 . 2 Extension of Lease . If the tenancy between the parties lasts 5 years from the date of closing , then the parties shall negotiate new lease terms . 1 . 3 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such . The lease shall terminate if the occupants , Thomas L . O ' Neal Jr . and Thomas L . O ' Neal III vacate the premises as their primary residence . 1 . 4 Termination of Lease by County . During any renewal period ( after the initial two year term ) the County may terminate this lease by given written notice to Tenant that the County will open bids for construction of 66 ` Avenue in 45 days . Tenant will have 45 days from the date of the letter to vacate the premises . 2 . USE OF PREMISES . During the term of this Lease , the Tenant shall use the leased premises for a private , single family residence , and for no other purpose . Tenant shall not use the premises , or any part thereof , or permit the same to be used for any illegal , immoral , or improper purposes , not to make , or permit to be made , any disturbance , noise , or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises . 1 8 . P_RQPERTY LFnASED " AS IS " . Tenant agrees that the property is being leased as is and ` that Landlord makes no warranty or guarantee of the condition of the property ` br any of the improvements . Tenant has examined the premises and has determined that the premises are suitable for Tenant ' s purposes . 4 . COMPLIANCE OF LAW . Tenant shall comply with all of the laws , rules , ordinances , and regulations of the County , State and Federal Governments , and agencies regarding the use of the leased premises . Violation of any law , rule , ordinance or regulation may result in immediate termination of this lease . 5 . MAINTENANCE AND REPAIRS . The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in a safe , clean and attractive condition during the term of this Lease . 5 . 1 Tenant may move the single family home located on the premises at his sole expense prior to the expiration of this lease . Prior to moving the house , Tenant shall obtain a bill of sale absolute from the County . Tenant shall abide by all state and local regulations concerning moving of structures . 6 . INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES . Tenant shall have the right to install on the premises such equipment , fixtures and other items necessary or convenient for its use of the premises . All equipment and property purchased by the Tenant and placed in , on , or about the leased premises , including equipment not affixed to the realty , shall remain the property of the Tenant . Tenant may remove same on or before the termination of the Lease . In addition , Tenant may remove any cabinets , wood flooring or wood paneling installed in the house so long as it is completed prior to termination of this Lease . 7 . PUBLIC UTILITIES . The Tenant will pay within time allowed for payment without penalties , all charges for water and electricity and all other public utilities which may arise from the Tenant ' s use of the leased property . The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities . 8 . HOLD HARMLESS . The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant ' s use of the leased property . 9 . INSURANCE . The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage . 9 . 1 Renters Insurance . Tenant agrees to keep and maintain at all time during the lease term , at Tenant' s expense , a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant ' s use of the premises in an amount of at least $ 100 , 000 for individual injuries and $ 200 , 000 per occurrence . The policy shall be written by a carrier licensed to do business in Florida 9 . 2 . Special Requirements . Ten days prior to the commencement of tenancy , a certificate of insurance shall be provided to the Risk Manager for review and approval . The certificate shall provide for the following : 2 A . Indian River County shall be named as an "Additional Insured " on the general liability policy . B . Indian River County will be given thirty ( 30 ) days ' notice prior to cancellation or modification of any stipulated insurance . Such notice shall be in writing by certified mail , return receipt requested , and addressed to the Risk Manager , 9 . 3 Lapse in Coverage . If the tenant allows insurance coverage required under this lease to lapse , expire or be canceled it shall be an immediate breach of the lease and grounds for eviction . 9 . 4 Damage by Fire or Other Causes . That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use , then this Lease shall thereby be determined ended . Landlord shall not be liable to rebuild , replace or repair said premises . 10 . MAINTENANCE OF EXTERIOR . Tenant agrees to mow grass and maintain the landscaping and shrubbery . Tenant agrees to maintain the automobile parking areas , driveways and the exterior of the building . 11 . RIGHT TO INSPECT . The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition . 12 . ASSIGNMENT OR SUBLEASE . Tenant shall not assign , sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason . This lease is entered into with the knowledge that , adults and _ children shall reside in the house . No additional residents , whether permanent or temporary shall be permitted to move into the house during the term of the lease without Landlord ' s written consent . Tenant shall not mortgage the leased premises . 13 . ATTORNEY ' S FEES AND COSTS . In the event there arises any dispute or litigation over the terms and conditions of this Lease , the prevailing party shall be entitled to all attorney ' s fees , costs and suit money expended to resolve that dispute . 14 . 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 : Thomas Lester O ' Neal 711566 th Avenue Vero Beach , Florida 32968 Such notices to Landlord shall be addressed as follows : Board of County Commissioners of Indian River County Attention : Wesley S . Davis 1801 27th Street 3 Vero Beach , Florida 32960 - 3388 These addresses may be changed by either party by providing written notification to the other . 15 . RADON GAS . Radon is a naturally occurring radioactive gas that , when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time . Levels of radon that exceed federal and state guidelines have been found in buildings in Florida . Additional information regarding radon testing may be obtained from you county public health unit . This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404 . 056 for the purpose of public information and notification . 16 . VIOLATION OF TERMS OF LEASE . If Tenant violates any of the covenants and conditions of this lease , then the Tenant shall become a Tenant at Sufferance , and in the event Tenant is evicted by suit at law , Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney ' s fee ; that no assent , expressed or implied , to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach . 4 IN WITNESS WHEREOF , we , the Landlord and Tenant , hereunto affixed our hands and seals at Vero Beach , Indian River County , Florida , the day and year first above written . INDIAN RIVER COUNTY , FLORIDA Thomas Lester O ' Neal , Jr . BOARD OF COUNTY COMMISSIONERS i V � / VV'Eg'ley S . Davi , Chairman ( Signature ) i Approved by BCC - ' 1 C G ( Date ) ATTEST : Thomas Leiter O ' Neal , III Jeffrey K . Barton , Clerk of Circuit Court (Signature) Deputy Clerk Glo Testa a ig a ure) Approved : Approved as to Form and Legal Sufficiency : Joseph . Baird , County Adn in strator Deputy County Attorney EXHIBIT " A " The South 90 feet of the South 355 feet of the East 10 acres of Tract 9 , Section 6 , Township 32 South , Range 39 East , and Canal , less the west 46 . 0 feet thereof , according to the last general plat of Indian River Farms Company , filed in the office of the Clerk of the Circuit of St . Lucie County , Florida ; said land now lying and being in Indian River County , Florida . Commonly known as : 7115 66th Avenue P I D# 32 - 39 - 06 - 00001 - 0090 -00005 . 0 5