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Home My WebLink About2008-281 ORIGINAL LEASE AGREEMENT This lease entered into on this 9th day of September 2008 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida , hereinafter called the " Landlord" , and Dolores Mary Pesce , 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 5805 23`d Street, Vero Beach , in the County of Indian River, Florida , more particularly described as follows : See Exhibit "A" attached hereto . for a term of [ 12 months] commencing from the date of closing , terminating one year hence , for a total rental of Twelve Dollars ($ 12 . 00) payable at the rate of $ 1 . 00 per month payable in advance . 1 . 1 Extension of Lease . This lease shall not be extended beyond the stated term unless agreed upon in writing , 30 days before expiration of this lease . 1 . 2 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 . 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 . 3 . PROPERTY LEASED " 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 or 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 . 1 ORIGINAL 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 . Upon the expiration of the Lease , the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease , reasonable wear and tear and damage by the elements excepted . 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 , provided that if removal results in damage to any part of the leased premises , the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property . In addition , any and all personal property not attached or installed in any building or structure shall remain Tenant' s property and may be removed on or 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 renter' s insurance policy protecting Landlord against any internal damage to the house , and 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 : 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. 2 ORIGINAL 9 . 3 Lapse in Coverane . 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 Damane 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 1 adults and 0 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 : Dolores Mary Pesce 5805 23`d Street Vero Beach , Florida 32966 Such notices to Landlord shall be addressed as follows : Board of County Commissioners of Indian River County Attention : Sandra L . Bowden 1801 27th Street 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 3 • ORIGINAL 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 . 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 . 41 . IND6,4`NeRIVEfR 9PUNTY, FLORIDA Dolores Mary Pesce 'tkQOATI "Bowden , JPLMMISSIONERS y4 ob = raWernan ( Signature) ( Date) a �5 .. 'effi 'A rdved by BCC S2ber 9 , 2008 ! , . - • lei N. ATTEST : Jeffrey K. Barton , Clerk of Circuit Court Deputy Clerk (Printed name) ( Date ) A ved : eph A. B rd , County Administrator Approved as t Form I Sufficiency: w ou* Attor&y 4 ORIGINAL Exhibit "A" Parcel 33=39-05-00004-0010 =00001 . 0 The East 112 of Lots 1 and 2 , Block 1 , RIVERA ESTATES , according to the Plat thereof, as recorded in Plat Book 1 , at Page 12 , and informational Plat recorded in Plat Book 10 , at Page 33 , of the Public Records of Indian River County, Florida , LESS AND EXCEPT the East 15 feet conveyed by deed recorded in O . R . Book 1072 , at Page 2973 Commonly known as . 5805 23rd Street, Vero Beach , FL 5