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Home My WebLink About2009-242 LEASE AGREEMENT This Lease entered on this 15th day of September 2009 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA, a political subdivision of the State of Florida called the " Landlord" , 1801 27th Street Vero Beach , FL 32950 and William Stanbridge and da 332967 Stan nr' considerat on of thedge , hereinafter llm tuathel " Tenant" . 4855 66th Avenue , Vero Beach , promises and agreements set forth below , hereby agree as follows : WITNESSETH : 1 . PROPERTY AND TERM : The Landlord hereby leases to the Tenant that part taken known as Parcel 109 in Case No . 2009-0963CA-05 , a portion of the land and improvements located at 4855 66 Avenue , Vero Beach , County of Indian River , Florida 32967 the " Leased Premises more particularly described as follows : See Exhibit "A" the legal for Parcel 109 . For the term of one year commencing from the date the County deposits its good faith estimate of value with the registry of the court and terminating one year from that date of deposit . The rental rate shall be $ 1 . 00 per month payable in advance . ly renewed 1 . 1 RENEWAL OF LEASE : Thisdoes nothnterfere with the cease sall be lomme cement for six (6) month periods so long as the tenancy of the 66th Avenue Improvement Project . 1 . 2 EXTENSION OF LEASE : If the shall tenancy es terms . five ( 5) years from the date of closing , then the parties negotiate new eas 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 . 1 . 4 TERMINATION OF LEASE BY COUNTY : During any renewal period term) the County may terminate this Lease by giving written (after the initial one year notice to Tenant that the County will in good faith commence oad construction u s' defined as Avenue Improvement Project . The commencement oft project written notification by Indian River County that funds are available and intends in good fter its bids are received and awarded . Upon faith to begin construction of the Project a such notification tenant will have forty-fiv 45) days from the date the sed Premises here n written notice is received to vacate the part taken known as the 2 . USE OF PREMISES : During the term of this Lease , the Tenant shall use the Leased Premises for any lawful residential use . Tenant will obtain prior approval before subletting the part taken . Any sublease of the part taken will be in compliance with the terms of this Lease , and , as such , the county shall have standing to evict any Tenant should the terms of this and any other lease be violated . 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 Government , 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 any structure located on the part taken . Tenant shall abide by the 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 . (Tenant may remove what fixtures and equipment and personal property ) . 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 lease property . The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities to the Leased Premises 8 . HOLD HARMLESS : The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant or SubTenant' 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 agreesrenter' s k assurance policy protecting during the lease term , p and maintain at all time at Tenants expense , a Landlord against any internal damage to the Pa nds that may arise rt taken , and a general be claimed Iron protecting Landlord against all claims and demafor account of Tenant' s use of the premises in an amountoleast shall $ 100 , 000 - 00 ritten by a individual injuries and $200 , 000 . 00 per occurrence The policy carrier licensed to do business in Florida . 9 . 2 SPECIAL REQUIREMENTS : Ten days e rRisk Manager foior to the e ncement rev ew and of tenancy , a certificate of insurance shall be provided to approval . The certificate shall provide for the following : A . Indian River County shall be named as an " Additional Insured " on the general liability policy . Be Indian River County will be given thirty ( 30) days ' notice prior to cancellation or modification of any stipulated insura cem uch notice shathe Risk Manager be in writing by certified mail , return receipt requested , and addressed to 9 . 3 LAPSE IN COVERAGE : if the tenant allows insurance coverage or be canceled ' of the required under this lapse , expire taken othebe r than breach from the part to access sto the lease and grounds for eviction remainder . 9 .4 DAMAGE BY FIRE OR OTHER CAUSES : That in the event the part taken is destroyed or so damaged by fire nd �ordeshall not be liable to ebui d ,r casualty as to be unfit for �eplace or or use , then this Lease shall terminate . L repair said premises . 10 . MAINTENANCE OR EXTERIOR: Tenant agrees goemaintain the automobile rees to mow grass and maintain the landscaping and shrubbery . Tenant parking areas , driveways and the exterior of the building . 11 . RIGHT TO INSPECT : The Landlordonto Prem s Premisespart not the taken upon reasonable notice . Landlord may only enter he Leased remainder property . Should structures from the part taken be moved to the remainder , the County Building Inspector retains the ability to inspect any such relocated improvements , to assure compliance with County Codes . 12 . ATTORNEY' S FEES AND COSTS : In the event there arises any dispute or litigation over the terms and conditions tfmoneyLease , expendedt o relsong ve that party shall be entitled to all attorney s fees , costs an dispute . 13 NO : 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 William and Ruth Stanbridge 483566 th Ave . Vero Beach , FL 32967 Such notices to Landlord shall be addressed as follows : Public Works Director Indian River County 1801 27th Street Vero Beach , FL 32960-3388 These addresses may be changed by either party by providing written notification to the other . 14 . 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 your county lth unit . This Chapter 404 . 056gfop the is included pursuant to the requirement of Florida Statutes purpose of public information and notification . 15 . 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 Landlord all costs of such breach of one o more of the covenants and agreements shall be deemed to be 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 , INDIAN RIVER COUNTY , FLORIDA WILLIAM STANBRIDGE BOARD OF COUNTY COMMISSIONERS WESLEY S . DAM CHAIRMAN S GNATUR APPROVED BY BCC September 150 2009 . :W Z� 0 g DAT ATTEST : RUTH STANBRIDGE Jeffrey K . Barton , Clerk of Circuit Court SIGNATURE APPROVED Approved as to Form and Legal Sufficiency : r ► � OSEP A. BAIRD , DEP Y COUNTY ATTORNEY DMINISTRATOR EXHIBIT "A" [ PROPERTY DESCRIPTION OF TAKE] SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! LOCATION MAP : NOT TO SCALE Composite Exhibit "A" 619 1 st t . _ c 113 C) 57th St . 1 s o ( �, N , 1_8 > Relief Canal OWNERS : PSI ; 53rd a St . — - - - WILLIAM H . & J - - RUTH M . STANBRIDGE _ P 7 Site - � co - - - > o � , 49th 21 X 124 I 19 . . . . . . . . . . . . 00 P � � , 45th S Ln LEGAL DESCRIPTION : PARCEL 109 A PORTION OF LAND BEING THE EAST 112 . 00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 554 , PAGE 1006 AND OFFICIAL RECORDS BOOK 554 , PAGE 1442 , PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL LYING WITHIN TRACT 9 , INDIAN RIVER FARMS CO . PLAT OF LANDS , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 25 , PUBLIC RECORDS , SAINT LUCIE COUNTY, FLORIDA. ALL SAID LANDS LYING WITHIN SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 18 , 142 SQUARE FEET OR 0 . 42 ACRES , MORE OR LESS , ALL BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF SECTION 19 , TOWNSHIP 32 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, SAID LINE IS ASSUMED TO BEAR NORTH 00008110 " EAST. SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS - OF- WAY OF RECORD . CERTIFICATION : I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17 - 6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE ER WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROF IONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4213, STATE OF FLORIDA HEREON . NOTE: LANDS SHOWN HEREON WERE NOT DATE: 1 / 15/07 ABSTRACTED FOR RESTRICTIONS , RIGHTS-OF-WAY AND REV 4/8/09 BEJ EASEMENTS OF RECORD. ADD IMPROVEMENTS 6/ 16/08 BEJ QCT MANAGER oEPxr � 444 S c1YC Eo SY ARCADIS ' �" " � �° P N SHEET TITLE DATE DILIWPI BY A 1 /15/07 M ARCADIS U.S., Inc. m ADDITIONAL R/W PROJECT Hu�E1t DRAWING NUMBER 2061VbWPah" Tat (561 ) 697a000 Fox (561 ) 697wml WP001053 1053SD109 (91 West Palm Beach. FW& 33411 www mads moom SHEEP 1 of 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! 0 ao u w J Q U 53rd STREET N . E . CORNER OF18 17 SECTION 19 -32 - 39 19 20 STA: 283 +80. 55 OFFSET: 29 .00 R M i 0 M w STA: 283 + 80. 50 o I Lij a' a OFFSET: 83 .00 L � S89053 ' 1 3"E I 112 . 00' � o0 N � 30 .00 ' ROAD R/W k N AS DETERMINED BY INDIAN RIVER COUNTY rn BLDG I crc + , 1 112 ' ADDITIONAL R/W� cm® so B i--so'-- w A PORTION OF TR109ACT 9 Cl P.B. 2, PG. 25, S.L.C.R. cn I o VERO BEACH , FL. , 32967 OAK � PID- 32391900001009000002.0 b (rYP . ) �o I � Caj - - - - - - -- - - - - z ° 112.00' Q 89' 53' 13 C I a STA: 282 + 18 . 59 LEGEND: OFFSET: 83. 00 L o I N D.B. - DEED BOOK STA: 282 + 18 . 64 N 9 P.B. - PLAT BOOK OFFSET: 29 .00 o I PG. - PAGE z 0' _z ¢ I. Q N PID - PROPERTY INDENTIFICATION NUMBER J S.L.C.R. - ST. LUCIE COUNTY RECORDS r- I a STA - STATION 3 I 5 N 0 - WOOD POWER POLE c~n MB - MAILBOX 30 ' ROAD R/W 3 0 ^ z a AS DETERMINED BY INDIAN RIVER COUNTY D. B. 48 , PG . 23 `� I 50 ' R/W PER STATE OF FLORIDA-- STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION N0, 88530, ROAD N0 , 505 COUNTY ROAD 615, 66th AVENUE PRWKT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY Ar ARCADIS T -15%. B BY IS U.S., Inc. ADDITIONAL R/W ►RaEcr NUA�eER ARCADDRAWING NUMBER 2001VblaN*# ey Tal: (581) W*700D Fax: (581 ) 697mMl WPoo1053 1053SD109 Q Weft Palm Beeth, Floft 33411 mmarcedb+e.cam I SHEET 2 DF 2