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Home My WebLink About2009-243 a � /0 e ? ASF " oZ 13 LEASE AGREEMENT This Lease entered on this 15th day of seQtPmhPr 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 Ruth Stanbridge , hereinafter called the "Tenant" . 4835 66th Avenue , Vero Beach , Florida 332967 , 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 that part taken known as Parcel 110 in Case No . 2009-0963CX05 , a portion of the land and improvements located at 4835 66th Avenue , Vero Beach , County of Indian River, Florida 32967 the " Leased Premises " more particularly described as follows : See Exhibit "A" the legal for Parcel 110 . 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 . 1 . 1 RENEWAL OF LEASE : This Lease shall be automatically renewed for six (6 ) month periods so long as the tenancy does not interfere with the commencement of the 66th Avenue Improvement Project . 1 . 2 EXTENSION OF LEASE : If the tenancy between the parties lasts five ( 5 ) years from the date of deposit , 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 , William Stanbridge and Ruth Stanbridge vacate the premises as their primary residence . 1 A TERMINATION OF LEASE BY COUNTY : During any renewal period ( after the initial one year term ) the County may terminate this Lease by giving written notice to Tenant that the County will in good faith commence construction of 66th Avenue Improvement Project . The " commencement° of the road project is defined as written notification by Indian River County that funds are available and intends in good faith to begin construction of the Project after its bids are received and awarded . Upon such notification tenant will have forty-five (45 ) days from the date the written notice is received to vacate the part taken known as the Leased Premises herein . 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 Tenants should the terms of this or any 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' 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 part taken , 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 . 00 for individual injuries and $200 , 000 . 00 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 . Be 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 lapse , expire or be canceled it shall be immediate breach of the lease and grounds for eviction from the part taken other than for access to the remainder . 9 . 4 DAMAGE BY FIRE OR OTHER CAUSES : That in the event the part taken is destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use , then this Lease shall terminate . Landlord shall not be liable to rebuild , replace or repair said premises . 10 . MAINTENANCE OR 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 onto the part taken upon reasonable notice . Landlord may only enter the Leased Premises not the 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 V mprovements , 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 of this Lease , the prevailing party shall be entitled to all attorney ' s fees , costs and suit money expended to resolve that dispute . 13 . 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" 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 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 . 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 by suit at law , Tenant agrees to pay to Landlord all costs of such breach of one or 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 VE LEY S . DAVIS , CHAIRMAN SIGNATURE APPROVED BY BCC September 154 2009 n DAT ATTEST : RUTH STANBRIDGE Jeffrey K . Barton , Clerk of Circuit Court SIGNATURE APPROVED Approved as to Form and Legal Sufficiency : SEP PA. BAIRD , DEPUTY C NT ATTORNEY MINISTRATOR 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 61st ' St . 0 + 13 0 57th 5t . 17 1s fro 4N . t8 > Relief Canal AC WILLIAM H . & 53rd a St_ _ RUTH M . STANBRIDGE _P�_ Site o > c ; m 49th cO ' St . 20 1i 0 a" �. 1 a : ::•: . . . . : ::.: . � • : :: : :: •::. . i 45th S ;4 :: :::::. L00 n LEGAL DESCRIPTION : PARCEL 110 A PORTION OF LAND BEING THE EAST 112 .00 FEET OF THAT PARCEL THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 264, PAGE 106 AND OFFICIAL RECORDS BOOK 394 , PAGE 70, 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 , 480 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 0000810 " 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 61G174, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS do 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 . 4 NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A 3 GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE PERRY C ITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROF ONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE N0. 4213, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS—OF—WAY AND DATE 1 / 15/07 REV 4/8/09 BEJ EASEMENTS OF RECORD. '= ADD IMPROVEMENTS 6/ 16/08 BU PROJEcT wmw �"� luurl 9c� CHECKED 6r ARCADIS h T /115,0 a ErY ARCA�IS U.S., Inc. m ADDITIONAL R/w PROJECT NUkIBF)i oruwweat c huu 2061VbbPwkwey Tel: (561) W4000 Fac (561 ) l97.7751 WPOO1053 10530110 (@I Weal Palm Beach, FbW 33411 wwwA4c8dbu&=n I SHEET 1 OF 2 SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY ! 0 00 n � CORNER OF 18 17 QN . E . i 53rd STREET SECTION 19 -32 - 39 19 20 V I STA 282 + 18 . 64 OFFSET: 29 .00 R M I STA: 282 + 18 . 59Ld I M o OFFSET: 83 . 00 L z rn ca S89' 53 ' 1A i N Z z F— Z O UNK 112 .fl0 N �- - - - - - - - - - - - o I N I o CYP s�N ;:: � N a 130 �' 112' ADDITIONAL R/W t 10 0 ' - 50 '-- i A PORTION OF TRACT 9 — w ® I (lam' .B. 2, PG. 25, S. LC.R. oJROC DRIVEWAY cn 4835 66th AVENUE o I VERO BEACH , FL. , 32967 a PID- 32391900001009000003 . 0 N I I o 30 .00' ROAD R/W AS DETERMINED BY g I — — — — — INDIAN RIVER COUNTY— —' 89653' 1 V4 STA: 280+53.59 z I a o OFFSET: 83.00 L OAKS 112.00 I s N (Type ) o a LEGEND: STA: 280 +53. 64 o I `a � � D.B . — DEED BOOK OFFSET: 29 .00 R N N P.O .C. — POINT OF COMMENCEMENT P.O. B. — POINT OF BEGINNING O L" a I N O) Z a P .B. — PIAT BOOK Z 1Lu — -J J V. I Mom PG. - PAGE z a PID - PROPERTY INDENTIFICATION NUMBER F- g Z POT - POINT OF TANGENCY 6 ~ I S. L.C.R. - ST. LUCIE COUNTY RECORDS 3: o ¢ I STA - STATION 0 - WOOD POWER POLE 50' R/W PER STATE OF FLORIDA ► - CYP - CYPRESS TREE DEPARTMENT RIGHT-OF-WAY MAP ® - UNK - UNKNOWN TREE :CTION NO . 88530, ROAD NO, 505 I 9 — OAK TREE COUNTY ROAD 615, 66th AVENUE PROJECT MkIM ER DEPARMN WAIUGER SCN.E: C1EO(ED BY PCW PCN' i • = 80' PCW ARCADIS / JECT DRAWN BY ADDITIONAL R/W Paas HUMBER 1RAWWC ►x1ueEFt ARCADIS U.S., Inc. Tel: (ssl ) ssrr000 F (561) esr-ns1 m WP001053 1053SD110 2081 V96h Padaray wwwAradbPw.=n SHEET 2 OF 2 Mast Palen Beed4 FlorW 33411