HomeMy WebLinkAbout2010-197 C
� 3 . A .
LEASE AGREEMENT
This Lease entered on this 20th day of October 2010 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 32960 and TERRY R . FLEMING and LYNDELL R . FLEMING , hereinafter
called the " Tenant" , 6880 16 `h Street , Vero Beach , Florida 32966 , 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
single family home and lot located at 6880 16th Street , Vero Beach , Florida 32966 ,
County of Indian River , the " Leased Premises " more particularly described as follows :
See Exhibit " A"
For the term of one year commencing from the date the County deposits funds into the
Court Registry pursuant to the Amended Order of Taking and Stipulated Final
Judgment and terminating one year from that date of deposit . The rental rate shall be
$ 1 . 00 per month payable in advance .
1 . 1 EXTENSION OF LEASE : The tenancy between the parties may be
extended by mutual agreement of the parties .
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 .
The Lease shall terminate if the occupants , Terry R . Fleming and Lyndell R . Fleming
vacate the premises as their primary residence .
1 . 3 SECURITY DEPOSIT . Landlord shall retain the sum of $ 1 , 000 as
security deposit . The security deposit is refundable upon termination of this agreement
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after satisfactory inspection of the leased premises by Landlord .
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 Leased Premises . Any sublease of the Leased Premises will be in
compliance with the terms of this Lease , and as such the Landlord 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 .
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 movable
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 . Upon termination
of the Lease , Tenant shall remove the commercial flower refrigeration unit . Tenant
may not remove any immovable fixtures from the home and property including , but not
limited to all cabinets , built- in appliances , oven , air conditioner compressor , water
softener , hot water heater , window treatments , ceiling fans , refrigerator , and outdoor
storage shed .
6 . 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
7 . 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 .
8 . 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 .
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 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 .
9 . 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 .
10 . RIGHT TO INSPECT : The Landlord may enter onto the property upon 24
hour notice .
11 . 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 .
12 . 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 and Landlord at :
Tenant : Terry R . Fleming and Landlord : Public Works Director
Lyndell R . Fleming Indian River County
688016 th Street 1801 27th Street
Vero Beach , FL 32966 Vero Beach , FL 32960 - 3388
These addresses may be changed by either party by providing written notification to the
other .
13 . 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 .
14 . 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 TERRY R . FLEMING
BOARD OF COUNTY COMMISSIONERS
PETER D . O ' BRYAN , CHAIRMAN SIGNATU E
APPROVED BY BCC 8 / 17 / 2010 '16
DATE
ATTEST : LYNDELL R . FLEMING
Jeffrey K . Barton , Clerk of Circuit Court
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APPROVED : Approved as to Form and Legal Sufficiency :
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OSEPH A . BAIRD WILLIAM K . DEBRAAL
COUNTY ADMINISTRATOR DEPUTY COUNTY ATTORNEY
EXHIBIT "A"
[ PROPERTY DESCRIPTION OF TAKE ]
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LEGAL OF REMAINDER PARCEL . TXT
LEGAL DESCRIPTION :
A PARCEL OF LAND BEING A PORTION OF TRACT 15 , SECTION 61 TOWNSHIP 33 SOUTH ,
RANGE 39 EAST , ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER
FARMS COMPANY , FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST ,
LUCIE COUNTY , FLORIDA , RECORDED IN PLAT Book 2 , PAGE 25 ; SAID LAND NOW LYING AND
BEING IN INDIAN RIVER COUNTY , FLORIDA ;
TOGETHER WITH PARCEL " A " THE CLUB AT VERO BEACH - P . D . ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 15 , PAGE 83 AND 83A - C OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY , FLORIDA .
TOGETHER WITH PARCEL " B " THE CLUB AT VERO BEACH - P . D . ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 159 PAGE 83 AND 83A - C OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY , FLORIDA .
BEING MORE PARTICULARLY DESCRIBED AS ;
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL " B " ; THENCE ALONG THE NORTH
LINE OF SAID PARCEL B AND ALONG THE SOUTH LINE OF SAID CLUB AT VERO BEACH -
P . D . , RECORDED IN PLAT BOOK 15 , PAGES 83 AND 83A - C , PUBLIC RECORDS OF INDIAN
RIVER COUNTY , FLORIDA , THROUGH THE FOLLOWING THREE COURSES , SOUTH 89A17 ' 24 "
EAST , A DISTANCE OF 30 . 18 FEET ; THENCE SOUTH 00A26 ' 37 " WEST , A DISTANCE OF 31 . 66
FEET ; THENCE NORTH 86Al2 ' 13 " EAST , A DISTANCE OF 96 . 20 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL " B " ; THENCE ALONG THE WEST LINE OF SAID PLAT OF THE CLUB
AT VERO - P . D . THROUGH THE FOLLOWING FOUR COURSES , SOUTH 03A46 ' 05 " EAST , A
DISTANCE OF 47 . 15 FEET ; THENCE SOUTH 03A05108 " EAST , A DISTANCE OF 76 . 81 FEET ;
THENCE SOUTH 45A33 ' 25 " EAST , A DISTANCE OF 59 . 86 FEET ; THENCE SOUTH 00A14 ' 41 "
WEST , A DISTANCE OF 2 . 93 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE FOR
16
TH . STREET , AS DESCRIBED ON OFFICIAL RECORD Book 24129 PAGE 19987 PUBLIC
RECORDS OF INDIAN RIVER COUNTY , FLORIDA ; THENCE ALONG SAID NORTH RIGHT OF WAY
LINE , SOUTH 89A53 ' 07 " WEST , A DISTANCE OF 176 . 71 FEET TO A POINT ON THE
SOUTHERLY PROLONGATION OF THE EAST LINE OF THE VILLAGE OF LEXINGTON , ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 , PAGES 45 AND 45A , PUBLIC RECORDS
OF INDIAN RIVER COUNTY , FLORIDA ; THENCE ALONG SAID WEST LINE OF THE VILLAGE OF
LEXINGTON AND ITS SOUTHERLY PROLONGATION , NORTH 00A14 ' 41 " EAST , A DISTANCE OF
194 . 61 FEET TO THE POINT OF BEGINNING .
CONTAINING A TOTAL OF 23 , 616 SQUARE FEET OR 0 . 542 ACRES .
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