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Home My WebLink About2014-052 ORIGINAL g • I„ aoi �l � ds � LEASE AGREEMENT This lease entered into on this 15 day of April , 2014 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY , FLORIDA , a political subdivision of the State of Florida , hereinafter called the " Landlord " , and Timothy E . and Joshana Tynes , 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 Little Mermaid Car Wash and facilities situated thereon , located at 1935 43rd Avenue , Vero Beach , in the County of Indian River , Florida , more particularly described as follows : See Exhibit "A" attached hereto , for a term commencing from the date of May 1 , 2014 , terminating April 30 , 2015 , for a rental of $ 1750 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 and shall not be extended longer than an additional 90 days or commencement of road project which ever comes first . 1 . 2 Termination of Lease . Either party may terminate this lease with 60 days written notice . 2 . USE OF PREMISES . During the term of this Lease , the Tenant shall use the leased premises for a commercial car wash , 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 . • 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 1 ORIGINAL 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 , ail 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 premises , 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 $200 , 000 for individual injuries and $ 300 , 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 . 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 . 2 ORIGINAL 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 . 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 : Timothy E . and Joshana Tynes 1935 43rd Avenue Vero Beach , Florida 32960 Such notices to Landlord shall be addressed as follows : Board of County Commissioners of Indian River County Attention : Joseph E . Flescher , Chairman 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 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 3 ORIGINAL 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 . INDIAN RIVER COUNTY , FLORIDA Timothy E . Tynes !PR COUNTY CO , ISSIONERS Peter D . O ' Bryan , Chairman nature) ( Date) Approved by BCC April 15P 2014 Joshhana Tynes / v 131 /71 • J`�0y'�oniMrss�o^✓F• Signature) ( Date ) ATTEST : Jeffrey R . Smith , Cle of Cot 'krft$c' Witnessed by '• ��'ER coulA cyto'� Deputy Clerk ( Printed name) ( Date ) A proved : 4 0 BOLL d jb seph . Baird , County Administrator Apr to F m d al ufficiency: County Attorney ' 4 ORIGINAL EXHIBIT " A " Lot 3 , LESS AND EXCEPT the East 20 feet thereof, and all of Lot 22 , Pinewood Subdivision , according to the Plat thereof, as recorded in Plat Book 2 , at Page 89 , of the Public Records of Indian River County , Florida . Commonly known as : 1935 43d Avenue , Vero Beach , FL 32960 P I D#33 -39-04-00010-0000-00003 . 0 5