HomeMy WebLinkAbout2003-1201
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RESOLUTION NO. 2003- 120
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, APPROVING A COOPERATIVE FACILITY LEASE AGREEMENT WITH
THE WEST WABASSO PROGRESSIVE CIVIC CLUB, INC. AND THE DASIE BRIDGEWATER
H OPE CENTER, INC., A PROGRAM OF THE SUBSTANCE ABUSE COUNCIL OF INDIAN
RIVER COUNTY, INC. FOR THE USE OF THE OLD DOUGLASS SCHOOL CAFETERIA
B UILDING AT THE OLD DOUGLASS ELEMENTARY SCHOOL SITE
WHEREAS, the West Wabasso Progressive Civic Club, Inc, a Florida not for profit corporation
organized exclusively for religious, charitable, scientific, literary and educational purposes within the
meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 and the Dasie Bridgewater Hope
Center, Inc., a Florida not for profit corporation organized exclusively for religious, charitable,
scientific, literary and educational purposes within the meaning of Section 501(c)(3) of the Internal
Revenue Code of 1986, a program of the Substance Abuse Council of Indian River County, Inc. have
requested the cooperative use, in conjunction with the Indian River County Recreation Department of
the Old Douglass School Cafeteria Building on the Old Douglass Elementary School Site for the
purpose of conducting youth activities; and
WHEREAS, the Board of County Commissioners finds that such a use of County property
promotes the community interests and welfare,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDAIN RIVER COUNTY, FLORIDA that the Board of County Commissioners of Indian River
County, Florida, hereby approves and authorizes the Chairman to execute a cooperative facility use
lease agreement among the Board of County Commissioners of Indian River County, Florida, the
West Wabasso Progressive Civic Club, Inc and the Dasie Bridgewater Hope Center Inc. a program
of the Substance Abuse Council of Indian River County, Inc. as set out in the attached exhibit for a
term of thirty (30) years at a rental rate of One Dollar ($1.00) each per year payable in advance.
This lease is entered into pursuant to the authority of Florida Statutes sections 125.38 and
125.01.
The foregoing resolution was offered by Commissioner Neuberger and seconded by
Commissioner Gi nn , and, upon being put to a vote, the vote was as follows:
Chairman Kenneth R. Macht
Vice Chairman Caroline D. Ginn
Commissioner Fran B Adams
Commissioner Arthur R. Neuberger
Commissioner Thomas S. Lowther
Aye
Aye
Aye
Aye
Ave
The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of
September, 2003.
At Barton,per
Deputy Clerk
BOARD 0 OUNTY OM IONERS
By, Ar:Scs
Kenneth R. Macht, Chairman
APPROVED AS TO FORM
AND Lr S L SUFFICIENCY /
IF • ivr
SiSTANT ARAN COUNTYE. ATT• • NEY
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EXHIBIT A
[COPY OF COOPERATIVE FACILITY USE LEASE
AGREEMENT]
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COOPERATIVE FACILITY USE LEASE AGREEMENT
THIS COOPERATIVE FACILITY USE LEASE AGREEMENT ("Lease") dated as of
September 23 2003 ('Effective Date") among the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
State of Florida (hereinafter "Landlord"), WEST WABASSO PROGRESSIVE CIVIC CLUB,
INC., a Florida not for profit corporation (hereinafter "Civic Club '), and DASIE
BRIDGEWATER HOPE CENTER, INC a Florida not for profit corporation, a program of the
Substance Abuse Council of Indian River County, Inc. (hereinafter "Dasie Hope").
BACKGROUND RECITALS
A. Indian River County is authorized, pursuant to Section 125 38, Florida Statutes,
to lease real property owned by Indian River County to not for profit organizations
organized for the purposes of promoting community interest and welfare.
B. On January 8, 1986, the Indian River County Board of County Commissioners,
as landlord, entered into a lease agreement with the Economic Opportunities Council of
Indian River County, Inc. ("EOC'), as tenant for the entire premises known as the "Old
Douglass Elementary School Site" (hereinafter the "EOC Lease").
C. The EOC Lease has a twenty-year term ending January 8, 2006.
D On November 26, 1986, the Indian River County Board of County
Commissioners, as landlord, entered into a lease agreement (the "1986 Lease") with an
entity called the `Wabasso Progressive Civic League, Inc." for a portion of land that may
have been mis-described in the 1986 Lease and that appeared to have been leased to
EOC under the EOC Lease.
E Subsequently, the Indian River County Board of County Commissioners, as
landlord, asked the "Wabasso Progressive Civic League, Inc" to quitclaim back to the
County any premises that were leased under the 1986 Lease, thereby effectively
terminating the 1986 Lease. At the same time,. the Economic Opportunities Council of
Indian River County, Inc. entered into a License with the "Wabasso Progressive Civic
League, Inc.' (the "1986 License') for the use of the Old Douglass School Cafeteria
Building ("Cafeteria");
F It appears that the entity called the "Wabasso Progressive Civic League, Inc " is
not a Florida corporation and it further appears that there had been some long-standing
confusion over the correct name of the West Wabasso Progressive Civic Club, Inc.;
G. The West Wabasso Progressive Civic Club, Inc. was incorporated as a Florida
not for profit corporation on November 3, 1964 and organized exclusively for religious,
charitable, scientific, literary and educational purposes within the meaning of Section
501(c)(3) of the Internal Revenue Code of 1986
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H. The Cafeteria has been used by West Wabasso Progressive Civic Club, Inc.
since the 1986 Lease and the 1986 License for the convenience, benefit, and welfare of
the public. In coordination with the Indian River County Recreation Department, the
Cafeteria is also used for recreational and sporting activities and events after school, in the
evenings, and on weekends.
I. The Dasie Bridgewater Hope Center, Inc a Florida not for profit corporation
organized exclusively for religious charitable, scientific, literary, and educational purposes
within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, now wishes
to share the use of the Cafeteria with the West Wabasso Progressive Civic Club, Inc. and
the Indian River County Recreation Department.
J. The Indian River County Board of County Commissioners, the Economic
Opportunities Council of Indian River County, Inc., and the West Wabasso Progressive
Civic Club, Inc. all desire to eliminate the confusion engendered by the 1986 License and
the 1986 Lease by creating a landlord/tenant relationship between the Indian River County
Board of County Commissioners and the West Wabasso Progressive Civic Club, Inc. for
the Cafeteria and certain associated land, as more particularly described herein.
K. The Indian River County Board of County Commissioners as landlord and the
Economic Opportunities Council of Indian River County, Inc. as tenant have agreed to
amend the EOC Lease: i) to "drop-out" the Cafetena and certain associated land from the
EOC Lease; and, ii) to delineate clearly the remaining premises leased from the Indian
River County Board of County Commissioners as landlord to the Economic Opportunities
Council of Indian River County, Inc., as tenant under the amended EOC Lease.
L. As of the Effective Date of this Lease and the Effective Date of the amended
EOC Lease, each of the 1986 Lease and the 1986 License will be deemed terminated.
M. The EOC, the West Wabasso Progressive Civic Club, Inc., the Indian River
County Recreation Department, and the Dasie Bridgewater Hope Center, Inc. all would like
to have the West Wabasso Progressive Civic Club, Inc , the Indian River County
Recreation Department, and the Dasie Bridgewater Hope Center, Inc. all share in the use
of the Cafeteria.
N. Landlord desires to allocate the use of the Leased Premises (as such term is
hereinafter defined) among the Indian River County Recreation Department, Civic Club,
and Dasie Hope on the terms and conditions set forth herein and the Indian River County
Recreation Department Civic Club, and Dasie Hope desire to have the cooperative joint
use of the Leased Premises from Landlord on the terms and conditions set forth herein.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and intending to be legally bound, the parties agree as
follows:
1 BACKGROUND RECITALS. The Background Recitals are true and correct and
form a material part of this Lease.
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2 LEASED PROPERTY.
2 1 General. The Landlord hereby leases to Civic Club and Dasie Hope, and
Civic Club and Dasie Hope each hereby lease from Landlord, the real property
located in Indian River County, Florida, as more particularly described on Exhibit "A"
attached hereto and by this reference incorporated herein in its entirety, together
with the Old Douglass School Cafeteria Building, and other improvements,
buildings, and facilities situated thereon (all of the foregoing collectively referenced
as the "Leased Premises"). The parties acknowledge and agree that the building
known as the "Old Douglass School Building" is not a part of the leasehold estate
granted under this Lease.
2.2 Additional Uses and Rights. Landlord hereby grants to Civic Club and
Dasie Hope the following general uses and rights all of which shall be
non-exclusive on the site generally known as the Old Douglass Elementary School
Site: The general use, in common with others, of certain portions of the Old
Douglass Elementary School Site, including all necessary roadways, sidewalks, and
parking facilities connected to the Leased Premises, all as more specifically
depicted on Exhibit "B" attached hereto and by this reference incorporated herein in
its entirety In addition, the parties acknowledge and agree that the right to use the
basketball court, as more specifically depicted on Exhibit "B' , is granted by Landlord
on a cooperative basis to Civic Club, Dasie Hope, the Indian River County
Recreation Department, and the Economic Opportunities Council of Indian River
County Inc.
3. TERM. The initial term of this Lease shall be thirty (30) years commencing
September 23„ 2003 and terminating on September 30, 2033 (' Expiration Date") Each of
Civic Club and Dasie Hope shall have the option to renew this Lease including all terms,
conditions, covenants, warranties and representations herein, for one (1) additional ten
(10) year term; provided, however, that either Civic Club or Dasie Hope, or both, gives
Landlord written notice of such parties' intent to exercise its respective right to renew this
Lease ninety (90) days prior to the Expiration Date; and further provided that the party
requesting the renewal is not in default under any of the terms, conditions, or covenants
u nder this Lease. The parties acknowledge and agree that Civic Club and Dasie Hope
e ach have the independent right to request renewal of this Lease, with or without the
consent or approval of Civic Club or Dasie Hope, as the case may be
4. RENT. The rent for the Leased Premises shall be One Dollar (1.00) per year for
e ach year of the term of this Lease, payable in advance on September 1 of each year of
the term of this Lease Civic Club by each of Civic Club and Dasie Hope.
5. USE OF LEASED PREMISES.
5 1 General During the term of this Lease, Civic Club shall use the Leased
Premises for the public purposes provided by the West Wabasso Progressive Civic
Club, Inc. at the Leased Premises During the term of this Lease, Dasie
Hope/Substance Abuse Council shall use the Leased Premises for the public
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purposes provided by the Dasie Bridgewater Hope Center, Inc. at the Leased
Premises. When used by Civic Club or Dasie Hope, the Leased Premises shall be
open to the public on a nondiscriminatory basis without regard to age, physical
disability, sex, race, religion, color, creed, national origin, or ancestry.
5.2. Shared Use. Civic Club acknowledges and agrees that the Indian River
County Recreation Department and the Dasie Bridgewater Hope Center, Inc. shall
have the right to the use of the Leased Premises on a cooperative basis with Civic
Club. Dasie Hope acknowledges and agrees that the Indian River County
Recreation Department and the West Wabasso Progressive Civic Club, Inc shall
have the right to the use of the Leased Premises on a cooperative basis with Dasie
Hope and the Indian River County Recreation Department Each of Civic Club and
Dasie Hope hereby agree to continue to allow the use of the Leased Premises by
the Indian River County Recreation Department on a cooperative basis with Civic
Club and Dasie Hope.
5.3. Prohibition on Alcoholic Beverages. Civic Club and Dasie Hope each
acknowledge and agree that they are prohibited from selling, having, using, or
providing, or allowing the sale, use, or provision of, any alcoholic beverages of any
nature whatsoever from, in, around, or in connection with the Leased Premises.
6. LEASED PREMISES LEASED "AS IS". Civic Club and Dasie Hope each
acknowledge and agree that the Leased Premises is being leased as is and that
Landlord makes no warranty or guarantee of the condition of the Leased Premises or any
of the improvements thereon Civic Club and Dasie Hope each acknowledge and agree
that they have examined the Leased Premises and have determined that the Leased
Premises are suitable for the respective purposes of Civic Club and Dasie Hope.
7. COMPLIANCE WITH LAWS. Civic Club and Dasie Hope each shall comply
with all of the ordinances, codes, rules, and regulations of the County, and any federal or
state laws, rules, regulations, requirements, orders, or codes that may pertain or apply to
their respective use of the Leased Premises.
8 MAINTENANCE AND REPAIRS Civic Club and Dasie Hope each agree to
make any and all repairs and improvements to the Leased Premises and further agree to
keep the Leased Premises in a safe clean and attractive condition during the term of this
Lease Landlord agrees to mow and maintain the grass and fields. Civic Club and Dasie
Hope each agree to maintain the exterior of the Cafeteria building. Upon the final
expiration or sooner termination of this Lease, Civic Club and Dasie Hope each, as the
case may be, shall surrender the Leased 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.
9. CONSTRUCTION; INSTALLATION AND REMOVAL OF EQUIPMENT AND
FIXTURES.
9.1. Equipment and Fixtures. Civic Club and Dasie Hope each shall have the right
to install on the Leased Premises such equipment, fixtures and other items
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necessary or convenient for its use of the Leased Premises. All equipment and
property purchased by Civic Club or Dasie Hope and placed in, on or about the
Leased Premises, including equipment not affixed to the realty, shall remain the
property of Civic Club or Dasie Hope, respectively Either Civic Club or Dasie Hope
may remove such property on or before the termination of the Lease, provided that
if removal results in damage to any part of the Leased Premises, Civic Club or
Dasie Hope, as the case may be, shall return the Leased Premises to a condition
suitable for the original intended use of that part of the Leased Premises . In
addition, any and all personal property not attached or installed in any building or
structure shall remain the property of Civic Club or Dasie Hope, as the case may
be, and may be removed on or prior to termination of this Lease.
9.2. Construction. All buildings, structures and improvements constructed, erected,
installed, placed upon, or otherwise added to the Leased Premises by Civic Club or
Dasie Hope will immediately become the property of the County upon the issuance
of the Certificate of Occupancy and will remain the property of the County upon
termination of this Lease for any reason. Civic Club and Dasie Hope each
acknowledge and agree that any and all improvements allowed to be constructed
upon the Leased Premises shall be completed at the sole cost and expense of
either Civic Club or Dasie Hope respectively, as the case may be All such
improvements, including drainage and landscaping, shall be of attractive
construction and first-class design and shall comply with any and all applicable
governmental laws regulations, rules, and orders, shall follow standard construction
methods and shall be constructed in accordance with the plans and specifications
approved by the County. Full and complete plans and specifications for all
improvements shall be submitted to and subject to the written approval of the
County prior to the commencement of construction.
10 PUBLIC UTILITIES. Civic Club and Dasie Hope each will pay, within the time
allowed for payment without penalties, all charges for water, electricity, sewerage trash
disposal, and any and all other public or private utilities which may arise from their
respective use of the Leased Premises
11. INDEMNIFICATION. Civic Club shall indemnify, defend and hold harmless the
Landlord, its officials, officers, agents, servants, and employees from and against any and
all claims, liabilities, losses damages costs (including all attorneys' fees, court costs and
all other legal expenses at any and all stages of mediation or litigation including any and all
appeals) or causes of action which may arise, directly or indirectly, from any misconduct
or negligent act or omission of Civic Club, its officers agents, servants, or employees in
the operation of the Leased Premises, or otherwise in connection with this Lease Dasie
Hope shall indemnify, defend and hold harmless the Landlord, its officials, officers, agents,
servants, and employees from and against any and all claims, liabilities, losses damages,
costs (including all attorneys' fees, court costs and all other legal expenses at any and all
stages of mediation or litigation including any and all appeals), or causes of action which
may arise, directly or indirectly, from any misconduct or negligent act or omission of Dasie
Hope, its officers, agents, servants, or employees in the operation of the Leased Premises,
or otherwise in connection with this Lease. The Landlord shall not be liable for any
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damage or injury which may be sustained by any party or persons in, at, on, or about the
Leased Premises.
12. INSURANCE. Civic Club and Dasie Hope each shall carry the following
insurance coverage and each shall furnish the Landlord with a certificate of such coverage:
12 1. Workers' Compensation. Workers Compensation shall be provided for all
employees. Coverage shall be for the statutory limits in compliance with all state
and federal laws. The policy shall include Employer's Liability with a limit of
$100,000 per accident.
12.2 Commercial General Liability. Commercial general liability coverage shall
be per occurrence Combined Single Limit for Bodily Injury and Property Damage
including Premises and Operations. The minimum limit of liability insurance for the
Leased Premises shall be $300,000 00 The policy shall be written by a carrier
licensed to do business in Florida and have a rating of A VII or better per A.M.
Best's Key Rating Guide.
12.3. Special Requirements. Ten days prior to the commencement of operations,
a certificate of insurance shall be provided to the Landlord's 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; and
(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 Landlord's Risk Manager.
12.4. Right of Review. Landlord, by and through its Risk Management
Department, reserves the right periodically to review any and all policies of
insurance and reasonably to adjust the limits of coverage required hereunder, from
time to time throughout the term of this Lease. In such event, Landlord shall
provide each of Civic Club and Dasie Hope with separate written notice of such
adjusted limits and each of Civic Club and Dasie Hope shall comply within thirty (30)
days of receipt thereof. The failure by either Civic Club or Dasie Hope to provide
such additional coverage shall constitute a default by Civic Club or Dasie Hope, as
the case may be, and shall be grounds for automatic termination of this Lease as to
such defaulting party only.
13. RIGHT TO INSPECT. The Landlord may enter and inspect the Leased
Premises at all reasonable hours to ensure the Leased Premises are being properly
maintained and kept in good condition.
14. PROHIBITION ON ASSIGNMENT, SUBLEASE, OR ENCUMBRANCE
Neither Civic Club nor Dasie Hope shall, in any manner, assign, transfer, mortgage,
pledge encumber, or otherwise convey an interest in this Lease, or sublet the Leased
Premises or any part thereof (any one of the foregoing events hereinafter referenced as an
'Assignment"), without the prior written consent of the Landlord which consent may be
granted, conditioned, or withheld at Landlord's sole discretion for any reason. Any such
attempted Assignment without Landlord approval shall be null and void.
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15 ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or
litigation over the terms and conditions of this Lease, each party shall bear its own
attorney's fees, costs and expenses to resolve that dispute.
16 NOTICE. Any notices which are required, or which either party may desire to
serve upon the other parties, 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 the parties at:
West Wabasso Progressive Civic Club, Inc.
P O Box 786
Wabasso, Florida 32970
Dasie Bridgewater Hope Center, Inc.
8465 62nd Ave.
8466 Wabasso FL 32970
Such notices to Landlord shall be addressed as follows:
Board of County Commissioners of Indian River County
Attention: Cliff Crawford, Director, Department of Recreation
1840 25th Street
Vero Beach, Florida 32960
These addresses may be changed by any party by providing written notification to the
other parties.
17. TERMINATION OF 1986 LEASE. From and after the Effective Date of this
Lease, the 1986 Lease shall have no further force and effect.
18. NON-DISCRIMINATION. Civic Club and Dasie Hope, as a part of the
consideration for this Lease, do each hereby respectively covenant and agree that no
person shall be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in the use or operation of the Leased Premises the Douglass
School Cafeteria Building, or any of the programs or opportunities of Civic Club or Dasie
Hope that are conducted in, on or at the Leased Premises, on the basis of age, gender,
disability, race, color, creed, national origin, religion, or ancestry.
19. AUDIT REQUIREMENTS. Dasie Hope acknowledges and agrees that: (i) it is
required to have an audit completed by an independent certified public accountant at the
end of the Dasie Hope's fiscal year; (ii) a copy of such audit must be submitted to the
Indian River County Office of Management and Budget within 120 days after the end of the
it s fiscal year; (iii) if the Budget Office has any questions regarding a part of the financial
statements, audit comments, or notes, a letter requesting clarification may be sent to Dasie
Hope/Substance Abuse Council, and Dasie Hope shall timely respond, or cause a
response to be made; and (iv) if Dasie Hope/Substance Abuse Council receives a
qualified opinion from it's independent auditor, this will be reported to the Indian River
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County Board of County Commissioners and Landlord reserves the right to declare this
Lease to be in default as to Dasie Hope only
20 TERMINATION BY LANDLORD FOR DEFAULT. Landlord shall have the right
to terminate this Lease upon the occurrence of any of the following (each an "Event of
Default"):
1) Loss of non-profit corporate status by either Civic Club or Dasie Hope;
2) Institution of proceedings in bankruptcy, by or against either Civic Club or Dasie
Hope if such proceedings continue for a period of ninety (90) days and are not
dismissed, or any assignment by either Civic Club or Dasie Hope for the benefit of
creditors;
3) Abandonment by either Civic Club or Dasie Hope of the Leased Premises, or
discontinuance of operations by either Civic Club or Dasie Hope at the Leased
Premises for more than ten (10) consecutive days;
4) Default of, non-performance of, or other non-compliance with, any term, covenant or
condition of any nature whatsoever under this Lease to be performed by Civic Club or
Dasie Hope, either individually or jointly provided, however, that a default by one party
shall not be deemed to be a default by the other party ; or
5) Failure to pay when due any rent, or any other expense which could result in a lien
being placed upon the Leased Premises.
20.1 Upon the occurrence of an Event of Default, the Landlord shall send a written
notice to Civic Club and Dasie Hope, as the case may be, in the manner set forth in
this Lease setting forth the Event of Default in specific detail and the date this
Lease shall terminate in the event the defaulting party does not cure the default.
20.2 Within thirty (30) days following receipt of a default notice, the defaulting party
shall have cured the default to the reasonable satisfaction of Landlord.
20 3 In the event the defaulting party fails to cure the Event of Default within thirty
(30) days, this Lease shall be deemed to be terminated with no further action by the
Landlord other than providing final written notice to the defaulting party that the
Event of Default has not been cured and that the Lease is terminated.
21 TERMINATION BY CIVIC CLUB OR DASIE HOPE. Civic Club and Dasie
Hope each shall have the right, upon providing thirty (30) days prior written notice to the
Landlord in the manner set forth in this Lease, to terminate this Lease at any time after the
occurrence of one or more of the following events:
1) Issuance by any court of competent jurisdiction of any injunction substantially
restricting the use of the Leased Premises for the purposes of operating the programs
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of either the West Wabasso Progressive Civic Club, Inc. or the Dasie Bridgewater Hope
Center, Inc , and such injunction remains in force for a period of more than sixty (60)
calendar days, or
2) A breach by the Landlord of any of the terms, covenants or conditions contained in
this Lease to be performed by the Landlord and the failure of the Landlord to remedy
such breach for a period of thirty (30) calendar days after receipt of written notice
thereof.
22. QUIET ENJOYMENT. If and so long as Civic Club and Dasie Hope perform all
of their respective obligations under this Lease, Landlord covenants that Civic Club and
Dasie Hope shall and may quietly hold and enjoy the Leased Premises, subject to any
applicable laws, ordinances and governmental regulations, and to any governmental
actions and to any taking under the power of eminent domain
23. GOVERNING LAW. This Lease shall be governed by the laws of the State of
Florida and any and all legal action instituted because of this Lease shall be instituted in
Indian River County.
24 CUMULATIVE REMEDIES, NON -WAIVER. Each right, power and remedy of the
Landlord, Civic Club, and Dasie Hope provided for in this Lease shall be cumulative and
concurrent and shall be in addition to every other right, power or remedy provided for in this
Lease or now or hereafter existing at law or in equity or by statute or otherwise. The failure
of either party to insist upon compliance by the other party with any obligation, or exercise
any remedy, does not waive the right to so in the event of a continuing or subsequent
delinquency or default. A party's waver of one or more defaults does not constitute a
waver of any other delinquency or default. Landlord s acceptance of rent does not waive
any uncured delinquency or default by either Civic Club or Dasie Hope
25. ENTIRETY OF LEASE. This Lease incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations agreements or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
the subject matter of the Lease that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written
26. SEVERABILITY. If any term, covenant or provision of this Lease, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable for the remainder of this Lease, then the application of such terms or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected, and each and every other term and provision of this
Lease shall be deemed valid and enforceable to the fullest extent permitted by law.
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27. CAPTIONS. Captions in this Lease are included for convenience only and are not
to be considered in any construction or interpretation of this Lease or any of its provisions.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS
OF INDI A 4 RIVER,ICQ,JNTY FLOF3IDA
ATTEST:
c2 Jeffrey K. Barton
iClerk of Court
By:
nneth R. Macht, "Chairman
BCC approval date: 09-23-2003
Approved by:
mes E Cha • - r
County Administrator
Witnessed by
S ignature:
4,(_ 6P
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P rinted name. ISA E.
_etc, LW/ S
Signature:
Printed name:
Witnessed b
Signature:
P rinted name. Geti
Approve
By.
as to form and legal sufficiency:
airs
Marian E Fell
Assistant County Attorney
West Wabass• ' ogr- ive Civi Club, Inc.
By.
ene Douglas, " esident
Dasie,Br'dgewater Hope Center, Inc.
By.
Verna Wright, President
S ignature: _a_
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