HomeMy WebLinkAbout2011-042ALEASE AGREEMENT
This lease entered into on this 25th day of July , 2011
by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero
Beach, Florida 32960, hereinafter called the "Landlord", and FREDERICK W. VAN
ANTWERP and FLORENCE E. VAN ANTWERP, 6285 81St Street, Vero Beach,
Florida 32967, 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
single family residence and facilities situated thereon, located at 6285 81St Street,
Vero Beach, Florida 32967, in the County of Indian River, Florida, more particularly
described as follows:
The East 112.00 feet of the South 1 acre of the North 5 acres of
the East 10 acres, and the South 55 feet of the North 4 acres of the
East 10 acres of Tract 9, Section 19, Township 32 South, Range
39 East, according to the last general Plat of lands of the INDIAN
RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat
Book 2, at Page(s) 25, of the Public Records of St. Lucie County,
Florida; said lands now lying and being in Indian River County,
Florida.
The term of the lease shall begin the day of the Closing and end thirty (30) days prior
to construction of 66th Avenue. The County's right of entry onto the remainder of the
property, for the purpose of and the right to demolish the house during the
construction of 66th Avenue shall begin upon termination of this lease. The lease
payment shall be one ($1.00) per year.
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.
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. This
lease shall terminate if the Tenant no longer resides in the leased premises.
2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the
leased premises for a private, single family residence, 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
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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 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, all 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 times
during the lease term, at Tenant's expense, a renter's insurance policy protecting
Landlord against any internal damage to the house, 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 for
individual injuries and $200,000 per occurrence. The policy shall be written by a
carrier licensed to do business in Florida
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9.2. Special Requirements. 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.
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 withhelsi for any reason. This lease is entered into with the knowledge that
adult and
WO hildren shall reside in the house. No additional residents, whether
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Opermanent or temporary shall be permitted to move into the house during the term of
the lease without Landlord's written consent. 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 attorneys' 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:
Frederick and Florence Van Antwerp
6285 81 st Street
Vero Beach, FL 32967
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Such notices to Landlord shall be addressed as follows:
Board of County Commissioners of Indian River County
Attention: James Davis, Public Works Director
1801 27th Street
Vero Beach, Florida 32960
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 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.
VV•COM�i�'gOARD OF COUNTY COMMISSIONERS
••'•.� F INDIAN RIVER COUNTY, FLORIDA
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ATTEST:
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••� y: .�
Jeffrey K. Barton `•�,•A'••••••w•••.. Bob Solari, Chairman
' Clerk of Court ~`��V•:��'�''+
Approved: February 5, hOO8
Witnessed by: By: 10, zxj Ca,
Frederick W. Van Antwerp
signature: APPROVED AS TO FORM
printed na e: +lne5 AND L L SUF IC N
signatur BY
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e: �/"' / �� B WILLIAM K. DEBRAAL
DEPUTY COUNTY ATTORNEY
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Witnessed y.
signature:
printed name:��J-:T�e5
signat
printed*e: 7,
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
By:
lorence E. Van Antwerp
The foregoing Lease was acknowledged before me this day of
!-� , 2011, by Fre erick W. Van Antwerp. He is personally known
to me or produced as identification.
STAMP (name, Commission #
and expiration date)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The, foregoing Lease was acknowledged before
5o , 2011, by Florence E. Van Antwerp.
to me o produced Kj/A
STAMP (name, Commission #
and expiration date)
sign:
BRYAN CHU LLO
MY C0M MIBSI *ffnW
DO M: MAR 13, 2015
Bonded mmugih let Sate InNufoo"
5
me this 11� ' ' day of
She is personally -known
as identificat of n.
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