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This document was prepared by
and should be returned to \,�p�0 �aeaaas
THIS DOCUMENT HAS BEEN RECORDED
the County Attorney's Office j ,��1 IN THE PUBLIC RECORDS OF
180127th Street �C' INDIAN RIVER COUNTY FL
Vero Beach, Florida 32960 LEASE AGREEMENew ��R `' Bizs/2 ;t08:27AMg' Paget of 7
JEFFREY K BARTON,CLERK OF
This lease entered into on this J% day of J A10ARey couaT 2008
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 TAMMY VOGEL, a
single adult, 7375 85th 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 7375 85th Street,
Vero Beach, Florida in the County of Indian River, Florida, more particularly
described as follows:
See Exhibit "A" attached hereto.
The term of the lease shall begin the day of the Closing and end sixty (60) days after
the CR 510 project is advertised for public bids, but shall not end sooner than one (1)
year after the day of closing. 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 CR 510 shall begin upon termination of this lease. The lease
payment shall be one dollar per year 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.
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
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
1
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
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.
2
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 withheld for any reason. This lease is entered into with the knowledge that
one adult and no children shall reside in the house. No additional residents, whether
permanent 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
prem ises.
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:
Tammy Vogel
737585 1h Street
Vero Beach, Florida 32967
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
3
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.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER CO ,NTY, FLORIDA
x
andra L. Bowden, Chairman
ATTEST i
Jeffrey Bartpri
Clerk of dt
, � By:
Witnessed Ta&ny4
I
signatur,
printed name:
signature,
printed name:
APPROVED AS TO FORM
AN L S Ft
BY
1AALLUIM C DEBRAAL
DEPUTY COUNTY ATTORNEY
4
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
T e foregoing Lease was acknowledged before me this 7' day of
, 200 by TAM�VIY VOGEL. She is personally known to me or
r ducedo �a ,�cen-� as identification.
sign:
Notary Public
STAMP (name,Commission#
and expiration date) Sandra L WrjqM
,6 MY Commission DD325619
OP r` Expires June Oa,2006
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PARCEL 208
PIRCEL 206
31393100000300000001.0
BEING. THE SOUTH 30.00, FEET OF THE NORTH 70.00 FEET OF THE
NORTH 290 FEET-OF THE EAST 300 FEET 'OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST OUARTER OF SECTION 31.
TOWNSHIP 31 SOUTH* RANGE 39 EAST AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 31, TOWNSHIP
31 SOUTH, RANGE 39 EAST; THENCE RUNNING ALONG-THE NORTH LINE =y"
OF THE NORTHWEST QUARTER OF SAID.SECTION• 3.1 NORTH. 89'42'O2"
WEST, (BEARINGS ARE BASED ON SAID NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 31 AND ALL OTHER BEARINGS SHOWN HEREON: ARE
RELATIVE THERETO), A DISTANCE - OF 668.49 'FEET TO. A ' POINT:
THENCE SOUTH OO'24'0T- WEST•, A DISTANCE OF 40.00 FEET 70 A
POINT ON THE SOUTH RIGHT OF WAY L1'NE OF C.R. 510 (WABASSO
ROAD) AND THE POINT OF BEGINNING:
THENCE CONTINUING SOUTH 00.24'01" WEST. WITH THE EAST LINE OF
THE NORTH 290 FEET OF THE EAST 300 FEET•OF THE WEST HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
31, A DISTANCE OF 30.00 . FEET TO A POINT: THENCE NORTH
89242'02" WEST, A DISTANCE' OF 300.00 FEET.T`O A POIliT., THENCE
NORTH 00'24'0.1" EAST. WITH THE WEST LINE OF THE NORTH 290 FEET
OF THE EAST 300, FEET OF THE WEST HALF OF THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER -OF SAID SECTION 31, A DISTANCE OF
30-OD FEET TO A PGINT; THENCE SOUTH 89'42'02" EAST. WITH SAID
SOUTH RIGHT OF WAY LINE OF G.R. 510. A DISTANCE OF 300.00
FEET TO THE POINT OF BEGINNING
NOTE:
CONTAINING 90008�OUARE -FEET OR 0.2.07 ACRES:' MORE•OOR LESS.
THIS DESCRIPTION Ai1D".S!(ETCIi WNOT VALID UNL€SS ALL SHEETS ARE INCLUDED.
A88RE�1}`Ai IONS
d LEGEN ;
x µ OTR QUARTER
P.0.8. RQINT, Of BEGtMINGTWNSHP TOWNSHIP
P.0.0 ' Pf INT OF ,COi�I(ENCEh1E , T}IF TRUSTEES OF THE
0.R B AF I C}/1L RECORD B ( '.`
INTERNAL IMPROVEMENT FUND
E X I .Ef,IST'1i PG PAGE
SEC.,. ECEl
TI LT. LEFT
FD "' F -SO.FT. SQUARE FEET
PI RIkT OF INT�E T ON R/W . RIGHT OF WAY
ST NR � ACS. ACRES
C.R.. .C �iT ROAD . 0 DELTA
COR.. COO
E PROPERTY tI'NE NOT •A SURVEY
INDIAN RIVER CMINTY
RlOri Or my tltwiuo
RIGHT OF WAY PARCEL SKETCH
PARCEL 3w COUNTY am-'bio
G. MAN DURDETTE. P.S.Y. +13. • DATE: � ..R
NOT VALID WITHOUT THE SIGNAIME.AND wailr, •omt ,
RAISED SEAL OF A FLDRIDA'LICENSED r .
SURVEYOR A MWE9 ? ....�.._.......��.�...
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• EXHIBIT A.
• C.R. S10
PARCEL 208
WEST LINE OF THE NORTH 290' c s
OF THE EAST 300' OF THE iii rrn
WEST 1 /2' OF THE 'HE 'OTR OF THE P —
NW OTR OF SE cn
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rn
EAST L NE1�THE 0RT1. 5.0 , � ;a' -a
Of THEW ST .BOjI HE y" C. ;
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NW OT a s CTI ' " ,j+ '<<
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f r A NO C.
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NOT A SURVEY 40.00tRT.1............ ....SEM 31- (-
BEARINGS SHOWN HEREON AIiE BASED INDIAN RIVER •CQMTY
RIOIIIF o-my IMPP1116
ON THE FLORIDA STATE PLANE COORDINATE
SYSTEM EAST ZONE NORTH AMERICAN RIGHT OF WAY PARCEL SKETCH
DATiK OF }983/1999 READIUSTIENT. THE COI9I.TY ROAD 510
NORTH LINE OF THE XV OTR PARCEL 208
SECTION 31s TOMMIP 3T•, SOUTH, RANGE
39 EAST•. BEARS N89142'02•Y r •K• a• ' 1D n enc
AM ALL BEARINGS SHOWN HEREON ARE tiMr re a'sm
RELATIVE THERETO osq�s, µ!'=°°t ,—.....
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ortuc c■ea:r■.•c
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