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Home My WebLink About2016-200 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK LEASE TERMINATION AGREEMENT THIS LEASE TERMINATION AGREEMENT ("AGREEMENT") is executed on this 6th day of December , 2016, by and between the CITY OF VERO BEACH, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389 ("LANDLORD"), and Indian RiverCounty , a political subdivision of the State of Florida„ whose mailing address is 180127 1h Street„ Vero Beach, Florida 32960-3388 ("TENANT"). WHEREAS, LANDLORD and TENANT, entered into a Lease Agreement, (hereinafter "LEASE"), for property located at the Vero Beach Municipal Airport commonly identified as Parcel 12., ; and WHEREAS, TENANT is in good standing, and not in default, under the terms of the LEASE; and WHEREAS, LANDLORD and TENANT have mutually agreed to terminate the LEASE as of December 6, 2016, 12:00 p.m., in anticipation of the execution of a new Commercial Lease Agreement with HARBOR HANGAR 700, LLC., with a proposed effective date of December 6, 2016, 12:01 p.m. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LANDLORD and TENANT, intending to be legally bound, do hereby mutually agree as follows: 1. The foregoing clauses are hereby adopted by the parties and incorporated herein as part of the basis for this AGREEMENT. Page 1 of 6 NAAdminVLease Management\A 1 Aeronautical\IRC SherifA 201611 10Lease Termination IRC Sheriff A TRUE COPY CERTIFICATION ON LAST PACE J.R. SMITH, CLERK 2. Neither LANDLORD nor TENANT has made any assignments of the LEASE. TENANT is the current owner and holder of the TENANT'S interest under the LEASE. LANDLORD is the current owner and holder of the LANDLORD'S interest under the LEASE. 3. The LEASE and all of its covenants, agreements, duties, obligations and liabilities contained in or arising under the LEASE are hereby terminated and released as of December 6, 2016, 12:00 p.m., except as otherwise provided in this AGREEMENT, or those provision of LEASE and Attachment B to the Lease that expressly survive termination.. 4. TENANT hereby releases and forever discharges the City of Vero Beach, its elected officials, officers, employees, agents, representatives, volunteers, their successors and assigns (hereinafter 'RELEASED PARTIES"), of and from any and all liabilities, claims, demands, damages, actions, costs or expenses of any nature, known or unknown, arising out of i or in any way connected with the LEASE, termination of the leasehold, TENANT's surrender of �1 possession of the Leased Premises, improvements and any other property left on the Leased Premises as of December 6, 2016, 12:00 p.m., including any claims based on the negligence, actions or inaction of any of the RELEASED PARTIES and covers bodily injury, death and property damage or loss. 5. This AGREEMENT shall be binding upon, and shall inure to the benefit of, LANDLORD and TENANT and their respective successors and assigns. 6. From and after December 6, 2016, 12:00 p.m., the LEASE shall cease to be of any further force and effect except as otherwise provided herein. 7. Attached hereto, and incorporated herein as Attachment A, is a copy of the Phase I Environmental Property Assessment, dated November 25, 2016, by Advantage Consulting, LLC. (Phase I Assessment). LANDLORD and TENANT accept this report as an accurate Page 2 of 6 N:Wdmin\Lease ManagemenAA1 Aeronautical\IRC Sherif\20161110 Lease Termination IRC Sheriff A TRUE COPY CERTNFICATION ON LAST PAGE 1j,R. SMITH, CLLRK representation of the environmental condition of the property as of the date of Phase I Assessment. The results of this report shall be compared to the results of the Phase I Environmental Property Assessment conducted prior to TENANT's occupation of the property, to determine whether or not the leased property was contaminated during the term of the Lease Agreement. If a Phase II Environmental Assessment is recommended by the environmental auditor, TENANT shall be responsible for any and all costs associated with the Phase 11 Assessment and environmental remediation pursuant to the terms of Section 15, Environmental Provisions, of Attachment B (Effective: 10/29/96) of this Lease Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 6 N:Wdmin\Lease Management\AI AeronauticalURC Sheriff\20161110 Lease Termination IRC Sheriff A TRUE COPY CERTIFICATION ON LAST PACE J.R. SMITH, CLERK IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT on the date last entered below. ---------------------------------------------------------------- ---------------------------------------------------------------- ASSIGNEE—Indian River County Sheriffs Office, a Florida County Constitutional officer. Attest: Jeffrey R. Smith, CPA, CGFO, CGMA Board of County Commissioners of Indian INDIAN RIVER COUNTY River County CLERK OF THE CIRCUIT COURT AND COMPTROLLER By: sep •�p�1M1Sg �•t oh E. Flesc er, Chairman Deputy Its Date: December 6. 2016 IE*= s �••RNEq COIN�'' Approved as to form and legal sufficiency By: Print: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 6th day of DQr-QTbQr- , 2016, by —Joseph E. Flescher, as Chairman of the Board of County Commissioners of Indian River County. He is personally known to me or produced as identification and did/did not take an oath. NOTARY PUBLIC Sign: k I 1—�P- I / � i e f Print: Misty L. rse1 State of Florida at Large Commission No. FF65490 My Commission Expires: January 11. 2018 Page 4 of 6 NAAdmindxase ManagementtAl Aeronautical\IRC Sherif\20161110 Lease Termination IRC Sheriff A TRUE COPY CERTL=ICATI 4 CN LAST PAGE J.R. SIvI1TH, CLERK LANDLORD—CITY OF VERO BEACH (This section to be completed by Landlord only) ATTEST: LANDLORD: Sign: Sign: Tammy K. Bursick Laura Moss City Clerk Mayor STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2016, by Laura Moss, as Mayor, and attested by Tammy K. Bursick, as City Clerk of the City of Vero Beach, Florida. They are both known to me and did not take an oath. NOTARY PUBLIC Sign: Print: State of Florida at Large Commission No. My Commission Expires: Page 5 of 6 N:Wdmin\Lease ManagemenAA1 Aeronautical\IRC Sheriff\20161110 Lease Termination IRC Sheriff N CITY MANAGEMENT (This section to be completed by City Management Staff only) Approved as to form and legal sufficiency: Approved as conforming to municipal policy: Wayne R. Coment James R. O'Connor City Attorney City Manager Approved as to technical requirements: Ericson. W. Menger Airport Director STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. JTFj„C�.ERK BY t V D.0 DATE 2 Page 6 of 6 N:Wdmin\Lease Management\AI Aeronautical\IRC Sheriff\20161110 Lease Termination IRC Sheriff