HomeMy WebLinkAbout2016-208A LEASE AGREEMENT
This lease entered into on this 20th day of December , 2016
by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, hereinafter called the
"Landlord", and Kevin Harwood, 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 5220 85th Street
Vero Beach, FL 32967 in the County of Indian River, Florida, more particularly
described as follows:
See Exhibit "A" attached hereto.
For a term of 12 months, commencing January 1, 2017 and terminating on
December 31, 2017 for a total rental of Seven Thousand Eight Hundred Dollars
($7,800.00) payable at the rate of $650.00 per month payable in advance. Rent is
due on the 1St of each month and shall be considered late and subject to a $25.00
late fee if not paid by the 5th of the month. Failure to pay rent when due shall be
considered a breach of this lease.
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.
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
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
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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 non-ad valorem tax, 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 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 $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.
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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
3 adults 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 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:
If to Tenant: Kevin Harwood
522085 th Street
Vero Beach, FL 32967
Such notices to Landlord shall be addressed as follows:
Board of County Commissioners of Indian River County
1801 27th Street
Vero Beach, Florida 32960
Attention- Land Acquisition/Monique Filipiak, Public Works
These addresses may be changed by either party by providing written notification to
the other.
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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.
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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 Kevin Harwood
OF INDIAN RIVER COUNTY, FLORIDA
w
�Xseph'E Flescher, Chairman (Signature) (Date)/
Approved by BCC December 20, 2016
ATTEST: Witnessed by
Jeffrey R. Smith, Clerk of Court and Comptroller N� '
C7V-4-.a-- (/ -C�-� (Printed nam�� (Date)
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Deputy Clerk
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Apn��
Jason . Bro n, County Administrator •���. r =
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••`LFR COUNT;E%••
Approved as to ForraeLeufficiency:
County Attorney
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EXHIBIT "A"
COM AT SW COR OF SE1/4 OF SWI/4; RUN E O
N SEC LINE 715 FT;N 25 FT TO N R/W OF WABASSO RD FOR POB;
TH N 150 FT, TH E 170
FT;TH S 150 FT;TH W 170 FT TO POB LES
S RD R/W(OR BK 650 PP 2038)
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