HomeMy WebLinkAbout2025-209AGREEMENT TO TERMINATE LEASE AGREEMENT
THIS AGREEMENT TO TERMINATE LEASE AGREEMENT ("Agreement") is made and
entered into as of the 29th day of Septe4�er , 2025, by and between Indian River County, a
political subdivision of the State of Florida ("Landlord"), and Gina Hower, ("Tenant"), who agree
as follows:
Whereas the Landlord purchased property located at 8865 91 st Avenue, Vero Beach, 32967
("Premises") pursuant to Eminent Domain and leased back the Premises to the former owner
(Tenant); and
Whereas the Landlord and Tenant now wish to come to an amicable agreement for the end
of the leaseback agreement.
Now therefore,
1. Termination Date: The lease back agreement and extension shall terminate on June 1,
2026.
2. Turnover of Premises to County: The Tenant shall vacate and turn over the Premises to
the Landlord in broom clean condition before June 1, 2026.
3. Remedies: Should the Tenant fail to turnover the Premises before the Termination Date
noted above the Landlord shall be entitled to file an action in court for possession of
the Premises and shall be entitled to recoup all court costs and attorney's fees for said
action and appeal if any against the Tenant.
4. Damages to Premises: Should the Tenant turnover the Premises in a damaged condition
and not in a broom clean condition Landlord shall be entitled to seek compensation for
damages to the Premises.
5. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to this transaction and supersedes all prior agreements, written or oral,
between the Tenant and the Landlord relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
6. Assignment and Binding Effect. Neither Landlord nor Tenant may assign its rights and
obligations under this Agreement without the prior written consent of the other party,
and attempted assignment shall be null and void. The terms hereof shall be binding
upon and shall inure to the benefit of the parties hereto and their successors and
assigns.
7. Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or
facsimile transmission, as follows:
If to Tenant: Gina Hower
8865 91St Avenue
Vero Beach, FL 32967
With a copy to: J. Garry Rooney
Rooney & Rooney, P.A.
1517 20th Street
Vero Beach, Florida 32960
If to Landlord: Indian River County
Attn: Building and Facilities Manager
180127 1h Street
Vero Beach, FL 32960
With a copy to: Indian River County Attomey's Office
Attn: County Attorney
1801 2711, Street
Vero Beach, FL 32960
Either party may change the information above by giving written notice of such changes as
provided in this paragraph.
8. Survival and Benefit. Except as otherwise expressly provided herein, each agreement,
representation or warranty made in this Agreement by or on behalf of either party, or in
any instruments delivered pursuant hereto or in connection herewith, shall survive the
termination of this Agreement and the consummation of the transaction provided for
herein. The covenants, agreements and undertakings of each of the parties hereto
are made solely for the benefit of and may be relied on only by the other party hereto,
its successors and assigns, and are not made for the benefit of, nor may they be relied
upon, by any other person whatsoever.
9. County Approval Required: This Agreement is subject to approval by the Indian River
County Board of County Commissioners at a Commission meeting.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
Tenant:
Gina Hower
By JJL,11'�
Date Signed:
Witness. /
Approved a to Le orm d Sufficiency:
By:
Susan J. Prado, Deputy County Attorney
Landlord:
INDIAN RIVER COUNTY, FLORIp�?�'jY cohiy;�s"
�js�oA, w
By: rnGL/
p Flescher, Chairmad *�
D t Signed: September 5 _
COUNT`(, ���'••
Date Approved by BOCC: September"23,2025
Attest: Ryan L. Butler, Clerk and
Comptr ler
By — k1QV,4
Dep y Clerk
4L ,