HomeMy WebLinkAbout2003-311 FROG LEG FESTIVAL CONTRACT
This contract is made on this 18th day of November , 2003, between the
Fellsmere Frog Leg Festival, Inc . ( hereinafter referred to as " FFLF, Inc . " ) , the City
of Fellsmere, Florida ( hereinafter referred to as " City" ) and Indian River County,
Florida, ( hereinafter referred to as " County" ) .
In consideration of the mutual covenants and promises of the above referenced
parties, FFLF, Inc . , the City and the County, hereby promise, covenant and agree
to be bound by the following terms :
1 . PURPOSE AND FESTIVAL DATE: The purpose of this Contract is for FFLF,
Inc . to arrange, promote and manage the Fellsmere Frog Leg Festival
( hereinafter referred to as "the Festival " ) . The City and the County will
provide the site for the Festival, in accordance with the Lease Agreement
covering the site attached hereto as Exhibit "A" hereby made a part of this
Contract. The dates and hours that the Festival will be open shall be
established by FFLF, Inc . , subject to prior written approval by the City.
See Attachment 1 for a description of
the site where the Festival will be held .
2 . ENGAGEMENT AND TERM : The City and County shall permit FFLF, Inc . to
stage the Festival in accordance with the terms and conditions of this Contract.
The term of this Contract shall be from November 10, 2003 to March 31 ,
2004 . FFLF, Inc . shall have the right to terminate this agreement at any time
prior to December 1 , 2003, upon five ( 5 ) days written notice to the City.
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3 . DISTRIBUTION OF FESTIVAL PROCEEDS :
A . FFLF, Inc . shall pay to the City at the close of the Festival but in no
event later than March 31 , 2004 .
( a ) An amount not to exceed Five Thousand ( $ 5 , 000 ) Dollars. The
actual amount will be based on actual hours, for the City
furnishing Police Officers for security during the Festival .
( b ) An amount not to exceed Six Thousand ( $ 6, 000 ) Dollars . The
actual amount will be based on hours, for the City to provide
Public Works personnel, one week prior to and one day after the
Festival, plus the four days of the Festival, for general site
preparation and clean up . This service is optional . FFLF, Inc .
shall determine the level of service needed .
B . The net festival revenue remaining after all legitimate expenses are paid,
including festival disbursements to volunteers and reserve for funding
future Festivals shall be used for recreational projects, facilities or
activities within the City limits of Fellsmere, as determined by the FFLF,
Inc .
C . It is understood and agreed that no services, payments or personnel
will be furnished by either party, except as provided for in this Contract.
4 . UTILITY SERVICE :
A . ELECTRICITY. FFLF, Inc . will provide their own generator for electric
power for the entire Festival period . Any consumption ( FPL charge for)
of electric energy in the kitchen area of the Fellsmere School will be paid
for by FFLF, Inc . , if the County has electric service to the Fellsmere
School . If FFLF, Inc . uses electric energy from any source billed to the
City or County, such electric energy charge shall be paid for by FFLF, Inc .
B . WATER. The water at the Fellsmere School is in the name of the County.
The City/County will provide FFLF, Inc . with City water. FFLF, Inc . shall
pay the charge to provide such service . The actual cost incurred by the
City/County to provide water service, shall include the consumption of
water by FFLF, Inc . , the cost to provide such service, the repair of any
damage to the City's water meter or the replacement of the meter if it
should be removed without authorization .
5 . MISCELLANEOUS : FFLF, Inc . shall provide the following:
A . Waste containers and dumpsters .
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B . Personnel and volunteers .
C . Regular maintenance of the site and surrounding areas to ensure a clean
and safe environment during the Festival .
6 . INSURANCE:
A . FFLF , Inc . shall name the City and the County as an additional insured on
its general liability insurance policy, which policy shall be in an amount of
not less than One Million Dollars ( $ 1 , 000,000 ) per occurrence . This
general liability insurance policy shall be an " occurrence " policy and not
a " claims made " policy. FFLF, Inc . shall also provide Workers'
Compensation with statutory limits for all of its paid employees,
Accident, Medical and Disability Insurance and Employer's Liability
Insurance with limits of coverage, acceptable to the City and the County,
for all of its personnel and volunteers and those who perform any work at
the Festival . The deductible for all policies under this paragraph shall not
exceed One Thousand dollars ( $ 1,000 ) . The public general liability
insurance and Workers' Compensation coverage policy shall be effective
December 1 , 2003 , and run through January 31 , 2004 . Said public
general liability insurance policy, accident, medical and disability and
Worker's Compensation policy shall be with a company and in a form
acceptable to the City and the County . By January 2, 2004 provide
Accident, Medical and Disability and by December 1 , 2003 , an
Endorsement to the general liability insurance policy and a Certificate of
Insurance naming the City and County as an additional Insured and
showing an occurrence policy" shall be delivered to the City and the
County together with proof of payment of premium, along with a letter
from the insurance agent issuing the policies, addressed to the City and
the County, stating that ( 1 ) the general liability insurance policy is an
" Occurrence Policy" ( 2 ) all insurance coverage 's required in the
paragraph are included in the insurance policies issued to FFLF, Inc . and
( 3 ) that there are no claims pending against FFLF, Inc . that would reduce
the amount of the insurance coverage being provided to the City and the
County.
B . FLF, Inc . 's subcontractor for the amusement rides and concession portion
of the festival shall name the City and the County as an additional insured
on its general liability insurance policy, which policy shall be in an
amount of not less than Two Million Dollars ( $ 2 , 000, 000 ) annual
aggregate for injuries to any one or more persons and not less than One
Million Dollars ( $ 1 , 000, 000 ) per occurrence . This general liability
insurance policy shall be an " occurrence " policy and not a " claim made "
policy. This subcontractor shall also provide Workers' Compensation and
Employer's Liability insurance with statutory limits of coverage for all of
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its employees who perform any work at the festival . The deductible for
all polices under this paragraph shall not exceed One Thousand Dollars
( $ 1 , 000 ) . The general liability insurance and workers' compensation
coverage policy shall be effective as of January 1 , 2004 and run through
January 31 , 2004 . Said general liability and workers' compensation
policy shall be with a company and in a form acceptable to the City and
the County. By December 1 , 2003 , an endorsement to the general
liability insurance policy shall be delivered to the City and the County
and by January 14, 2004 a Certificate of Insurance naming the City and
the County as an additional insured and showing an " occurrence policy"
shall be delivered to the City and the County together with proof of
payment of premium , along with a letter from the insurance agent issuing
the policies, addressed to the City and the County, stating that ( 1 ) the
general liability insurance policy is an "occurrence policy" ( 2 ) all
insurance coverage 's required in this paragraph are included in the
insurance policies issued and ( 3 ) that there are no claims pending that
would reduce the amount of the insurance coverage being provided to
the City and the County.
7 . INDEMNIFICATION : Except where a claim arises from the acts or omissions of
the City or its employees, FFLF, Inc . shall indemnify, defend, and hold harmless
the City and the County from and against any and all claims, demands, losses,
liabilities, judgements and expenses of any nature whatsoever, including
reasonable attorneys' fees both at trial and appellate level and all costs of
litigation, which may be asserted against or imposed upon the City or the
County or the City's title to or Interest in its property which may arise out of or
be attributable to, directly or indirectly; ( a ) any act, whether negligent or
willfull or omission by FFLF, Inc . or any of its agents, personnel or vendors ( b )
injury or death of any person, including without limitation, the general public,
or loss or damage to any property including property of the general public, ( c )
any failure by FFLF, Inc . to perform or comply with any of the covenants,
agreements, terms, or conditions to be performed or complied with under this
Contract or ( d ) claims made by the personnel of FFLF, Inc . or any of its
contractors, vendors, etc against the City or the County. FFLF, Inc . waives its
entitlement, if any, to immunity under Section 440 . 11 , Florida Statutes .
Nothing contained herein shall be construed as a waiver of any immunity from,
or limitation of, liability the City and the County may have under the Doctrine
of Sovereign Immunity of Section 768 . 28 Florida Statutes .
8 . RESTORATION OF SITE: FFLF, Inc . covenants that all City and County
property and facilities used in connection with the Festival will be reasonably
protected against damage and that following the Festival, FFLF, Inc . shall
provide for all necessary clean-up, repair and restoration of such property to its
condition prior to the event, so that such public property is in the same
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condition it was before the Festival . A joint inspection will be performed
before and after the Festival to determine compliance with this Article .
9 . WAIVER: The failure of the City or the County to take action with respect to
any breach of any term, convenant or condition contained herein, or any
instance of default hereunder by FFLF, Inc . , shall not be deemed to be a waiver
by the City or the County of any other default or breach .
10 . LEGAL FEES AND COSTS : The party who prevails in any claim or action
brought under this Contract shall be entitled to costs and expenses of such suit
including reasonable attorneys' fees, from the non-prevailing party.
11 . DEFAULT AND LIQUIDATED DAMAGES . The failure of any party to
comply with the terms and conditions of this Contract applicable to such party,
after receipt of an oral request to correct the default, shall constitute a default
of this Contract. If any default is not corrected in accordance with the
provisions hereof, the non - defaulting party shall have the right to sue for all
damages sustained as a result of the default in additional to any other remedies
provided herein .
12 . TERMINATION OF CONTRACT: This Contract shall terminate and be of no
further force or effect with no party having any liability to the other parties in
the event of fire, flood , tornado, windstorm or other acts of God, beyond the
control of any party, that result in any party being unable to fulfill its
obligations under this Contract.
13 . PUBLIC ACCESS TO RECORDS : All documents, papers, letters, or other
materials relating to this Contract that are made or received by FFLF, Inc . in
conjunction with this Contract, and which are required by law to be
maintained, must be available for public access and for audit purposes for a
period of three ( 3 ) years after the expiration of this Contract. Said records
shall also be maintained per Chapter 119 and other applicable Florida Statutes .
14 . TERMINATION : The City or the County may cancel this Contract for refusal
by FFLF, Inc . to honor requests for public access to all documents, papers,
letters, or other materials subject to the provisions of Chapter 119, Florida
Statutes, and made or received by FFLF, Inc . in conjunction with this
Contract.
15 . WARRANTIES : FFLF, Inc . covenants and warrants as follows :
( a ) It is lawfully organized and constituted under all federal, state and local
laws, ordinances and other authorities of its domicile and is otherwise in
full compliance with all legal requirements of its domicile .
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( b ) It is possessed of the legal authority and capacity to enter into and
perform this Contract.
( c ) It has been duly authorized to operate and do business in the State of
Florida and the City, that it has obtained or will obtain all necessary
licenses and permits required in connection with this Contract and that it
will fully comply with all laws, decrees, labor standards and regulations
of its domicile, the State of Florida and the City during the performance
of this Contract.
16 . PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287 . 017 Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
17 . OCCUPATIONAL LICENSES : FFLF, Inc . will furnish the City copies of all
licenses required under local or state laws and regulations covering itself,
agents, vendors and concessionaires, prior to the opening of the Festival .
18 . SITE: THE City and County hereby grants to FFLF, Inc . the use of the site
described in and under the terms and conditions as set forth in Exhibit "A"
attached hereto .
19 . NOTICE TO FFLF, INC . . The City and County shall consider the
employment by FFLF, Inc . of unauthorized aliens, a violation of Section
274A ( e ) of the Immigration and Naturalization Act . Such violation shall be
cause for immediate unilateral cancellation of this Contract by the City and/or
County.
20 . GOVERNING LAW AND VENUE : This Contract shall be construed in
accordance with the laws of the State of Florida . The venue for any litigation
arising out of this Contract shall be in Indian River County, Florida .
21 . NOTICES : Any notices, which any party may or is required to give, may be
given orally, hand delivered or mailed by certified mail, return receipt
requested, postage prepaid, to the City, the County or to FFLF, Inc . at the
address shown below or at such other places as may be designated by the
parties from time to time .
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CITY : Larry Napier, C . G . F . O .
Director of Finance 8T Accounting
City of Fellsmere
21 S . Cypress Street
Fellsmere, FL 3298 -6714
with a copy to the City's Attorney :
Warren W . Dill, Esq .
Dill & Evans, P . L .
1565 U . S . Highway 1
Sebastian, FL 32958
COUNTY : Indian River County
James Chandler, Administrator
1840 — 25th Street
Vero Beach, FL 32960
with a copy to the County Attorney:
William G . Collins, II , Esq .
Indian River County
1840 — 25th Street
Vero Beach, FL 32960
FFLF, INC . .
Fellsmere Frog Leg Festival, Inc .
Post Office Box 67
Fellsmere, Florida 32948 -0067
22 . ENTIRE CONTRACT: This Contract embodies the whole agreement of the
parties and there are no provisions, terms, conditions, or obligations other
than those contained herein . This Contract shall supersede all previous
communications, representations, or oral agreements between the parties and
no amendment hereto shall be effective unless reduced to writing and signed
by the parties hereto .
23 . COUNTERPARTS AND FACSIMILES : This Contract may be executed in
multiple counterparts, each of which shall constitute an original . A facsimile
copy of this Contract and any signature thereon shall be considered for all
purposes as an original .
24 . HEADINGS : The headings used in this Contract are for convenience only and
are not to be used in its construction .
25 . ASSIGNABILITY : This Contract may not be assigned by FFLF, Inc . without
the express written consent of the City and the County. Any assignments of
FFLF, Inc . even if approved by the City and the County shall not relieve FFLF,
Inc . of its responsibilities and obligations resulting from this Contract.
26 . SURVIVAL : The terms and conditions of this Contract shall survive and be in
full force and effect after the conclusion of the Festival .
27 . SEVERABILITY : If any particular term , covenant or provision of this Contract
shall be determined to be invalid or unenforceable, such action shall not affect
the remaining terms, covenants and provisions of this Contract, which shall
remain in full force and effect.
28 . AUTHORIZATION : The undersigned certify that they are authorized to
execute this Contract and that they are duly authorized to perform the services
agreed to above .
29 . TIME OF ESSENCE : Time is of the essence with respect to the performance
of every provision of this Contract, in which time of performance is a factor.
CITY OF FELLSMERE, FLORIDA
BY : Z50;101 -'Okl
ert C . cer, Ma or -
EST
( S EAL )
Deborah C . Krages, ifty Clerk
INDIAN ER COU FLORIDA
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Z BY :
U.® w o T : nnet cht, Chairman
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In" U.
Z ^ � . C ( SEAL )
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z0 Clerk of the Circuit Court
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0 M ;� FELLSMERE FROQ LEG FESTIVAL, INC .
a a Q BY:
Frank Ruege, resident
A EST :
( SEALI
Secretary
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A. Lots 1 through 11 , Block 96 - Parking or set up of rides is prohibited on the Basketball
Courts .
B . Lots 14 through 24 , Block 96 - Parking or set up of equipment is prohibited around pavilions
and Tot-Lot playground equipment. Tot-Lot area is the North 1 /2 of Lot 18 through the
South 1 /2 of Lot 21 , Block 96 .
C . Vehicular access to Block 96 is prohibited except for designated driveway access over the
sidewalk on the North 1 /2 of Lot 14 and South 1 /2 of Lot 15 , Block 96 .
D . Lots 34 through 37 , Block 97 , and the NW 1 /2 of Lots 38 and 39 , Block 97 - Municipal
parking lot, excluding the NE 1 /2 of Lots 38 and 39 , Block 97 , which is where the lift station
is located.
E . Lots 1 through 13 , Block 103 , leased to Indian River County, excluding the old school
building, except the northern part of the basement of the old school building known as the
"Frog Leg Kitchen . " The FFLE, Inc . shall have the exclusive use of the Frog Leg Kitchen
during the term of the Lease .
F . The North 1 /2 of Lot 22 , Lots 23 and 24 and the South 1 /2 of Lot 25 , Block 103 - City
Council Chambers .
The following restrictions shall apply to the use of the paved parking
lot areas adjacent to the City Council Chambers and employee and
citizen parking lot . These parking areas will only be available for
Festival use on Thursday, January 15 , 2004, between the hours of
5 : 00 p .m . and 7 : 00 a. m. on Friday, January 16 , 2004 and from 5 : 00
p . m. on Friday, January 16 , 2004 to 7 : 00 a. m. on Monday, January
19, 2004 ,
FFLE, Inc . shall have the exclusive use of the above described land for two weeks, which will
be the week before the Festival and the following week, during which the Festival will be held.
ATTACHMENT 1
REAL PROPERTY LEASE AGREEMENT
This Lease made this 18th day of November , 2003 , between the City of Fellsmere,
Florida, 21 South Cypress Street, Fellsmere, Florida 32948 , Indian River County, Florida, 1840
25 " Street, Vero Beach, Florida 32960, hereinafter collectively referred to as "Lessor", and
Fellsmere Frog Leg Festival, Inc . , Post Office Box 67 , Fellsmere, Florida 32948 , hereinafter
referred to as "Lessee" and when the context so requires the City of Fellsmere will be referred to
as the "City" and Indian River County, Florida, hereinafter referred to as the "County" .
For considerations set forth herein, Lessor hereby leases to Lessee and Lessee acquires from
Lessor the use of the following described site :
See Attachment 1 for a description of
the site where the Festival will be held
1 . TERM
The term of this Lease shall commence on November 10 , 2003 and end on January 31 ,
2004 ,
2 . RENTAL
The Lessee shall pay to the Lessor for the term of this Lease : The annual sum of ONE
DOLLAR ($ 1 . 00) , on or before November 10, 2003 . The rent shall be payable to the
Lessor at such other place as the Lessor may designate .
3 . CARE OF PROPERTY
Lessee shall use the Property in a careful and proper manner and shall comply with all
laws, ordinances and regulations relating to the operation, possession, use or maintenance
of the property .
4 . ALTERATIONS
Lessee agrees that it will make no alterations of the Property without obtaining prior
written permission from the Lessor.
5 . RIGHT OF INSPECTION
Lessor shall have the right, at any time , to enter the premises and shall be given free
access thereto and afforded necessary facilities for the purpose of inspection.
6 . RETURN OF PREMISES
On expiration of the rental terms specified herein, Lessee agrees to return the premises in
the same condition they were when this Lease was entered into .
7. RISK OF LOSS OR DAMAGE
Lessee hereby assumes all risks of loss of and damage to the Premises from any cause,
and agrees to return it to the Lessor in as good condition as when received . No loss of or
damage to the Premises shall impair any obligation of Lessee under this Lease, and all
such obligations shall continue in full force and effect until otherwise discharged .
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8. INDEMNITY OF LESSOR FOR LOSS OR DAMAGE
In event of loss of or damage to the Premises, Lessee at the option of Lessor shall pay
Lessor therefore in cash, the cost of such of loss or damage, including all costs necessary
to place the public property in the same condition as it was before the Festival .
9 , INDEMNIFICATION AND INSURANCE
It is recognized that the Lessor will have very limited control over the Premises during the
term of this Lease, accordingly, the Lessee agrees to hold harmless and indemnify the
Lessor from and against all loss , liability, or expense for personal injury or property
damage which might arise through the presence, operation, use or maintenance of the
Premises and to maintain liability and property damage insurance coverage in the amounts
shown in the Contract to protect the interest of the Lessor.
Should any person, natural or otherwise, bring suit or commence any legal proceeding,
judicial or otherwise, against the Lessor for personal injury or any other personal liability
or for any property damage or for any other matter whatsoever, arising from Lessee ' s use
of the leased Property, the Lessee hereby agrees to defend Lessor in said matter or
proceeding and Lessee agrees to pay all legal fees and costs Lessor may incur as a result
of said proceeding or suit .
10. TAXES AND FEES
Lessee shall pay all taxes, assessments, licenses and registration fees on said Property, if
any, during the term of this Lease , and furnish to Lessor satisfactory proof that such
payment has been made before such taxes, assessments or fees become delinquent.
11 . EVENTS CONSTITUTING DEFAULTS
The following events constitute defaults :
a . The nonpayment by Lessee, for a period of twenty (20) days, of any sum
required hereunder to be paid by Lessee .
b . The nonperformance by Lessee of any other covenant or condition of this
Lease which is not cured within twenty (20) days after notice thereof from
Lessor.
C , An affirmative act of insolvency by Lessee, or the filing by Lessee of any
petition under any bankruptcy, reorganization, insolvency or moratorium
law, or any law for relief of, or relating to , debtors .
d. The filing of any involuntary petition under any bankruptcy statute against
Lessee, or the appointment of any receiver or trustee to take possession of
the property of Lessee, unless such petition or appointment is set aside or
withdrawn or ceases to be in effect within thirty (30) days of the date of the
filing or appointment.
e . The subjection of any of Lessor' s Property to any levy, seizure,
assignment, application or sale for or by any creditor of Lessee or
governmental agency.
12 . LESSOR' S RIGHT TO PREVENT DEFAULT
Should Lessee fail to make any payment or do any act as herein provided, then Lessor
shall have the right, but not the obligation, without notice to or demand on Lessee, and
without releasing Lessee from any obligation hereunder, to make or do the same, and to
pay, purchase, contest or compromise any encumbrance, charge or lien which in the
judgment of Lessor appears to affect the Property, and in exercising any such rights, incur
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any liability and expend whatever amounts in its reasonable discretion it may deem
necessary therefor. All expenses so incurred by Lessor shall be, without demand,
immediately due and payable by Lessee and shall bear interest at the rate of ten percent
( 10%) per annum until paid.
13 . RIGHTS UPON DEFAULT
On the occurrence of any of the items listed in Section 11 , as constituting a default, Lessor
may without notice to or demand on Lessee, immediately take possession of the Premises .
14 , CHOICE OF LAW
This Lease shall be governed by and construed under the laws of the State of Florida.
Venue shall be in the appropriate court in Indian River County, Florida.
15. LIMITATION OF EFFECTS OF WAIVERS
No delay or omission to exercise any right, power or remedy accruing to Lessor for any
breach or default by Lessee under this Lease will impair any such right, power or remedy
of Lessor, nor shall it be construed to be a waiver of any such breach or default, or any
acquiescence therein, or of any similar breach or default thereafter occurring; nor shall
any waiver of any single breach or default be deemed a waiver of any other breach or
default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any
kind or character on the part of Lessor of any breach or default under this Lease, or any
waiver on the part of Lessor of any term, provisions, condition or covenant of this Lease,
must be in writing, and will be effective only to the extent in such writing specifically set
forth. All remedies , either under this Lease or by law, or otherwise afforded to Lessor, will
be cumulative and not alternative .
16. ASSIGNMENT
Lessee shall not assign this Lease or any interest in said Lease, without Lessor' s written
consent . Lessee shall not sublet the Premises herein, or any part of it, without Lessor' s
written consent .
17. LEASE APPLICABLE TO SUCCESSORS AND ASSIGNS
Lessor and Lessee agree that the rights and obligations under this Lease shall inure to and
be binding on their respective successors and assigns, subject, however, to the provisions
of Section 16 , herein.
18. ATTORNEY' S FEES
In the event that any action is filed in relation to this Lease, the unsuccessful party in the
action shall pay to the successful parry, in addition to all other sums that either party may
be called on to pay, a reasonable sum for the successful party ' s attorneys ' fees and costs .
19 . SEVERABILITY
This Lease embodies the entire agreement between the parties . It may not be modified or
terminated except as provided herein or by other written agreement. If any provision
herein is invalid it shall be considered deleted here from, and shall not invalidate the
remaining provisions .
20. TERMINATION OF LEASE
Unless otherwise terminated, this Lease will continue in force until all of the obligations
of the parties hereto have been discharged. Upon the sale, lease or transfer of the property,
whether voluntary or involuntary through Court Order or otherwise, the Lessor shall have
the right to terminate this Lease upon giving Sixty (60) days written notice to Lessee,
without incurring any responsibility or liability whatsoever. Any advance rent received by
Lessor shall be prorated as of the date of termination and refunded to the Lessee .
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21 . WARRANTIES
Lessor makes no warranties , express or implied, as to the Property leased, and assumes no
responsibility for its condition. The Property is being leased AS IS , WHERE IS , WITH
ALL FAULTS .
22 . NOTICES
Any notice to be given under this Lease shall be by hand delivery or mailed by registered
or certified mail with postage prepaid to the party to be notified at the address set forth
herein.
23 . COUNTERPARTS
This Lease may be executed in multiple counterparts, each of which shall be an original,
and all of which shall be deemed to be one and the same.
24 . FACSIMILE COPY
Facsimile copies of this Lease and any signatures hereon shall be considered for all
purposes as originals .
25 . PROPERTY
It is understood and agreed by the parties hereto that the City has previously leased a
portion of the Property described herein to Indian River County, which is why the County
is a party to this Lease and why it is necessary for the County to approve and be
a
signatory to this Lease .
26. MISCELLANEOUS
The Festival shall be responsible for prohibiting parking on the Community Center
property (Lots 24 through 26 , Block 98 ) , the property leased to RCMA and the Handball
and Tennis Courts located on Lots 14 and 15 , Block 101 . Trailers or vehicles are
prohibited from accessing City property along South Cypress Street, except at the
driveway, from CR 512 to California Avenue, because prior access has damaged the
.secondary drainage system . The Festival shall be responsible for keeping California
Avenue open to the public from South Broadway Street to Cypress Street.
LESSOR :
CITY OF FELLSMERE, FLORIDA
"SEAL" By:
kbert C . Baker, Mayor
�
T : Dat
Deborah C . Krages , City Cler
INDIAN7R COUNTY, FLORIDA
By:zw,
nneth R. Mach t, Chairman
AT Dated: November 18 , 2003
" APPROVED AS TO FORM
By: C- AND LE L S FFICIENCY
Clerk of the Circuit Court 22
4 BY
AN E . FELL
ASS ANT COUNTY ATTO EY
LESSEE :
FELLSMERE FROG LEG FESTIVAL, INC .
By: ?/ 2 L
"SEAL" Frank Ruege, P esident
Dated: l 1 - 13 - 03
ATTEST :
B �
Secretary
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A. Lots 1 through 11 , Block 96 - Parking or set up of rides is prohibited on the Basketball
Courts .
B . Lots 14 through 24, Block 96 - Parking or set up of equipment is prohibited around pavilions
and Tot-Lot playground equipment. Tot-Lot area is the North 1 /2 of Lot 18 through the
South 1 /2 of Lot 21 , Block 96 .
C . Vehicular access to Block 96 is prohibited except for designated driveway access over the
sidewalk on the North 1 /2 of Lot 14 and South 1 /2 of Lot 15 , Block 96 .
D . Lots 34 through 37 , Block 97, and the NW 1 /2 of Lots 38 and 39, Block 97 - Municipal
parking lot, excluding the NE 1 /2 of Lots 38 and 39, Block 97, which is where the lift station
is located.
E . Lots 1 through 13 , Block 103 , leased to Indian River County, excluding the old school
building, except the northern part of the basement of the old school building known as the
"Frog Leg Kitchen . " The FFLE, Inc . shall have the exclusive use of the Frog Leg Kitchen
during the term of the Lease.
F . The North 1 /2 of Lot 22 , Lots 23 and 24 and the South 1 /2 of Lot 25 , Block 103 - City
Council Chambers .
The following restrictions shall apply to the use of the paved parking
lot areas adjacent to the City Council Chambers and employee and
citizen parking lot. These parking areas will only be available for
Festival use on Thursday, January 15 , 2004, between the hours of
5 : 00 p .m . and 7 : 00 a.m. on Friday, January 16 , 2004 and from 5 : 00
p .m. on Friday, January 16, 2004 to 7 : 00 a. m. on Monday, January
19 , 2004 .
FFLE, Inc . shall have the exclusive use of the above described land for two weeks , which will
be the week before the Festival and the following week, during which the Festival will be held.
ATTACHMENT 1
10
RESOLUTION
No . 03 - R
A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER
COUNTY, FLORIDA AUTHORIZING THE LEASE OF CERTAIN
CITY OWNED REAL PROPERTY PURSUANT TO SECTION 2=230
OF THE CODE OF ORDINANCES OF THE CITY OF FELLSMERE,
FLORIDA, TO THE FELLSMERE FROG LEG FESTIVAL, INC .;
PROVIDING FOR THE PURPOSE FOR WHICH SUCH REAL
PROPERTY WILL BE USED; PROVIDING FOR THE TERM OF THE
LEASE; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE LEASE; AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN THE FROG LEG FESTIVAL CONTRACT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE ,
WHEREAS, Fellsmere Frog Leg Festival, Inc . is planning to put on the
annual Fellsmere Frog Leg Festival in January, 2004; and
WHEREAS, Fellsmere Frog Leg Festival, Inc . has applied to the City for the
lease of the City's real property set forth in the Real Property Lease Agreement,
attached hereto as Exhibit "A" and by this reference made a part hereof, for use in
putting on the 2004 Fellsmere Frog Leg Festival; and
WHEREAS, in order to put on the 2004 Fellsmere Frog Leg Festival, it is
necessary to have a Contract providing for the terms and conditions under which
the City will authorize the use of its property for Festival purposes, which Frog Leg
Festival Contract is attached hereto as Exhibit " B ", and by this reference made a
part hereof; and
WHEREAS, the City Council has determined that it is in the best interest of
the City to enter into the Real Property Lease Agreement and Frog Leg Festival
Contract attached hereto as Exhibits "A" and " B", respectively.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Fellsmere, Indian River County, Florida, as follows :
SECTION 1 . RATIFICATION . The above recitals are hereby ratified and
confirmed .
f
SECTION 2 . PURPOSE . Fellsmere Frog Leg Festival, Inc . has applied to
the City to lease the real property described in the Real Property Lease Agreement
attached hereto as Exhibit "A" for the purpose of staging said Festival, including but
not limited to amusement rides, vendors, entertainment, parking and related
activities .
SECTION 3 . USE . Fellsmere Frog Leg Festival, Inc . is granted use of the
real property described in Exhibit "A" attached hereto and shall be subject to the
terms of said Real Property Lease Agreement.
SECTION 4 . LEASE TERMS . The term of the Lease shall commence on
November 10, 2003 and end on January 31 , 2004, subject to the terms of said
Lease and the Frog Leg Festival Contract entered into along with said Lease .
SECTION S . RENTAL AMOUNT. The rental amount shall be $ 1 . 00
and other considerations, subject to the term of the Lease and Contract.
SECTION 6 . LEASE AGREEMENTS . The Mayor and City Clerk are
hereby authorized to sign the Lease attached hereto as Exhibit "A" . In the event of
a conflict between the terms of this Resolution and the Lease, the terms of the
Lease shall prevail . The said Lease attached hereto must also be approved and
signed by Indian River County since it has leased a portion of the land proposed to
be used by the Festival .
SECTION 7 . FESTIVAL CONTRACT. The Mayor and City Clerk are
hereby authorized to sign the Frog Leg Festival Contract attached hereto as Exhibit
" B " . In the event of a conflict between the terms of this Resolution and the
Contract, the terms of the Contract shall prevail . The said Contract attached
hereto must also be approved and signed by Indian River County since it has leased
a portion of the land proposed to be used by the Festival .
SECTION 8 . REPEAL OF CONFLICTING PROVISIONS . All
previous resolutions or parts thereof, which conflict with the provisions of this
Resolution, to the extent of such conflict, are superseded and repealed .
SECTION 9 . SEVERABILITY. If any section, part of a sentence,
paragraph , phrase or word of this Resolution are for any reason held to be
unconstitutional, inoperative or void, such holding shall not effect the remaining
portions hereof and it shall be construed to have been the legislative intent to pass
this Resolution without such unconstitutional, invalid or inoperative part.
SECTION 10 . EFFECTIVE DATE . This Resolution shall take effect
immediately upon its adoption .
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VIA! fore of g Resolution was moved for adoption by Council Member
and the motion was seconded by Council Member
and, upon being put to a vote, the vote was as follows :
Councilman Michael E. Barone
Councilwoman Dorothy M . Thomas
Councilman John A . McCants
Councilwoman Sara J . Savage
Councilman Fernando Herrera
Mayor Robert C . Baker is a non -voting member of the Council .
J ^ yw The Mayo t reupon eclared this Resolution duly passed and adopted this
day o , 2003 .
CITY OF FELLSMERE, FLORIDA
765
bert CAMIZer, May r
Attest:
( SEAL )
Deborah C . Krages, City Cl
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