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Home My WebLink About2008-189LEASE EXTENSION r This Agreement for Lease Extension ("Amendment") entered into on the day of 2008, by Indian River County, a political subdivision of the State of Florida, 1801 27t Street, Vero Beach, FL 32960 ("County"), and David Robert Geary, a single man, ("Tenant") whose address is 5165 66th Avenue, Vero Beach, FL 32967. WITNESSETH: The County contracted to purchase Tenant's property on August 22, 2006. The property consists of a two acre lot and a single family home where Tenant resides; and WHEREAS, the purchase of the property was in lieu of eminent domain, as the County is planning widening and improvements to 66th Avenue; and WHEREAS, as part of the consideration for purchase of the property, the County agreed to lease -back the property to Tenant until June 30, 2008; and WHEREAS, the Tenant has requested a one year extension to the lease and the County is not planning to begin road construction of the 66th Avenue project within that time; and WHEREAS, the County has no objection to extending its lease with Tenant for an additional one year period, NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Tenant agree as follows: 1. The foregoing recitals are incorporated as if fully restated herein. 2. The first and second paragraph of that certain Lease dated August 19, 2006 is hereby amended to terminate on June 30, 2009. 3. Except as amended herein, the terms and conditions of the Lease shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Lease, the terms of this Amendment shall control. THE REMAINDER OF THIS PAGE HAS 01 BEEN LEFT BLANK INTENTIONALLY IN WI"rN1SS this Lease Extension is executed by the authorized representatives of the partics, as of the day m1d vcar f first above written. DAVID IMM`Wl (1I1'AI1'�I" a Single, num ' ry 1 Tinted name WITNESS: Approved as to loran and (coal stillicicncy 1 William K'. 1)c131-aal Deputy County Attarncv 2 BOARD OF COUNTY COMMISISIONERS INDIAN RIVER COUNTY; FLORIDA B a Sandra . Bowden, Chairman Board of County Commissioners Approved by the BCC: 3une. ,17: 2-%8 ATTEST: J. K BY: Clerk of Clerk of EXHIBIT $'A" The North 264 feet of the South 528 feet of the East 10 acres of Tract 1, Section 19, Township 32 South, Range 39 East; said land now lying and being in Indian River County, Florida. Commonly known as: 5165 66th Avenue, Vero Beach, FL. 32967 Parcel I. D. #32391900001001000004.0 9 EXHIBIT "B" LEASE This LEASE, executed this day of , 2006, in consideration of the following covenants, agreements, limitations, and conditions entered into by the parties hereto, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter called LANDLORD, doth lease unto David Robert Geary, a single man, hereinafter called TENANT, the real property and facilities situated thereon, located in Indian River County, Florida, and more particularly described in Exhibit "A" ("premises"), which is attached hereto and incorporated herein by reference, to be occupied only as a private, single-family residence, and for no other purpose, for the terms commencing on the day of , 2006, and ending on the 30th day of June, 2008 or until such time as the 66th Avenue Project begins, whichever occurs first. The rent shall be $-0-. Tenant must vacate the premises on or before the 30th day of June , 2008. Tenant may opt out of this LEASE anytime during the lease period by providing written notice to Landlord as such. Should the 66th Avenue Project be postponed, the County may extend said lease at the County's sole discretion. THIS LEASE MAY NOT BE ASSIGNED by the TENANT nor shall TENANT sublet or grant any license to use the premises or any part of them. PROVIDED ALWAYS, and the TENANT hereby covenants: 1. To make any and all repairs to the said premises, plumbing, fixtures, wiring, etc. required to maintain the premises in livable condition. TENANT will at the end of this lease surrender and deliver up said premises, without demand, in as good order and condition as when entered upon, loss by fire, inevitable accident, ordinary wear and decay only excepted. TENANT shall not make any alterations or improvements to the premises without the prior written consent of the LANDLORD. 2. That in the event the premises are destroyed or so damaged by fire or other unavoidable casualty as to be unfit for occupancy or use, then this LEASE shall thereby be determined ended. LANDLORD shall not be liable to rebuild or replace said premises. 3. To permit LANDLORD or his agent, at any reasonable time, to enter said premises or any part thereof for the purpose of exhibiting the same or making repairs thereof. 4. 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 $100,000 for individual injuries and $200,000 per occurrence. On the insurance policy, the LANDLORD must be named as co-insured, and the LANDLORD must be given 30 -days written notice of insurance company's intent to cancel or terminate the policy. 5. To pay all charges for electricity, waste disposal, water, and gas used on said premises; not to hold the LANDLORD responsible for any delay in the installation of electricity, water, or gas, or meters therefore, or interruption in the use and services of such commodities. 7 6. Not to use the demised 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 demised premises. TENANT'S use of the property shall at all times comply with all laws and ordinances in effect in Indian River County, Florida. 7. 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. 8. IT IS FURTHER UNDERSTOOD AND AGREED between the parties hereto, that if TENANT shall violate 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, said TENANT agrees to pay to said 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 hereof shall be deemed or taken to be a waiver of any succeeding or other breach. AND IT IS FURTHER UNDERSTOOD AND AGREED that all covenants and agreements of this lease shall not be binding upon, nor apply to the heirs or personal representatives of the respective parties hereto. BOARD OF COUNTY COMMISSIONERS Indian River County�Fprida By: R. Chairma Approved by BCC: August 22, 2006 (Date) Attest: J. K. Barton, Clerk of Circuit Court Deputy Clerk Approved as to form,nd legal, sufficiency: By: r., Cc TENANT David obertrtt Geary f Date: `/ 06 Signed in the presence of: Witness v v ni 1caa 8