HomeMy WebLinkAbout585 Barber - John R DingerLEASE AGREEMENT
VACANT PROPERTY LOCATED AT
585 BARBER STREET
SEBASTIAN, FLORIDA 32958
THIS AGREEMENT is made this ~~~day of (~Ct-l , 200`3, between John R.
Dinger, whose address is 11128 Highland Circle, Boca Raton, Florida 33428,
designated as PROPERTY OWNER, and CITY OF SEBASTIAN, a Florida
municipal corporation, whose address is 1225 Main Street, Sebastian, Florida
32958, hereinafter designated as THE CITY.
PROPERTY OWNER, for and in consideration of the restrictions and covenants
herein contained, hereby agrees to lease to THE CITY and THE CITY hereby
agrees to lease from the PROPERTY OWNER, the vacant real property
described below and hereinafter designated as the demised premises:
585 Barber Street
Sebastian Highlands Subdivision Unit 2 Block 104 Lot 35
Parcel I . D. 31380100003104000035.0
PURPOSE. The purpose of the Lease Agreement is to enable THE
CITY to accomplish the Collier Canal Stormwater Retrofit Project. The
parties acknowledge that THE CITY and its contractors, sub-
contractors, agents and employees will utilize the subject property to
complete the project including but not limited to construction access
between the canal right-of-way and the City street system; storage of
construction equipment and materials; temporary storage, drying,
draining and removal of dredged material; temporary construction
facilities such as office trailer, portable toilets, worker parking; and all
activities necessary and proper to complete the project.
2. TERM. The term of this Lease Agreement shall be for a period of two
(2) years commencing ~~ day of (~A~C.H , 200° ,and
terminating on ~~m day of ~A,Qtk4 , 2011 .THE CITY reserves
the right to terminate this Lease Agreement at an earlier date in its sole
discretion.
3. RENT. THE CITY shall pay the PROPERTY OWNER rent of
$6,809.46. The rent shall be paid within fifteen (15) days of the
approval of this agreement by the City Council of the City of Sebastian.
4. INDEMNIFICATION AND HOLD HARMLESS. THE CITY shall
indemnify and hold the PROPERTY OWNER harmless to the extent
and within the limitations of Section 768.28, Florida Statutes, from any
and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise out of the use and occupancy of the
property by THE CITY, its contractors, sub-contractors, agents and
employees.
5. SURRENDER OF DEMISED PREMISES. Upon the termination or at
the end of the term of this Lease Agreement or extension thereof, THE
CITY agrees to remove its personal property and equipment, and that
of its contractors, sub-contractors, agents and employees and
surrender to PROPERTY OWNER the demised premises restored to
as good condition as said demised premises were at the beginning of
the term of this Lease Agreement, ordinary wear and tear excepted.
6. PEACEFUL POSSESSION. PROPERTY OWNER or any of its agents
shall have the right to enter said demised premises during all
reasonable working hours, upon the giving of twenty-four (24) hours
prior notice. Subject to the terms, conditions, and covenants of this
Lease Agreement, PROPERTY OWNER agrees that THE CITY shall
and may peaceably have, hold, and enjoy the demised premises
above described, without hindrance or molestation by PROPERTY
OWNER.
7. SPECIFIC PERFORMANCE. The parties acknowledge that the project
entails significant sums of public monies and the enforcement of the
terms of this Lease Agreement may be accomplished through Specific
Performance.
8. SUCCESSORS IN INTEREST. It is hereby covenanted and agreed
between the parties that all covenants, conditions, agreements, and
undertakings contained in this Lease Agreement shall extend to and be
binding on the respective successors and assigns of the respective
parties hereto, the same as if they were in every case named and
expressed.
9. ENTIRE AGREEMENT. It is agreed and understood that this Lease
Agreement contains all agreements, promises and understandings
between the PROPERTY OWNER and THE CITY and that no verbal
or oral agreements, promises or understandings shall be binding upon
either the PROPERTY OWNER or THE CITY in any dispute,
controversy or proceeding at law, and any addition, variation or
modification to this Agreement shall be void and ineffective unless
made in writing and signed by the parties.
10. GOVERNING LAW. This Lease Agreement and the performance
thereof shall be governed, interpreted, construed and regulated by the
laws of the State of Florida. Venue for any action related hereto shall
lie exclusively in Indian River County, Florida. The parties hereto
explicitly waive any and all rights to trial by jury of any matter related in
any way to this Lease Agreement.
11. NOTICES. All notices hereunder must be in writing and shall be
deemed validly given if sent by certified mail, return receipt requested,
addressed as follows (or any other address that the party to be notified
may have designated to the sender by like notice}:
PROPERTY OWNER: John R. Dinger
11128 Highland Circle
Boca Raton, FL 33428
THE CITY: City of Sebastian
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
IN WITNESS WHEREOF, the parties hereto have set their hands and afFxed
their respective seals.
PROPERTY OWNER
Signed, sealed and delivered
In the presence of:
John R. Dinger
,~
z
Witness. ~ By: ~ ~ ~ ~~, ~~~ ..~
Print Na John .Dinger
THE CITY
ATTE - TH CITY F SEBASTIAN
~ ~~
Sally A. M - , MMC r
City Clerk City anager
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney