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Home My WebLink About682 Layport - Abraham and Ann Mathewt LEASE AGREEMENT VACANT PROPERTY LOCATED AT 682 LAYPORT DRIVE SEBASTIAN, FLORIDA 32958 THIS AGREEMENT is made this FJ-day of ~~~C-'"200 `?~ between Abraham and Ann Mathew, whose address is 31 Woodhole Drive, Scarsdale, New York 10583 hereinafter 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, and THE CITY hereby agrees to lease from the PROPERTY OWNER the vacant real property described below and hereinafter designated as the demised premises: 682 Layport Drive Sebastian Highlands Subdivision Unit 02 Block 104 Lot 15 Parcel I . D. 31381100002104000015.0 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 the day of , 200 ,and terminating on the day of , 200 .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 in its entirety 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 any 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 and restore the demised premises 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 Abraham and Ann Mathew 31 Woodhole Drive Scarsdale, NY 10583 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 affixed their respective seals. PROPERTY OWNER Signed, sealed and delivered In the presence of: Abraham Mathew /. Witness-- r~i(~~I~.JG~ By: .~ Print Na ~:~ ~~,~,~ m-~'"~-t' Abr m Mathew Ann Mathew Witn ~ ~X,U~~ By: ~-,~ c, Print ea~~ I,y,~ ~~xn,d~ Ann Mathew THE CITY ATTEST: ~~ ~ ~~ Sally A. M , MMC City CI THE CITY,Q'~ SEBASTIAN r,`City Manager ,- Approved as to Form and Legality for Reliance by the City of Sebastian only: City Attorney 2~'18~ 2tlt)8 THC' 13: ~S F3~ `~,'U(11/UU1 ~r ~f~ r-~._:~~9~~r°n vyr~"P~ F"l"",S{J"'~ ;i Pay rr'f: dawn's ~ol~. Realty, Inc. .Phone (9.14} 793-8SD+~ .Fax (914) .7938424 To: Jean Carbella Fax: i72.581-0149 From: Abraham Mathew' Date: 12/4!08 Re: Lease- 682 Layport Ur Pages: 5 • ^ Far Review ^ Please Comment ~ Please Reply ~ Please Recycle ;; ~:::,~ '~C ~: '---- rID: 6~4 9T4 261 CLASS d ,; ..., ~µgrt~walRl4ut~ ' `'•.:,s~wwooos Nom oA SCjARSDAI.J:.Mf it15~5 .,`fit 041t:N.. i ~ :.•'iBEtC •Y EYES: 941_ifi`O-00 .A;.tip11E • ,~~<'~j~~(i~ • ~S9uEt). Y~17-06 EYPIR[S: 4M11-ifl ~~ ~ 1 ./r' ,~ Canfidentiality l~obicc: Thiti litesimi[e transaction is intended only for chc above addressed Hama. h: Contains information rha: is privil~p~Wd yr otherwise from use; and disclosure. If yiw are not chc intended recipient. you are hereby nctificd that any review, disclosure, copying or dissin~latinn of this transmission or the Inking of any :retiun in rc;iiance on ils eanlents, or other u~c is strictly prnhibitcd. if you received this I•,,csimile in error, please notify us by telephone imnteciiatcay, so thlt we car arrangi.• for its return. Thank you for year cooperation. ~ r ~•'it6 ~ .... .. I{~ a