HomeMy WebLinkAbout1990-2004�
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SF('OND AMENDMFNT TO L.EAGE AC=RF.EMENT
This Second endment to Lease Agreement is made and entered into tt►is
� day o 1996, between the CITY OF SEBASTIAN,
FLORIDA, a Florida municipal cd�iorarion, whose principal office is located at 1225 Main
Street, Sebastian, Indian River County, Florida 32958, party of the fust part (hereinatter
referred to as the "Landlord") and Sebastian River Area Little League, Inc., a Florida
Not-For-Profit corporation, party of the second part (hereinafter referred to as the
"Tenant").
WITNESSETH:
WHEREAS, the Landlord and Tenant have agreed to amend the certain I,ease
Agreement entered into on the 24th day of October, 1990, and adopted by Resolution No.
R-90-42, said Lease Agreement being between the City of Sebastian, Florida and Sebastian
River Area Little I.eague, Inc., for real property located at Barber Street Sports Complex,
as follows:
"Pazagraphs 5(a), 6(a) of the Lease Agreement aze hereby amended to change the
annual lease term from "February 1 through July 31" to "December 1 through July 31".
Paragraph 11(b) of the Lease Agreement is hereby amended to change the Lessor's use of
the leased premises from "August 1 through January 31 " to "August 1 through November
30". In all other respects, the provisions of the original Lease Agreement shall remain in
fuli force and effect."
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IN WITNESS WHEREOF, the parties this this Second Amendment W Lease
Agreement have set their hands and seals hereto, on the day and year first above written.
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ATTEST:
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K O' alloran, MGAAE
City Cierk -
(S E A L)
— "TENANT"
� SEBASTIAN RIVER AREA LITTLE
LEAGUE, INC.
By��-�..�.-. C� ��-o--v�- �
Witnesses:
Approved as to Forn► and Content:
Ct�-t�=- C . �In. ' C.�..ti.P
Clifton A. McClelland, Jr�—
City Attomey
er.
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FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is made and
entered into this �.J �+- day of C.P_Q��,1�L� , 1993 ,
between the CITY OF SEBASTIAN, FLORIDA, a Florida municipal
corporation, whose principal ofPice is located at 1225 Main
Street, Sebastian, Indian River County, Florida 32958, party of
the first part (hereinafter referred to as the "Landlord") and
Sebastian River Area Little League, Inc., a Florida Not-For-
Profit corporation, party of the second part (hereinafter
referred to as the "Tenant").
W I T N E S S E T H:
WHEREA3, the Landlord and Tenant have agreed to amend the
certain Lease Aqreement entered into on the 24th day of October,
1990, and adopted by Resolution No. R-90-42, said Lease Agreement
being between the City of Sebastian, Florida and Sebastian River
Area Little League, Inc., for real property located at Barber
Street Sports Complex, as follows:
"Paragraph 1 of the Lease Agreement is hereby amended to
add fields #3 and #4 to the "Leased Premises". In all other
respects, the provisions of the original Lease Agreement shall
remain in full force and effect." '
IN WITNESS WHEREOF, the parties this this First Amendment to
Lease Agreement have set their hands and seals hereto, on the day
and year first above written.
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ByK ,/"�'a ,� .Ci.-
onnie R. e , Mayar
ATTEST:
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Kathryn O'Halloran, CMC/AAE
City Clei'k
(S E A L)
nTr�I.JANT"
SEBASTIAN RIVER ARF,A LITTLE
LEAGUE, INC.
BY � � %�t/rt.�L•l l..'C . �aLC`I��
Witnesses:
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�C�La--�`�c� �S�r�LL
Approved as t Form and Content:
Charl s Ian Nash
City Attorney
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LEA3E AGREEMSNT
THI3 LEASE AGREEMENT, made and antered into this �yy^� day of
, 1990, by and between tha CITY OF SEBASTIAN, Florida, a
F or a municipal corporation located in Indian River County,
Florida, party of the first party (hereinafter referred to as the
"Landlord"), and the SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., a
Florida Not-For-Profit corporation, party of the second part
(hereinafter referrad to es the "Tenant"j.
W I T N E S S E T H:
WHEREAS, the Landlord is the owner of certain real property
located in the City of Sebastian, County of Indian River, State of
Florida; and
WHEREAS, the Landlord has agreed to lease such real property
to the Tenant subject to certain terms and conditions; and
WHEREA3, tha Tenant desires to lease such real proparty from
the Landlord.
NOW, THEREFORE, in consideration of the premises, the
covenants, terms and conditions to be performed as set fort�
hereinafter, the receipt and sufficiency of which are hereby-,,
acknowledged, the parties hereto have agreed and do agree as
follows:
1. Leesed Premises: Subject to the terms and conditions set
forth in t s Lease Agreement, and for so long as the Tenant shall
continue to operate a baseball league for the area's youth, the
Landlord leases to the Tenant and the Tenant rents from the
Landlord the certain real property located at the Barber Street
Sports Complex located in Sebastlan, Indian River County, Florida,
such property of the Landlord being more particularly described as
Fielda �1, t2 and the refreshment stand/rest room building as
identified on Schedule "A" attached hereto and by this reference
incorporated herein. Tha eforementioned real property and any
improvements constructed thereon, including buildings and fixtures,
shall be hereinafter referred to as the "Leased Premises".
2. Term of Lease: This Lease shall be for one nonrenewable
term (here na er e"Lease Term") beginning on the date of
execution of this Lease by both parties and ending on November 21,
2004, unless earlier terminated or extended as provided herein.
However, tha termination of this Lease by either party shall not
operate to cure any default of any of the terms end conditions of
this Lease by a defaulting party.
3. Rent: The rent to be paid by Tenant to the Landlord for
the Lease Term shall consist of the sum of One Dollar ($1.00).
The parties hereby acknowledge payment by Tenant and receipt by
Landlord of said rent.
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4. Additional Rent: The Tenant agrees to pay as
addition to e ren provided for in Paragraph 3 of thi
Agreement, any and all sums which may become due by reaso
failure of tha Tenant to comply with all of the covenants
and conditions of this Lease and any and all damages, co
expenses, including attorney's fees (both at trial
appellate levels) which the Landlord may suffer or incur b
of such default, and also any and all damages to the
Premises caused by any act or neglect of the Tenant,
assignaes or sublettees.
5. insurance:
rent in
s Lease
n of the
, terms
sts and
and all
y reason
Leased
or its
(a) Liabilit Insurance: From February 1 through July
31 of each year 3ur.ng e Lease Term, the Tenant shall provide and
kaep in force at its own expense public liability insuranca
coverage with respect to the Leased Premises and all improvements
made to the Leaaed Premises. The insurance coverage to be provided
by the Tenant shall contain limita of not less than $3o0,0U0.00 for
injury or death of any one person and $1,U00,000.00 for injury or
death for any one accident.
(b) Miscellaneous: Any policy or policies of insurance
required by the Lease a a be issued by one or more insurance
companies authorized to engage in business in the State of Florida
and the Tenant shall supply the Landlord with a certificate of such
insurance with evidence of the payment of the premium thereon. All
such policies ahall name the Landlord as an additional insured and
shall contain provision for notice to the Landlord not less than
ten (lo) days in advance of any cancellation or materiel change of
such policy or policies. In case of failure af the Tenant to make
premium payment when due, the Landlord may pay the amount of any
such premiums, which amount with interest thereon from the date of
payment by the Landlord shall be due and payable by the Tenant to
the Landlord immedlately. Copies of renewal policies for any
insurance required under thla Paragraph 5 ahall be deposited by the
Tenant with the Landlord at least ten (10) days prior to the
expiration of existing policies, and upon the failure of the Tenant
to do so, the Landlord may immediately purchase, for the account
of the Tenant, the necassary insurance from any reputable insurance
company without notice to the Tenant, and the Tenant shall
raimbursa the Landlord for the cost thereof within ten (10) days
after demand for same by the Landlord. The Tenant shall have the
right to carry the insurance provided for in this Paragraph 5, or
any portions of such insurance under a blanket or comprehensive
all-risk policy.
Use of Leesed Premises:
(a) Exclusive Ri ht of Use: During the Lease term, from
February 1 throug Ju y 31, e Tenant shall hava the exclusive
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right to use and enjoy the Leased Premises, provided,
the Tenant ahall have tha non-exclusive right to
rooms, switch room, and all common areas, including,
of limitation, the parking lot, spectator areas and
however, that
use the rest
but not by way
bleachers.
(b) Use of Refreshment Stand: The Tenant agrees that
the refreshment s an res room u ng to be operated by it on
the Leased Premises will not be operated in such a manner as to
constitute a nuisance or a hazard and that in connection with the
operation of such facility, the Tenant will observe and comply with
all applicable laws, ordinancea, orders and regulations prescribed
by lawful authority having jurisdiction over such facility operated
in the Leased Premises. If for any reason the Tenant la unable to
obtain, or onee obtained ie unable to continue to hold, the
applicable governmental licenses or permits allowinq it to operate
the refreshment stand, or if the Tenant shall, for any reason,
cease operating the refreshment stand, then, the Landlord shall
hava the right to retake poasesaion of the rafreshment stand/
restroom building and to undertake its operation or, to enter into
an agreement aith a third party whereby auch third party shall
operate the refreshment stand. Thereafter, the Tenant shall have
no further right or intereat in the refreshment stand/restroom
building.
(c) Uss as Recreational Facilit s The Tenant agrees
that the Leased Prem ses s a e use y s Tenant solely as a
recreational facility for its members and guesta. The Tenant
agrees that the Leased Premises shall not be used for any other
purpose.
(d� possession an8 Uae of Alcohol: The Tenant ahall not
permit the possess on or use o a co 0 on he Leased Premises.
7. Utilities: The Landlord shall be responsible for
electricity, wa er, sanitary and storm sewer. The Tenant shall be
responsible for janitor service and any other utility or service
consumed in connection aith the occupancy of the Leased Premises
by the Tenant.
e. Affirmative Covenants of Tenant: The Tenant covenants
and agrees a w w ou eman :
(a) Preoaration of Fields: Assume responsibility for
and undertaka any and al prepara ons and efforts required to be
performad on the Leased Premises in order that it may be used as
a playing field for the game of baseball, including, but not by way
of limitation, lining, dragqing, and raking of battar boxes, base
lines and warning tracks. Furthermore, it shall be the Tenant's
responsibility to furnish all equipment necessary to play baseball;
provided, however, that the Landlord shall, upon the comnencament
of Ehis Lease, furnish two sets of bases, including pitching
rubbers, and shall replace said items on a yearly basis, as needed,
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when the necessity of such replacement 1� due to ordinary wear and
tear.
(b) Waste: Conduct its use of the Leased Premiaes in
such a manner as no to be a nuisanca, and shall not allow any
naxious odora or vapors to be emitted from the Leased Premises.
Use of explosives, flammable and/or corrosive agents and other like
materials is not approved unless authorized by the Landlord in
advance. Any cleaning agent apparatus will be installed and vented
to the outside at the Tenant'a cost and only if installation is
approved in writing in advance by the Landlord. The Tenant shall
not engage in activities that waste the Leased Premises.
(c) Clea__ ning_ Keep the Leased Premises and all
improvements erec�ed tliereon in a clean and orderly state,
including, but not by way of limitation, all fields and adjacent
spectator areas, the announcers' stands and scoreboards, the
"dugout" areas of each field, the refreshment stand, and the
restrooms. Tanant's obliqation to clean shall include the duty to
collect and deposit all trash and garbage into the contalners
located on the Leased Premises for this purpose. The Tenant's
responsibilities under this Paragraph 8(c) shall also include the
duty to supply the rest rooms with toilet paper and all other
necessary sanitary itams. The Tenant shall permit the Landlord's
duly authorized agents to enter upon the Lea�ed Premiaes and the
buildings and improvements thereon erected at any reasonable time,
and from time to time, for the purpose of inspecting and apprnising
the same. The Tenant shall comply with all reasonable orders,
regulationa, rules and requirementa of every kind and nature
relating to the cleaning or orderliness of the premises, now or
hereafter in effect, of the federal, State, municipal or other
governmantal authorities having power to enact, adopt, impose or
require the sama, whether they be usual or unusual, ordinary or
extraordinary, or to changes or requirements incident thereto, or
as the result of any use or occupation thereof or otherwise, and
the Tenant shall pay all costs and expenses incidental to such
compliance, and shall defend, indemnify and save harmless the
Landlord from all expense, and damages by reason of any notices,
orders, violations or penalties filed against or imposed upon the
Leased Premises or against the Landlord as owner thereof, because
of the failure of the Tenant to comply with thia covenant.
in the event of the failure of the Tenant promptly to perform
the covenants of this Paragraph e(c), the Landlord may go upon the
Leased Premises and perform such covenants, the cost thereof, at
the sole option of the Landlord, to be charged to the Tenant as
additional and delinquent rent.
(d) Improvements: The Tenant shall not cause any
improvements to 6e ma�e o e Leased Premises without the advance
written consent of the Landlord. Provided, however, that this
provision shall not be deemed to prevent the Tenant from performing
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or arranging for the performance of any of ita duties or exercising
any of its riqhts under Paragtaph 8. Unlesa otherwise agreed in
writing between the parties hereto, all costs of any improvements
shall be borne by the Tenant. All improvements made on the Lease
Premises, including the construction of buildings and installation
of fixtures, shall become the property of the Landlord upon their
construction or installation, but shall be deemed part of the
Leased Premises for purposes of this Lease Agreement.
(e) Si ns: The Tenant ahall not erect or maintain any
sign or signs on e Leased Premises of a commercial or private
advartising nature.
(f) Securit : Keep locked the announcers' stands and
the refreshment s an rest room building, including related storage
areas, when such premises are not being used by the Tenant.
(g) Batting Cages: The Tenant shall have the right to
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� r_,.....�ce cages, provided, however, that any
such cage or cages shall be installad and maintained in the area
of the Leased Premises set aside for this purpose by the Landlord
pursuant to its obligations under Paragraph 10 (b). The Tenant
shall bear all expenses related to the purchase, installation and
maintenance of such batting practice cagas and shall at all times
keep such cages in good condition and repair.
(h) Com liance: Comply with any requirements of any of
the constituted pu c au orities, and with the terms of any state
or federal statute or local ordinance or regulation applicabla to
the Tenant or its use of the Leased Premises, and save the Landlord
harmless from panalties, fines, costs or damages resulting from
failure so to do.
(i) Fire: Uae every reasonable precaution against fire.
(j) Rule3 and Re ulations: Comply with reasonable rules
and regulationa o a Lan or� promulgated as hereinafter
provided.
(k) Surrender of Leased Premises: Upon the expiration
or other termina on o s Lease, or any reason whatsoaver,
surrender to the Landlord the Leased Premises together with the
buildings and improvements thereon erected or standing thereon and
the building equipment then upon the Leased Premisea, together with
all alterations and replacements thereon, in good order, condition
and repair, except for reasonable wear and use thereof, and except
for such damage by any taking by condemnation or exercise of the
right of eminent domain. The Tenant further agrees to promptly
deliver to tha Landlord at its office all keys for the Leased
Premises.
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(1) Notice of Casualt and Need for Rb air: Give to the
Landlord prompt wr en no ce o any acc an , re, or damage
occurring on or to the Leased Fremises. Give to the Landlord
prompt written notice of any condition of the Leased Premises
requiring repair or maintenance which the Landlord has agraed to
take responsibility for under Paragraph 10.
any time duringVa e� Lease Term to vac te the LeasedtPremisasiprior
to the expiration of this Lease Term, or any extension of the
Lease, or if the Tenant shall cease for any period to be a not-
for-profit corporation, or to utilize the Leased Premises as a
recreation facility, this Lease shall i�nediately terminate without
the necessity of any legal proceeding or other action on the part
of the Landlord, and all right, title and interest in the leasehold
created by this Lease shall revert and revest in the Landlord
immediately and automatically.
9. Ne�ative Covenants of Tenent: The Tenant covenants and
agrees that it will do none o e i�lowing things without the
consent in writing of the Landlord first had and obtained:
(a) Use: Occupy the Leased Premises in any other manner
or for any other purpose than as above set forth.
(b) Asai nment etc.: Assign this Lease or hypothecate
or mortgage the same or su e he Leased Premises or any part
hereof. Any assignment, transfer, hypothecation, mortgaging or
subletting without the written consent of the Landlord shall be
void ab initio.
(c) Alterations and im rovements: Make any structural
alterations, improvemen s, or a ons o the Leased Premises,
except as provided herein. All structural alterations, additions
and improvemants (except trade fixtures, furniture and equipment
other than building equipment) which may be made or installed by
the Tenant upon the Leased Premises shall upon the making or
installation thereof be and become a part of the Leased Premises
and shall remain upon and be surrendered with the Leased Premises
as a part thereof at the termination of this Lease, unless the
Landlord shall, prior to the termination of thia Lease, have given
written notice to the Tenant to remove the same in which event the
Tenant will remove auch alterations, improvements, and additions
and restore the Leased Premises to the same good order and
condition in which thay now are. Should the Tenant fail so to do,
collecting, at the Landlord�s option, the cost and expense thereof
from the Tenant as additional rent.
the Landlord�s op nionr �s harmful�torthe LeasedcPremiseshor�the
buildings of which the Leased Premiaes is a part.
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(e) Weights; Place any weights in any portion of the
Leased Premisas beyo�-�he safe carrying capacity of the structure.
(f) vacation: Vacate or desert the Leased Preanises
during the Lease Term, or permit the same to be empty and
unoccupied without the permission of tha Landlord.
(g) Racordation: Record this Lease. If the Tenant
violates this covenan , e Tenant hereby irrevocably authorizes,
empowers and designatas the Landlord as its lawful attorney for
the purpose of having said Lease marked satisfied of record.
(h) Encumbrances/Liens: Allow any mortgage, lien or
other encumbrance or secur y n erest to be created against or
attached to the Leased Premises or any building or fixture located
thereon.
10. O�blig �attona of Landlord: The Landlord covenants and
agrees that i��ll w ou deman8:
(a) Maintenance and Re�ir;_ Keep the Leased Premises
and all improvemen s erec ed thereon �n good condition and repair,
including the exterior and interior atructures, the roof, all
plumbing, heating and electrical systems, the field lighting, score
boards, fencing and backstops, "dugouts" and announcars' stands.
In addition, the Landlord agrees to keep in good condition and
repair all common areas of the Leased Premises, including the
parking lot, spectator areas and bleachers. The Landlord further
agrees to maintain all grass areas of the Leased Premises, which
duty shall include mowing, fertilizing and operating an irrigation
system.
(b� Trash Removal: Remove from the Leased Premises all
trash and garbage co ec ed by the Tenant pursuant to its
obligation under Paragraph 8(c).
(c) Battin Ca es: The Landlord shall provide adequate
space on the Lease Prem ses for the Tenant to install up to and
including two (2) batting practice cages as permitted under
Paragraph 8(g).
11. Landlord's Ri hts: The Tenant covenants and agrees that
the Landlor sia ave e right to do the following things and
matters in and about the Leased Premises:
(a) ins ection: At all reasonable times by its duly
authorized agen o go upon and inspact the Leased Premises and
every part thereof, and/or at its option to make repairs,
alterations and additions to the Leased Premises.
(b) Use of Leased Premises: Use the Leased Premises
for any public purpose rom Augus 1 rough January 31 each year,
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provided, however, that during thls period the Tenant is relieved
of performing its obligations under Paragraph e.
12. Res onsibility of Tenant= The Landlord shall not in any
event be respons le, and�Tie Tenant hereby specifically assumes
responsibility for any personal or bodily injury or death of any
persons (including employees of the Tanant and the Landlord) and
damage, destruction, or loss of use of any property, including the
Leased Premises (except as apecifically provided otherwise herein)
occasioned by any event happeninq on or about the Leased Premises
during the period of time the Tenant has the exclusive right to use
and enjoy the Leased Premises as set forth in Paragraph 6(a),
except if same results from tha negligence of the Landlord, its
agents, servants, or employees or from natural diasters or acts of
God. The Tenant shall defend, indemnify and hold harmless the
Landlord from and against any and all claims, demands, suits,
damages, liability and costs (including attorney`s fees and
expenses) arising out of or in any manner connected with any act
or omission, negligent or otharwise of the Tenant, third persons,
or any of their agents, servants or employees which arise out of
or are in any way connected with the maintenance, use, operation,
or occupation of the Leased Premises during the period of time the
Tenant has the exclusive right to use and enjoy the Leased Premises
as set forth in Paragraph 6(a), unless due to the negligence of the
Landlord, its agents, servants or employeea or natural disasters (y'��
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The Landlord sh�
asserted against the
claimed injury to pei
to the Tenant the ori
process, pleading or i
to assert or enforce
right to defand any s
and the Landlord a!t
participate in such d
by the partiea hereto
under any expressed
damages whatsoever to
of covenant for which
the Landlord.
�ll promptly notify the Tenant of a�i claim `�d»
Landiord on account of any such injury or
sons or property and shall promptly deliver
�inal or a true copy of any summons or other
iotice issued in any suit or other proceeding
any such claim. The Tenant shall have the
�ch suit with attorneys of its own selection
all have the right, if it sees fit, to
3fense, It is further covenanted and agreed
that in no case shall the Landlord be liable
or implied covenant of this Lease for any
the Tenant accruing after any act or breach
damagas may be aought to be recovered against
The Tenant shall defend, indemnify and hold harmless the
Landlord from claims, demands, suits, liability for damages for
personal or bodily injury or death of any persons or damage or
destruction of any property (including loss of use thareof) caused
by or in any manner arising out of any breach, violation or
nonperformance by the Tenant of any covenant, term or provision of
this Lease.
13. Dame e to Leased Premises; In the event the Leased
Premises are amage y re or o her casualty not occurring
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through the fault or negligence of the Tenant or those employed or
acting for it, the parties hereto agree as follows:
(a) The Landlord shall be obligated to restore tha
Leased Premises if the insurance proceeds payable to the Landlord
due to damage caused by fire or other casualty is sufficient to
cover the costs of restoring the Leased Premises to their original
condition.
(b) in the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition, and if facilities
comparable to the Leased Premises are then available, this Lease
shall terminate and the Tenant shall have the option to lease tha
comparable facilities under terms and conditions that the parties
shall, at such time, mutually agree upon.
(c) In the event insurance proceeds payable to the
Landlord are insufficient to cover the costs of restoring the
Leased Premises to their original condition and facilities
comparable to the Leased Premises are not then available, the
parties agree that, prior to instituting any legal action, they
shall make a good faith effort to neqotiate a remedy equitable to
each party.
(d) in the event the Landlord undertakes to restore the
Leased Premises pursuant to subparagraph 13(a) above, and as a
result of tha damage to the Leased Premises or the Landlord's
repair efforts the Leased Premiaes are rendered untenantable, the
Lease Term shall be extended for a period of time equal to the
period of time the Leased Premiaes remain untenantable.
present conditioneandnwithoutaany representationseonstheiparteof
the Landlord, its officers, employees, aervants and/or agants. The
Tanant hereby acknowledges that it has inspected the Leased
Premises prior to executing this Lease and that it finds the Leased
Premises to be in satisfactory condition.
14. Miscellaneous Aareements and Conditions•
(a) Non-Waiver: Tha failure of either party to insist
upon strict per ormance o any of the covenants or conditions to
this Lease, or to exercise any option herein conferred in any one
or more instances, shall not be construed as a waiver or
relinquishment for the future of any auch covenants or conditions
of this Lease or option, but the same shall be and remain in full
force and effect.
or receipt�by the Lan rd S�ati�sfeSt�ernamo nt thanethebrents herein
stipulated shall be deemed to be other than on account of the
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earliest stipulated rent, nor shall any endorsement of statement
on any check or any letter accompanying any check or payment as
rent be deemed an accord and satisfaction, and the Landlord may
accept such check or paymant without prejudice to the Landlord's
right to recovar the balance of such rent or pursue any other
remedy herein.
15. Remedies of Landlord: If the Tenant:
rent and/oraany ather harge or pay ent herein reserv d e includede
or agreed to be treated or collected as rent and/or any other
charge, expense, or cost herein agreed to be paid to the Landlord;
or
(b) violates or fails to perform or otherwise breaks
any covenant or agreement herein contained; or
(c) vacatea the Leased Premises or removes or attempts
to remove or manifests an intention to remove eny goods or property
therefrom otherwise than in the ordinary and usual course of
business without having first paid and satisfied the Landlord in
full for all rent and other charges then due or that may thereafter
become due until the expiration of the then current tarm;
Then and in any of said events, there ahall be deemed to be
a breach of this Lease, and thereupon the Landlord shall have the
following rights:
(1) To re-enter the Leased Premises end remove all
pessons and all or any property tharefrom, either by
summary dispossession proceedings or by any suitable
action or proceeding at law, and reposseas and enjoy the
Leased Premises, together with all alterations, fixtures,
signs and other installations of the Tenant. Upon
recovering possession of the Leased Premises by reason
of or based upon or arising out of a default on the part
of the Tenant this Lease shall terminate.
(2) To terminate thia Lease and the term hereby created
without any right on the part of the Tenant to waive the
forfeiture by payment of any sum due or by other
performance of any condition, term or covenant broken.
Whereupon the Landlord shall be entitled to recovar, any
and all sums due for rent, including additions to rents
and damages for violation of the Tenant's obligations
hereunder in existencs at the tims of such termination.
16. Right of Iniunctive Relief• in the event of a breach or
threatened breacn by e er par y of any of the covenants or
provisions hereof, the non-breaching party ahall have the right of
injunction and the right to invoke any remedy allowed at law or in
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equity as if re-entry, summary proceedings and other remedies were
not herein provided for.
17. Ri hts Not Exclusive: No right or remedy herein
conferred upon or reserve o either party is intended to be
exclusive of any other right or remedy herein or by law provided
but each shall be cumulative and in addition to every other right
or remedy given herein or now or hereafter existing at law or in
equity or by statute.
18. Ri ht of Assi nee of Landlord: The right to pursue the
remedies here n prov e aga ne e Tenant and to enforce all of
the other provisions of this Lease may, at the option of any
assignee of this Lease, be exercised by any assignee of the
Landlord's right, title and intarest in this Lease in its own name,
any statute, rule of court, custom, or practice to the contrary
notwithstanding.
19. Remedies �Umulative: All of the remedies hareinbefore
given to e er par y an a rights and remedies given to them by
law and equity shall be cumulative and concurrent. No termination
of this Lease or the taking or recovering the Leased Premises shall
deprive the Landlord of any of its remedies or actions against the
Tenant for rent or sums due as if there has been no termination;
nor shall the bringing of any action for rent or breach of
covenant, or the resort to any other remedy herein provided for the
recovery of rent be construed as a waiver of the right to obtain
possession of the premisas.
20. Eminent Domain:
taken under a� p wer of eminentPdomain, the comp n ati nsor p oceeds
awarded for the taking of the land, the building(s) and/or
improvements on the Leased Premises shall belonq to the Landlord.
Provided, however, that the Tenant shall be entitled to receive the
compensation or proceeds awarded for the taking of the leasehold
interest resulting from the institution of eminent domain
proceedings. Nothing herein shall prevent the Landlord from
seeking any and all damagas sustained from the condemning authority
by reason of the exercise of the power of eminent domain.
(b) In the event the condemnation or taking is to such
an axtent that it is impracticable for the Tenant to continue its
operations on the Leased Premiaes, and if facilities comparable to
the Leased Premises are then available, this Lease shall terminate
and the Tenant ahall have the option to lease said facilities under
terms and conditions that the parties shall, at such time, mutually
agree upon. In the event comparable facilities are not then
available, the parties agree that prior to instituting any legal
action, they shall make a good faith effort to negotiate a remedy
equitable to each party.
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21. Identity of Interest: The execution of this Lease or
the performance of any ac pursuant to the provisions hereof shall
not be deemed or construed to have the effect of creating between
the Landlord and the Tenant the relationship of principal and agent
or of a partnership or of a joint venture and the relationship
between them shall be and remain only that of a Landlotd and a
Tenant.
22. Notices and Re orts: Any notice, report, statement,
approval, consen , es gna� on, demand or request to be given and
any option or election to be exercised by a party under the
provisions of this Lease shall be effective only when made in
writing and dalivered (or mailed by registered or certified mail
with postage prapaid) to the other party at the address given
below:
Landlord: City of Sebastian
Attention: City Manager
P.O. Box 780127
Sebastian, Florida 32978
Tenant: Sebastian River Area Little League, Inc.
Attention: President
provided, howaver, that either party may designate a different
address from time to time by giving to the other party notice in
writing of the change. Rental payments to the Landlord shall be
made by the Tenant at the address listed above.
23. Nondiscrimination: The Tenant for itself, its personal
represen a ves, successors in interest and assigns, as part of the
consideration hareof, does hereby covenant and agree as a covenant
running with the land that (i) no person on the grounds of
religion, gender, age, race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be
otherwise subject to diacrimination in the use of the Tenant�s
facilities; (11) that in the construction of any improvements on,
over or under the Leased Premises and the furniahing of services
thereon, no person on the grounds of religion, gender, age, race,
color or national origin shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to
discrimination. This provision is not intended to modify or
preclude tha Tenant from enforcing any of its rulas or regulations
concerning age requirements or limitations with respect to
participation in its programs.
24. Warranties: The Landlord warrants that the Landlord has
full power o execute this Lease and that it will warrant and
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defend the leasehold intarest created hereby against all parties
whomsoaver and that the Tenant, upon observing and complying with
the terms, covanants and conditions of this Lease shall enjoy the
use and occupancy of the Leased Premises during the Lease Term.
25. Headin s No Part of Lease: Any headings preceding the
text of e severa paragrap s and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Leasa nor shall they affect its meaning,
construction or effact.
26. Severabilit : If a provision of this Lease Agreement is
held inva , s areby agreed that all valid provisions that
are severable from the invalid provision remain in effect. if a
provision in this Lease Agreement is held invalid in one or more
of its applications, the provision remains in effect in all
applications.
27. Lease Contains All A reements: It is expressly understood
and agree y an e waen e par es hereto that this Lease,
including the Exhibit, sets forth all the promises, agraements, and
conditions or understandings betwean the Landlord and the Tenant
relative to the Leased Premises, and that there are no promises,
agreements, conditions or understandings, either oral or written,
between them other than are herein set forth. it is further
understood and agreed that, except as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this
Lease shall ba binding upon the Landlord or the Tenant unless
reduced to writing and signed by them.
28. Heirs and Assi nees: All rights and liabilities herein
given to, or mpose upon, the respactive parties herato shall
extend to and bind the several and respective heirs, executors,
administrators, successors and assigns of said parties; and if
there shall be more than one Tenant, they shall all be bound
jointly and severally by the terms, covenants and agreements
herein, and the wozd "Tenant” shall be deemed and taken to mean
each and every person or party mentioned as a Tenant herein, be the
same one or more; and if there shall be more then one Tanant, any
notice required or permitted by the terms of this Lease may be
given by or to any one thereof, and shall have the same force and
effect as if given by or to all thereof. The words "his" and "him°
or "its" wherever stated hereia, shall be deemed to refer to the
"Landlord" or the "Tenant" whather such Landlord or Tenant be
singular or plural and irraspective of gender. No rights, however,
shall inure to the benafit of any assignee of the Tenant unless the
assignment to such assignae has been approved by the Landlord in
writing as aforesaid.
29. Tenant Forbidden to Encumber Leased Pre
expressly agree an un ers oo e ween e par
nothing in this Lease Agreement shall ever be
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lses: It is
�reto that
construed as
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empowering the Tenant to encumbar or causa to be encumbered the
Leased Premises in any manner whatsoever. in tha event that
regardless of this prohibition any person furnishing or claiming
to hava furnished labor and materials at the request of the Tenant,
or any person claiming by, through or under the Tenant, shall file
a lien against the Leased Premises, Tenant shall, within thirty
(30) days after being notified thereof, cause such lien to be
satisfied of record or cause the Leased Premises to be released
therefrom by the posting of a bond or other security as prescribed
by law, or shall cause same to be discharged as a lien against the
r.eased Premises by an order of a court having jurisdiction to
discharge such lien. In the event the lien is not discharged as
required above, Landlord may advance funds necessary to discharge
the lien and recover any amounts so paid from Tenant.
30. Termination of Existin Lease: The axisting lease
agreemen a e Novem er 21, 1984, e ween the parties hereto with
raspect to the certain real property owned by the Landlord located
in the City of Sebastian, Indian River County, Florida, and more
particularly described as the Main Street Field, shall terminate
upon the completion of construction on the Leased Premises and the
execution by both parties of this Agreement. The Landlord agrees
that the construction of Field No. 2 shall be completed on or
before Jenuary 31, 1991, and that the construction of Field No. 1
shall be completed on or before September 30, 1991. The Landlord
hereby represents and warrants that the improvements to be
canstructed on the Leased Premises shall be built in accordance
with all state or local rules, regulations or ordinances applicable
to such structures.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Attest:
Ka �r . O' Ha�
CMC/AAE
City Clerk
(SEAL)
Approved as to form
and co nt:
. � ��
C LES IAN NASH,
y Attorney
CITY OF SEBASTIAN
By
w. �. Conyers, �ayor
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Attest
•
Corpo e e re ary
(corporate seal)
L_J
SEBASTIAN RIVER AREA LITTLE LEAGUE, II�C.
Sy
Pres en .
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