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Home My WebLink About2016 Construction Encroachment AgreementLEASE AGREEMENT VACANT PROPERTY LOCATED AT 1527 INDIAN RIVER DRIVE SEBASTIAN, FLORIDA 32958 THIS AGREEMENT is made this % S day of 7v�`' 2016, between Sembler & Sembler, Inc., whose address is 6945 49 Str et, Vero Beach, Florida 32967, hereinafter designated as PROPERTY OWN R, and the 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: 1527 Indian River Drive Legal Description as described by Metes and Bounds —"Exhibit A" Parcel I.D. 31-39-06-00000-001000002.0 I. PURPOSE. The purpose of the Lease Agreement is to enable THE CITY to accomplish the Working Waterfront Drainage 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 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 a for a period of two (2) months commencing y 2016, and de of terminating on % day of �r-Y'7 20 6. THE CITY reserves the right to terminate this Lease Agreement at an earlier date in its sole discretion. 3. RENT. The PROPERTY OWNER, for and in consideration of the sum of Ten Dollars and No Cents ($1o.00) and other valuable considerations, receipt whereof is hereby acknowledged, shall allow THE CITY to lease the above referenced demised premises for the aforementioned purpose. 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, subcontractors, 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 enforcernent 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: THE CITY: Sembler & Sembler, Inc. 6945 49" Street Vero Beach, Florida 32967 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. Signed, sealed and delivered In the presence of: Witness: is lid Print Name: PROPERTY OWNER Sembler & Sembler, Inc. By: Charles B y ambler, President THE CITY ATTEST: /J , J nett Williams, MMC ity Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: CityAttorney THE AEGr' BASTIAN anager Full Legal Description for Parcel 31390600000001000002.0 Parcel: 31390600000001000002.0 Full Legal Description Page 1 of 1 EXHIBIT A COM AT INTERSECTION OFTWP LINE BET TWP 30S & TWP 315, & W R/W LINE OF A 66 FT WIDE R/W OF IR DR A/K/A OLD US HWY NO I (OLD STATE RD NO 5); TH RUN S 25 DEG 22 MIN 00 SEC E ALONG W R/W. A DIST OF 270.40 FT TO S LINE OF MIDDLETON'S SUB AS RE C IN PLAT BOOK 2 PG 56; TH RUN S 88 DEG 01 MIN 00 SEC E. A DIST OF 172.40 FT. MORE OF LESS, TO MEA N HIGH WATER LINE OF T HE INDIAN RIVER & POB; TH RETRACING THE LAST MENTIONED COURSE,RUN N 88 DEG 01 MIN 00 SEC W, A DIST OF 553.22 FT TO E R W OF NEW US HWY 1; TH RUN S 36 DEG 26 MIN 00 SEC E ALONG SAID R/W, A DIST OF 164.37 FT; TH RUN S 88 DEG 01 MIN 00 SEC E. A DIST OF 483.85 FT TO W SHORE OF THE IN DIAN RIVER; TH RUN NWLY MEANDERING SAID W SHORE TO POB: LE SS R/W OF INDIAN RIVER DR: AND ALSO LESS ALL THOSE LANDS LYING ELY OF SAID INDIA\ RIVER DRIVE 261 I close http://www.ircpa.org/Tools/FuIlLegal.aspx?ParcelID=31390600000001000002.0 6/29/2016