HomeMy WebLinkAboutR-90-42RESOLUTION NOo~ R-90-42
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE I~YOR~ND THE CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A LEASE AGREEMENT WITH
SEBASTIAN RIVER AREA LITTLE LEAGUE, INC., IN A FORM
IDENTICAL TO THE LEASE AGREEMENT ATTACHED TO THIS
RESOLUTION AS EXHIBIT ~A~ PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~
PROVIDING FOR SEVEP~BILITY~ AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council and the Sebastian River Area
Little League, Inc., desire to replace their existing lease
agreement with a new lease agreement whereby the Sebastian River
Area Little League, Inc. would be leasing a new facility from the
city at the Barber Street Sports Complex; and,
WHEREAS, the City Council has reviewed the proposed Lease
Agreement provided to them by city staff, a copy of which is
attached to this Resolution as Exhibit "A" and incorporated herein
by this reference; and,
WHEREAS, the City Council has determined that the
proposed Lease Agreement with the Sebastian River Area Little
League, Inc. will better provide for the health, safety and welfare
of its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Lease Agreement with
the Sebastian River Area Little League, Inc., a copy of which is
attached to this Resolution as Exhibit "A", and incorporated herein
by this reference.
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
. wa.
Councilman /~ and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman
Lonnie
R. Powell
Councilman Lloyd Rondeau ~/~
The Mayor thereupon declared this Resolution duly passed and
adopted this ~--~ay of ~.~~ , 1990.
ATTEST:
Kathr~_ M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approve~as~o Form and Content:
Chaf"~s lan ~ash, City Attorney
CITY OF SEBASTIAN, FLORIDA
LEASE AGREEMENT
--,THIS LEASE AGREEMENT, made and entered into this ~day of
, 1990, by and between the CITY OF SEBASTIAN, F~l-6-rida, a
Florida-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 referred to as the "Tenant").
W I TNE S S ET 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
WHEREAS, the Tenant desires to lease such real property from
the Landlord.
NOW, THEREFORE, in consideration of the premises, the
covenants, terms and conditions to be performed as set forth
hereinafter, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto have agreed and do agree as
follows:
1. Leased Premises: Subject to'the terms and conditions set
forth in this Leas~ Agreement, and for so long as the Tenant shall
continue to operate a baseball league for the area'~ ynoth, the
Landlord leases to the Tenant and the Tenant rents -f~om the
Landlord the certain real property located at the Barber Street
Sports Complex located in Sebastian, Indian River County. Florida,
such property of the Landlord being more particularly de~cribed as
Fields #1, #2 and the refreshment stand/rest room building as
identified on Schedule "A" attached hereto and by this reference
incorporated herein. The aforementioned real property and any
improvements constructed thereon, includi~g buildings and fixtures,
shall be hereinafter referred to as the Leased Premises...
2. Term of Lease: This Lease shall be for one nonrenewable
term (hereinafter the "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, the termination of this Lease by either party shall not
operate to cure any default of any of the terms and conditions of
this Lease by a defaulting party.
3. Rent: The rent to be paid by Tenant to the Landlord for
the Lease~erm shall consist of the sum of One Dollar ($1.00).
The parties hereby acknowledge payment by Tenant and receipt by
Landlord of said rent.
4. Additional Rent= The Tenant agrees to pay as rent in
addition to the rent pro6ided for in Paragraph 3 of this Lease
Agreement, any and all sums which may become due by reason of the
failure of the Tenant to comply with all of the covenants, terms
and conditions of this Lease and any and all damages, costs and
expenses, including attorney.s fees (both at trial and all
appellate levels) which the Landlord may suffer or incur by reason
of such default, and also any and all damages to the Leased
Premises caused by any act or neglect of the Tenant or its
assignees or sublettees. ·
5. Insurance:
(a) Liability Insurance: From February 1 through July
31 of each year'~durihg th~ ~ease Te~m, the Tenant shall provide and
keep in force at its own expense public liability insurance
coverage with respect to the Leased Premises and all improvements
made to the Leased Premises. The insurance coverage to be provided
by the Tenant shall contain limits of not less than $300,000.00 for
injury or death of any one person and $1 000,000.00 for injury or
death for any one accident. '
(b) Miscellaneous: Any policy or policies of insurance
required by the Le~s6 Shall~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. Ail
such policies shall name the Landlord as an additional insured and
shall contain provision for notice to' the Landlord not less than
ten (10) days in advance of any cancellation or material change of
such policy or policies. In case of failure of 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 immediately. Copies of renewal policies for any
insurance required under this Paragraph 5 shall 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 necessary insurance from any reputable insurance
company without notice to the Tenant, and the Tenant shall
reimburse 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.
6. Use of Leased Premises:
(a) Exclusive Right of Use: During the Lease term, from
February 1 thr6Ugh July '31,~the T~n~nt shall have the exclusive
right to use and enjoy the Leased Premises, provided, however, that
the Tenant shall have the non-exclusive right to use the rest
rooms, switch room, and all common areas, including, but not by way
of limitation, the parking lot, spectator areas and bleachers.
(b) Use of Refreshment Stand: The Tenant agrees that
the refreshment s~and/r'es~ ro6m bu[ldin~ 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, ordinances, orders and regulations prescribed
by lawful authority having Jurisdiction over such facility operated
in the Leased Premises. If for any reason the Tenant is unable to
obtain, or once obtained is unable to continue to hold, the
applicable governmental licenses or permits allowing it to operate
the refreshment stand, or if the Tenant shall, for any reason,
cease operating the refreshment stand, then, the Landlord shall
have the right to retake possession of the refreshment stand/
restroom building and to undertake its operation or, to enter into
an agreement with a third party whereby such third party shall
operate the refreshment stand. Thereafter, the Tenant shall have
no further right or interest in the refreshment stand/restroom
building.
(c) Use as Recreational Facility: The Tenant agrees
that the Leased~remiseS Shall" ~e U~ed b~ ~h~e Tenant solely as a
recreational facility for its members and guests. The Tenant
agrees that the Leased Premises shall not be used for any other
purpose.
(d) Possession and Use of Alcohol: The Tenant shall not
permit the pos~ssiOn 'or ds~"' of alcohol On the Leased Premises.
7. Utilities: The Landlord shall be responsible for
electricit~, Water'"] sanitary and storm sewer. The Tenant shall be
responsible for Janitor service and any other utility or service
consumed in connection with the occupancy of the Leased Premises
by the Tenant.
8. Affirmative Covenants of Tenant:
and agrees~ha~ it will' wi~hodt demand:~ ·
The Tenant covenants
(a) Preparation of Fields: Assume responsibility for
and undertake a~y andall 'preparations and efforts required to be
performed on the Leased Premises in order that it may be used as
a playing field for the game of baseball, lncludin bu
of limitation, lining, dragging, and rakin- of
= ~& uux~, 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 commencement
of this Lease, furnish two sets of bases, including pitching
rubbers, and shall replace said items on a yearly basis, as needed,
when the necessity of such replacement is due to ordinary wear and
tear.
(b) Waste: Conduct its use of the Leased Premises in
such a manner as~ to be a nuisance, and shall not allow any
noxious odors 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's 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) ~ Keep the Leased Premises and all
improvements erected thereon 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. Tenant's obligation to clean shall include the duty to
collect and deposit all trash and garbage into the containers
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 items. The Tenant shall permit the Landlord's
duly authorized agents to enter upon the Leased Premises and the
buildings and improvements thereon erected at any reasonable time,
and from time to time, for the purpose of inspecting and appraising
the same. The Tenant shall comply with all reasonable orders,
regulations, rules and requirements 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
governmental authorities having power to enact, adopt, impose or
require the same, 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 this covenant.
In the event of the failure of the Tenant promptly to perform
the covenants of this Paragraph 8(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~be'~made to t'he 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
or arranging for the performance of any of its duties or exercising
any of its rights under Paragraph 8. Unless 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) Signs: The Tenant shall not erect or maintain any
sign or signs on th~ Leased Premises of a commercial or private
advertising nature.
(f) Security: Keep locked the announcers, stands and
the refreshment ~ta~d/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
install two (2) bat%lng practice cages, provided, however, that any
such cage or cages shall be installed 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 cages and shall at all times
keep such cages in good condition and repair.
(h) Compliance: Comply with any requirements of any of
the constituted Public'aU~horiti'-e~, and with the terms of any state
or federal statute or local ordinance or regulation applicable to
the Tenant or its use of the Leased Premises, and save the Landlord
harmless from penalties, fines, costs or damages resulting from
failure so to do.
(i) Fire: Use every reasonable precaution against fire.
(j) Rules and Regulations{ Comply with reasonable rules
and regulation~ o~ the gandiord promulgated as hereinafter
provided.
(k) Surrender of Leased Premises: Upon the expiration
or other termination of" this Lease, fo~ ahy reason whatsoever,
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 Premises, 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 the Landlord at its office all keys for the Leased
Premises.
(1) Notice of Casualty and Need for Repair: Give to the
Landlord prompf"written notice Of an~ aCciden~, ~ir®, or damage
occurring on or to the Leased Premises. Give to the Landlord
prompt written notice of any condition of the Leased Premises
requiring repair or maintenance which the Landlord has agreed to
take responsibility for under Paragraph 10.
(m) Vacation: If the Tenant shall vacate or decide at
any time during~he ~ease Term to vacate the Leased Premises prior
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 immediately 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. Negative Covenants of TeNant:. The Tenant covenants and
agrees that it Will dO"n~ne Of the following 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 othe~ purpose than as above set forth.
(b) Assignment, etc.: Assign this Lease or hypothecate
or mortgage the"same or ~ubie~ the 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 Improvements: Make any structural
alterations, impr6%e~ent's, o~ additions'~ t6 the Leased Premises,
except as provided herein. All structural alterations, additions
and improvements (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 this Lease, have given
written notice to the Tenant to remove the same in which'event the
Tenant will remove such alterations, improvements, and additions
and restore the Leased Premises to the same good order and
condition in which they 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.
(d) Machinery: Use or operate any machinery that, in
the Landlord.s opinion, ~s harmful to the Leased Premises or the
buildings of which the Leased Premises is a part.
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(e) Weights: Place any weights in any portion of the
Leased Premises'beyond'the safe carrying capacity of the structure.
(f) Vacation: Vacate or desert the Leased Premises
during the Le~e T~rm, or permit the same to be empty and
unoccupied without the permission of the Landlord.
(g) Recordation: Record this Lease. If the Tenant
violates this Covenant, %h~ Tenant hereby irrevocably authorizes,
empowers and designates 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 0r'secd'~lty 'interest to be created against or
attached to the Leased Premises or any building or fixture located
thereon.
10. Obligations of Landlord: The Landlord covenants and
agrees that it Will"Wi%h0u~'demand:
(a) Maintenance and Repair: Keep the Leased Premises
and all improvements erect~d"thereon ih good condition and repair,
including the exterior and interior structures, the roof, all
plumbing, heating and electrical systems, the field lighting, score
boards, fencing and backstops, "dugouts.. and announcers, 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'" 6ollect~d by the Tenant pursuant to its
obligation under Paragraph 8(c).
(c) ~atting Cages: The Landlord shall provide adequate
space on the Leased Premtse~ for the Tenant to install up to and
including two (2) batting practice cages as permitted under
Paragraph 8(g).
11. Landlord.s Rights: The Tenant covenants and agrees that
the Landlord sSall have t'h~ right to do the following things and
matters in and about the Leased Premises:
(a) ~spection: At all reasonable times by its duly
authorized agent to' go"u~on and inspect 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 from'August l"t~rough January 31 each year,
7
provided, however, that during this period the Tenant is relieved
of performing its obligations under Paragraph 8.
12. ResDo~sibilit¥ of Tenants The Landlord shall not in any
event be responsible, and ~he T~nt hereby specifically assumes
responsibility for any personal or bodily injury or death of any
persons (including employees of the Tenant and the Landlord) and
damage, destruction, or loss of use of any property, including the
Leased Premises (except as specifically provided otherwise herein)
occasioned by any event happening 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 the 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 otherwise of the Tenant, third persons,
or a~y 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'forthin Paragraph 6'(a) unless due to the negligence-of the
Landlbrd, '
its-'agents, servants or employees~.or natural
acts of God.
The Landlord shall promptly notify the Tenant of an~ claimed
asserted against the Landlord on account of any such injury or
claimed injury to persons or property and shall promptly deliver
to the Tenant the original or a true copy of any summons or other
process, pleading or notice issued in any suit or other proceeding
to assert or enforce any such claim. The Tenant shall have the
right to defend any such suit with attorneys of its own selection
and the Landlord shall have the right, if it sees fit, to
participate in such defense. It is further covenanted and agreed
by the parties hereto that in no case shall the Landlord be liable
under any expressed or implied covenant of this Lease for any
damages whatsoever to the Tenant accruing after any act or breach
of covenant for which damages may be sought to be recovered against
the Landlord.
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 thereof) 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.
Premises
Damage to Leased Premises: In the event
are damaged "'by' f~re or"-~her casualty not
the Leased
occurring
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 the
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 the
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 negotiate 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 the damage to the Leased Premises or the Landlord.s
repair efforts the Leased Premises are rendered untenantable, the
Lease Term shall be extended for a period of time equal to the
period of time the Leased Premises remain untenantable.
(e) The Landlord has let the Leased Premises in their
present condition and without any representations on the part of
the Landlord, its officers, employees, servants and/or agents. The
Tenant 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 Agreements and Conditio~:
(a) Non-Waiver: The failure of either party to insist
upon strict performance 'of 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 such covenants or conditions
of this Lease or option, but the same shall be and remain in full
force and effect.
(b) Accord and SatisfactiOn: No payment by the Tenant
or receipt by the ~ahdlo~d of ~ leSs~r amount than the rents herein
stipulated shall be deemed to be other than on account of the
9
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 payment without prejudice to the Landlord.s
right to recover the balance of such rent or pursue any other
remedy herein.
15. Remedies of Landlord: If the Tenant:
a) Does not pay in full when due any and all of the
rent and/o~ any other charge or payment herein reserved, included,
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) Vacates the Leased Premises or removes or attempts
to remove or manifests an intention to remove any 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 term;
Then and in any of said events, there shall 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 and remove all
persons and all or any property therefrom
su.m~.ary dispossession proceedin~s __ _ , ther by
lnst~l~ations of the Tenant. Upon
recovering possession o£ the Leased Premises by reason
of or b~sed upon or arising out of a default on the part
of the Tenant this Lease shall terminate.
(2) To terminate this 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 recover, any
and all sums due for rent, including additions to rents
and damages for violation of the Tenant's obligations
hereunder in existence at the time of such termination.
16. Right of Injunctive Relief: In the event of a brea
threatened~ br~ac~ 'by either.partv 'of a .... ~ ~._ .ch or
provisions hereof, th ........ ~ . .~ oL ~ne covenants or
u~ non-ureacnlng party shall have the right of
injunction and the right to invoke any remedy allowed at law or in
10
equity as if re-entry, summary proceedings and other remedies were
not herein provided for.
17. Rights Not Exclusive: No right or remedy herein
conferred upon or reserved"' 6o ~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. Right of Assignee of Landlord: The right to pursue the
remedies h~re~n'p~oVided a~ain~t the 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 interest in this Lease in its own name,
any statute, rule of court, custom, or practice to the contrary
notwithstanding.
19. Remedies Cumulative: Ail of the remedies hereinbefore
given to e~ther p~r~y ahd alI 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 premises.
20. Eminent Domain:
(a) If all or any part of the Leased Premises shall be
taken under a power of eminent domain, the compensation or proceeds
awarded for the taking of the land, the building(s) and/or
improvements on the Leased Premises shall belong 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 ~nd all damages 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 extent that it is impracticable for the Tenant to continue its
operations on the Leased Premises, and if facilities comparable to
the Leased Premises are then available, this Lease shall terminate
and the Tenant shall 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. Ident~ of Interest: The execution of this Lease or
the performance "' any ~dt 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 Landlord and a
Tenant.
22. Notices aqd. ReDorts: Any notice, report, statement,
approval, consent, ~deSlgnatl~h~ 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 delivered (or mailed by registered or certified mail
with postage prepaid) 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, however, 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. ~ondiscrimination: The Tenant for itself, its personal
representative~, successors in interest and assigns, as part of the
consideration hereof, 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 discrimination in the use of the Tenant.s
facilities; (ii) that in the construction of any improvements on,
over or under the Leased Premises and the furnishing 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 the Tenant from enforcing any of its rules 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 t6' ex~6ute this Lease and that it will warrant and
defend the leasehold interest created hereby against all parties
whomsoever and that the Tenant, upon observing and complying with
the terms, covenants and conditions of this Lease shall enjoy the
use and occupancy of the Leased Premises during the Lease Term.
25.ofHeadings No Part of Lease Any headings preceding the
text the~ Several paragraphs :and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Lease nor shall they affect its meaning,
construction or effect.
26. Severabllity: If a provision of this Lease Agreement is
held invalid, it is hereby 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 Ail Agreements: It is expressly understood
and agreed bY ahd b~tween the parties hereto that this Lease,
including the Exhibit, sets forth all the promises, agreements, and
conditions or understandings between 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 be binding upon the Landlord or the Tenant unless
reduced to writing and signed by them.
28. Heirs and Assignees: Ail rights and liabilities herein
given t6, or'i~Posed upon, the respective parties hereto 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 word "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 than one Tenant, 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 herein, shall be deemed to refer to the
"Landlord.. or the "Tenant" whether such Landlord or Tenant be
singular or plural and irrespective of gender. No rights, however,
shall inure to the benefit of any assignee of the Tenant unless the
assignment to such assignee has been approved by the Landlord in
writing as aforesaid.
29. Tenant Forbidden to Encumber Leased Premises: It is
expressly agreed a~d Un~'ersto~d 'between. the part,es h~eto that
nothing in this Lease Agreement shall ever be construed as
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empowering the Tenant to encumber or cause to be encumbered the
Leased Premises in any manner whatsoever. In the event that
regardless of this prohibition any person furnishing or claiming
to have 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
Leased 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 Existing Lease: The existing lease
agreemen~da~ed N6vember 2~, 1984, 'betWeen the parties hereto with
respect 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 January 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
constructed 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:
Kat~.~yn' M. O~ Halloran,
CMC/AAE
City Clerk
(SEAL)
CITY OF SEBASTIAN_~--~
Approv~as.to form
and ~ntent.
C~9~RLES iA~ NASH,
City Attorney
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Attest
(corporate seal)
President
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