HomeMy WebLinkAbout2002 Sebastian River Area Chamber of CommerceReturn to:
Rich Stringer, City Attorney
City of Sebastian
1225 Main Street
Sebastian, FL 32958
QUIT -CLAIM DEED
1719562
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 1984 PG :914, Pagel of 2
01/19/2006 at 08:18 AM,
D DOCTAX PD $0.70
JEFFREY K BARTON, CLERK OF
COURT
THIS QUIT -CLAIM DEED, executed this _d day of March, A.D., 2002, by
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non -profit Florida
corporation, first parry, to CITY OF SEBASTIAN, a Florida municipal corporation, whose post
office address is 1225 Main Street, Sebastian, FL 32958, second party:
(Wherever used herein the term "first party" and "second party" shall include singular and
plural, and the successors and assigns or corporations, wherever the context so admits or requires.)
WITNESSETH, that the said first parry, for and in consideration of the sum of $1.00 in
hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim
and demand which the said first party has in and to the following described lot, piece or parcel of
land, situate, lying and being in the county of Indian River, State of Florida, to -wit:
Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's
Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian
River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer,
dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet
right -of -way. Thence, on an interior angle of 90° perpendicular to the cord of U.S.
#1 East right -of -way run easterly 35.00 feet; Thence, on an interior angle of 90° and
parallel to the cord of U.S. #1 East right -of -way southerly 50.00 feet; Thence, on an
interior angle of 900 run Westerly 35.00 feet to the East right -of -way of U.S. #1;
Thence run 5 0. 00 feet northerly on the said right -of -way to the point of beginning.
s
The intended purpose of this deed being to reverse the conveyance in that certain document between
the parties dated February 14, 1978, recorded at O.R. Book 578, Page 2209, Public Records of
Indian River County, Florida.
4
r .
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit
and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presence of
1 n
Witness
fitness
STATE OF FLORIDA,
COUNTY OF INDIAN RIVER
SEBASTIAN RIVER AREA
CHAMBER OF COMMERCE, INC.,
a non -profit Florida corporation
Se retary
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgment, personally appeared
la)' � 19' Mb to me known to be the persons described
in and who executed the foregoing instrument and they acknowledged before me that they executed
the same.
WITNESS my hand and official seal in the County and State last aforesaid this Tay
of March, 2002.
Notary Public - State of Florida
My commission expires:
"' Os P ' Janet M. Simberlund
Commission # CC 916497
E gyres
o ? xP. April 17, 2404
Bon Tim
nn�� Atlantic Bonding Co., Inc.
6
copy EXHIBIT "A"
Return to: Or:S;ls 1�•k► �� rts�w� bow, kJu,, D� (1
Rich Stringer, City Attorney 0--j(- yr s. we- Pir- uw L,.& rsvWN.3
City of Sebastian Ovef" +
1225 Main Street
Sebastian, FL 32958
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this _ day of March, A.D., 2002, by
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non -profit Florida
corporation, first parry, to CITY OF SEBASTIAN, a Florida municipal corporation, whose post
office address is 1225 Main Street, Sebastian, FL 32958, second party:
(Wherever used herein the term "first parry" and "second party" shall include singular and
plural, and the successors and assigns or corporations, wherever the context so admits or requires.)
WITNESSETH, that the said first parry, for and in consideration of the sum of $1.00 in
hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim
and demand which the said first party has in and to the following described lot, piece or parcel of
land, situate, lying and being in the county of Indian River, State of Florida, to -wit:
Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's
Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian
River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer,
dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet
right -of -way. Thence, on an interior angle of 90° perpendicular to the cord of U.S.
#1 East right -of -way run easterly 35.00 feet; Thence, on an interior angle of 900 and
parallel to the cord of U.S. #1 East right -of -way southerly 50.00 feet; Thence, on an
interior angle of 90° run Westerly 35.00 feet to the East right -of -way of U.S. 41;
Thence run 50.00 feet northerly on the said right -of -way to the point of beginning.
The intended purpose of this deed being to reverse the conveyance in that certain document between
the parties dated February 14, 1978, recorded at O.R. Book 578, Page 2209, Public Records of
Indian River County, Florida.
4
a
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first parry, either in law or equity, to the only proper use, benefit
and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day
and year first above written.
Signed, sealed and delivered
in the presence of
h
Witness
/Witness
STATE OF FLORIDA,
COUNTY OF INDIAN RIVER
SEBASTIAN RIVER AREA
CHAMBER OF COMMERCE, INC.,
a non -profit Florida corporation
By:
Its:
Se retary
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgment, personally appeared
'l.� /1' ,6e4K— to me known to be the persons described
in and who executed the foregoing instrument and they acknowledged before me that they executed
the same.
WITNESS my hand and official seal in the County and State last aforesaid this ay
of March, 2002.
),/Z,Notalryy Public - State of Florida
My commission expires:
Janet M. Simberl
° -- Commission # CC 9 �
16497
Expires Appn} 17, 2004
�9af Fl`� Bonded Thru
nuns Atlantic Bonding Co., Inc.
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4�t^'�1�%`f�- �II- S•VL.. ��N4f +� �l! \PJ1ML.;.��•yNG�: Cl�ui�
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EWIBIT "B"
'T'WENT'Y -FINT YEAR LEASE
The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as
"Landlord ", hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a
non -profit Florida corporation, referred to as "Lessee ", those certain premises, referred to as "the
premises ", lying and being in the county of Indian River, State of Florida, to -wit:
Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's
Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian
River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer,
dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet
right -of -way. Thence, on an interior angle of 90° perpendicular to the cord of U.S.
#1 East right -of -way run easterly 35.00 feet; Thence, on an interior angle of 90° and
parallel to the cord of U.S. #1 East right -of -way southerly 50.00 feet; Thence, on an
interior angle of 90° run Westerly 35.00 feet to the East right -of -way of U.S. #1;
Thence run 5 0. 00 feet northerly on the said right -of -way to the point of beginning.
The parties agree to be legally bound as follows:
L TERM
The term of this lease shall commence at 12:01 A.M. on the 15th day of March, 2009, or
upon recording of a Memorandum of Lease pursuant to the Agreement of the parties if said
recording occurs earlier, and continue through March 15, 2027,
1_I_WRA11 1
Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the
amount of $1 per year payable on the 15th day of March each and every year commencing on March
15, 2009, or upon earlier activation of the Lease as set forth in Paragraph I above, at the Finance
Department office of Landlord or such other place or places as Landlord may from time to time
designate by written notice given to Lessee.
III. USE OF PREMISES
The premises shall be used exclusively by Lessee for purposes associated with the
traditional functions of a chamber of commerce, and for no other use or uses without the express
written consent of Landlord.
However, Lessee shall not commit or permit the commission of any acts on the premises,
nor use nor permit the use of the premises in any way that:
(a) violates or conflicts with any law, statute, ordinance, or governmental rule or
regulation, whether now in force or hereinafter enacted, governing the premises; or
(b) constitutes the commission of waste on the premises or the commission or
maintenance of a nuisance.
IV. ASSIGNMENT OR SUBLEASING
Lessee may not assign, or otherwise transfer this lease, or any right or interest in this lease
without the prior express written consent of Landlord.
V. SURRENDER OF PREMISES
On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly
surrender and deliver the premises to Landlord in as good condition as they are upon the date of
occupation by Lessee, reasonable wear and tear excepted.
VI. MAINTENANCE AND REPAIRS
Lessee admits, by entering into possession under this lease, that the premises are now in
good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease
and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and
every part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration
or sooner termination of this lease surrender the premises to Landlord in good condition and repair
reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the
provision of all utility and other services to the premises. Lessee hereby waives any right to make
repairs to the premises at the expense of Landlord as provided by any law or statute now or
hereafter enacted. In the event that a situation in the reasonable judgment of the Landlord requires
that immediate repairs be performed to any part of the Premises, Landlord may perform the same
with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for
expenses incurred thereby.
VII. INSPECTION BY LANDLORD
Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the
premises at all reasonable times for the purpose of inspecting the premises to determine whether
Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that
may be necessary to protect Landlord's interest in the premises under this lease.
VIII. PERSONAL PROPERTY TAXES
Lessee shall pay before they become delinquent all taxes, assessments, or other charges
levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other
personal property placed by Lessee 4 on, or about the premises including, without limiting the
generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall
safes, partitions, factures, machinery, plant equipment, office equipment, television or radio
antennas, or cormnunication equipment brought on the premises by Lessee.
IX. REAL PROPERTY TAXES
All real property taxes and assessments levied or assessed against the premises by any
governmental entity, including any special assessments imposed on or against the premises for the
construction or iunprovement of public works in, on, or about the premises, shall be paid, before
they become delinquent, by Lessee.
X. PROPERTY CASUALTY INSURANCE
The Tenant shall, at its sole cost and expense, procure and keep in effect such standard
policies of property casualty, fire and extended coverage insurance in an amount equivalent to
7
the appraised value of the improvements to the premises. Upon request, the Tenant shall provide
to the Landlord a certificate of such insurance with evidence of the payment of the premium
therefor. The Landlord shall have no obligation to keep the buildings and improvements on the
leased premises insured nor shall the Landlord have any obligation to insure any personal
property used in connection with the leased premises. Any policy or policies of insurance
required pursuant to this Lease shall be issued by one or more insurance companies authorized to
engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best
and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall
contain a clause preventing cancellation of any coverage before thirty (30) days written notice to
the Landlord and shall name the Landlord as an additional insured. Upon the request of the
Landlord, the Tenant shall provide copies of said policies to the Landlord.
In the event that the Tenant's use and occupancy of the premises causes any increase in
the premium for any property casualty or fire insurance maintained by Landlord on the Leased
Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase
within thirty days of notice of the same.
XI. DESTRUCTION OF PREMISES
In the event the building and /or other improvements erected on the premises are
destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or
obligation to make any expenditures toward the repair and /or replacement of the building and
other improvements on the leased premises. Tenant, at its option, shall either cause said building
and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable,
or shall elect not to repair the premises and terminate the lease.
(a) In the event the Tenant elects to repair or replace the improvements on the leased
premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on
account of such damage; provided, however, that all repaired or replaced improvements are
done so in a manner equal to or better than the improvement being repaired or replaced.
(b) In the event the Tenant, under its option, elects not to repair or replace the
improvements upon the leased premises, the Landlord shall be entitled to such portion of any
insurance proceeds equal to its good -faith estimate of the cost to remove all remaining portions
of the damaged or destroyed improvements and all rubble or debris resulting from said casualty.
Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements.
Any remaining proceeds shall be the sole property of Tenant.
XII. ALTERATIONS
Lessee shall not make or permit any other person to make alterations to the premises that
will expand the lot coverage of the Premises without the prior written consent of Landlord. Any
alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and
all alterations or improvements made to the premises shall on expiration or sooner termination of
this lease become the property of Landlord.
However, Lessee shall renovate the roof and fagade of the Premises to meet the
aesthetic requirements of the Riverfront District of the Land Development Code within six
months of the beginning of the term of this Lease.
8
XM. INDEMNITY
Lessee shall indemnify and hold Landlord and the property of Landlord, including the
premises, free and harmless from any and all liability, claims, loss, damages or expenses, including
counsel fees and costs, arising by reason of the death or injury of any person, including any person
who is an employee or agent of Lessee, or by reason of damage to or destruction of any property,
including property owned by Lessee or any person who is an employee or agent of Lessee, caused
by or connected with Lessee's occupation and use of the premises under this lease other than
intentional acts of Landlord or an employee or agent of Landlord.
XIV. LIABILITY INSURANCE
Lessee shall, at its own cost and expense, secure within 10 days and maintain during the
entire term of this lease and any renewals or extensions of such term a broad form comprehensive
coverage policy of public liability insurance issued by an insurance company acceptable to Landlord
and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and
use of the premises under this lease in amounts not less than:
(a) $200,000 for injury to or death of one person and, subject to such limitation for the
injury or death to one person, of not less than $1,000,000 for injury to or death of
two or more persons as a result of any one accident or incident; and
(b) $500,000 for damage to or destruction of any property of others;
or such higher amount as may be set as the liability limits under the waiver of sovereign immunity
provisions of law.
XV. UNREMOVED TRADE FIXTURES
Any trade fixtures that are not removed from the premises by Lessee 30 days after this
lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee
and shall automatically become the property of Landlord as owner of the real property to which they
are affixed.
XVL ACTS CONSTITUTING BREACHES BY LESSEE
Lessee shall be guilty of a material default and breach of this lease should:
(a) Lessee default in the performance of or breach any provision, covenant, or condition
of this lease and such default or breach is not cured within thirty days after written notice thereof is
given by Landlord to Lessee; or
(b) Lessee breach this lease and abandon the premises before expiration of the term of
this lease.
XVII. REMEDIES FOR DEFAULT
Should either party be guilty of a material default and breach of this lease as defined in this
lease, that party shall have available the remedies given by law or equity, and a non - defaulting parry
shall additionally be entitled to an award of court costs and attorney's fees against the defaulting
party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's
right to possession of the premises and recover and regain possession of the premises in the manner
provided by the laws of the State of Florida.
E
XVIEL WAIVER OF BREACH
The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall
not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the
same or another provision of this lease.
XIX. NOTICES
Any notice, report, statement, approval, consent designation, 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
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
Tenant: Sebastian River Area Chamber of Commerce, Inc.
700 Main Street
Sebastian, FL 32958
Attn: Executive Director
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change.
EXECUTED on this
ATTEST:
r
y A. o, CMC
City Clerk
day of March, 2002, at Sebastian, Florida.
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Rich Stringer, City �,tt rney
CITY OF SEBASTIAN
City Manager
CHAMBER OF COMMERCE, INC.,
a non -profit Florida corporation
By:
Its
6&"
10
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pppp��2}� la•r �iL'�/s�t j, Y2 �l/lA
COPY
JJ ENHIBIT "C"
FIFTY YEAR LEASE
The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this lease as
"Landlord ", hereby leases to SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a
non -profit Florida corporation, referred to as "Lessee ", those certain premises, referred to as "the
premises ", lying and being in the county of Indian River, State of Florida, to -wit:
Lot I and Lots 21 through 24, Block 1, Hardee's Subdivision No. `B" as
recorded in Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River)
Couno), Florida.
The parties agree to be legally bound as follows:
I. TERM
The term of this lease shall be for a period of fifty (50) years, commencing at 12:01 A.M. on
the day following recordation of a Memorandum of Lease pursuant to the Comprehensive Property
Settlement and Escrow Agreement between the parties.
IL RECONSTRUCTION OF Il"ROVEMENTS
Lessee may construct a new building and appurtenant improvements upon the premises in
accordance with plans to be approved by Landlord. Landlord reserves the right to maintain boat -
trailer or other public parking, and improve the same at its sole expense and discretion, along the
easternmost portion of the Premises utilizing shared access from Main Street. This reservation of
rights shall be deemed abandoned and terminated if discontinued by Landlord for a period of six
or more consecutive months.
Lessee must obtain a building permit within the one -year period immediately following
recordation of the Memorandum of Lease, and construction must be completed within a year
thereafter. The existing premises shall be demolished by Lessee no later than forty -five (45) days
after the Certificate of Occupancy for the new structure is issued. The City Council, on behalf of
Landlord, may grant reasonable extensions of the time parameters set forth within this Article
upon request by Lessee. Landlord shall undertake reasonable accommodations in executing
standard business documents required of a lender for construction upon a leased premises.
Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the
amount of $1 per year payable on the 15th day of March each and every year commencing on the
first March following recordation of the Memorandum of Lease, at the Finance Department office
of Landlord or such other place or places as Landlord may from time to time designate by written
notice given to Lessee.
11
e
IV. USE OF PREMISES
The premises shall be used exclusively by Lessee for purposes associated with the
traditional functions of a chamber of commerce, and for no other use or uses without the express
written consent of Landlord.
However, Lessee shall not commit or permit the commission of any acts on the premises nor
use nor permit the use of the premises in any way that:
(a) violates or conflicts with any law, statute, ordinance, or governmental rule or
regulation, whether now in force or hereinafter enacted, governing the premises; or
(c) constitutes the commission of waste on the premises or the commission or
maintenance of a nuisance.
V. ASSIGNMENT OR SUBLEASING
Lessee may not assign, or otherwise transfer this lease, or any right or interest in this lease
without the prior express written consent of Landlord. Notwithstanding Article IV, however, it is
agreed that without further consent of Landlord, Lessee may sublet a part of the Premises subject to
the following parameters:
(a) Lessee must actively occupy no less than 50% of the Premises during the first twenty years
of the Lease term, 75% of the Premises during the second twenty years of the Lease term,
and must fully occupy the Premises for the final ten years of the expanded lease term.
(b) Any additional occupation or subletting shall not run counter to public policy or generally-
accepted community standards, and shall not constitute a nuisance.
(c) Occupation of the Premises or any part thereof without payment of a reasonable market -
based rental amount must only be by another qualified non -profit entity.
(d) Revenues generated from subletting a part of the Premises must first be used towards
reduction of the outstanding balance on the construction mortgage for the Premises, if any.
VI. SURRENDER OF PREMISES
On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly
surrender and deliver the premises to Landlord in as good condition as they are upon the date of
occupation by Lessee, subject to the demolition and replacement provisions of Article R, reasonable
wear and tear excepted.
VII. MAINTENANCE AND REPAIRS
Lessee admits, by entering into possession under this lease, that the premises are now in
good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease
and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and
every part of the premises, in a good, clean, and safe condition, free of pests, and shall on expiration
or sooner termination of this lease surrender the premises to Landlord in good condition and repair
reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the
provision of all utility and other services to the premises. Lessee hereby waives any right to make
repairs to the premises at the expense of Landlord as provided by any law or statute now or
hereafter enacted. In the event that a situation in the reasonable judgment of the Landlord requires
that immediate repairs be performed to any part of the Premises, Landlord may perform the same
with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for
expenses incurred thereby.
12
t
VIII. INSPECTION BY LANDLORD
Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the
premises at all reasonable times for the purpose of inspecting the premises to determine whether
Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that
may be necessary to protect Landlord's interest in the premises under this lease.
IX. PERSONAL PROPERTY TAXES
Lessee shall pay before they become delinquent all taxes, assessments, or other charges
levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other
personal property placed by Lessee in, on, or about the premises including, without limiting the
generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall
safes, partitions, fixtures, machinery, plant equipment, office equipment, television or radio
antennas, or communication equipment brought on the premises by Lessee.
X. REAL PROPERTY TAXES
All real property taxes and assessments levied or assessed against the premises by any
governmental entity, including any special assessments imposed on or against the premises for the
construction or improvement of public works in, on, or about the premises, shall be paid, before
they become delinquent, by Lessee.
XI. PROPERTY CASUALTY INSURANCE
The Tenant shall, at its sole cost and expense, procure and keep in effect such standard
policies of property casualty, fire and extended coverage insurance in an amount equivalent to
the appraised value of the improvements to the premises. Upon request, the Tenant shall provide
to the Landlord a certificate of such insurance with evidence of the payment of the premium
therefor. The Landlord shall have no obligation to keep the buildings and improvements on the
leased premises insured nor shall the Landlord have any obligation to insure any personal
property used in connection with the leased premises. Any policy or policies of insurance
required pursuant to this Lease shall be issued by one or more insurance companies authorized to
engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best
and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall
contain a clause preventing cancellation of any coverage before thirty (30) days written notice to
the Landlord and shall name the Landlord as an additional insured. Upon the request of the
Landlord, the Tenant shall provide copies of said policies to the Landlord.
In the event that the Tenant's use and occupancy of the premises causes any increase in
the premium for any property casualty or fire insurance maintained by Landlord on the Leased
Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase
within thirty days of notice of the same.
XII. DESTRUCTION OF PRENQSES
In the event the building and /or other improvements erected on the premises are
destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or
obligation to make any expenditures toward the repair and /or replacement of the building and
other improvements on the leased premises. Tenant, at its option, shall either cause said building
and /or other improvements to be replaced or said damage to be repaired as rapidly as practicable,
or shall elect not to repair the premises and terminate the lease.
13
(a) In the event the Tenant elects to repair or replace the improvements on the leased
premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on
account of such damage; provided, however, that all repaired or replaced improvements are
done so in a manner equal to or better than the improvement being repaired or replaced.
(b) In the event the Tenant, under its option, elects not to repair or replace the
improvements upon the leased premises, the Landlord shall be entitled to such portion of any
insurance proceeds equal to its good -faith estimate of the cost to remove all remaining portions
of the damaged or destroyed improvements and all rubble or debris resulting from said casualty.
Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements.
Any remaining proceeds shall be the sole property of Tenant.
XM. ALTERATIONS
Except for replacement of the building as set forth in Article H, above, Lessee shall not
make or permit any other person to make alterations to the premises that will expand the lot
coverage of the Premises without the prior written consent of Landlord. Any alterations to the
premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or
improvements made to the premises shall on expiration or sooner termination of this lease become
the property of Landlord.
XIV. INDEMNM
Lessee shall indemnify and hold Landlord and the property of Landlord, including the
premises, free and harmless from any and all liability, claims, loss, damages or expenses, including
counsel fees and costs, arising by reason of the death or injury of any person, including any person
who is an employee or agent of Lessee, or by reason of damage to or destruction of any property,
including property owned by Lessee or any person who is an employee or agent of Lessee, caused
by or connected with Lessee's occupation and use of the premises under this lease other than
intentional acts of Landlord or an employee or agent of Landlord.
XV. LIABILITY INSURANCE
Lessee shall, at its own cost and expense, secure within 10 days and maintain during the
entire term of this lease and any renewals or extensions of such term a broad form comprehensive
coverage policy of public liability insurance issued by an insurance company acceptable to Landlord
and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and
use of the premises under this lease in amounts not less than:
(b) $200,000 for injury to or death of one person and, subject to such limitation for the
injury or death to one person, of not less than $1,000,000 for injury to or death of
two or more persons as a result of any one accident or incident; and
(b) $500,000 for damage to or destruction of any property of others;
or such higher amount as may be set as the liability limits under the waiver of sovereign immunity
provisions of law.
XVI. UNREMOVED TRADE FIXTURES
Any trade fixtures that are not removed from the premises by Lessee 30 days after this
lease's expiration or sooner termination, regardless of cause, shall be deemed abandoned by Lessee
and shall automatically become the property of Landlord as owner of the real property to which they
are affixed.
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XVII. ACTS CONSTITUTING BREACHES BY LESSEE
Lessee shall be guilty of a material default and breach of this lease should:
(a) Lessee default in the performance of or breach any provision, covenant, or condition
of this lease and such default or breach is not cured within thirty days after written notice thereof is
given by Landlord to Lessee; or
(b) Lessee breach this lease and abandon the premises before expiration of the term of
this lease.
XVHL REMEDIES FOR DEFAULT
Should either party be guilty of a material default and breach of this lease as defined in this
lease, that parry shall have available the remedies given by law or equity, and a non - defaulting party
shall additionally be entitled to an award of court costs and attorney's fees against the defaulting
party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's
right to possession of the premises and recover and regain possession of the premises in the manner
provided by the laws of the State of Florida.
XIX. WAIVER OF BREACH
The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall
not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the
same or another provision of this lease.
XX. NOTICES
Any notice, report, statement, approval, consent designation, 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
1225 Main Street
Sebastian, FL 32958
Attn: City Manager
Tenant: Sebastian River Area Chamber of Commerce, Inc.
700 Main Street
Sebastian, FL 32958
Attn: Executive Director
provided, however, that either party may designate a different representative or address from
time to time by giving to the other party notice in writing of the change.
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EXECUTED on this ;0 day of March, 2002, at Sebastian, Florida.
ATTEST: TY OF SEBASTIAN
A nicip orporation
Sally A. M 'o, CMC Terr�nc . Moore, City Manager
City Cler7
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
T'4 f
Rich Stringer, City! ttorney COPY
SEBASTIAN RIVER AREA
CHAMBER OF COMMERCE, INC.,
a non -profit Florida corporation
By:
Its
(Seal)
f
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