HomeMy WebLinkAbout2013 LeaseLEASE BETWEEN THE CITY OF SEBASTIAN AND
FISHERMAN'S LANDING SEBASTIAN, INC.
A LEASE made this 10th day of April, 2013, between the CITY OF SEBASTIAN,
FLORIDA, a municipal corporation, having its principal office at 1225 Main
Street, Sebastian, Florida 32958 hereinafter referred to as the "LESSOR" and
FISHERMAN'S LANDING SEBASTIAN, INC., a non - profit corporation organized
and existing under the laws of the State of Florida whose address is PO Box
782038, Sebastian, Florida 32978 -2038 hereinafter referred to as the
"LESSEE." This document contains thirteen (13) pages.
WITNESSETH:
WHEREAS, the Sebastian City Council is authorized to lease real
property owned by the City to not - for - profit organizations formed for the purpose
of promoting community interest and welfare; and,
WHEREAS, LESSEE is a Florida not - for - profit organization formed for the
purpose of promoting community interest and welfare, which includes the
revitalization of Sebastian's Working Waterfront, and whose Members are
commercial fishermen (a copy of LESSEE'S corporate documentation is
attached as Exhibit "A "); and,
WHEREAS, LESSOR owns real Property, hereinafter described below,
which is upland to the Submerged Land Lease #310006484; and,
WHEREAS, LESSOR has acquired the Property with partial funding from
the Florida Communities Trust (FCT), and the Property is subject to certain
limitations provided in the FCT Declaration of Restrictive Covenants (as recorded
in OR Book 2431, Page 1268 in Indian River County, Florida) ( "Declaration "), the
terms of the Declaration are hereby incorporated by reference; and,
WHEREAS, as part and condition of the FCT funding, the LESSOR
provided and FCT approved, a Working Waterfront Collaborative Management
Plan ( "Management Plan ") for the Property, the terms of the Management Plan
are hereby incorporated herein by reference and attached hereto as Exhibit "B ".
Activities on the Property must adhere to the terms and conditions contained in
the Management Plan; and,
WHEREAS, FCT shall approve and review all leases, subleases,
easements or other similar documents that affect the Property funded by FCT
before the documents are executed by any and all parties. FCT's approval shall
not be unreasonably withheld. Execution of documents without FCT's prior
review and written approval may be deemed null and void; and,
WHEREAS, FCT shall be notified at the Department of Environmental
Protection, Florida Communities Trust, 3900 Commonwealth Boulevard,
MS #115, Tallahassee, Florida 32399; and,
WHEREAS, the Declaration's restrictions on the FCT funded Property are
superior to any other restrictions placed upon the Property; and,
WHEREAS, LESSOR intends that the conservation and recreation values
of the Property be preserved and enhanced in accordance with the Management
Plan, as it may be amended from time to time only after review and approval by
FCT; and,
WHEREAS, LESSEE has applied to LESSOR for a lease of the upland
real estate and use of the submerged lands, collectively referred to as the
"Leased Premises," for the purpose of commercial fishing docks, off - loading
facility, and weigh station for use by the Members of the LESSEE and visitation
by the general public in designated areas in accordance with the Management
Plan; and,
WHEREAS, LESSOR has determined that the revitalization and
preservation of the Sebastian Working Waterfront promotes community interest
and welfare; and,
WHEREAS, LESSOR has found that the facilities to be leased to LESSEE
are required for the proposed use and LESSEE agrees to maintain the same and
make certain improvements; and,
WHEREAS, LESSOR desires to lease such Property to LESSEE for the
purpose described herein.
NOW THEREFORE, in consideration of the foregoing and in further
consideration of the mutual covenants contained herein the parties agree as
follows:
1. ALL OTHER AGREEMENTS AND LEASES. Upon the final execution of this
document, LESSOR and LESSEE agree that the lease executed between the
parties on July 28, 2010 and amended on January 5, 2011 is hereby terminated
and shall have no further force and effect. LESSOR shall assume LESSEE'S
interest in that certain sublease dated June 7, 2011 between the LESSEE and
Indian River Seafood, Inc. Nothing herein prohibits the LESSOR and Indian
River Seafood, Inc. from renegotiating any lease terms, except that LESSOR
acknowledges and will apply remaining rent credits paid to LESSEE under the
Memorandum of Understanding dated June 15, 2011 (Exhibit "C ") between the
LESSEE and Indian River Seafood, Inc.
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2. LEASED PREMISES. LESSOR hereby leases unto LESSEE the following
premises:
A. Uplands property and submerged land lease property located at 1532
Indian River Drive, legally described in Exhibit "D attached hereto and
incorporated herein. A location map, depicting both parcels, is attached
hereto as Exhibit "E ".
B. All the parking spaces located in the southern one -third (1/3) of the
parking lot located on the west side of Indian River Drive, being a part of
Lot 3, Block 2 of Middleton's Subdivision of the City of Sebastian as per
Plat Book 2 Page 56 . Parking spaces are shown on Exhibit "F ".
C. Restroom Facilities: LESSEE shall have a non - exclusive right of use and
access to the restrooms at 1540 Indian River Drive during operating hours
of the 1540 Indian River Drive facility. The aforementioned restroom
access shall satisfy City of Sebastian's restroom code requirements for
the operation and development of the facilities at 1532 Indian River Drive.
3. PURPOSE. The LESSEE shall use the Leased Premises solely and
exclusively for providing its members a commercial fishing dock, an off - loading
fish packing facility, aquaculture, fundraising, special events and other uses that
may support the commercial fishing industry as described herein in accordance
with the Management Plan.
3A. SPECIAL EVENTS, Two (2) Special Events per year may be conducted
by the LESSEE at the leased premises. It is understood that, LESSEE shall
have the right to utilize the exterior areas of the premises at 1540 Indian River
Drive at no additional cost in conducting said Special Events. All Special
Event net revenue will be used to further the mission of LESSEE. At such
events, the playing of live music, such as live bands, DJ's or karaoke, is
permitted. A "Special Event" shall be defined as a regular yearly, or bi- annual,
scheduled activity. Each Special Event is expected to have an attendance
exceeding 300 people, excluding staffing personnel on a single day. Special
Events may be conducted over a three (3) day period from 9AM through 7PM.
Special Events may not conflict with the major events sponsored by the
LESSOR which include: the Sebastian Clambake; the 4th of July Celebration;
the Fine Arts & Music Festival; and the Pelican Island Wildlife Festival.
Execution of this Lease constitutes issuance of the City required Temporary
Use Permit for any Special Event, with no fee required, for the term of the
Lease. The LESSEE agrees that Special Event(s) shall comport with the
Temporary Use Permit requirements of other City Festival's as outlined in a
special accommodation plan. Any special accommodation plan shall address
issues such as requirements for additional restroom facilities, traffic control,
parking, beer and wine consumption only, and special duty police service.
Costs for any such accommodation shall be made at the sole expense of the
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LESSEE. If any FLS Special Event is held on the Leased Premises where
alcohol is consumed, it is understood that LESSEE shall obtain, at its
expense, appropriate Liquor Consumption Liability Insurance that shall cover
the duration of the event.
3B. Upon request by either party, within ten days after a special event, the
parties shall meet to discuss better coordination for, and to address any
public safety concerns about, future events.
3C. LESSEE /FLS agrees to provide adequate public liability insurance for
any event held on the Leased Premises. In addition, FLS shall provide
adequate public liability insurance coverage in the event that the property at
1540 Indian River Drive is used as an ancillary venue, in whole or in part, of
any FLS Special Event. LESSEE hereby waives all claims and agrees to
hold forever harmless LESSOR from any and all claims, lawsuits, judgments,
or similar causes of action, for any /all injuries and /or claims to persons or
property arising out of Special Event activities conducted by LESSEE on the
Leased Premises, or on the premises at 1540 Indian River Drive, if that facility
is utilized in conjunction with a FLS Special Event. LESSEE shall indemnify
LESSOR against any /all claims, liabilities, loss or damage as a result of
Special Event activities. LESSEE agrees to defend LESSOR against any /all
claims, at LESSEE'S sole cost and expense.
4. SUBMERGED LANDS LEASE. The parties acknowledge the existence of a
Sovereign Submerged Lands Lease #310006484 (see Exhibits "D" & "E "). The
parties further understand that this lease may be amended and modified from
time to time. LESSOR shall be responsible to acquire, keep and maintain, from
the appropriate governmental agency a lease which permits the operations of a
working waterfront as enumerated herein. LESSOR shall pay all annual and
renewal fees associated with the Submerged Lands Lease.
LESSEE acknowledges the restrictions, requirements and regulations contained
in the Submerged Lands Lease #310006484 and agree to use the Leased
Premises in accordance with such lease provisions and directives. Any default,
breach or noncompliance issues shall be the sole responsibility of the LESSEE.
5. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial
term of TEN (10) years. If the LESSEE is in full compliance with its obligations
and responsibilities hereunder, then the lease term. shall be automatically
extended for an additional TEN (10) years on the same terms and conditions as
provided for herein as long as the LESSEE gives written notice to that effect
within ninety (90) days prior to expiration of the initial term.
6. RENT. In recognition of LESSEE'S capital investment at 1540 Indian River
Drive, LESSEE shall pay rent of $1 per month for the term of the lease.
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7. POTENTIAL REVENUE. It is anticipated that the Leased Premises may
generate revenue via the rental of commercial boat slips, and the wholesale
commerce of aquaculture and fish products. LESSEE shall establish, impose
control, and collect all such revenues. LESSEE shall use such revenues in order
to finance capital improvements, fund - raising activities including those set forth in
paragraph 3A, pay general working waterfront operation expenses, and to
advance the LESSEE'S mission as enumerated in its By -Laws and Articles of
Incorporation (Exhibit "A "). It is understood that any revenue generated from
FLS operations to include boat slip rental, fish wholesales, aquaculture
commerce, or any /all operations in furtherance of the working waterfront mission,
shall be at fair market value as determined by local industry standards.
LESSEE shall give LESSOR no less than fifteen (15) calendar days prior written
notice of any proposed revenue source to be generated on the Leased Premises
that is not expressly addressed in this lease. If LESSOR objects to the proposal
and the parties cannot resolve the issue, the matter shall be submitted in writing
to FCT and, if FCT determines that the revenue source violates the grant
covenants, LESSEE shall not conduct such activity.
Collection of any general visitor admission fee shall be prohibited without the
written consent of the LESSOR.
8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as
is." The following improvements schedule is adopted:
A. LESSOR, at its sole cost and expense, shall design, permit and construct
an, approximately, 1,500 square foot, single story fish house, including
adequate electrical and potable water service, along with any
improvements and specifications required by any governmental authority
having regulatory or review approval jurisdiction, in the footprint of the
existing above water structure. LESSEE shall appoint one representative
to provide LESSOR with fish house design consultation on a no fee basis.
The fish house shall serve as the primary weighing and fish processing
station. The fish house will be open to the general public to view and
receive education about the commercial fishing industry in Sebastian,
Florida. Upon execution of this Agreement, LESSOR will appropriate
funds for construction and make a good faith effort to complete
construction within TWO (2) years after final consent of all necessary
plans, permits, and approvals by all regulatory agencies. LESSOR shall
make a good faith effort to pursue appropriate planning, permitting, and
any /all regulatory approval in a timely manner. LESSOR shall make a
good faith effort to seek supporting grant funding for the project as
expeditiously as possible.
B. LESSOR, at its sole cost and expense, shall design, permit and construct
a boardwalk as depicted on Exhibit "G ".
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C. LESSOR, at its expense, shall remove the existing raceways in
conjunction with the construction of the "Fish House." If LESSEE
determines that the removal of the existing raceways interferes with
aquaculture operations, LESSOR shall construct an amount of upwellers
at the site equal in value to the removed raceways. In no case, shall any
aquacultural operations or equipment block the view of the Fish House.
D. LESSEE, at its sole cost and expense, shall install and maintain docks
and boat slips as may be determined by the LESSEE as necessary for the
operation of the working waterfront.
At the end of the term of this Lease, LESSEE shall deliver the Leased Premises
to LESSOR in good repair and condition, reasonable wear and tear excepted.
With the exception of privately owned or leased equipment, all installations,
fixtures, alterations, additions and /or improvements, on the Leased Premises,
shall become the property of LESSOR and, on termination of the Lease, shall be
surrendered with the Leased Premises in good condition.
9. OPERATIONAL ADHERENCE. In addition to the duties, and obligations,
provided in this Lease Agreement, LESSEE shall comply with all requirements of
the Stan Mayfield Working Waterfront Grant Contract (Exhibit "H ") and The City
of Sebastian Working Waterfront Collaborative Management Plan (Exhibit "B ").
The Declaration of Restrictive Covenants (Exhibit "I "), issued by FCT, are
superior to any other restrictions placed upon the Property.
Other than provisions specifically superseded by FCT and this Lease Agreement,
LESSOR shall not interfere with the operations of the LESSEE.
10. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS.
A. LESSEE agrees that all portions of the Leased Premises shall be kept in
good repair and condition by LESSEE. LESSEE shall maintain and make
all necessary repairs and alterations with respect to the Leased Premises
to keep the Leased Premises in good condition. LESSEE'S sole right of
recovery shall be against it's insurers for losses, or damage, to stock,
furniture and fixtures, equipment, improvements, and betterment.
LESSEE agrees to make or contract for emergency repairs and provide
protective measures necessary to protect the Leased Premises from
damage and to prevent injury to persons or loss of life. LESSEE agrees
to use its best efforts to insure that the Property is maintained in an
attractive condition and in a good state of repair. LESSEE shall also keep
the Leased Premises free of trash and debris.
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B. The interior and exterior of the Leased Premises shall be kept clean. It
shall be LESSEE'S responsibility to provide and pay for landscaping and
exterior maintenance.
C. LESSEE shall be permitted non - exclusive right to use dumpster service,
without a fee, on LESSOR'S adjoining Property for non - perishable
products, as long as such services are in existence.
D. LESSEE shall be entitled to reasonable use of existing electrical and
water service without additional charge in those parking areas dedicated
to LESSEE'S use on the west side of Indian River Drive.
11. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY.
A. LESSOR shall procure and maintain, during the term of this Lease, public
liability all risk insurance adequate to protect the LESSOR against liability
for any and all damage claims that. may arise due to the activities of the
LESSEE in amounts that are determined by the LESSOR. In no fashion
shall LESSOR be liable for any claims arising between LESSEE and its
agents resulting in damage to the City -owned facilities due to negligence
of LESSEE less normal wear and tear.
B. LESSOR shall procure and maintain, during the term of this Lease, fire
and other casualty and property insurance, including wind damage
coverage in amounts as reasonably determined by the LESSOR.
C. In the event LESSEE has paid employees, LESSEE agrees to procure
and maintain, during the term of this Lease, applicable worker's
compensation insurance for all its employees employed in connection with
the business operated under this Lease. Such insurance shall fully
comply with the Workers' Compensation Law, Chapter 440, Florida
Statutes. The workers' compensation insurance policy required by this
Lease shall also include Employers Liability. LESSEE shall provide proof
of workers' compensation insurance as required by law, if applicable.
D. LESSEE shall require its members, agents, assigns, or business invitees
upon the Leased Premises, acting in furtherance of the working waterfront
operation, to execute, in a form acceptable to LESSOR, a waiver and
release of LESSOR from any /all claim arising from the operation of the
working waterfront core mission. LESSEE shall maintain such releases on
file and, upon request, shall provide copies to LESSOR. For purposes
hereof, tourist and educational activities shall not be considered working
waterfront activities.
E. LESSEE hereby waives all claims and agrees to hold forever harmless
LESSOR from any and all claims, lawsuits, judgments, or similar causes
of action, for any /all injuries and /or claims to persons or property arising
out of the working waterfront activities conducted by LESSEE on the
Leased Premises. LESSEE shall indemnify LESSOR against any /all
claims, liabilities, loss or damage as a result of working waterfront
activities on the Leased Premises. LESSEE agrees to defend LESSOR
against any /all claims, at LESSEE'S sole cost and expense.
12. TAXES. LESSEE will be required to pay all taxes or other levies or
assessments lawfully levied against the subject Property during the term of the
Lease, if any.
13. LESSEE'S RESPONSIBILITIES.
A. LESSEE agrees and covenants that it will not substantially amend or
otherwise change its articles of incorporation, bylaws or rules and
regulations without the prior notification to LESSOR. Copies of
LESSEE'S articles of incorporation, bylaws and rules and regulations are
attached hereto and incorporated herein as Exhibit "A ". LESSEE shall
ensure that its members are required to annually meet the membership
criteria set forth in its rules and regulations. LESSEE agrees annually to
certify to LESSOR, on or before August 15th of each year, those Members
who continue to qualify for corporate membership as well as those
Members who shall be no longer qualified as Members.
B. LESSEE, it's Members, Officers, employees and invitees, when on the
premises, agree to follow and abide by all local, state and federal laws,
ordinances and regulations and to follow and abide by the rules and
regulations of the City of Sebastian, Community Redevelopment Agency,
and the State of Florida as may be amended from time to time.
C. LESSEE agrees to keep books, accounts and records that reflect all
revenues and expenditures received in connection with the management
and operation of the Property as set forth in paragraph 7. The books,
accounts and records shall be maintained in accordance with generally
accepted accounting principles and located at LESSEE'S principal place
of business. LESSEE shall make the books, accounts and records
required to be maintained hereunder available to the LESSOR for
examination or audit during normal business hours, upon five (5) days
written notice. In addition, LESSEE shall provide LESSOR with a copy of
its annual audit and other financial statement(s) relating to LESSEE'S
occupancy and use of the Leased Premises by September 30th of each
year.
14. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable
notice, may make periodic inspections of the Leased Premises to determine
whether LESSEE is operating in compliance with the terms and conditions of this
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Lease. The LESSEE shall be required to make any and all changes required by
the LESSOR, which are necessary to ensure compliance with the terms and
conditions of this Lease and /or any applicable law(s) or regulation(s).
15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall
not assign this Lease and, except as specifically authorized herein, shall not
sublet the Leased Premises to any other party without the prior express written
approval of LESSOR. This covenant shall be binding on the successors in
interest of LESSEE, if any.
LESSEE shall be permitted to sublease dock slips and upland areas for clam
raceways to licensed commercial fisherman. Preference for slips and upland
rental shall be given to Sebastian commercial fisherman. LESSEE shall keep
written records of all subleases as well as the names, license, commercial
qualifications, dates of sublease, and rents.
LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part,
or the leasehold estate granted under this Lease. Any attempted mortgage,
pledge, or encumbrance of this Lease, or the leasehold estate granted under this
Lease, shall be void and may, at the sole option of the LESSOR, be deemed an
event of default under this Lease. This covenant shall be binding on the
successors in interest of LESSEE, if any.
LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for
payment or surety for any contract debt, obligation, judgment, lien or any form of
indebtedness. LESSEE warrants and represents that it has no obligation or
indebtedness, which would impair its ability to fulfill the terms of this Lease.
16. MISCELLANEOUS CONDITIONS.
A. LESSEE agrees all Members and persons engaged in commercial fishing
and related activities on the Leased Premises shall be at all times subject
to the LESSEE'S sole direction, supervision and control and shall not be
considered employees, agents or servants of the LESSOR.
B. LESSEE agrees that it shall at all times prohibit recreational vessels at the
Leased Premises. LESSEE agrees that none of the vessels docked at the
Leased Premises will be used as a live aboard vessel for more than a
forty-eight (48) hour period.
C. LESSEE agrees to park its vehicles in places specifically designated by
this lease and further agrees that no parking will occur in landscaped
areas or blocking any sidewalk or street. LESSEE shall prohibit
commercial truck parking on the Leased Premises for any duration other
than what is reasonable for loading or unloading purposes. LESSEE shall
prohibit boat trailer parking on the Leased Premises for any duration other
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than what is reasonable for loading or unloading purposes. The parties
recognize that the ongoing redevelopment efforts within the Sebastian
CRA may result in changes in parking as well as the configuration of
vehicle parking on or adjacent to the Leased Premises. LESSEE agrees
to cooperate and coordinate with LESSOR in connection with parking
projects and /or reconfiguration.
D. LESSEE shall have the right to tow vehicles, in accordance with Florida
Statutes, from parking areas dedicated to them by this Agreement, if they
solely determine that such parking interferes with operations at the
working waterfront. Government vehicles parked in the subject area, in
support of a governmental function, are exempt, and shall not be towed.
E. LESSEE agrees to prohibit unauthorized persons on the Leased Premises
and to prohibit trespassing on the Leased Premises by use of appropriate
signage. LESSOR agrees to provide said signage at its expense.
F. LESSEE agrees to develop a fuel /hazardous substance containment plan
within sixty (60) days of the date of this Lease.
G. LESSEE for itself, and its permitted successors in interest, as a part of the
consideration for this Lease, does hereby covenant and agree that:
(1) No person shall be subject to discrimination in connection with
LESSEE'S use of the Leased Premises on the basis of age, sex,
physical handicap or other disability, race, color, national origin,
religion or ancestry; and,
(2) LESSEE shall not discriminate against any employee or applicant
for employment in connection with the Leased Premises and the
leasehold estate granted hereunder with respect to hiring, tenure,
terms, conditions, or privileges of employment or any matter directly
or indirectly related to employment on the basis of age, sex,
physical handicap or other disability, race, color, religion, national
origin or ancestry; and,
(3) LESSEE agrees that its facilities and programs shall, at all times,
comply with the Americans with Disabilities Act (ADA), if applicable.
LESSOR and LESSEE recognize that the commercial fishing docks
are not a public accommodation, however, LESSEE shall cause the
Leased Premises to at all times comply with all applicable ADA
requirements that may be in effect from time to time.
H. LESSEE shall furnish LESSOR with a list of its Officers and Board of
Directors and notify LESSOR of the names of any new Officers and Board
of Directors at the time of their election. LESSEE shall furnish LESSOR
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with the names and addresses of LESSEE'S Officers and employees who
have the authority to pay LESSEE'S bills.
LESSEE shall assist the LESSOR in providing information and
documentation, in a timely manner, as it relates to providing the Florida
Communities Trust (FCT) with an annual report.
17. TERMINATION.
A. The LESSOR may have the right to terminate this Lease upon the
occurrence of any of the following, hereinafter referred to as "Event of
Default."
(1) Institution of proceedings in voluntary bankruptcy by the LESSEE.
(2) Institution of proceedings in involuntary bankruptcy against the
LESSEE if such proceedings continue for a period of ninety (90)
days and are not dismissed.
(3) Assignment of this Lease for the benefit of creditors.
(4) Abandonment by LESSEE of the Leased Premises or discontinue
of operation of the Leased Premises to the permitted uses for more
than sixty (60) calendar days.
(5) Dissolution, whether voluntary or involuntary, of LESSEE'S not -for-
profit corporation.
(6) Default, non - performance or other noncompliance with any
covenant, requirement or other provision of any nature whatsoever
under this Lease.
B. Upon the occurrence of an Event of Default, the LESSOR shall send a
written notice to LESSEE, setting forth the Event of Default in specific
detail and the date this Lease shall terminate in the event LESSEE does
not cure the default to the reasonable satisfaction of the LESSOR. In no
case shall the lease terminate less than thirty (30) calendar days from
LESSEE'S receipt of any Default Notice.
C. In the event LESSEE fails to cure the Event of Default within the time
established by LESSOR this Lease shall be deemed to be terminated with
no further action by the LESSOR. In no event, however, shall such
termination relieve LESSEE of its obligation to pay any and all remaining
rent due and owing to the LESSOR for the period up to and including the
date of termination, or to provide any and all remaining reports to the
LESSOR for such period.
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D. LESSEE shall have the right, upon providing thirty (30) days prior written
notice to the LESSOR in the manner set forth in this Lease, to terminate
this Lease at any time for any reason.
18. INTEGRATION. The drafting, execution and delivery of this Lease by the
parties has been induced by no representations, statements, warranties or
agreements other than those expressed in it. This Lease contains the entire
agreement between the parties and there are no further or other agreements or
understandings written or oral in effect between the parties relating to its subject
matter. This Lease cannot be changed or modified except by written instrument
executed by all parties hereto. This Lease and the terms and conditions hereto
apply to and are binding upon the legal representatives, successors and assigns
of both parties.
19. SEVERABILITY. If any term of this Lease or the application thereof to any
person or circumstances shall be determined by a court of competent jurisdiction
to be invalid or unenforceable, the remainder of this Lease, or the application of
such term to persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each term of this Lease shall
be valid and enforceable to the fullest extent permitted by law.
20. NOTICES. All notices required under this Lease shall be sent by certified
mails as follows:
LESSOR: City of Sebastian
1225 Main Street
Sebastian, Florida 32958 -4165
ATTN: City Manager
A Copy shall be provided to the Sebastian City Attorney's Office.
LESSEE: Fisherman's Landing Sebastian, Inc.
Post Office Box 782038
Sebastian, FL 32978 -2038
21. GOVERNING LAWNENUE. This Lease shall be governed and construed
in accordance with Florida law. In the event that litigation arises involving the
parties to this Agreement, venue for such litigation shall be in Indian River
County, Florida.
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IN WITNESS WHEREOF, the Parties have executed this Lease on the
date set forth above.
ATTEST:
Sally Maio MC
City Cler
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Print Name
REVIEWED AND APPROVED FOR
FLORIDA COMMUNITIES TRUST BY:
Florida m uniti Tru t
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Print Name - Title
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LESSOR
City of Sebastian, Florida
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Bob McPartlan
Mayor
APPROVED AS
CORRECTNESS
Robert A. Ginsburg
City Attorney
TO FORM AND
LESSEE
Fisherman's Landing Sebastian, Inc.
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Tim Adams, President
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