Loading...
HomeMy WebLinkAboutApplication for Zoning Compliance - Use PermitPLANNING AND DEVELOPMENT SERVICES 2300 Virginia Ave Fort Pierce, FL 34982 Phone: 772-462-2822 — Fag: 772-462-1581 APPLICATION FOR ZONING COMPLIANCE (Not Home Office Use) Permit #:�� �(��17 Date of Application: �h21 Name of Business: lW/ I' _ . k WA/ Are you relocating your business? / ► V Number of Employees: Number of Parking Spaces: Name & Type of Previous Business at this Location: APPLI ANT/ AGENT INFORMATION Name of Applicant Address: w State: Zip: Phone Number. Email Address: /)1Ano 1) i�� f�- ii .A-4 . tr Jrv1 If beer, wine or alcohol is being served at this location a copy of your liquor license issued by the Division of Alcoholic Beverages and Tobacco will be required prior to approving this zoning compliance. I understand it is my responsibility to contact the Fire Department prior to the issuance of the Zoning Compliance. I further and stand that a site inspection may be required to ensure compliance with applicable land developmebt, building safety, andproperty maintenance regulations. k Date: /2 -- OFFICE USE ONLY: f POD Initials Required ( Yes o/I Comments Zoning Parking nv Land Use Landscaping 0_ SIC Code Building Permit for Change of Occupancy j Targeted Industry Conditional Use Permit Adult Care Services Provided (Home) New Business dapanding Business ❑ - Please Check On New Building ❑ or Improvements to an Existing Building Please Check One Revised: 5/11/2016 11:59:24 AM J �j AGENT OF RECORD DESIGNATION Signatures must be notarized I (We), appoint hereby designate and , as my (our) Agent of Record for the purpose of representing my (our) interests in the change of use process. My (Our) Agent of Record is hereby vested with the authority to make any representations, agreements, or promises as well as reject or accept any conditions imposed in conjunction with this matter. Dated this day of ,20 - icarr}' Ownef Information Agent's Information bY',ignatur Agents Signature Prirtit�IV m n �� d- „ Print Name gm� A dress Address qh6de Nu er Email / Phone Number STATE OF ) COUNTY OF ) Email The forgoing instrument was acknowledged before me this day of , 20 By Who is personally known to me or who has produced as identification. Signature of Notary (Stamp Seal Below) Commission Number Date Commissioner Expires: THE SUNSHINE KITCHEN FOOD BUSINESS INCUBATOR FACILITY USE AGREEMENT THIS AGREEMENT, made this day of Ata ({ 2021, between ST. i LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter known as "County" or "Lessor", and Amy Roach dba Amy's Cakes and Catering, or its successors, executors, administrators, and assigns, hereinafter known as "Lessee". IN CONSIDERATION of the mutual benefits received by each party, the parties mutually agree as follows: 1. Premises &Terms County hereby leases to Lessee, the space known as Kitchen Space identified in Exhibit "A" (Venue Sketch), at the Sunshine Kitchen Food Business Incubator, hereinafter known as the "Premises", located at 7550 Pruitt Research Road, Fort Pierce, Florida. The 'TCERDA Coordinator" for the County is Regina McCants at (772) 467-3107 and shall hereinafter be referred to as the "TCERDA Coordinator". The TCERDA Coordinator shall serve as the Lessor's onsite representative and point of contact for purposes of this Agreement. This contract is effective on PWA 11 (." oz-) and will continue for six (6) months. This contract shall be renewed upon agreement of both parties. . 2. Use A. Lessee shall use the Premises only for the use stated in Exhibit "A" attached and shall not use or permitthe Premises to be used for any other purpose. Lessee shall obtain any and all permits and licenses, comply with any and all requirements and pay any and all taxes, fees and charges prescribed by federal, state and local laws, ordinances, rules and regulations which pertain to or arise in connection with Lessee's use of the Premises, the presentation of the Event, or Lessee's operations. B. Further, Lessee shall not take any action or fail to take any action which shall cause County to be in breach of any contract, obligation or duty the County may have to a third party at the time of the Event, or pursuant to any applicable laws, rules orregulations. C. Lessee shall not use or occupy the Premises in violation of: (1) any rules and regulations promulgated by County for the Premises from time to time; or (2) any law or ordinance affecting the premises or County's facilities. Lessee shall comply with any directive of any governmental authority with respect to Lessee's use or occupancy of the Premises. Lessee acknowledges receipt of Sunshine Kitchen Food Business Incubator rules and agrees to comply with them, as they may be amended. D. Lessee shall not do or permit anything on or about the Premises which will in any way damage the Premises, obstruct or interfere with the rights of other tenants or occupants of County's facilities, or injure or annoy them, or use the Premises or allow them to be used for any unlawful purpose. Lessee shall not cause, maintain, or permit any nuisance in, on or about the Premises, or commit or allow any waste in or upon the Premises. E. Lessee shall not admit to Premises a larger number of persons than indicated on Exhibit "A" or additional charges shall apply. In no case, shall the number of persons exceed the capacity of the leased Updated March 2021 portion of the facility. No portion of the sidewalks, entries, passages, vestibule, halls, stairways, or access to public utilities shall be obstructed or used for any other purpose than ingress and egress. F. The Lessor SHALL NOT be responsible for any items left on the premises by Lessee or damage to equipment used or owned by the Lessee or any other person. G. Lessee shall be responsible for his/her own cleanup and maintenance of premises and equipment. 3. Rent Lessee shall pay to the County the monthly user fee for the sum of $136.00, plus tax, payable on the first day of each month. Any monthly payment not received within five (5) days of the due date is subject to late charges of $50.00. Lessee agrees, should all monies not be paid by the 15"of each month Lessee will no longer have access to the Kitchen until ALL monies are paid. Once access to the Kitchen is denied, the Lessee acknowledges and agrees that the Lessor shall notify the appropriate State of Florida licensing agencies which may result in the revocation or suspension of the Lessee's licenses as determined by the agency(ies). The Food Trucks annual fee is $400.00 per year, and is due when signing the lease, (this includes access to fresh water, disposing of gray water, disposing of used oil, food trash ONLY) 5. Security Deposit Upon execution of this Agreement, Lessee shall pay to the County a security deposit of $2S0.00 with $10.00 charge for key card. In the case a key card is lost, the replace amount is $15.00_ The Lessee is required to use the Kitchen a minimum of 8 hours and/or pay for user fee per 30-day period, tenant will forfeit said deposit. In the event that said deposit shall not be utilized for any such purpose, then, such deposit can be applied to any renewal term thereof. Upon termination of this lease, as long as lessee is not in default under any provision of this lease, Lessor shall return the security deposit to tenant within 30 days less any amounts to repair any damage to the Premises caused by Lessee during its tenancy, excluding normal wear and tear. If Lessee is in default at termination of this lease, Lessee's security deposit shall be held, applied to damages or rent and return to Lessee all in accordance with the laws of Florida in force at the time of execution of this lease. 6. Cancellation ofAgreement The Lessee may cancel this Agreement upon 60 days prior written notice to the Lessor. Should Lessee desire to cancel this Agreement and if notification to County of such desire is given in writing at least 30 days prior to the first date upon which possession is to be had hereunder, the County shall refund the full security deposit assuming no fees are owing and there is no damage to the Premises caused by the Lessee. If cancellation is after 60 days but prior to 30 days, there shall be a fifty (50) percent refund of the rent. If cancellation is within 30 days or less there shall be no refund. In the event Lessee shall not cancel this Agreement, the County shall be entitled to retain said, sum and any other costs incurred and seek all remedies available to it in law or equity. 7. Emergencies A. In case the Sunshine Kitchen Food Business Incubator or any part thereof shall be destroyed or damaged by hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of this Lease by the County impossible including, without limitation thereto, the necessity of the County to use the premises during an emergency_ Updated March 2021 Al r 114-1 t i' C H E INI� B. Then and thereupon that either 6(A) or 6(B) occurs, this Lease.shall terminate and the Lessee shall pay rental for said premises only up to the time of such termination at the rate herein specified, and the said Lessee hereby waives any claim for damages or compensation should this Lease be so terminated. 8. Alterations A. Lessee agrees that any change, alteration or addition to the Premises or to any equipment of the County therein desired by Lessee shall be subject to the prior written approval by the TCERDA Coordinator and, except as so approved by the TCERDA Coordinator, shall notbe permitted. B. In the event of any such approved change,, alteration or addition, the entire cost of such change, alteration, addition, installation, removal, or replacement shall be borne by Lessee. 9. Gross Receipts: The Term Gross Receipts as used in this Agreement means all monies paid or payable to or considerations of determinable value received by the Lessee for sales made, transactions had for alcohol, regardless of when or where the order therefore is received, or the goods delivered, or services rendered, whether paid or unpaid, whether on a cash or credit basis or in consideration of any other thing of value; provided, however, that any taxes imposed by law which is separately stated to and paid by a customer and directly payable bythe Lessee to a taxing authority and sales refunds shall be excluded therefrom. 10. Records A. The Lessee shall maintain during the term of this Agreement all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Agreement and all monies collected hereunder, not limited to gross receipts. The form of all such records and reports shall be subject to the approval of the County Administrator or their designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. B. If required, the Lessee shall furnish to the TCERDA Coordinator daily, a report of gross receipts during the event, on forms approved by the County. This report shall be signed by the Lessee certifying to the accuracy of such gross receipts. C. The Lessee shall allow the County Administrator or their designee to inspect all or part of the compilation procedures for the aforesaid reports including but not limited to allowing County staff to be present during all sales. Said inspection is at the sole discretion of the County Administrator or their designee. D. All records of the Lessee necessary to verify the report set forth herein shall be available to the County Administrator or their designee and the county's auditors at a reasonable location in St_ Lucie County, Florida, for a period of five (5) years after the end of any Agreement year. 11. Public Records The Lessee shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessee in conjunction with this Contract. Specifically, the Lessee shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform theservice. Updated March 2021 B. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided instate law or as otherwise provided bylaw. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized bylaw. D. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Lessee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is.compatible with the information technology system of the County. Ai IF THE°LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (772)462-1441, Bella yi stlucieg ,off, COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVENUE, FORT PIERCE, FL 34982 12. Sales Tax The Lessee shall be liable for the prevailing State of Florida Sales and Use Tax (currently at the rate of 7.0%) on the amounts payable to the County under this Agreement. 13. Payment of Fees A. The Lessee shall pay all fees, charges and revenues and submit all documents and reports required by this Agreement to the following: St. Lucie County Treasure Coast Research Park 7550 Pruitt Research Road Fort Pierce, Florida 34945 B. In the event Lessee fails to pay any of the fees, charges and revenues as required to be paid under the provisions of this Agreement within 30 days after the same shall become due, interest at the rate of one and one-half percent (1-1/2%) per month shall accrue against the delinquent payment(s) until same are paid- C. Personal or business checks will only be accepted for payment made more than 30 days in advance of the due date. If the check is returned to the County as not payable by the bank, an additional charge of $50 shall be due from the Lessee and the Event will not be considered reserved until full payment is received in the form of cash, cashier's check, money order, certified check orcredit card. D_ Implementation of this provision shall not preclude the County from terminating this Agreement for default in the payment of rentals, fees, or charges, or from enforcing any other provisions contained herein. 4 Updated March 2021 14. Security Personnel A. The County shall determine the level of security protection needed. Lessee shall procure and maintain, at its own expense, such security during the Event. B. Lessee shall provide the County at least 30 days before the Event, with proof, in a method acceptable to the County, of having retained the level of security determined needed bythe County. C. At least one St. Lucie County Sheriff's officer is required to be present at the Event when alcohol is served. The County shall determine the number of Sheriff's officers with arrest powers required and shall provide Lessee with the name and phone number of the security coordinator for the St. Lucie County, Sheriff's Office. Notwithstanding anything herein to the contrary, nothing herein shall obligate County to provide security for the Event or at any other time. - .i l �. D. In the event that the County, in its sole discretion, determines that Lessee's security requirements are not adequate or being met in full, County may require Lessee to employ additional security personnel for the Event, at Lessee's own cost. E. The County may cancel this Agreement if Lessee fails to retain at least the minimum security required by the County. County shall be entitled to retain said sum and any other costs incurred and seek any and all remedies available to it in lien or equity. 15. Electrical/Utilities A. The County shall furnish customary lighting and electricity for ordinary use only, but shall not be responsible for any accidents, unavoidable delays or temporary power outages. The County shall also furnish water by means of existing appliances, facilities, and drinking fountains. Customary and ordinary use to be determined by the TCERDA Coordinator. Any additional utility expense above normal and customary use, as determined by the TCERDA Coordinator, shall be the responsibility of the Lessee and paid to the County. B. Lessee shall not perform any electrical work or make any modification to any electric outlet on the Premises. If any such work or connection is required, Lessee will first obtain County approval, and have such work done and such connection made by the person, firm or corporation approved by County and at Lessee's expense. 16. Hazardous Materials A. Lessee shall not bring onto the Premises or County's facilities any material, substances, toxic or hazardous materials, equipment or objects which, in the sole judgment of the management of the County, is likely to endanger the life of, or cause bodily injury or harm to, any person on the Premises or County's facilities or which is likely to constitute a hazard to property thereon. County shall have the right to refuse to allow any such materia I, substances, equipment or objects to be brought onto the Premises or County's facilities and the further rights to require orto obtain its immediate removal therefrom if found thereon. B. The Lessee shall not, without written consent of the TCERDA Coordinator, put up or operate any engine or motor or machinery on the Premises OR use oils, candles, burning fluids, camphene, gasoline or similar liquid for either mechanical or other purposes, or any other agent other than electricity for illuminating the Premises. 17. Right of Entry County and/or its designated agents shall have the right to enter and inspect the Premises being leased or utilized by Lessee at any time. County further reserves the right to itself and third parties with Updated March 2021 whom County has a contractual relationship to enter the Premises at any time during the lease term to perform services required of or permitted to County herein, such as concessionaire, janitorial and repair or replacement services. County shall use reasonable efforts to minimize interference with Lessee's Events. 18. Maintenance A. Lessee shall not nail, glue, tack, tape or attach anything in a manner that will damage the floor, walls, pillars or doors of the Premises. Signs should be freestanding and banners may be hung as approved by the TCERDA Coordinator and in the manner required by the TCERDA Coordinator. it at B. During the term, Lessee shall maintain the Premises in good order, condition and repair and Lessee shall leave and surrender the Premises in good order, condition and repair at the end of the term hereof and shall remove all its personal property, fixtures and decorations from the Premises and immediately repair any damage caused thereby. C. The Lessee shall be responsible for any and all damage to the Premises and to County's property therein caused, directly or indirectly, by Lessee or Lessee's agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees, whether accidental or otherwise. D. If Lessee shall fail to surrender the Premises in good order, condition and repair and County is required to make repairs or incur clean-up costs by reason thereof, County may deduct from the security deposit such costs as are necessary to cover the costs of the repair or clean-up. If the deposit is insufficient to cover such costs, Lessee shall be required to pay the amount due within 10 business days of the Event Date. 19. No Smoking Policy There shall be no smoking in the Sunshine Kitchen Food Business Incubator or on the grounds except in designated outdoor smoking areas. 20. Indemnification A. Lessee will indemnify, defend and hold County, St. Lucie County Board of County Commissioners, its officers, directors and employees, harmless from any and all liability, loss, damage, costs, expenses, including, without limitation, attorneys' fees, on account of injury or damage to persons, firms or corporations or to property directly or indirectly arising out of or relating to this Agreement, the performance or breach thereof, or the use or occupancy of the Premises, the parking area or other areas of the facilities by Lessee or Lessee's agents, servants, employees, exhibitors, independent contractors, patrons, guests or invitees; and in the event that suit shall be brought against County, either independently or jointly with Lessee on account thereof, Lessee will defend any such suit or suits at the sole cost of Lessee; and in the event of final judgment being obtained against County, either independently or jointly with Lessee, then Lessee will pay such judgment immediately, with all interest and costs thereon, and shall hold County harmless therefrom. B. In the event Lessee shall fail to defend any such action on behalf of County to the satisfaction of County, County may, but shall not be obligated to, defend the same by counsel of its choice, the cost of which defense to be borne exclusively by Lessee and paid by Lessee in such intervals and in such amounts as County shall demand. C. The rent paid by Lessee includes consideration for Lessee's covenant to indemnify the County. Nothing in this Agreement shall be construed to affect in any way the County's rights, privileges and Updated March 2021 immunities, including sovereign immunity as provided by laws as set forth in Section 768.28, Florida Statutes. 21. Insurance A._ Lessee shall procure and maintain throughout the term of this Agreement comprehensive general liability insurance providing for a minimum of $1,000,000.00 per occurrence $2,000,000 aggregate, written by such insurance company as shall be acceptable to County. Lessee's insurance shall cover all activities of any subcontractors,vendors; and any individual or company providing services for this event. B. Lessee shall name St. Lucie County BOCC as an additional insured under said policy and a certificate of insurance showing the additionally insured and specifying the deductible of said policy shall bf,�delivered to County no later than thirty (30) days before the commencement date of the'term as set forth in "Exhibit A". The certificate shall provide for thirty (30) days prior written notice from the insurer to County of any cancellation or amendment to said insurance policy. C. In the event that Lessee fails to deliver said certificate to County in the above stated manner, County may cancel this Agreement or, but shall not be obligated to, procure the required policy and charge its costs to Lessee as additional rent, to be paid by Lessee thirty (30) days before the first day of the commencement of the term hereof_ Lessee'slnitial 22. Liquor Liability Insurance A. If the County has a contract with a vendor for the providing and serving alcoholic beverages, the Lessee shall utilize the vendor unless mutually agreeable to all parties, including the vendor. B. The Lessee shall provide the County with evidence of insurance to cover general liability with limits of $1,000,000.00 per occurrence $2,000,000 aggregate as well as Liquor Liability in the same limits for the service of intoxicating beverages no later than thirty (30) business days before the commencement date of the term as set forth in Exhibit "A". C. The St. Lucie County BOCC and the Lessee shall be named Additional Insureds on the certificate of insurance. 23. Damage to Personal Property County shall not be liable for any damage to the property of Lessee, or to any person bringing property into Lessee's Event. County shall not be responsible for the theft, loss, or damage to Lessee's property or property belonging to anyone with whom Lessee may have contractual relations as to the use or partial use of the Premises, or property belonging to any employee, agent, guest, patron or invitee of Lessee. 24. Natural Damage or Force Majeure A. If the Premises or any part of the Sunshine Kitchen Food Business Incubator is destroyed or damaged by fire, the elements, mob, riot, war, civil commotion, strike or labor disputes or act of God or any other cause, or event beyond the control of County, or any part of the facilities of County of which the Premises are a part be made impractical for use by any cause, County, may at its discretion, terminate and void this Agreement. Lessee shall be liable for rent, charges for staff and services, and additional utility charges which have accrued only as to the time of termination, if any. B. However, if such impossibility of performance shall be due to the act or omission of Lessee, its agents, employees, members, licenses, or invitees, then Lessee shall be liable for the entire rent charged Updated March 2021 i hereunder as well as all accrued charges in addition to such other damages as may result from such acts or omissions. C. Lessee hereby waives any claim for damages or compensation from County on account of such termination. Payment of County deposit shall be Lessee's sole remedy in the event of termination hereunder and Lessee expressly waives any claim for damage or compensation should the Agreement be so terminated. 25. Surrender of Premises; Disposal of Property A. Immediately upon the expiration of the term specified in Paragraph 1 hereof, Lessee shall remove from the Premises all property of whatever nature brought thereon by Lessee, its agents, representatives, exhibitors, guests, patrons or invitees, and further agrees that if such property be not so removed, County may forthwith possess, remove, dispose of and/or store same at Lessee's sole cost and expense. B. Lessee further agrees that if possession of such property so removed and/or stored is not taken by Lessee and the costs and charges for such storage and/or removal are not paid within five (5) days from the date of the removal and/or storage, County, at its option, may cancel all such costs and charges and become the legal owner of such property or may cause same to be sold and apply the proceeds from such sale to the payment of such costs and charges; provided, however, that if, in the judgment of County, any or all such property has no ready market value, County either before or after removal and/or storage may make such disposition thereof as it deems proper and shall not be liable or responsible to Lessee in any way because of such disposition. 26. Materials Presented A_ Lessee shall be solely responsible for all licenses, fees, charges or other requirements to present or allow the presentation of any composition, work or material during the Event or in advertising thereof which is covered by copyright, trademark, patent or other intellectual property right. B. Lessee shall indemnify, defend and hold County harmless from any and all loss, damage, costs or expense, including, without limitation, attorney's fees, pertaining to or arising from any claim of infringement or misappropriation of such copyright, trademark, patent or intellectual property right. C. The Lessee, whether artist, promoter, or production company, and the Lessee's representative warrant that all copyrighted material to be performed has been duly licensed or authorized by the copyright owners or their representatives, and agree to indemnify and hold St. Lucie County harmless from and against any and all claims, losses, liability, expenses, demands, damages, fees, fines, penalties, suits, proceedings, actions, and costs of actions including attorney's fees of any kind and nature arising or growing out of or in any way connected with the use of such copyrighted material. D. The Lessee agrees to and accepts the unequivocal right of the TCERDA Coordinator of St. Lucie County Sunshine Kitchen Food Business Incubator to cancel any event if evidence or information is presented that the above -described have not been obtained. Lessee hereby waives any claim for damages or compensation should this Agreement be so terminated. 28. Use and Nondisclosure Js3#=_, e Premise for . ood Cooking/Prep for the business of Lessee shall have the use of all common areas and restroom ficilitie's with other I 6psees and subject to any rules and regulations imposed by the County_ Lessee shall make no structural changes in the Premises nor attach or suspend any load to structure, walls, and Updated March 2021 hereunder as well as all accrued charges in addition to such other damages as may result from such acts or omissions. C. Lessee hereby waives any claim for damages or compensation from County on account of such termination. Payment of County deposit shall be Lessee's sole remedy in the event of termination hereunder and Lessee expressly waives any claim for damage or compensation should the Agreement be so terminated. 25. Surrender of Premises; Disposal of Property A. Immediately upon the expiration of the term specified in Paragraph 1 hereof, Lessee shall remove from the Premises all property of whatever nature brought thereon by Lessee, its agents, representatives, exhibitors, guests, patrons or invitees, and further agrees that if such property be not so removed, County may forthwith possess, remove, dispose of and/or store same at Lessee's sole cost and expense. B. Lessee further agrees that if possession of such property so removed and/or stored is not taken by Lessee and the costs and charges for such storage and/or removal are not paid within five (5) days from the date of the removal and/or storage, County, at its option, may cancel all such costs and charges and become the legal owner of such property or may cause same to be sold and apply the proceeds from such sale to the payment of such costs and charges; provided, however, that if, in the judgment of County, any or all such property has no ready market value, County either before or after removal and/or storage may make such disposition thereof as it deems proper and shall not be liable or responsible to Lessee in any way because of such disposition. 26. Materials Presented A_ Lessee shall be solely responsible for all licenses, fees, charges or other requirements to present or allow the presentation of any composition, work or material during the Event or in advertising thereof which is covered by copyright, trademark, patent or other intellectual property right. B. Lessee shall indemnify, defend and hold County harmless from any and all loss, damage, costs or expense, including, without limitation, attorney's fees, pertaining to or arising from any claim of infringement or misappropriation of such copyright, trademark, patent or intellectual property right. C. The Lessee, whether artist, promoter, or production company, and the Lessee's representative warrant that all copyrighted material to be performed has been duly licensed or authorized by the copyright owners or their representatives, and agree to indemnify and hold St. Lucie County harmless from and against any and all claims, losses, liability, expenses, demands, damages, fees, fines, penalties, suits, proceedings, actions, and costs of actions including attorney's fees of any kind and nature arising or growing out of or in any way connected with the use of such copyrighted material. D. The Lessee agrees to and accepts the unequivocal right of the TCERDA Coordinator of St. Lucie County Sunshine Kitchen Food Business Incubator to cancel any event if evidence or information is presented that the above -described have not been obtained. Lessee hereby waives any claim for damages or compensation should this Agreement be so terminated. 28. Use and Nondisclosure Js3#=_, e Premise for . ood Cooking/Prep for the business of Lessee shall have the use of all common areas and restroom ficilitie's with other I 6psees and subject to any rules and regulations imposed by the County_ Lessee shall make no structural changes in the Premises nor attach or suspend any load to structure, walls, and Updated March 2021 ceilings. Lessee shall not do, or permit to be -done. in or about the Premises, or bring, or keep, or permit to be brought or kept therein, anything which is prohibited by, or which will in any way conflict with, any law, statute, ordinance or governmental rule. Lessee shall not allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose (as determined by the County). Lessees II not share other clients 'trade secrets', recipes, orbusiness practice. Initial _7W 29. Subletting Lessee shall not sub -lease the whole or any part of the Premises, except that, if the Event is a trade show or similar event, this paragraph shall not ;prohibit Lessee from subleasing individual booths to separate exhibitors during the Event. In anyTvent, Lessee shall remain primarily liable under the terms and conditions of this Lease, including insurance coverage for all vendors and exhibitors. 30. Lewd, Indecent, Immoral or Illegal Materials No lewd, indecent, immoral, obscene or illegal acts, conduct, language, pictures or portrayals shall constitute or be included in the activities or Event presented by Lessee on the Premises and Lessee agrees to abide and to be bound by the sole decision of TCERDA Coordinator as to the propriety and prohibition of the same from the Premises should any questions of propriety arise under this paragraph. 31. Nondiscrimination Lessee, in exercising any of the rights or privileges granted to it shall not on the grounds of race, color, national origin, religion, sex, age or physical or mental disability discriminate or permit discrimination against any persons or group of persons in any manner prohibited by Federal, State or local laws. Lessor is granted the right to take such action, anything to the contrary in this lease notwithstanding, as the United States may direct to enforce this nondiscrimination covenant. 32. Default A. In the event of the breach by Lessee of any provision of this Agreement or in satisfaction of any debt obligations on the part of Lessee to County, County is hereby given the right to take and retain possession of any personal property of Lessee that now or hereafter may be located on or within the Premises of County and to sell same, without notice, at either public or privatesale. B. In the event of such sale, proceeds shall be applied first to discharge the cost of taking possession, storing and selling the goods so seized, then towards the discharge of such debts or obligations of Lessee to County and the balance, if any, to Lessee. C. It is expressly understood and agreed that, without prejudice to any other rights or remedies that may be available to County, in the event of the breach by Lessee of any one or more of the provisions of this Agreement, County may refuse to allow Lessee to take possession of the Premises or, if Lessee is already in such possession, may stop and prohibit all activities of Lessee on the Premises and oust Lessee there from. D. Neither the County nor its TCERDA Coordinators, agents, employees or servants shall be responsible to Lessee for doing any or all such things authorized by this paragraph. Lessee hereby waives any claim for damages or compensation should this Agreement be so terminated. Updated March 2021 ; 33. Parking Parking lots for the purpose of parking vehicles are included in the Premises lease. If parking lots are leased for the -purpose of exhibit or event presentation, separate fees will be assessed. Unless otherwise specifically provided herein, parking space is included in the Premises leased to Lessee. Nothing herein shall be construed as precluding County from charging for parking of vehicles of patrons attending the activities or Event presented by Lessee hereunder. 34. Promotions; Trademarks The Lessee shall not use the Kitchen 'or St. Lucie County logo or trademark on any promotional or other materials without the prior written approval of the Lessor. 35. Dispute Resolution Any disputes relating to interpretation of the terms of this Agreement or a question -of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Lessee and the County. Any dispute, which is not resolved by mutual agreement, shall be decided by the County Administrator or their designee who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 36. Mediation Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The parties shall share the fee of the mediator equally. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 37. Antitrust Assignment The Lessee and the County and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida and local governments. Therefore, the Lessee assigns to the State of Florida and the County any and all claims for such overcharges as to goods, materials or services purchased in connection with the Agreement. [The next page is the signature page.] 10 Updated June 2020 l y -17-1 J IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original WITNESSES: (1) upon the terms and conditions above stated. LESS E: BY: f PRINTNAME: L TITLE: I ilk ` TELEPHONENO: liw /J� ST. Lucl ouwy, FLORIDA BY: NAME: RircCants TITLE: TCERDA Coordinator APPROVED AS TO FORM AND CORRECTNESS: BYE ��/ yo COUNTYATTORNEY 11 Updated June 2020 Planning & Development Services Building & Code Regulation Division 2300 Virginia Avenue Fort Pierce, FL 34982 Phone: (772)462-1553 Fax: (772)462-1578 ZONING COMPLIANCE_ CERTIFICATE Permit #: 2106-0677 Issue Date: 6/1/2021 This is to certify that the following discribed property is properly zoned for: USE OF SUNSHINE KITCHEN LICENSE# 6605135 Type of Business: USE OF SUNSHINE KITCHEN LICENSE# 6605135 Business Name and Address: AMY ROACH CAKES & CATERING 7550 PRUITT RESEARCH RD FORT PIERCE, FL 34982 Parcel ID No: 2314-800-0001-000/3 SIC Code: COC Required? NO (kohg"Wo Signature Date