Okaloosa County BOCC — October 21, 2014 — Facility Lease Agreementw ECWR w signatures — reading text

LEASE AGREEMENT This Lease Agreement made as of this of October, 2014, between OKALOOSA COUNTY, 1804 Lewis Turner Blvd., Fort Walton Beach, Florida 32547 (hereinafter referred to as Lessor), and Emerald Coast Wildlife Refuge, Inc. (hereinafter referred to as Lessee). WITNESSETH: For and in consideration of the rental herein reserved, and of the covenants, conditions, agreements, and stipulations of the Lessee hereinafter expressed, the parties agree as follows: 1. Premises. The Lessor hereby leases to Lessee,and Lessee hereby leases from Lessor, the following described premises: (a) Being all of that former fire station unit located at 105 Santa Rosa Blvd., Fort Walton Beach, FL 32548, hereinafter referred to "leased premises," and as described in "Exhibit A," attached hereto. (b) Together with the right to use in common with Lessor, its employees, invitees, and customers, the Okaloosa Island Fire District, and Lessor's other tenants and their employees, invitees, and customers, the parking areas provided by the Lessor, its successors, or assigns, in the designated areas for the parking of | automobiles, which are contiguous to the building in which the leased premises are located; provided that the Lessor retains the right to make reasonable rules and regulations with reference to the use of said parking area, including the right to provide for certain reserved parking as, from time to time, determined by the Lessor, and particularly provided that employees, agents, and principals of Lessee shall park in designated areas so as to assure Lessor's other tenants and Lessor's customers and visitors convenient and proximate parking contiguous to the building or buildings in which its tenants are located. (c) Lessee acknowledges that Lessee has inspected the leased premises and/or hereby accepts same in "as is" condition. (d) Lessor has made no warranties and/or representations regarding the condition of the leased premises. 2. Term. (a) The term of this Lease shall be for one (1) year commencing on the day of October, 2014 and terminating on the 30" day of October, 2015. Lessee shall have the option to extend this Lease for two (2), one (1) year extensions by giving notice to Lessor at least 30 days prior to expiration of the initial term, provided Lessee has not been in default of this Lease agreement at any time during the initial term. Lessee may terminate this Lease due to extraordinary circumstances as approved by Lessor with 60 days notice, which approval shall not be unreasonably withheld. (b) During the final four (4) months of this Lease term, Lessor shall be twenty-four (24) hours’ notice. 3. Rental. Lessee hereby covenants and agrees to pay to the Lessor at the Courthouse,101E.James Lee Blvd., Crestview, Florida 32536,or at such other place as the Lessor may from time to time designate in writing, as rental for said premises during the term of this Lease, an annual rental, payable annually in advance, beginning on the first day of commencement of this Lease and continuing on the same day of each year thereafter for the entire term of this Lease as follows: (a) $1.00 per year during the term of this Lease; (b) Asum equal to 10% of any rent not received by Lessor within ten (10) days of the due date thereof. Lessee shall be required to pay to Lessor, in addition to the amounts above, any sales or rental taxes which are applicable to this lease. 4. Use of Premises. The Lessee shall use said premises for fish and wildlife recovery, rehabilitation, and storage along with office housing for said purpose use and for educational programs related to fish and wildlife recovery,and for training programs related to fish and wildlife recovery, and no other purpose whatsoever. The scope of use of the premises may be expanded if the Lessee has a reasonable need to do so. Before expanding the scope of the use of the premises the County Commissioners must approve of the expanded scope of use by a majority vote at a regularly scheduled meeting of the County Commissioners. Lessee shall comply with all present and future laws or ordinances applicable to the leased premises and shall not commit or suffer waste on the premises, or use or permit anything on the premises which may be illegal, or constitute a private or public nuisance, or conflict with or invalidate or increase the cost of any of Lessor's fire and extended coverage insurance, or which may be dangerous to persons or the property of the Lessor or other tenants of Lessor's building, their agents, servants, employees, and customers. Notwithstanding the foregoing, any action or change to the leased premises by the Lessee which causes an increase in the cost of any of Lessor's fire and extended insurance is curable by Lessee's payment of such increase in cost. 5. Repairs, Maintenance, and Changes by Lessee (a) The Lessee shall make all necessary repairs to the interior of the leased premises, including window and plate glass and the fixtures and equipment therein or used in connection therewith, including the maintenance of all fixtures and equipment located within the leased premises, which repairs shall be in quality and class equal to the condition on the day the lease agreement is executed, in order to maintain said premises, fixtures, and equipment in good condition and repair; provided, however, that the Lessee shall be responsible for any painting, carpeting, or any repair necessitated by the Lessee's neglect or omission. If Lessee fails to perform its obligations of maintenance or repair hereunder, Lessor is authorized to come onto the leased premises, make such repairs, and upon billing to the Lessee by the Lessor, Lessee shall reimburse the Lessor for the costs of such repairs plus interest thereon at the lesser of the highest legal rate allowed in the State of Florida or 10 points above the prime rate of interest charged by Regions Bank (or its successor). Upon the expiration of or prior termination of this Lease, the Lessee shall remove all property of the Lessee from the premises, except plumbing and other fixtures and leasehold improvements which may have been installed by the Lessee and except as otherwise provided in this Lease, and surrender the leased premises to the Lessor "broom clean" in as good order and condition as they were upon Lessee commencing business, or were placed by Lessee thereafter, ordinary wear and tear and damage by fire excepted. Any property left on the premises after the expiration or other termination of this Lease may be disposed of by Lessor in any manner and without any liability to the Lessee. (b) The Lessee shall not make any changes, alteration, additions, or improvements to the leased premises without the written consent of the Lessor. (c) The Lessee shall maintain the plumbing and heating lines, and all repairs to the plumbing and heating lines shall be at the expense of the Lessee. 6. Utilities. All electric, light, heat, power, fuel, gas, garbage, and any other utility service charges and assessments shall be paid by the Lessee for the benefit of the leased premises. Lessor shall be permitted to inspect the leased premises from time to time to assure that Lessee is complying with this provision. 7. Janitorial Services. Lessee agrees to keep all rubbish and garbage in containers while on the leased premises and shall dispose of all of such rubbish and garbage in the dumpster or other containers as required by the garbage service. The Lessee shall perform and provide for all of Lessee's janitorial services required on the leased premises. 8.Damage to Lessee's Property or Premises. (a) The Lessor and its agents shall not be liable indamages, by abatement in rent or otherwise, for any damage either to the person or the property of the Lessee, or for the loss of or damage to any property of the Lessee by theft or from any other cause whatsoever, whether similar or dissimilar to the foregoing. The Lessor or its agents shall not be liable for any injury or damage to persons or property, or loss or interruption to business resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow, or leaks from any part of the building, or from the pipes, appliances, or plumbing works, or from the roof, street, or subsurface, or from any other place, or by dampness, or by any cause of whatsoever nature; nor shall the Lessor or its agents be liable for any damage caused by other tenants or persons in said building, or caused by operations in construction of any private or public or quasi-public work. None of the limitations of the liability of Lessor or its agents provided for in this subsection (a) shall apply if such loss, injury, or damages are proximately caused by the gross negligence, intentional act, criminal act, or breach by the Lessor, its agents, employees, or independent contractor. (b) Lessee's Liability for Damage to Lessor's Property. The Lessee shall be liable for any damage to the building or property therein which may be caused by its act or negligence, or the acts of his agents, employees, or customers, and the Lessor may, at its option, repair such damage, and the said Lessee shall thereupon reimburse and compensate the Lessor as additional rent, within five (5) days after rendition of a statement by the Lessor, for the total cost of such repair and damage, except as hereinafter provided in Item 10(d). 9. Indemnity, Liability Insurance, Building Insurance, Waiver of Subrogation (a) The Lessee hereby indemnifies and agrees to hold the Lessor harmless and free from damages sustained by person or property, and against all claims of third persons for damages arising out of the Lessee's use of the leased premises, and for all damages and monies paid out by Lessor in settlement of any claim or judgments, as well as for all expenses and attorneys' fees incurred in connection therewith. (b) Lessee shall, during the entire term of this Lease and any renewal hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the leased premises, and the business operated by Lessee. (c) Lessee, at its sole cost and expense, agrees to keep all of their personal property and belongings and contents in the building insured under standard fire and extended coverage insurance in an amount equal to the full current replacement cost of said building(s). 10. Damage or Destruction to Premises. (a) If the leased premises, or any portion thereof, shall be damaged during the term by fire or any casualty insurable under the standard fire and extended coverage insurance policies, but are not wholly untenantable, the Lessor shall repair and/or rebuild the same as promptly as possible, provided that the proceeds from Lessee's insurance policies are available to Lessor. If the Lessee’s insurance policy proceeds are insufficient to repair the premises, then either party has the option to immediately terminate the Lease. The Lessor shall not be required to repair or rebuild any fixtures, installations, improvements, or leasehold improvements made to the interior of the leased premises by Lessee, nor Lessee's exterior signs. Such repairs and/or replacements are to be made by Lessee. (b) If the leased premises are rendered wholly untenantable by fire or other cause, or if the leased premises or the building in which they are located should be damaged or destroyed by fire or other casualty, to the extent of fifty per cent (50%) or more of the monetary value of either thereof, whether the leased premises themselves be damaged or not, or so that fifty per cent (50%) or more of the floor space contained in either thereof shall be rendered untenantable, then, and in that event, Lessor may, atits option, terminate this Lease or elect to repair or rebuild the same. If, as a result of any damage either to the leased premises or to the building of which they are a part, the Lessor determines to demolish