Okaloosa County BOCC — December 2, 2014 — Ludwig Sub Lease Rigdon 11-18-14 — reading text

base upon the number of days in the calendar year after the Commencement Date, or prior to the termination date, and without regard to when any particular Common Operating Costs were actually incurred during the calendar year, IfthisLease . terminates in the middle of a calendar year, then as soon as Landlord is able to determine Tenant’s actual Pro Rata Share of Common Operating Costs for the portion of the year to the termination of this Lease, Landlord shall notify Tenant of same, and within ten (10) days thereafter, Tenant shall pay any additional amount owed to Landlord, or Landlord shall refund oT Tenant or r apply against anyother monies owed to Landlord any.excess.amount.paid by..Tenant... ve 24, Determination of Tenant's Responsibility. Tenant's pro-rata responsibility (also referred to throughout this Lease as “Pro-Rata Share") for the Common Operating Cost Contributions shall be 10.71%. 25. Special Provision for Separately Charged Common Operation Cost Contribution, Landlord may require Tenant to separately pay for any particular cost or expense relating to the “Premises which would otherwise be Included inthe Common Operation Cost Contribution: Particular costs or expenses which may be required to be separately pald- by Tenant may Include, - but are notlimited to, additional Insurance premiums incurred as a result of the particular Premises, business or equipm ent of Tenant, 26. Personal Property Taxes. Tenant shall pay, priorto delinquency, all taxes assessed or levied upon Its leasehold interest, trade fixtures, furnishing, equipment, merchandise, and personal property of any kind owned, installed, or used by Tenant in, on, or upon the Premises, and all alterations, changes, and additions thereto, Where possible, the parties shall cause the foregoing to be assessed and billed separately from the tax bill for the Building. In the event any or all of the foregoing shall be assessed and taxed with the real estate taxes for the Building, Tenant shall pay to Landlord the Tenant’s share of such taxes as an additional Rental Paymentwithin thirty (30) days after delivery to Tenant by Landlord of a statement In writing settling forth the amount of such real estate taxes and the portion thereof applicable to the foregoing. 27, Sales Tax, Tenant, and not Landlord, shall pay, to Landlord with each Rental Payment the Florida State Sales Tax and any other sales, use or excise tax due on any Rental Payment, - 28, Utilities and Related Charges, Tenant agrees to pay for all public utility services rendered or furnished to the Premises during the Lease Term, including (without limiting the same) heat, water, gas, electricity, sewer rental, sewerage charges, fire protection charges; together with all taxes, levies, and any other like charges on such utilities or Included on such uttlity blllings. In the event Landlord rebills Tenant for any utilities, Tenant shall pay same to Landiord within ten (10) days Prolaw:i43604 ~6» from the date of such billing. Landlord shall not rebill any utility to Tenant at a rate higher than Tenant would have pald directly to the utllity company for the same quality and quantity of service, inno event shall Landlord be liable for any interruption or fallure in the supply of any such utilities to the Premises. Tenant shall pay directly to any utllity company or governmental agency, or shall reimburse Landlord if prepaid by Landlord, all water and sewer hookup charges, connection fees, impact fees, or other similar charges Imposed by such utility company or governmental agency specifically relating to Tenant's occupancy or use of the Premises, ; 29, Insurance. (a) — Landlord’s Insurance. Landlord shall procure and maintain throughout the term of thls Lease, standard fire and extended coverage Insurance and liabillty Insurance (plus whatever endorsements or special coverage Landlord, In its sole discretion, may consider appropriate), on the Building. Tenant agrees to pay its pro rata share of such insurance coverage as part of the Common Operating Costs as provided for above. Tenant agrees that it will not keep, use, sell, or offer for sale, in or upon the Premises, any article which may be prohibited by the Landlord's standard broad form of fire and extended Insurance policy, or which will increase the premiums charged on the policy covering the Building. !n the event, there is an Increase In the premium charged by the Insuring company or its authorized agent as a result of Tenant's use or occupancy of the Premises, Tenant shall pay as Additional Rent upon demand the increase in the premium, Tenant agrees to promptly make, at Tenant’s sole cost and expense, any repairs, alteration, changes and/or improvements required by the company that Issues Landlord’s insurance policies so as to avold the cancellation.of,_or the Increase. in. premiums.on.sald_insurarce (b) Tenant's Insurance. Tenant shall, during the Lease Term, at its sole cost, risk and obligation, keep In full force and effect a policy of public liability and property damage insurance with respect to the Premises, and the business conducted by Tenant and any subtenants of Tenant inthe Premises, in which the limits of public liabllity, alrcraft llabliity and property damage Insurance shall be not less than One Million Dollars ($1,000,000) combined single limit, subject to increase if _ alther Landlord or Okaloosa County should so demand. Tenant shall also carry fire and extended coverage Insurance for the full replacement value of all improvements, alterations, additions and ~~~ partitions whether made orinstalied by-Landlord-or Tenant inthe Premises, Tenant's personal. ---- property Including, but not limited to, inventory, trade fixtures, equipment, furnishings and other personal property together with insurance agalnst sprinkler damage, vandalism, theft and malicious mischief; and any and all other coverage which Tenant desires to carry or ls required to carry bylaw. The policy shall include Landlord , and any persons, firms or corporations having an insurable interest designated by Landlord ftom time to time, as additional insured, and shall contain a clause that the Insurer will not cancel or change the Insurance without first giving the Landlord thirty (30) days prior written notice, The insurance shall be in an Insurance company licensed to do business in the State of Florida and approved by Landlord, A copy of the policy or certificate of insurance shall be delivered to Landlord prior to delivery of possession of the Premises to Tenant and thereafter within thirty (30) days prior to the expiration of the term of each sald policy, If Tenant falls to furnish Landlord with a copy of any insurance policy required to be furnished by Tenant to Landlord when due and such fallure continues for ten (10) days after written notice from Landlord, Landlord may assess and collect an administrative fee of Twenty-Five and 00/100 Dollars ($25.00) for each day such policy or certificate has not been recelved In the office of Landlord at the close of each business day. Additionally, if Tenant refuses or neglects to secure and maintain insurance policies -- complying with the provisions of this Paragraph; Landlord may, but shall not be required fo, secure and maintain such Insurance policles and Tenant shall pay the cost thereof to Landlord, as Additional Rent, upon demand. All aircraft llability and public llabillty Insurance shall be endorsed to -Include both Landlord and Okaloosa County as additional insureds thereon. All sald policies shall provide that the Insurer will not cancel or change the Insurance without giving both Landlord and Okaloosa County thirty (30) days prior written notice, during which time elther Landlord, or Okaloosa County, or both, shall have the right to cure any default on Tenant's behalf, in which event Tenant Prolaws49604 - ~7+ shall repay Landlord, Okaloosa County, or both, all such monies expended within thirty (30) days of date of demand, Tenant shall provide both Landlord and Okaloosa County with a copy of sald Insurance binder prior to taking occupancy of the Premises and as the policy is renewed each year. (c) - Indemnification of Landlord, Tenant shall indemnify both Landlord and Okaloosa County, and their respective agents, and save them harmless from and against any and all claims, actlons, damages, liability and expense in connection with loss of life, personal Injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises, or the occupancy or use by Tenant of the Premises and Common Area or any part thereof, or occasioned wholly or In part by any act or omission of Tenant, its agents, contractors, employees, servants, tenants or concesslonalres. Inthe event Landlord and/or its agents shall, without fault on thelr part, be made party to any litigation commenced by or against Tenarit, then Tenant shall protect and hold Landlord, Okaloosa County and/or thelr respective agents harmless and shall pay all costs, expenses and reasonable attorney fees that may be Incurred or pald by Landlord, Okaloosa County . ’ and/or thelr respective agents in connection with such litigation. . (d) Limitation on Landlord’s Liability. Landlord and Landlord's agent and employees shall not be liable to Tenant or to anyone claiming under Tenant for damage to person or property resulting from (a) equipment or appurtenances becoming out of repalr, (b) Tenant's failure to keep the Premises in repair; (c) injury done or oecasioned by wind; (d) any defect In or failure of the sprinkler system, plumbing, heating or air conditioning equipment, electric wiring or installation thereof, gas, water, steam, pipes, stairs, porches, ralllngs, or walks; (e) broken glass; (f) the backing ___.up.of any sewer pipe, or. downspout: (g) the bursting,.leaking .or.running.over.of any.tank,.tub,.. washstand, water closet, waste pipe, drain, or any other plpe or tank, In or upon the Building or Premises, or noxious odors resulting therefrom, or the escape of steam or hot water; (h) water, or ice belng upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Building or Premises or otherwise; (i) the falling of any fixtures, plaster, or stucco, ([) any act; omission, or negligence of co-tenants or other parsons or occupants of the Building or of --~-adjoining or contiguous bulldings or of owners of adjacent or contiguous property of Landlord; and (k) any act which might be considered directly caused by rodents, Insects, bugs, or pests In general, ~~ Landlord agrees that Landlord and Landlord’s agents shall beresponsibte; however, for their gross ~ negligent acts hereunder, but only to the extent that any such-damage or llability is not covered: by mn perils against which Tenant is required by this Lease to Insure. (e) Mutual Walver of Subrogation. Regardless of any other provision hereof, gach of the partles hereto hereby waives all claims against the other for loss or damage to Its real _ and personal property located at or within the Building, resulting from fire or from risks Included within the standard extended coverage endorsement and the vandalism or malicious mischief endorsement of the insurance required herein to be carried, provided the insurance {s not invalidated by such walver. Lo | Landlord's Rightto Pay Premiums on Behalf of Tenant. All of the policies of insurance referred to herein shall be written in form satisfactory to Landlord and by Insurance companies satisfactory to Landlord, Allsuch insurance policies shall expressly walve any right of subrogation of the Insurer against Landlord and the holder of any mortgages encumbering the Premises, Tenant shall pay all of the premiunis therefor and deliver such policies, or certificates thereof, to Landlord; and, In the event of the fallure of Tenant either to effect such Insurance In the ‘names hereln called for or to pay