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

the premiums theréforor to deliver such policies, ‘or certificates’ ~ thereof, to Lessor, Landlord shall be entitled, but shall have no obligation, to effect such insurance and pay the premiums therefor, which premlums shall be repayable to Landlord with the next installment of rental, fallure to repay the same carrying with It the same con- sequence as fallure to pay any installment of rental. The insurance policy or pollcles required hereunder shall name Landlord and Tenant as insureds as their Interests may appear, and each insurer shall agree by endorsement on the policy or policies issued by It or by Independent instrument furnished to Prolaw: 148694 ~8- Landlord that It will give Landlord thirty (30) days written notice before the policy or policies In question shall be altered or canceled. Landlord agrees that tt will not unreasonably withhold its approval as to the form or to the insurance companies selected by Tenant. The insurer of any policies required hereunder shall be qualified to do business in the State of Florida and shall havea "Best" rating of A or better, (9) Definition of Full Replacetnent Value, The term “full replacement value" of improvements as used herein shall mean the actual replacement cost thereof from time to time. 30, Repairs and Destruction of Improvements (a) — Maintenance ofimprovements, Tenant shall throughout the Lease Term, at its own cost and without any expense to Landlord, keep and maintaln the Leased Premises, including all improvements of every kind which may be a part thereof and all appurtenances thereto, in good condition and repair. Landlord shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description whatsoever to the Leased Premises following Landlord's ‘construction of the improvements described below. Tenant shall also comply with and abide by all federal, state, county, municipal, and other governmental statutes, ordinances, laws, and regulations affecting the Leased Premises, the improvements thereon, or any activity or condition on or in such Leased Premises. ‘(b) — Obligations and Rights Upon Casualty. Inthe event that the Bullding shall be _.., damaged or destroyed by fire or other casualty insurable under standard fire.and extended coverage... ..... insurance (which Is not caused by Tenant’s intention acts, willful misconduct or gross negligence) and Landlord does not elect to tarminate this Lease as herelnafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebulld and repair the Building. Ifthe Building shall (a) be destroyed or substantially damaged by a casualty not covered by Landlord's Insurance; or (b) be destroyed or rendered untenantable to an extent in excess of twenty-tive percent (25%) of the first floor area by a casualty covered by Landlord's Insurance; or (c) be. destroyed or substantially damaged during the last two (2) years of the Lease Term: or (d) be ~~ - destroyed or substantlally damaged and the holder of a mortgage deed of trust or other lien on-such- ~~-bullding-at the-time ofthe casualty elects, pursuant to such mortgage; deed-oftrust-or other llen, fo. -—-— <= require the use of all or part of Landlord's Insurance proceeds in satisfaction of all or part of the indebtedness secured by the mortgage, deed of trust or other lien, then Landlord may elect to elther terminate this Lease as hereinafter provided or to proceed to rebulld and repair the Building. Should Landlord elect to terminate this Lease It shall give written notice of such election to Tenant within _ ninety (90) days after the occlirrence of such casualty, If Landlord should not elect to terminate this Lease, Landlord shall proceed with reasonable diligence and atts sole cost and expense to rebulld and repair the Building. In the event of any damage or destruction to thePremises, Tenant shall,’ upon notice from Landlord, forthwith remove, at Tenant's sole cost and expense, such portion or all of Tenant's trade fixtures. and all other personal property belonging to Tenant from such portion or all of the Premises as Landlord shall request. During the perlod from the occurrence of the casualty until Landlord's repairs are completed, the Base Rent shall be reduced proportionately as to that portion of the Premises are untenantable; however, there shall be no abatement of Additional Rent payments. (c) Restoration. Landlord's obligation to rebulld and repalr under this section Is ~~limited to restoring the Building tothe extent Insurance proceeds are-avallable'to do $07’ Landlord ~~ shall have no obligation to restore the Leased Premises to substantially the condition In which the same existed prior to such casualty, Tenant agrees that promptly after completion of restoration of the Bullding by Landlord, Tenant will proceed with reasonable dillgence and at Tenant's sole cost and expense to restore, repair and replace all Improvements, alteratlons, additions, trade fixtures, signs, equipment and other personal property comprising the Leased Premises In a condition to at least equal to that prior to Its damage and destruction, The proceeds of all insurance carried by Projawii43aa4 ~Qe Tenant for reconstruction of sald improvements and personalty shall be held In trust by Tenant for the purpose of such repalr and replacement 31, Tenant's Work. (a) Tenant's Work shall be deemed to be all of that work necessary to completely improve the Premises over and above the condition in which the Premises currently exist. Tenant will be responsible for obtaining any bullding permit required by any controlling governmental authority in connection with Tenant's Work, and Tenant's Work'shall be performed in conformance with all controlling governmental ordinance, law, statutes, rules and regulations, and In conformance with any building permit issued by an controlling governmental authority. All of Tenant's Work shall be performed pursuant to properly and competently prepared plans and specifications, and by qualified, licensed and insured contractors and subcontractors. Landlord and Okaloosa County each reserve the right to approve and disapprove, workmanship and construction, and completion of improvements. Tenant agrees to perform and cause Tenant's contractor and subcontractors to perform Tenant's Work in a manner so as not to damage, delay, or Interfere with any work being performed by Landlord or its contractors in the Premises or in or about any other portion of the Bullding, and to comply with all construction procedures and regulations described by Landlord and Okaloosa County for Tenant’s Work and the coordination of such work with any work being performed by Landlord and Its contractors. (b) Approval of Plans and Specifications for Tenant's Work. Tenant shall prepare __and submit to both Landlord and Okaloosa County, for thelr respective approval which shall not he... _. ” “Unréasonably withheld, professionally prepared plans and specifications for Tenant's Work, which shall be In such detall as Landlord and Okaloosa County may reasonably require and shall Include all improvements to be constructed by Tenant. _ (cs) Completion of Tenant's Work. Upon completion of Tenant’s Work, Tenant shall obtain. lien walvers for all contractor, subcontractors and suppliers, and Tenant shall provide Landlord with coples of such lien waivers and with any other evidence reasonably required by and satisfactory-+to Landlord-that-Tenant’s Work has been pald for. It shall also be the sole responsibility _.-@€ Fenantto obtaln-a Certificate of Occupancy-for.any.of Tenant's Work,..or other similar document... issued by the controlling governmental agency which allows Tenant to open the Premises to the public, and a copy of same shall be provided to Landlord. (d) Conformance to Codes and Insurance Regulatlons, Any and all construction, " Improvements, additions, and modifications made and/or installed by elther Landlord or Tenant shall be made or installed to conform to the minimum requirements of the insurance service office of the state having Jurisdiction, insuring companies, the National Fire Protection Association, the national Board of Fire Underwriters, and all federal, state and municipal codes, All work will meet or exceed minimum requirements of The Americans with Disabliitles Act (ADA) where applicable, Failure to conform to such minimum standards by Tenant shall constitute a default on the part of Tenant and if within twenty (20) days , Tenant has not commenced to cure and dillgentlypursues such curative action to completion, Landlord may declare Tenant in default hereunder. (2) TenantAlteratlons. Tenant agrees not to make any alterations or additions that would materially change the Premises or the appearance of same from that previously - approved: by Landlord, nor to install-any additional equipment therein without, in each instance, ~ obtaining the prior written consent of Landlord. All alterations and additions fo the Premises shall be made In accordance with all applicable laws, and where applicable, Tenant shall be required to obtain all necessary governmental permits prior to commencing, In the event of making such alterations or additions as herein provided. Tenant hereby indemnifies and holds Landlord ‘harmless from all expenses, liens, clalms, or damages, to either persone or property or the Premises, arising out of or resulting from the undertaking, making of, or the existence of such alterations or additions. Prolaw:143694 ~ {0+ In the event Tenant, at any time during the Lease Term, removes any of Its trade. fixtures, any damage caused by such removal shall be repaired and the trade fixtures shall be replaced within three (3) business days with fixtures of slmilar quality and sufficient quantity to conduct Tenant's business. (f) Tenant General Construction Requirements, Tenant and its contractors and subcontractors shall perform the construction or alterations In such manner so as not to obstruct access to the premises of any other tenant in the Bullding or to any part of the Common Areas; nor shall the performance of such original construction or subsequent alterations interfere with the transaction of business In the Building or disrupting any of other tenant's bullding services or equipment, Should Landlord determine that the performance of the original construction or subsequent alterations Interferes with or disrupts business In the Bullding for reasons such as dust, nolse, odors, debris, etc., then Landlord may direct Tenant to perform such work after normal business hours, In the event Tenant, Tenant's contractors, or anyone acting for and on behalf of Tenant, causes or leaves debris, garbage or refuse in Landlord's premises or outside the Premises, during original construction or alteration and fails to Immediately clean up the same, Landlord may in its sole discretion cause the same to be done and bill Tenant for its costs (Including without being limited to the same; labor, material, outside services and use of equipment). Paymentfor any such billing shall be due upon demand. °32. Liens, (a)... Tenant's Duty to Keep Premises Free of Liens. “Tenant shall keep all of the... Ceased Premises and every part thereof free and clear.of any and all mechanics’, meterialmen's, and other liens for or arising out of.or in connection with work or labor done, services performed, or materials or appllances used or furnished for or in connection with any operations of Tenant, any alteration, Improvement, or repairs or additions which Tenant may make or permit or cause to be made, or any work or construction by, for, or permitted by Tenant on or about the Premises, or any obligations of any kind incurred by Tenant; and Tenant shall at all times promptly and fully pay and discharge any and all claims upon which any such flen may or could be based and to indemnify ~Landlorc: and all of the Premises, and improvements