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

in a public warehouse or elsewhere at the cost of and for the account of Tenant. Should Landlord elect to re-enter as herein: provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided forby law, Landlord may either terminate this Lease or may from time to time, without terminating this Lease, re-let the Premises or any part thereof for such term or terms (which may be for a term extending beyond the Lease Term) and at such rental or rentals and on such other terms and conditions as Landlord In its: sole discretion may deem advisable, with the right to make alterations and repairs to the Premises _. ... _for Tenant's _benefit,. .On each.such. resetting (a) “Tenant .shall.be_immediately.liableto pay-to .— “Landlord, in addition to any indebtedness other than rent due hereunder, the expenses of such re- letting and of such alterations and repairs Incurred by Landlord; and the amount, ifany, by which the rant reserved In this Lease for the perlod of such re-letting (up to but not beyond the Lease Term) exceeds the amount agreed to be paid as rent for the Premises for such perlod on such re-letiing; or (b) at the option of Landlord, rents received by Landlord from such re-letting shall be applied first to the payment of any indebtedness, other than rent due hereunder from Tenant to Landlord; second, to the payment of any expenses of such re-letting and of such alterations and repairs; third, to the ~~ ~—payment of rent due and unpald hereunder; and the regidue; ifany, shall be held by Landlord and =~ poplied in payment of future rentas the same may become due and payable hereunder. If Tenant: ~ oo has been credited with any rent to be received by such re-letting under option (a) hereof and such rent shall not be promptly pald to Landlord by the new tenant, or If such rentals received from such re-letting under option (b) hereof during any month is less than that to be pald during that month by Tenant hereunder, Tenant shall pay any such deficlency to Landlord. Such deficiency shall be calculated and due and payable in full immedlately upon Landlord's demand. No such re-entry of taking possession of the Premises by Landlord shall be construed as an election on the part of Landlord to terminate this Lease unless a written notice of such Intention is given to Tenant or unless the terminatlon thereof is decreed by a court of court of competent Jurisdiction, Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach, Should Landlord at any time terminate this Lease for any breach, in addition to any other remedy It may have, Landlord may recover from Tenant all damages incurred by reason of such breach, including the cost of recovering the Premises and the full amount-of Base Rent and Additional Rent, and other charges equivalent to rent reserved In this Lease for the remainder of the Lease Term immediately payable In full upon Landlord's demand for the same, _ 40, Landlord's Right to Perform. In the event that Tenant by falling or neglecting to do or perform any act or thing herein provided by it to be done or performed shall be In default hereunder and such fallure shall continue for a period If thirty (30) days after written notice from Landlord specifying the nature-of the act or thing to be done or performed, then Landlord may, but shall not be required to, do or perform or cause to be done or performed such act or thing (entering on the Premises for such purposes, If Landlord shall so elect), and Landlord shall not be or be held lable or Profaw:1 48604 ~(4- Sanat” in any way responsible for any loss, inconvenlence, annoyance, or damage resulting to Tenant on account thereof and Tenant shall repay to Landlord, on demand, the entire expense thereof, including compensation to the agents and employees of Landiord. Any act or thing done by. Landiord pursuant to the provisions of this Section shall not be or be construed as a waiver of any such default by Tenant, or as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of any other right or remedy of Landlord, hereunder or otherwise. All amounts payable by Tenant to Landlord under any of the provistons of this Lease, if not paid when the same become due as In this Lease provided, shall bear Interest from the date they become due until pald at the maximum contract rate of interest permitted by law. , 44. | Walver, The waiver by Landlord of, or the failure of Landlord to take action with respect to, any breach of any term, covenant, or condition hereln contained shall not be deerned to be a walver of any such term, covenant or condlifon, subsequent breach of the same, or any other term, covenant or condition therein contained. The subsequent acceptance of rent hereunder by Landiord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Lease, other than the fallure of Tenant to pay the particular rental so accepted, regardless of Landlord's knowledye of such preceding breach at the time of acceptance of such rent, 42. Remedies Curmulative. All remedies herein before and hereafter conferred on Landlord shall be deemed cumulative and no one exclusive of the other, or of any other remedy conferred by law, ~° "93.7" Landlord's Default, in the event Landlord is in default hereunder, Tenant shall give Landlord written notice thereof and Landiord shall have the right to cure such default within thirty (30) days of recelpt of notice thereof, provided, however, that If such default is of a nature which requires a greater number of days to cure, Landlord shall not be deemed in default hereunder if Landlord commences an appropriate cure of such default within such thirty (30) days and thereafter diligently proceeds to complete the cure thereof, | 44, Landlord's Liability. If Leardlord, or any successor In interest, shall be a nons-~~~-~ ~tneorporated-entity; there shall be no personal lability on any Incividual-or member of such mons mm incorporated entity regarding any of the provisions under this Lease. In the event of a breach of Landlord, Tenant shall look solely to the equity of Landlord in the Premises for the satisfaction of the remedies of Tenant. Tenant shall, In the event of the sale, transfer or assignment of Landlord's interest In the Premises or, in the event of any proceedings brought for the foreclosure of any mortgage covering the Premises, attorn to recognize such purchaser or mortgagee as Landlord under this Lease. In the event of any sale or sales of such real property, or assignment, transfer, or other conveyance of its rights under this Lease, the sald Landlord shall be automatically and entirely released of all covenants and obligations of Landlord hereunder; and It shall be deemed and construed, without further agreement between the partiés or their successors in Interest, or between the parties and the purchaser at any such sale, or the successor to Landlord by reason of any assignment, transfer, or other conveyance of Its rights under this Lease, that such purchaser or successor has assumed and agreed to carry out any and all covenants and obligations of Landlord hereunder, 45, SurrenderofLeased Premises, Tenant shall pay the rent and all other sums required ‘to be pald by Tenant hereunder in the amounts, at the times, and In the manner herein provided and shall keep and perform all the terms and conditions hereof on Its part to be kept and performed, Upon the expiration of the Lease Term, Tenant shall surrender the Premises In the same condition as existing upon delivery of possession thereof under thls Lease except as otherwise allowed herein, reasonable wear and tear only excepted, and shall surrender all keys for the Premises to Landlord at Its address then fixed for the payment of rent. Tenant shall remove all [ts furniture and furnishings and any alterations or Improvements before surrendering the Premises as aforesaid and Prolaws143804 -16+ shall repalr any damage to the Premises caused thereby. Tenant's obligation to observe or perform -thig covenant shall survive the explration or termination of the Lease Term, 48, Effect of Tenant's Holding Over, If Tenant holds over in possession of the Premises after the expiration of the Lease Tetm without the consent of Landlord and without renewing this Lease by some further instrument in writing, then such holdover shall be construed to be a tenancy, at sufferance; and the mere payment or acceptance of rent shall not be construed to be renewal of the Lease Term, in the event the holdover is continued with the written consent of Landlord, which consent will be in Landlord's sole discretion, then the tenancy shall be a tenancy at will from month to month at double the monthly rental required to be pald by Tenant for the period Immediately prior to expiration of the term hereof and shall otherwise be on the terms and conditions herein specified, 80 far as applicable, except that elther party may terminate this Lease by giving not less than fifteen (15) days' notice prior to the end of any monthly period. 47. Sales Tax. Along with and In addition to each monthly Base Rent payment or Additional Rent payment, Including all expenses to be Additional Rent, ‘Tenant shall pay to Landlord all applicable sales and privilege taxes, 48, Late Charge. Should Tenant fall to timely pay any rent,additional rent, charges or billings more than two (2) times during any Lease Year, then In addition to all the rights and - _remedies of Landlord under this Lease, |.andlord shall have,the.right,.in.its sole.discretion, without... -.- any notice to Tenant and without further demand, to collect a late charge equal to five percent (5%) of the payment then due. 49, Notices. Allnotices, demands, or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, byelther party hereto to the other, shall be deemed to have been fully given or made or sent when made In writing and deposited in the United States mall, certifled mall, return receipt requested, postage pepaid, and addressed as follows: we eT Landlord <> Ludwig-Law Firm,-PLO~ co tees in tee eee ceca nen ee cout camara . Attn: Mr. Gene A, Ludwig 8501 Pinnacle Valley Road Little Rock, AR 72223 To Tenant: MLC, Davis 11490 Emerald Coast Pkwy Miramar Beach, FL 32550 The address to which any notice, demand, or other writing may be given or made or sentto any party as above provided may be changed by written notice given by'’such party as above provided. 50, Attorney's Fees. if any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party as part of the prevaillng- party's: - costs all reasonable costs, charges and expenses, including without limitation attorneys! fees, paralegals' fees, or other legal costs expended or incurred in connection therewith, at trial or on ‘ appeal, thé amount of which shall be fixed by the court and shall be made a part of any Judgment or decree rendered, Including without limitation, all court costs, attorneys’ fees, paralegals’ fees, and other costs Incurred In the enforcement of any Indemnity hereunder. Profaw:14a684 ~16~ 51, Time ofthe Essence. Time is of the essence of this Lease and of each and every covenant, term, condition, and provision hereof, 82, Section Captions, The captions appearing under the Section number designations of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease, 33, Partles Defined, Use of Pronoun. The word