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

"Tenant" shall be deemed and taken to mean each and every person or party mentioned as Tenant hereln, be the same one or more, and if there shall be more than one such person or party, any notice required or permitted by the terms of this Lease may be given by orto any one thereof, The term "Landlord" shall refer only to the current owner of the. fee Interest in the Premises. The use of the neuter singular pronoun to refer to -Landlord or’Tenant shall be deemed a proper reference even though Landlord or Tenant may be an individual, a partnership, a corporation, or a group of two or more individuals or corporations. The necessary grammatical changes required to make the provisions of this Lease apply In the plural sense ‘where there is more than one Landlord or Tenant, and to elther corporations, associations, partnerships or Individuals, male or female, shall in all instances be assumed as though in each case fully expressed. 54. Consentand Approval, Whenever this Lease specifies that elther party has the right of consent of approval if elther party shall desire the consent or approval of the other on any matter regarding this Lease, such consent or approval shall be effective only fin writing and signed by the Gonsenting.or Approving Party, ewuesamee ee beeee wey tae Come in ie me mes wae one 55, Relationship of Parties. Nothing In this Lease shall be deemed or construed so as to create the relationship of principal and agent, partnership, joint venture or of any association between the partles including, but not limited to, the computation of rent, or any other act of the parties, it being understood that the parties’ sole relationship hereunder.is that of Landlord and Tenant. oe" 5e Entire Agreement: Modification, This Lease embodies and constitutes the entire - ~~ understanding between the parties. All prior or contemporaneous agreements, understandings; -- representations and statements, oral or written, are morged Into this Lease. Neither this Lease nor any provision hereof may be waived, modified, amended, discharged or terminated except by an Instrument In writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth In such Instrument. 57, Legal Interpretation, Landlord and Tenant acknowledge that this Lease was fully and jointly negotiated by the partles hereto and agree that there shall be no presumption that this Lease should be more severely construed against either party because such party may have drafted the particular language being construed, 58, Memorandum of Sub-Lease Agreement, Simultaneous with the execution hereof, the parties hereto shall execute the Memorandum of Sub- Lease attached hereto and by reference made a part hereof as Exhibit “B", which Memorandum of Sub-Lease shall, at Tenant's expense, be recorded ih the Public Records of Okaloosa County, Florida, 59, _ Binding Effect. The covenants and conditions herein contained shall, subject to the provisions as to assignment, transfer, and subletting, apply to and bind the heirs, successors, personal répresentatives, and assigns of all of the parties hereto; and, except as provided for hereln, all of the partles hereto shall be Jointly and severally liable hereunder. Prolaw:143004 ~(7~ 60, Partlal Invalidity. If any term, covenant, or conditlon of this Lease, or the application thereof to any person or circumstances, shail to any extent be Invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant, or condition to persons or circumstances other than those as to which It is held invalid or unenforceable, shall not be affected thereby; and each term, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. 61, licable Law, This Lease Is made In and shall be construed according to the laws of the State of Florida. 62, Zoning Ordinances and Restrlations, This Lease, Including but not limited to the Renewal Option provided for herein is subject to all easements and restrictions of record and all zoning ordinances and restrictions and limitations of record regarding the same. 63, Limited Llability Company as Tenant, Inasmuch as Tenanthereln Is a limited llablity company, simultaneously with the execution of this Lease Tenant shall dellver to Landlord a properly . executed corporate resolution authorizing sald Company to enter Into this Lease, together with a Cartificate of Incurnbency for said Company; and Tenant shall also furnish to Landlord a Certificate & Good Standing from the state of its formation, which certificate shall show that sald corporation Is validly incorporated’ and la In good standing under the laws of that state and is duly qualifled as a foreign corporation In Florida. » 84... Brokerage, ‘Tenant.doas hereby-warrant.and represent-io Landlord thatTenanthas-- - --- “been represented by_N/A__ In the negotlatlons of this Lease, Tenant does hereby agree to hold Landlord harmless, and indemnify Landlord, against any and all claims for damages made by any other broker clalming by or through Tenant, IN WITNESS WHEREOF, the partles have executed thls Lease on the day and year first above written, LANDLORD: Col pes herdauta By: Whness #2 Yorint 6 bal BR enemy a, TENANT: Witness #1 (print name below) i MC. Davis, as Trustee of the M,C. Davis 2006 Trust dated March 15, 2006 Witness #2 (print name below) Date: Prolaw:143604 : «48» 60, Partlal invallelity, If any tearm, covenant, or condition of this Lease, orthe application thereof to any person or circumstances, shall to any extent be Invalld or unenforceable, the remalnder of this Lease, or the application of such term, covenant, or condition to persons or - olroumstances other than those ag to which Itls held Invalid or unenfordeable, shall not be affected thereby; and each term, covenant or condition of this Lease shall be valid ane be enforced to the fullest extent permitted by law. ° 61. Applicable Law. This Lease ts made In and shall be construed according fo the laws of the State of Florida, 62, Zoning Ordinances and Restrictions, This Lease, Including but not limited to the Renewal Option provided for hereln fs subject to all eassments and restrictions of record and all zoning ordinances and restrictions and limitations of record regarding the sarne, 63,, Limited Liabllity Company as Tenant. Inasmuch as Tenant herein Is a limited lability company, simultaneously with the execution of this Lease Tenant shall deliverto Landlord a properly executed corporate resolution authorizing sald Company te enter Into this Lease, together with a Cartificate of Ineumbency for said Company; and Tenant shail also furnish to Landlord a Certificate a Good Standing from the state of Its formation, which certificate shall show that sald corporation la valldly Incorporated and is In good standing under the laws of that state and Is duly quallfied as a forelgn corporation in Florida, beer represerited by N/A In the negotlatlons of this Lease. Tenant does hareby agree to hold Landlord harmless, and indemnity Landlord, against any and all claims for damages mace by any other broker claiming by or through Tenant, IN WITNESS WHEREOF, the parties have executed thls Lease on the day and year first above written. i, LANDLORD: ~~ | LUDWIG LAW FIRM, PLG, an Arkansas i f ‘winess (pent netme Psion) professional limlted flabllity company | «By: ‘ Witness #2 (print name below) Gens A, Ludwig, as Manager Dater _ , | - TENANA: Witness #1 (print name below) ‘ { : Soin Crom bess MeL ; ; } LAAN all Lodi M,C. Davis, ag’ Trustee of the M,C. Davis 2006 Trust dated March 15, 2006 pater July a6 dor —) j Frolaws143604 ‘ #48. “4” “Baketada, Tefiatit dégs héreby wertantand represent to Landlord thet Tenant has ee ee ee ee LEGEND et, ee nie mete rade rsuiny ie mere ee Rees, semen nt tg, ased ao einen arene ne “ ear tage rannh yee | mer tes, amen te TARE eA ne aetveteameaner a atinnnd 1s - Aeeeaal + Bada ean hase, Bo uneviie Br Feeney te Manan $ wwea te Merete G maeet coal > ones Bm > wee Sess OB pbmmestingtia es rn Reed re 3. near er somemmmianec Acaahe pt eae oe Fore ae sh ne seen re Ro etnies iat a] oO eee tages Oe a whe a settee pibietndire ' Bor Ue % ~ own | aed Ao a ower ‘ == = | EMERALD OGRSTASSCRIATES INC. [mx ower | DESTH HANGARS Yt = = SDOY, att PATE, Geet! | JED ANEEN) LANDSCAPE PLAN [278% S “Seener ae eee | een ace — = ~_ - bdidhommaid 7 wanaalalltl ue a Rar 5 ore |_arcore. | Misee » poriang,Page 10d” Instr # 2618778 BK: 286 008 at 02:50 PM, Ronn es £.00 RECORDING ARTICLE V; $12.00 This Instrument prepared by and after recording return to: DUNN NTY. FL Leo J, Salvatorl, Esq. DEPUTY CARD: ERK, OF COURTS, OKALOOSA COU Salvator! & Wood 4001 Tamlaml Trall North, Sulte 330 Naples, Florida 34403 EXHIBIT B MEMORANDUM OF SUB-LEASE AGREEMENT . This is the Memorandum of that unrecorded Sub-Lease Agreement ("Lease") dated July __, 2008, between LUDWIG LAW FIRM, PLC, as Arkansas professional limited llability company ("Landlord"), and MC. DAVIS, as Trustee of the M.C, Davis 2006 Trust dated March 15, 2006 ‘ ("Tenant"), concerning the Building(s) (the “Premises”) located at 1001 Alrport Road, Hangar A, Bay 5, Destin,-Florida, also known as Alrplane Hangar #5, Destin Alrport, Destin, Florida. This Memorandum shall expire on July 29, 2028. oo ccc ". Forgood and valyable,consideration, Landlord. has, agreed: to lease to Tenant,.and.Tenant. . has agreed to lease from Landlord, the Premises upon the terms and conditions set forth in the unrecorded Lease, which terms and conditions are incorporated in this Memorandum by this reference, Pursuant to Section 713.10, Florida Statutes, Landlord and Tenant expressly give notice to all persons whomsoever and all entitles that Landlord's Interests In the Premises and the lands described on Exhibit A shall not be subject to liens for improvements made by Tenant to the Premises. | Nothing in the Lease or in this Memorandum shall be construed as in any way constituting a consent or request'by Landlord, express or implied, by inference or otherwise, to any contractor, - subcontractor, laborer, or materialman for the performance of any labor or the furnishing of ariy materials for any specific or general improvement, alteration, or repair of arto the Premises orto any buildings or improvements thereon or to any part thereof. Pursuant to Section 713.10, Florida Statutes, It is the Intent of the partles hereto that Landlord's interest In the Premises shall not be subject to any liens filed because of Tenant's failure to make payments In connection with any buildings or Improvements installed or constructed on the Premises. This Memorandum is not a complete summary of the Lease. Provisions of this Memorandum shall not be used In Interpreting the Lease, In the event of conflict between this Memorandum and the Lease, the Lease shall control. Prolaw: 143604 4 hy 2 INWATN ESS WHEREOF, the parties have executed this Memorandum on the day of uly, . LANDLORD: Witness #2 fre a below) a fwig, as Manager AR6 soe wid \ TENANT! 0+ Witness HH (print name below) M.C. Davis, as Trustes of the M.C, Davis Witness #2 (print name below) ; 2006 Trust dated March 18, 2006 Pr ee ee ee Ce en ee er i STATE-OF : i GOUNTY OF - The foregolng was acknowledged before me this Jy day of July, 2008, by Gene A. Ludwig, as Manager of LUDWIG LAW FIRM, PLC, an Arkansas professional {mited lability company, and who Is personally Known to me, or presented er Ben as Identification. i Men CH "4 Segoe eh wn, Cs rs CWS. SIF SN, Se US ROTARY PUBLIC . esti e/g ee Ciremtan Ee Clelelve/ = aN 1 6f BRED, PRINTED GRSTAMPED NAME OF NOTARY BOW, © gf SHY COMMISSION EXPIRES: GO Fane eS 4, “ STATE OF FLORIDA “en{lasKyys™ COUNTY OF i The foregoing was acknowledged before me this day of July, 2008, by M.C, Davis, as Trustee of the