Okaloosa County BOCC — September 16, 2014 — Oddfellow Lease and Amendment — reading text

Lessor and Lessee on the dates of their respective signatures. MIRACLE STRIP LODGE NO. 60 IOOF CRoY EY KOONTZ V Treasurer (Seal) Date: In Presence Of: Vera 2 Ranvier OKALOOSA COUNTY ATTEST: “TA OF COUNTY COMMISSIONERS | iy awl} y WTEN C ml Cin os WILLIAM J. ROBER#S ITI ~ CHAIRMAN PARKING LOT LEASE oh? JOHN R. DOWD ATTORNEY AT LAW P.0,BOX 404 SHALIMAR, FLORIDA 32579 This Lease is made and executed in duplicate by and between MIRACLE STRIP LODGE NO. 60 IOOF, herein called Lessor, and OKALOOSA COUNTY, a Polite Subdivision of the State of Florida,, herein called Lessee. - DESCRIPTION OF PREMISES-EXCEPTIONS: Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, its interest in the real property and improvements located thereon as described as follows: As per Exhibit A attached hereto. Lessee has inspected the aforesaid property and leases the same in an "as is" condition. 2. TERM: The. term of this lease is-Ten (10) _ 3 years commencing onthe © date .-of execution hereof by . ‘Lessee. 3. RENT: Lessee covenants and agrees to pay as -. rent for the premises | Twenty Four Hundred Dollars. ($... ‘for the first five year ‘term of this lease with the first such ‘payment " Lessee; submitted upon execution hereof by to. be the annual rent for the second five year OHN R. DOWD : oe ATLAW a . commence three -the - Lease, _ hot to. -use, = “other | purpose “period of time period of this lease shall be increased to reflect the increase in the Consumer Price Index from the date of the original . execution hereof by both parties to the date which is five years thereafter, which for purposes of this Lease is calculated by the U. S. Department of Labor and Statistics. . 4. USE OF PREMISES: ‘The premises are leased to be utilized as a parking lot for the Okaloosa County Water and Sewer Building. Lessee shall grade, fill, and the area © cost ‘of all pave leased with the improvements made to . be paid'by Lessee. Lessee shall the construction = of the « parking lot. within’ (3) months of obtaining the approval of ‘Lessor ‘to. “Mees f° proposed improvements | “or” “the Wee, sgn ys wo wos Pee a Nee *t Re wf “occurs: * Lessee execution # of this” whichever - “later agrees” to restrict the use of. the. premises toa parking lot and or permit. the: “use: of: “the premises. for any . not | stated | without ‘first specifically obtaining the. consent. in writing of Lessor. / Lessor ‘shall have the right. ‘to. jointly utilize the "premises as a. parking. lot for its, lodge seatbas” with” ‘said © right “to. “be waived - ‘during ‘the necessary for “the improvements to be a made to the same. Lessor agrees to submit with this Lease a schedule of its Lodge functions and not to JOHN R. DOWD "ATTORNEY AT LAW P.O. BOX 404 SHALIMAR, FLORIDA 2) the erection, existence, or: “removal” of such signs. At substantially increase said functions without the written consent of Lessee. 5. COMPLIANCE WITH LAW: During the continuance of this Lease, the leased premises shall not be used for any purpose or construction shall not be commenced or pursued in violation of any federal, state, county or municipal statute or ordinance, or of any regulation, order, ox directive of a governmental agency, as such statute, ordinance, regulations, orders or directives. now exist or may hereafter provide, concerning ‘the | use and - safety of the premises or the construction thereon. “6. LESSEE’S RIGHTS AS TO “SIGNS: | Lessee may, at its own risk and expense, erect or place in a lawful manner signs concerning its activities on the premises. Such signs shall always indicate that the leased “premises are a parking — ‘area. “Lessee shall maintain such signs” ina good state of repair, and shall repair . sy RO gg -any damage that™ may-have been’ ‘done. ‘to the premises by . the send of the. * peasde’' ‘shall ‘remove the “3 igns . ee Nee ig "requested to ‘do so > by’ Lessor. ¢ 7. RIGHT OF LESSEE TO -MAKE IMPROVEMENTS OR ALTERATIONS : Lessee shall not ‘improve or alter the JOHN R. DOWD : ATTORNEY AT LAW P.0. BOX 404 SHALIMAR, FLORIDA Pag ig, S2STB Se _ condition and repair. Lessor agrees. _ attendance at its Lodge functions. demised premises in any manner without the prior. written consent of Lessor but shall, before making any improvements or alterations, submit plans and designs therefor to Lessor for its approval, including a proposed time schedule for completion. In the event that the plans and designs are disapproved, such improvements or alterations shall be made only with such changes as may be required by Lessor. All improvements or alterations erected or made on the demised premises shall on ..expiration or sooner termination of this Lease belong to Lessor without compensation to Lessee... Lessor agrees that | “upon ~ execution hereof it has approved - the plans for the construction of the parking lot. 8. DUTY TO MAINTAIN’ PREMISES - IN GENERAL: Lessee agrees, at its own expense, ‘to maintain the. ‘leased premises and appurtenances © thereto in. good to | repair any BE: ‘damage « done’ by any person utilizing the: parking lot ‘for % 9... NO__ ASSIGNMENT OR_ _SUBLEASE “WITHOUT LESSOR’ so. : omanavés’” “nowsi shall “not assign this. Lease, or ciany interest herein, or sublet the leased premises, or any 4 | part thereof, or any right or privilege appurtenant thereto, or allow any person other than Lessee and its JOHN R. DOWD _ATTORNEY AT LAW P.0. BOX 404 | | SHALIMAR, FLORIDA yep: S287@ ‘CONSENT OF LESSOR NOT GIVEN: _ ‘Nothing in ‘this ‘ease ‘agents, employees and the general public to use the premises or any part of them, without first obtaining Lessor’s written consent thereto. Lessor’s consent to one assignment, sublease, or use shall not be a consent to any subsequent assignment or sublease, or occupancy or use by another person. Lessee’ interest in this lease is not assignable by operation of law without Lessor’s written consent. : 10. UTILITIES: Lessee shall install lighting for the parking area. hereby leased commensurate with the lighting utilized for the current parking area of the Water and Sewer Building at Lessee’s expense, and Lessee shall pay for all electric power ‘required to light the parking lot from and after the commencement -of the term hereof, this obligation terminating upon the termination of this Lease. ll. OPENING AND CLOSING TIMES: Lessee ‘shall keep . the parking lot open at all times unless the written “ gonsent’ of Lessor is ‘obtained to close the same. e during - certain periods of time. 412, RESTRICTION _AGAINST _MECHANICS ‘ _LIENS_ OLS! shall be deemed or construed in any way as constituting the consent or request of Lessor, express Or implied, 5 by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the JOHN R. DOWD SU ATTORNEY AT LAW _ 7, P.O. BOX 404°. > SHALIMAR, FLORIDA performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the demised premises or any part thereof, nor as giving Lessee the right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the demised premises or any part thereof. 13. MANNER OF GIVING NOTICE: Notices given) pursuant to the provisions of this Lease, or necessary to carry out its provisions shall be in writing, and delivered personally ‘to the person to whom the. notice is to be ‘given, ‘Ox mailed postage prepaid, addressed to such person. Lessee’s address for this purpose shall. be Chairman, Board of - County Commissioners, Okaloosa County Courthouse,’ Crestview, Florida 32536. Notices:... to Lessor shall be to thé address first above given, or... may be to Lessor at the ‘premises leased. * Q ied ah mated i ath wide oe EFFECT OF. LESSOR’ WAIVER: ‘Lessor’ s waiver) — a hes om of a breach | of any? wey Lease shall ‘not “be one. “covenant! vor’ condition of this | 15. LEASE APPLICABLE TO SUCCESSORS: This Lease and the covenants © and conditions hereof apply to and JOHN R. DOWD "ATTORNEY ATLAW P.O. BOX 404" SHALIMAR, FLORIDA . 82579" warrants that’. it «for. and ‘performance, promises, are binding on the heirs, successors, legal representatives, and assigns of the parties. Time is of the essence of 16. TIME OF ESSENCE: this Lease. 17. INDEMNITY AND HOLD HARMLESS: Lessee shall indemnify and hold harmless Lessor against all expenses, liabilities, and claims of every kind, including reasonable counsel fees, by or on behalf of any person or entity arising out of Lessee’s utilization of the leased premises as a parking lot. Lessor shall indemnify and hold harmless Lessee against all expenses, liabilities, and claims. of every kind, including’ reasonable counsel fees, by or on behalf of any person or entity arising out of Lessor’s utilization of the leased premises as a parking lot, unless such claim arises out .of Lessee’s failure to . comply with the provisions of « Sections 8 and 10 hereof. 18. QUIET ENJOYMENT. “Lessor hereby covenants and is. the owner Of the demised premises _ and = that: Lessee, upon payment of rents: herein ‘provided of . “the conditions, covenants, and agreements on its part: to. be performed, shall and may peaceably possess and enjoy the demised 7 premises during the term hereof without any interruption or disturbance. JOHN R. DOWD ATTORNEY AT LAW _ PO.BOX404 SHALIMAR, FLORIDA. ere 32579 | seat) _ ; i ine 19. TAXES. Lessee” shall pay promptly when aque all sales taxes or ad valorem taxes resulting from this lease. 20. RENEWAL. Lessor grants Lessee an option to renew this lease for an additional term of ten (10) years after the expiration of its original term, on the same terms as this lease, except that the parties shall renegotiate the rental. In the event the parties are not able to agree to the renewal rental, said rental shall be increased to reflect the _increase in the Consumer Price Index from the date of the original execution to the date of the,exercise of the renewal option. | | a | 21. LAWFUL “AUTHORITY TO..-ENTER LEASE. Lessee hereby. covenants that it. has lawful authority to enter into this Lease, and , that” it! has taken all actions prerequisite to enter into this Lease. IN WITNESS WHEREOF. Lessor has executed this Lease on this the /¢- day of fet: "1994. “* eG (60 IOOF MIRACLE STRIP. OD E. NO. N pee. OF: “eC Life aman A y STATE OF FLORIDA apt % rare OHN R-DOWD,, ,..: ATTORNEY AT LAW PO. BOX 404” SHALIMAR, FLORIDA Suess BBD eS! oh COUNTY OF OKALOOSA Before me personally appeared Pou E. Koowtz as to me well known and known to me to be the person described in and who executed the foregoing instrument and acknowledged under oath to and before me that he/she has full authority to execute and executed said instrument in the capacity and for the purposes therein expressed. WITNESS MY HAND and official seal this the and tia day of march , 1994. Fe st AlN VAUGHN NE Vaugh— SOP A", ay conenussi0n # Co 178608 NOTARY PUBLIC GEPIRES: March 78, 1996 S Borwisd Thre Notary Putfis Underwitters ak Ro] My Commission Expires: ”. Clerk of Court 4 3-ISQU Notary #: (1¥%50 - IN WITNESS WHEREOF, the Lessee having accepted this Lease by official action this the 22nd. day Bae of February, 1994, Lessee has hereunto set its . . hand and seal on this the 22nd ” day of February, 1994. LOE NEWMAN C.” BRACKIN GKALGDSA COUN WATER & SEWER SYSTE MIRACLE STRIP LODGE/ODDFELLOW HATy, LEWIS TURNER BOULEVARD PARKING AREA: LEGAL DESCRIPTION SECTION 35, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY FLORIDA; THENCE, SOUTH ALONG THE WEST LINE OF SAID SECTION 35 FoR A DISTANCE oF 337.50 FEET; THENCE, EAST 30.00 FEET TO THE POINT OF BEGINNING; THENCE, EAST 100.00 FEET; THENCE SOUTH 150.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 189