Fort Walton Beach Council agenda — 01-09-2007 workshop agenda — reading text

the Complex. The CONTRACTOR" may provide interior signs at his discretion. SECTION 9: JNSURANCE A. LIABILITY INSURANCE. The " CONTRACTOR" shall, during the term, and at his sole expense, obtain and keep in force, with the " CONTRACTOR" and the " CITY" each named as additional insured, comprehensive public liability insurance, personal injury, bodily injury, broad form property damage, operations hazard, owner's protective coverage, contractual liability and products and completed operations liability in limits not less than $ 500. 000 inclusive ( the aggregate limits of such insurance to apply specifically to the Tennis Center Complex). The " CONTRACTOR" shall also maintain at the " CONTRACTOR' S" expense " All Risk" Physical Damage insurance for the CONTRACTOR' S" property (personal property, fixtures and leasehold improvements in excess of Building Standards) in or on the Tennis Center Complex for the full insurable value thereof, including an endorsement provided for " loss of income" coverage. The CONTRACTOR" shall furnish evidence satisfactory to the " CITY" of the existence of and maintenance of such insurance prior to or contemporaneous with the commencement of the term and thereafter at least fifteen ( 15) days prior to the date on which such policy is required to be renewed. The " CONTRACTOR" shall obtain a written obligation on the 10  part of each insurance company to notify the 1'CITY" at least thirty ( 30) days prior to the cancellation of each insurance. B. WORKER'S COMPENSATJON. The " CONTRACTORII shall maintain in force a policy for worker' s compensati.on insurance and unemployment compensation insurance in compliance with applicable Florida law. C. INDEMNITY. The" CONTRACTOR" shall protect, defend, indemnify and hold the CITY" and the " CITY' S" officials and employees, harmless from all claims, demands, causes of action or liability, resulting rrom injury to or death of persons or damage to or loss of property sustained on or about the Tennis Center Complex and arising rrom the CONTRACTOR' S" operations or as a proximate result of the acts or omissions of the CONTRACTOR" or its employees, agents, invitees or guests. The " CONTRACTOR" shall also pay any legal expenses the " CITY" may incur in establishing that the CONTRACTOR" or the " CONTRACTOR'S" insurer is responsible under this section. This provision does not apply, however, to any such liability as may be the result of the direct and proximate negligence or willful misconduct of the " CITY" or ICITY'SII employees or agents acting within the scope or their employment or agency or users of the " CITYII retained areas. SECTION 10: WATER DAMAGE The " CITY" shall not be liable for any damage to the " CONTRACTOR' S" inventory and merchandise done or occasioned by or from plumbing, gas, water, steam or other pipe or sewage or the bursting, leaking or running of any cistern, sink, wash stand, water closet or waste pipe in, above, upon or about said Tennis Center Complex, nor for damage occasioned by water being upon or coming through the roof, skylights, trap door, or 11  otherwise, nor for any damage arising ITom acts of negligence of the " CONTRACTOR" or other occupants of the Tennis Center Complex. SECTION 11: ASSIGNMENT AND SUBLETTING The " CONTRACTOR" shall not assign this lease agreement or sublet all or any portion of the Tennis Center Complex without prior written consent of the " CITY". The CONTRACTOR" shall notify the " CITY".of any proposed assignment or subletting at least sixty ( 60) days prior to the proposed effective date, and the " CITY" shall in good faith endeavor to respond within sixty ( 60) days. In the event that any such assignment or subletting is approved by the " CITY", the assignee or subleasee shall agree in writing to be bound by all of the convents of this lease agreement required of the " CONTRACTOR". The " CITY" shall have the unqualified right to assign its rights and obligations under this lease agreement, but such assignment by the " CITY" shall the any not impair CONTRACTOR' S" rights under this lease agreement. Assignment approval of this lease agreement by the " CITY" shall be conditioned upon the payment by the " CONTRACTOR" of the sum of two hundred fifty ($250. 00) dollars, which shall be non- refundable, to cover the " CIT~ S" administrative costs and legal expenses which are incurred in the " CITY' S" review of the documents effecting assignment. If the " CONTRACTOR" shall assign or sublease the Tennis Center Complex for a rental in excess of the amount stipulated in this lease agreement, such excess rental shall be payable to and shall belong to the " CITY". 12 SECTION 12: FAILURE TO OPERATE In the event the " CONTRACTOR" closes the Tennis Center Complex for a total of ten 10) days, in any rolling twelve ( 12) month period, ( excluding periods of natural disaster and Holidays in which the " CITY" agrees to be closed), regardless of whether or not the CONTRACTOR" is then paying rent, the " CITY" may cancel this lease agreement by giving written notice to the " CONTRACTOR" of its" intention to cancel. Should the IICITY" elect to terminate this lease agreement as provided herein, the " CONTRACTOR" shall pay to the " CITY" any sum due under this lease agreement to the date of termination, which date shall be fifteen ( 15) days after the date of the notice given by the " CITY". Upon termination of this lease agreement as aforesaid, the II CITY" and the CONTRACTOR" shall be released and relieved from the performance of all further obligations under this lease agreement as of the date of such termination, but not from any obligations accruing up to the date of such termination. SECTION 13: DEFAULT Each of the following shall be deemed a default by the " CONTRACTOR" and a breach of this lease agreement: A. The filing of a petition by or against the " CONTRACTOR" for adjudication as a debtor within the meaning of Chapter 7 or Chapter 13 or other provisions of the Bankruptcy Act, as now or hereafter amended or supplemented, or for reorganization or arrangement within the meaning of Chapter 11 of said Bankruptcy Act, or the filing of any petition by or against the " CONTRACTOR" under any future bankruptcy act for the same or similar relief; 13 B. The dissolution of the commencement of any action or proceeding for the dissolution or liquidation of the " CONTRACTOR", whether instituted the by or against CONTRACTOR" or for the appointment of a receiver or trustee or the property of the CONTRACTOR"; C. The taking possession of the property of the " CONTRACTOR" by any governmental officer. or agency pursuant to statutory authority for the dissolution, rehabilitation, reorganization or liquidation of the " CONTRACTOR"; the levying by any governmental officer upon the " CONTRACTOR' S" leasehold estate is attempted to be sold under any execution or process of law; D. The making by the " CONTRACTOR" of any assignment for the benefit of creditors. If A)" shall be involuntary on the part of the " CONTRACTOR", the event in question shall not be deemed a default within the meaning of this lease agreement in the absence of an adjudication hereof or final order thereon, and if either "( A)", u(B)" or "( C)"above shall be involuntary on the part of the " CONTRACTOR", the event in question shall not be deemed a default within the meaning ofthis lease agreement if dismissed or vacated by the CONTRACTOR" within sixty ( 60) days thereof; E. A failure to pay any sum herein reserved, or any part thereof, for a period often (10) days after notice; F. Failure to take possession of the Tennis Center Complex and open for business within ten 10) days after notice from the " CITY" that the Tennis Center Complex are ready for occupancy by the " CONTRACTOR"; 14 G. Failure in the performance of any other covenant or condition of this lease agreement on the part of the " CONTRACTOR" to be performed, for a period of ten (10) days after notice. For. the purpose of subdivision "( G)" hereof, no failure on the part of the CONTRACTOR" in the performance of work required to be performed or acts to be done or conditions to be modified shall be deemed to exist if steps shall have, in good faith, been commenced promptly by the " CONTRACTOR" to rectify the same, and shall be prosecuted to completion with diligence and continuity. In the event of any such default of the " CONTRACTOR", the " CITY" may serve a written notice upon the CONTRACTOR" that the " CITY" elects to