Fort Walton Beach Council agenda — 06-02-09 special — reading text

Lessee' s personal property that is not permanently affixed to the premises, repair all injury done by or in connection with the installation or removal of the personal property, and surrender the premises in as good condition as they were at the beginning of the term, excepting reasonable wear and tear not due to the misuse or neglect by Lessee. All property of Lessee remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by City, and Lessee shall reimburse City for the cost of the removal. City may have any abandoned property stored at Lessee's risk and expense. . 10. Abandonment Lessee shall not, without first obtaining the written consent of the City, abandon the premises, or allow the premises to become vacant or deserted. 11. Assignment, Sublease, or Rental Lessee will not, without first obtaining the written consent of the City, (a) assign, convey, or mortgage this lease or any interest under it; (b) allow any transfer or any lien on Lessee's interest by operation of law; ( c) sublet the premises or any part of them; or (d) permit the use or occupancy of the premises or any part of them by any person other than Lessee. The City as the owner of the premises may assign or otherwise transfer or convey all of its rights as owner and lessor under this lease. 12. Insurance on premises a. Liability & Property Insurance Lessee shall, during the entire term of this lease, keep in full force and effect a policy of liability and property damage insurance covering the premises and all activities conducted thereon, in which the limits of liability shall be no less than the standard insurance requirements in effect by the City on the date of execution of this lease. Such insurance policy shall name the City as an additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving City thirty (30) days prior written notice. b. Indemnification Lessee will indemnify and defend the City and its officers, agents, representatives and employees harmless from and against all claims, actions, damages, liability and expense in connection with loss of life, personal injury and /or damage to property arising from or out of any occurrence in, on, or at the premises or the occupancy use by Lessee of the premises or any part of the premises occasioned wholly or in part by any act or omission of Lessee or those holding under Lessee or Lessee's agents, employees, or customers. In the event that City shall, without fault on its part, be made a party to any litigation commenced by or against Lessee, Lessee shall protect and hold City and its agents, representatives and employees harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by City, or any of them, in connection with any litigation. Lessee shall also pay all costs, expenses, and reasonable attorney's fees that may be incurred or paid by City in enforcing the terms, covenants and obligations of this lease on Lessee's part to be performed. Lessee shall fully comply with all health and police regulations of insurance carriers writing policies covering the Building. C. Sovereign Immunity Nothing herein shall be deemed to be a waiver by the City of its rights to sovereign immunity. 13. Default If Lessee defaults in the payment of rent or in the performance of any of the other covenants or conditions of this agreement, City may give Lessee notice of that default. If Lessee does not cure any rent or default within ten ( 10) days, or otherwise on or before the date required by the City, then City may terminate this lease on not less than five ( 5) days' notice to Lessee. On the date specified in the notice of termination, the term of this lease shall terminate and Lessee shall then quit and surrender the premises to City. This provision shall not limit the City' s right to seek any other available remedy allowed by law. 14. Effect of Failure to Insist on Strict Compliance With Conditions The failure of either party to insist on strict performance of any covenant or condition of this agreement, or to exercise any option contained in this agreement, shall not be construed as a waiver of that covenant, condition, or option in any other instance. 15. Effect of Other Representations No representations or promises shall be binding on the parties to this agreement except those representations and promises contained in this lease or in some future writing signed by the party making those representations or promises. This lease cannot be changed or terminated orally. 16. Peaceful Enjoyment City covenants that if and so long as Lessee pays the rent as provided in this lease and performs the covenants of this lease, Lessee shall peaceably and quietly have, hold, and enjoy the premises for the term mentioned here, subject to the provisions of this lease. 17. Estoppel Certificate Lessee will from time to time on not less than ten ( 10) days prior request by the City, deliver to the City a statement in writing certifying ( a) that this lease is unmodified and in full force and effect; ( b) the dates to which the rent and other charges have been paid; and ( c) that Lessee is not in default under any provision of this lease. 18. Miscellaneous a. Section Headings The section headings in this lease are intended for convenience only and shall not be taken into consideration in any construction or interpretation of this lease or any of its provisions.  b. Executed in Duplicate Provisions inserted in this lease or affixed to it shall not be valid unless the provisions also appear in the duplicate original lease held by City. In the event of variation or discrepancy, City's duplicate shall control. C. Recording at Lessee' s Expense The City, at its discretion, may have this lease recorded and invoice Lessee for the cost of such recording. Lessee shall pay the cost of recording within ten days of issuance of the invoice. Duly Executed: 2009 Emerald Coast Wild Life Refuge, Inc. Dated DOM Witness Amanda Wilkerson President Printed Name: Witness Printed Name: Before me, the undersigned notary, on the _ day of June 2009 personally appeared Amanda Wilkerson, in her representative capacity as President of Emerald Coast Wild Life Refuge, Inc., who is personally known to me or has produced identification: Notary Public  2009 City of Fort Walton Beach Dated Attest: M Mike Anderson, Mayor City Clerk Before me, the undersigned authority, on the day of June personally appeared Mike Anderson and Helen Spencer, in their representative capacity as the City Mayor and the City Clerk, did execute this instrument in the name of the City of Fort Walton Beach, Florida. Notary Public Prepared by, and approved as to form and legal sufficiency by: Toni L Craig Fla. Bar No 115444 c/ o PO Box 4009, Fort Walton Beach FL 32549 Attorney for City of Fort Walton Beach  5. 12 ACRES AT 55 HILL AVENUE That part of the Northeast Quarter of Section 17, Township 2 South, Range 24 West in the City of Fort Walton Beach Commerce and Technology Park, Okaloosa County, Florida, being more particularly described as follows: Commence at the 4 inch by 4 inch concrete monument marking the northeast corner of said Section 17 for the point of reference; thence proceed North 87 degrees 27 minutes 20 seconds West (Reference Bearing) along the north line of said section a distance of 80.00 feet to a point on the west line of an 80 foot strip of City property; thence South 02 degrees 37 minutes 00 seconds West along said west line a distance of 1249.90 feet to the Point of Beginning of the land to be described; thence continue South 02 degrees 37 minutes 00 seconds West along said west fine a distance of 284. 38 feet; thence North 87 degrees 23 minutes 00 seconds West a distance of 806. 13 feet to a point on the east right-of-way of Hill Avenue ( 100' R/ W), said right-of-way line being a curve of radius 4708.28 feet concave to the West; thence proceed along said curve a distance of 287.37 feet with a chord bearing of North 10 degrees 49 minutes 37 seconds East and chord distance of 287. 33 feet; thence South 87 degrees 23 minutes 00 seconds East a distance of 765. 10 feet to the Point of Beginning. The above described tract containing 5. 12 acres, more or less. RESERVING to the City of Fort Walton Beach, Florida, its successors and assigns, a ten foot easement for the installation, maintenance, repair and servicing of utilities for the benefit of the City Fort Walton Beach, Florida, along the west property line of the above described property, adjoining the east right-of-way line of Hill Avenue. AND RESERVING to the City of Fort Walton Beach, Florida, its successors and assigns, a twenty-five foot easement for access and the installation, maintenance, repair and servicing of utilities for the benefit of the City Fort Walton Beach, Florida, along the north property line of the above described property. SUBJECT TO all existing easements of record. Prepared By: Nancy McDonald City of P ort Walton Beach Engineering Department May 27, 1997 Revised Sept. 1, 2004 DADPT020C\ Docs1Lega1 Description0nd Pk Area1HILL55.doc  5. 12 ACRES AT 55 HILL AVENUE NORTH SEC. LINE POINT OF REFERENCE REFERENCE BEARING 4" x 4" CONCRETE N 87' 27', 20* W MONUMENT MARKING 80. 0o, N. E. CORNER SEC. 17- 25 - 24W 9 N F 17 16 SCALE 1" = 200' MAY 28, 1997 REVISED 9/ 1/ 04 arn n THIS IS NOT A SURVEY 0 DWG\ IND\ 55HILL.DWG ry MAB