Okaloosa County BOCC — 2013 meeting #1139 (date undetermined) — Facility Management Lease - Renewal — reading text

Facility Management Lease Between Board of County Commissioners Okaloosa County, Florida To Baker Area Recreation Association The Board of County Commissioners, Okaloosa County, Florida (Hereinafter referred to as “COUNTY?”) leases to Baker Area Recreation Association Inc. (Hereinafter referred to as “LESSEE”) the property known as the Baker Recreation Center. The center encompasses the community center main building, open arena, caretakers home, covered stalls and barns, covered arena with overnight camping facilities, parking areas and walking track. This lease is effective the Ist day of July, 2013. For and in consideration of the use of the Baker Recreation Center, the parties hereto agree as follows: 1. LESSEE is granted sole authority to manage the horse arenas and reception hall for events organized or approved by LESSEE throughout the year. During times the LESSEE has no events scheduled, LESSEE shall allow the general public to use the premises without charge. Additionally, LESSEE is granted sole authority to use and/or lease the mobile home. 2. All organizations or vendors authorized to schedule events by the LESSEE shall carry adequate commercial liability, workers compensation and other insurance to protect the interest of the COUNTY and the LESSEE. The nature and activity of the event shall determine the amount of insurance required; however, the amount of such liability coverage shall not be less than a combined single limit of one million dollars ($1,000,000.00). In addition, such organizations and vendors shall sign an indemnification and hold harmless agreement in favor of the COUNTY and the LESSEE. Pavilion (Reception Hall) events or use to be excluded from liability coverage but must sign hold harmless as stated above. 3. LESSEE is responsible for maintaining the premises in a clean and sanitary condition. This includes housekeeping and lawn maintenance of the area in and around the horse arenas, reception hall, and mobile home. All trash and waste material shall be removed promptly. LESSEE is responsible for all telephone and office expenses it incurs. 4. COUNTY shall pay the water, natural gas and electric utilities. COUNTY shall perform major repairs to the playground equipment as needed. COUNTY shall consider funding through the County’s annual budget process for any major repairs to the arena and reception hall. 5. Both LESSEE and COUNTY shall cooperate in securing financial grants to renovate and improve the premises. 10. 11. 12. 13, 14, LESSEE agrees to utilize revenues derived from the use of the facilities, including fees and event profits, for the general facility maintenance, facility improvements and recreational improvements and recreational functions. Additionally, LESSEE agrees, that within (90) days of the end of the County’s fiscal year, to provide the County with an audit performed by an independent certified accountant of all income and expenses. The term for this lease shall be five years from the effective date. This Agreement may be terminated by either party, at any time, with or without cause, upon no less than one hundred- twenty (120) days notice, in writing to the other party. On expiration of the five year term, the lease may be renewed with the mutual agreement of LESEE and COUNTY. The annual lease fee is one dollar. LESSEE is a 501 C organization. Under no circumstance is LESSEE to be considered an agent or employee of the COUNTY. As a 501 C organization LESSEE retains the right to organize events at other venues both in and outside Okaloosa County, Florida. LESSEE shall maintain public liability insurance against Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The amount of such liability coverage shall not be less than a combined single limit of three hundred thousand dollars ($300,000.00). The insurance contract shall list Okaloosa County as an Additional Insured. To the fullest extent permitted by law, LESSEE shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and cost including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the LESSEE and other persons employed or utilized by the LESSEE in the performance of this Agreement. COUNTY tetains the right to post safety and other informational signage on the property. The presence or absence of such signage shall not relieve LESSEE, organizers or vendors from warning the public about hazards associated with particular events. LESSEE shall not construct any structure or make modifications to existing facilities during the term of this lease unless approved by the Board of County Commissioners. Any new construction will require approved plans and permits. Modifications must address safety, drainage, and parking. Necessary repairs can be made without approval. LESSEE shall be responsible for providing County with a schedule of events at the Recreation Center. Changes without notice or mis-representation of schedule could result in termination of agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives. FOR Baker Area Recreation Association Okaloosa County, Florida By By. Don Amunds, Chairman BCC Date Date