Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Facility Management Lease for Warrior Base Airsoft — reading text

Facility Management Lease Between Board of County Commissioners Okaloosa County, Florida To Warrior Base Airsoft The Board of County Commissioners, Okaloosa County, Florida (Hereinafter referred to as “COUNTY”) leases to Warrior Base Airsoft (Hereinafter referred to as “LESSEE”) the property formally known as the Laurel Hill Landfill, and retained for Park property. This lease is effective the day of , 2013. For and in consideration of the use of the property Warrior Base Airsoft, the parties hereto agree as follows: 1. LESSEE is granted sole authority to manage the property 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. COUNTY employees have the right to enter the property when deemed necessary and to inspect the property for compliance. 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. 3. LESSEE is responsible for maintaining the premises in a clean, safe and sanitary condition. This includes housekeeping and lawn maintenance and trash pickup and removal. All trash and waste material shall be removed promptly. 4. COUNTY shall pay the water, and electric utilities. COUNTY shall perform minor repairs to the county portion of the roadway and onsite parking area. 5. 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. 6. The term for this lease shall be two (2) 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 two (2) year term, the lease may be renewed with the mutual agreement of LESEE and COUNTY.  7. The annual lease fee is one dollar. 8. Under no circumstance is LESSEE to be considered an agent or employee of the COUNTY. 9. 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 ($1,000,000.00). The insurance contract shall list Okaloosa County as an Additional Insured. 10. 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. 11. COUNTY retains 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. 12. 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 construction will require structures to be temporary and constructed is a neat and presentable manner. All construction must address safety, drainage, and parking. Necessary repairs can be made without approval. All elements used for execution of Airsoft Games must be temporary and easily removable, 13. LESSEE shall be responsible for providing County with a schedule of all events on the property. Changes without notice or mis-representation of schedule could result in termination of agreement. 14. LESSEE agrees that all Airsoft pellets used on the property must be bio-degradable. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives. FOR Warrior Base Airsoft Okaloosa County, Florida By_____________________________ By______________________________ Don Amunds, Chairman Date____________________________ Date_____________________________