Fort Walton Beach Council agenda — 05-24-05 — reading text

The Lessee shall pay before delinquency all charges for utilities, including but not limited to water, electricity, gas, heating, cooling, sewer and telephone, used by the Lessee on the premises, and all charges for solid waste collection service, but in no event shall such Lessee payment responsibility exceed one hundred dollars 100. 00) per calendar month. SECTION 6: ALTERATIONS, MAINTENANCE, AND R~ PA1RS A. The Lessee may make alterations, additions or repairs to the interior ofthe premises, but unless made on an emergency basis to prevent injury to person or property, the Lessee will submit plans for any alteration or addition to the City for the City' s prior approval, such approval not to be unreasonably withheld. The Lessee shall obtain all necessary building and other pennits per City Code relating to any additions, alterations or repairs. t". 2-  e o Lease - City of Fort "' alton Beach and Okaloosa County f'" All alterations, additions or repairs shall be made at the Lessee' s expense and shall become the of tre City upon termination ofthis Lease unless property otherwise agreed by the City in writing. The Lessee will provide the City with as- built for any structural capital improvements. The Lessee will be required to plans use a licensed contractor for any improvements. The Lessee shall not have the right to create or permit the creation of any lien attaching to the City' s interest in the premises as a result of any construction of capital improvements, alterations, additions or repairs. B. Maintenance: The Lessee assumes sole responsibility for maintenance and repair or alterations of the interior of the premises occupied by it including compliance with all laws, ordinances and regulations which are or may become applicable to s11ch premises from time to time. The Lessee will be required to use a licensed contractor or County employee for any repairs. The Lessee agrees it will qualified maintain the demised premises in a sanitary and safe condition throughout the term of the Lease. Lessee shall fUliher keep the demised premises and appurtenance in order and repair, ( excepting, however, all repairs made good necessmy by reason of the happening of fire and other unavoidable casualty nOlmally covered by insurance) at its own cost and expenses. Lessor continues to assume sole responsibility for the maintenance and repair or alterations of the exterior of the premises. The Lessee, at its sole cost and expense, whether the same shall be the property of the Lessee or the shall City, replace and at all times maintain in promptly repair, air good condition the interior of the demised premises, including heating units, conditioning equipment, electrical fixtures and equipment, electrical installation, plumbing, plumbing equipment and fixtures, all machinery, all hardware, all interior painting or decorations of every kind, all door and window glass and plate glass, and such repairs and the same shall become the property of the City. C. Janitorial and Other Services: The Lessee shall furnish all janitorial and other services for maintaining the premises in a neat and orderly state of cleanliness of comparable to adjoining property. The Lessee shall be responsible for disposal all generated solid waste. SECTION 7: SIGNS the Lessee will Upon the approval of the City Manager, and at its own expense, be allowed to incorporate a ground sign into the facility entrance. All signage must be acceptable under the Fort Walton Beach City Code of Ordinances. SECTION 8: PARTY RESPONSIBILITY AND SOVEREIGN IMMUNITY To the extent allowed by the Laws of the State of Florida and pursuant to Florida Statute 768.28, each party agrees hereby to be responsible for all claims, demands, liabilities and suits of any nature arising out of, because of, or due to 3-  Lease - City of Fort WaltoQch and Okaloosa County o any negligent act or occunencc or omission or commission of the party, its o officers, employees, or agents. Nothing herein is intended to serve as a waiver of the sovereign immunity of either pmiy. SECTION 9: ASSIGNMENT AND SlU?LETTING Except as otherwise provided below, the Lessee shall not assign this Lease or sublet all or any portion of the premises without the prior written consent of the City. The City shall have the unqualified right to assign its rights and obligations under this Lease, but any such assignment by the City shall not impair the Lessee' s rights under this Lease. . SECTION 10: FAILURE TO OPERATE In the event Lessee fails to use the demised premises for the purposes permitted herein for more than ten days, City may cancel this Lease by giving written notice to Lessee of its intention to cancel. Upon termination of the Lease as aforesaid, City and Lessee shall be released and relieved from the performance of all further obligations under this Lease as of the date of such termination, but not from any obligations accruing up to the date of such termination. If the Lessee should abandon or vacate the premises, any personal propeliy left by the Lessee on the premises may be deemed as abm1doned. SECTION 11: DESTRUCTION BY FIRE OR CASUALTY In the event the demised premises are destroyed by fire or other casualty to such an extent that theyare not habitable, this lease shall tenninate, and there will be no responsibility for Lessor to rebuild or repair said premises to make them habitable. SECTION 12: DEFAULT Each of the following shall be a default by the Lessee and a breach of this Lease: A. Failure to pay the rent herein reserved, for a period of ten days after notice; B. Failure in the perfonnanee of any other covenant or condition of this Lease on the notice; part of the Lessee to be performed, for a period of fifteen days after C. In the event of any such default of the Lessee, the City may serve a written notice this Lease upon a specified date upon the Lessee that the City elects to terminate not less than fifteen days after the date of the serving of such notice, and this lease shall then on the date so specified as if that date had been originally fixed expire I! as the expiration date of the term herein granted; 4-  o o Lease - City of Fort Walton Beach and Okaloosa County D. In the event this Lease shall be tenl1inated as herein before provided, or by summary proceedings or otherwise, or in the event the demised premises 'or any part thereof shall be abandoned by the Lessee, the City, or its agents, servants or representatives, may immediately or at any time thereafter, re- enter and resume possession of said premises or such part thereof, and remove all persons and property therefrom, either by summary dispossess proceedings or by a suitable action or proceeding at law, or by force or otherwise, without being liable for any damage therefor. No re- entry by the City shall be deemed an acceptance of a surrender of this Lease; E. If either the City or the Lessee should find it necessary to bring an action in a court of law to enforce any of its rights or remedies under this Lease, both parties agree that the prevailing party in any such litigation shall be entitled to a recovery or reasonable attorney' s fees and costs; F. No failure by either party to insist upon the strict performance of any tenl1, covenants, agreements, provision or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such tenl1, covenant, agreement, provision or condition of this Lease to be performed or complied with by either party, and no breach thereof, shall be waived, altered or modified except by a written instrument r approved, by resolution, by the City Councilor by the Lessee. No waiver of any breach shall affect or alter this Lease, but each and every term, covenant, agreement, provision and condition of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach thereof; G. This Lease being a gratuitous conveyance, the terms and conditions herein shall be interpreted in favor of the City, where such interpretation may become necessary. SECTION 13: CITY' S RIGHT OF ENTRY The City may enter the premises at reasonable hours to examine the same, to do anything the City may be required to do hereunder or which the City may deem necessary for the good of the premises or any building of which they part, are a and during the last ninety 'days of the tenancy, to display the property to prospective Lessees. SECTION 14: NOTICES All notices, demands, request or replies provided for or penl1itted by this Lease