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

ei~h,~ r party to this 58 agreement may notify the other party, i!1: t~ Tfting, of its intent to ren~~ this Lease 59 or to terminate this Lease. Upon a rene~ al;;gfthe.~~. ase, all terms arid conditions 60 as stated herein, unless modified in B~/~ he parties or otherwise stated writing;." 61 herein, shall continue in full force .and effect. If'~ ' i~her party notifies the other of its 62 intent to terminate this Lease, itli~~+~~ se shallt~ tl1linate as of midnight on the 63 31st of September in the year suchn6tic~.; i& given. . . . 64 c 65 6. Rent ~::,;,::,;::;': or the fir~t;~~ thi: shanbe the sum of $ 300 per year. 66 The total ~.I1.. 8'~Jalrafi~{ inst~ on the first day of October of each 67 Such sum is paycr~ I~ rjnual in one~ JItj1ent 68 calendar year during'the terrrtof this Lea$ Ef~ 69 The.rent. am6J~~: nQeJ1~ g9tiC3brEi: at the end of the first term and each sB~ lri: effect. In addition, Lessee shall be solely 70 term thf} rf} aftertni.~Lea~~~remain$' all ad valorem taxes assessed on the Premises. 71 responsible for tlnlf}ly payn'jef) tof 72 73 7. ror payrtlent of Rent Notice and PI(i~~; 74 Lessee shall pay:rent to the City at the City's principal place of business 75 iQ"g to the the xdel ive& such payment tootherCity stated a bove: J:> Clerk. shall be in writing and shall be 76 Any noti~~; b.x.~ither party 77 deemed to have' t:i~,~~ duly given only if delivered personally or sent by registered 78 or certified mail inan addressed postpaid envelope. If to Lessee, notice shall be 79 sent to the Premises. If to notice shall be sent to City' s address as set forth City, 80 above. Notice shall be deemed to have been duly given, if delivered personally, third ( 3) day after the mailing of such notice. 81 upon delivery, and if mailed, on the 82 83 8. Maintenance, Repair, and Inspection of Premises Lessee shall maintain and make all necessary repairs to the Premises, to 84 lot, landscape, 85 include the interior and exterior of any improvements, the parking act of waste and shall, in and all areas of the Premises. Lessee shall commit no 86 c Page - 2 - of 6  o o o 87 the and occupancy of the Premises, conform to all applicable laws, orders, use of the 88 and regulations of any governmental entity as they pertain to the condition at reasonable time, upon 89 Premises. The City may enter the Premises any 90 adequate notice to Lessee, that no notice need be given in case of except Premises. 91 emergency, for the purpose of inspection of the 92 93 9. Alterations, Additions or Improvements make 94 Lessee shall not, without first obtaining the writtensonsent of City, The 95 any alterations, additions or improvements in, to or Cipout the Premises. situated upon the 96 parties understand that the improvements and appurt~tiances 97 Premises at the time of execution of this Lease ar~,t~epr?pertyof the City. 98 Upon termination of this Lease, Les es!1CiIJ; at Les'~~e' s expense, remove rmanentIY the Premises, 99 all of Lessee' s personal property that is notJ.)~ affixe9to of the 100 repair all injury done by or in connection,:~i~ fi~the installation: dr,,removal in asgood conditio~~ they were 101 personal property, and surrender the Pr~ tftises s 102 at the beginning of the term, exceptingre.'~ spnabl~ wear and tear not due to the 103 misuse or neglect by Lessee.';;::':// " on the::~ mises after the last day of the 104 All property of Lessee rerpa.ining r~, doned and may be removed 105 term of this Lease shall be conclq~jy:~lxdeemed' a~:~ p. he removal. and Lessee shall reimburs~; f: cost9~~ City may have 106 by City, FitY~9r1he any abandoned property stored at L~~ seef~{ ij~~~:~ ex:p~ nse. c 107 108 pd 109 10. AbandonfT\~nt:::".: .,::::",:> 110 not, Lessee s~ C3II: withQut first" ining the written consent o.~t~' of the City, 111 abandon the Premises, or allQW the prenii$ e.s to become vacant or deserted. 112 J" . 113 11. ~ igri.n~ nt, SJb~~~se, orR'&fitat:: t first obtaining the written consent of the City, ( a) t witf19~ 114 Jessee wiUl1<:>~ b) allow any 115 assigf);.fonvey, orR)orgage) tli~ Lease or any interest under it; ( 116 transfer9{ any lienqi}, Lessee'$ interest by operation of law; ( c) sublet the Premises 117 Premises' qr(;lny part of::~ bem; or ( d) permit the use or occupancy of the other than Lessee. The City as the owner of the 118 OfJn~ m by~riY person transfer or convey all of its rights as owner and or any part 119 Premises maYa.~ i~ fotherwise n(:} 120 lessor under this Le.Ei$ EL 121 122 12. Insurance on Premises 123 a. Liability & Property Insurance in full force and 124 Lessee shall, during the entire term of this Lease, keep the Premises 125 effect a policy of liability and property damage insurance covering of liability shall be no less 126 and all activities conducted thereon, in which the limits the City on the date of 127 than the standard insurance requirements in effect by name the City as an 128 execution of this Lease. Such insurance policy shall will not cancel or 129 additional insured, and shall contain a clause that the insurer o Page - 3 - of 6  c o o written notice. 130 change the insurance without first giving City thirty (30) days prior 131 b. Indemnification 132 Lessee willindemnify and defend the City and its officers, agents, 133 representatives and employees harmless from and against all claims, actions, 134 damages, liability and expense in connection with loss of life, personal injury 135 and/ or damage to property arising from or out of any occurrence in, on, or at the 136 Premises or the Building or the occupancy use by Lessee of the Premises or any 137 jiflg occasioned wholly part of the Premises, or the Building or any part of the Buil;<: 138 or in part by any act or omission of Lessee or those~ 8ldlng under Lessee or without 139 Lessee' s agents, employees, or customers. In the ~ X~, co~ ptthat City shall, 140 fault on its part, be made a party to any litigati99.: r.nenced by or against 141 Lessee, Lessee shall protect and hold City agent~~Jepresentatives and angJt~.. onable attorney's 142 employees harmless and shall pay all costs,~~ penses andr~~~ in connection wi!~ any litigation. 143 fees incurred or paid by City, or any h; ofV}~!' that 144 Lessee shall also pay all costs, expens~~,: and rea~onable attorrl~Y's fees