Fort Walton Beach Council agenda — 05-14-13--regular — reading text

ordinances and regulations and Premises rules-, and shall not directly or indirectly make any use of Packet Pg. 706'  15. 2.. the Premises which may be prohibited or may be dangerous to person or property or may increase the cost of insurance or require additional insurance coverage. c. City' s Credit Power Nothing herein shall be construed as a pledge or use of the City' s taxing power or credit. 4. Term The Premises is Leased for a term to commence on the 15` s day of May 2013 and to end on the 30" day of September 2023, unless renewed or terminated at an earlier time and date as this Lease may provide. 5. Option to Renew The City grants to Lessee an option to renew this Lease for three ( 3) periods of five ( 5) additional years after the expiration of the initial term of this Lease. At least sixty ( 60) days prior to the date of termination of any term, either party to this Lease may notify the other party, in writing, of its intent to renew this Lease or to terminate this Lease. Upon a renewal of the Lease, all terms and conditions as stated herein, unless modified in writing by the parties or otherwise stated herein, shall continue in full force and effect. If either party notifies the other of its intent to terminate this Lease, this Lease shall terminate as of Midnight on the 30`s day of September in the year such notice is given. 6. Rent The total annual rent for the first term shall be $ 300 per year for Lease Area # 1 and $ 300 per year for Lease Area # 2 for a total of $600 per year. The initial rent payment for Lease Area 2 is due upon execution of the Lease Agreement. Subsequent annual rent payments for both leased areas are payable in one annual installment on the first day of October of each calendar year during the term of this Lease. The rent amount shall be negotiable at the end of the first term and each term thereafter this Lease remains in effect. In addition, Lessee shall be solely responsible for timely payment of all ad valorem taxes assessed on the Premises. 7. Notice and Place for Payment of Rent The Lessee shall pay rent to the City at the City' s principal place of business stated above by delivering such payment to the City Clerk. Any notice by either party to the other shall be in writing and shall be deemed to have been duty given only if delivered personally or sent by registered or certified mail in an addressed postpaid envelope. If to the Lessee, notice shall be sent to the Premises. If to the City, notice shall be sent to the City Manager at the principal place of business address stated above. Notice shall be deemed to have been duly given, if delivered personally, upon delivery, and if mailed, on the third (3rd) day after the mailing of such notice. 8. Maintenance, Repair, and Inspection of Premises The Lessee shall maintain and make all necessary repairs to the Premises, to include the interior and exterior of any improvements, the parking lot, landscaping, and all areas of the  15. 2. 3 Premises. The Lessee shall commit no act of waste and shall, in the use and occupancy of the Premises, conform to all applicable laws, orders, and regulations of any governmental entity as they pertain to the condition of the Premises. The City may enter the Premises at any reasonable time, upon adequate notice to the Lessee, except that no notice need be given in case of emergency, for the purpose of inspection of the Premises. 9. Alterations, Additions or Improvements The Lessee, shall not, without first obtaining the written consent of the City, make any alterations, additions or improvements in, to or about the Premises. The parties understand that the improvements and appurtenances situated upon the Premises at the time of execution of the original Lease Agreement, dated May 26, 2005, are the property of the City. Any alterations, additions or improvements shall comply with the City' s Land Development Code, latest edition, and shall follow the City' s Development Review Process in obtaining a Building Permit. Upon termination of this Lease, the Lessee shall, at the Lessee' s expense, remove all of the 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 the Lessee. All property of the 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 the City, and the Lessee shall reimburse the City for the cost of the removal. The City may have any abandoned property stored at the Lessee' s risk and expense. 10. Abandonment The 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, Sub -Lease or Rental The 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 the 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 the 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 The 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 the execution of this Lease. Such insurance policy shall name the City as an additional insured and shall contain a  15. 2. a clause that the insurer will not cancel or change the insurance without first giving the City thirty ( 30) days prior written notice. Proof of insurance coverage shall be submitted each year with the annual rent payment. b. Indemnification The 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 Building or the occupancy use by the Lessee of the Premises or any part of the Premises, or the Building or any part of the Building occasioned wholly or in part by any act or omission of the Lessee or those holding under the Lessee or the Lessee' s agents, employees, or customers. In the event that the City shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, the Lessee shall protect and hold the City and its agents, representatives and employees harness and shall pay all costs, expenses and reasonable attorney' s fees incurred or paid by the City, or any of them, in connection with any litigation. The Lessee shall also pay all costs, expenses, and reasonable attorney' s fees that may be incurred or paid by the City in enforcing the terms, covenants and obligations of this Lease on the Lessee' s part to be performed. The 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 the Lessee defaults in the payment of rent or in the performance of any of the other covenants or conditions of this Lease, the City may give the Lessee notice of that default. If the Lessee does not cure any rent or default within ten ( 10) calendar days, or otherwise on or before the date required by the City, then the City may terminate this Lease on not less than five (5) days' notice to the Lessee. On the date specified in the notice of termination, the term of this Lease shall terminate and the Lessee shall then quit and surrender the Premises to the 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 Lease, or to exercise any option contained in this Lease, 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 Lease 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. P,ayket Pg. 109,  15. 2. a 16. Peaceful Enjoyment The City covenants that if and so long as Lessee pays the rent as provided in this Lease and performs the covenants of this Lease, the 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 The 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 the Lessee is not in default under any provision of this Lease. 18. Radon Gas Notification Radon is a naturally occurring radioactive gas that, when it has accumulated in a premise in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in Premises in Florida. Additional information regarding radon and radon testing may be obtained from the Okaloosa County Health Department. 19. 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