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

Lease held by the City. In the event of variation or discrepancy, the City' s duplicate shall control. Krewe of Bowlegs of Okaloosa County, Florida, Inc. Dated is Print: Packet Pg110  F- 1 5.2. a 2013, Before me, the undersigned notary, on the day of in his representative personally appeared , capacity as President of the Krewe of Bowlegs of Okaloosa County, Florida, Inc., who is personally known to me or has produced identification: City of Fort Walton Beach, Florida Dated M Michael G. Anderson, Mayor Attest: Helen Spencer, City Clerk day of 2013, Before me, the undersigned authority, on the personally appeared Michael G. Anderson and Helen Spencer, in their representative capacity as the Mayor and City Clerk, and did execute this instrument in the name of the City of Fort Walton Beach, Florida. Notary Public is Packet Pg. 1' l1,A  a3 OiMnVW1 Ws ZD x z N\ N C7 * Zz4k Q Q 07 W W C) QQ F- W W N Z N N QD N OWW 0 57. 8 3' L. O REE GG' 27' 0 SLAB 5000 503 °33' 55 "E' 50.03 / FJ 40. 5' . ca a 9' S03' 33' 55 "E 50. 00' Li  LEASE AGREEMENT The State of Florida County of Okaloosa 1. Parties This Lease is made between the City of Fort Walton Beach, Florida, a municipal corporation, with its principal place of business at 105 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548, and its mailing address of Post Office Box 4009, Fort Walton Beach, Florida 32549 4 - 009, as City /Lessor, and Krewe of Bowlegs of Okaloosa County, Florida, Inc., a not for profit ( section 501(c)( 3)) corporation, with its principal place of business at 20 Robinwood Drive, Fort Walton Beach, Florida as Lessee. 2. Description of Leased Premises City, hereby Leases to Lessee and Lessee hereby hires from City the property and improvements situated at 20 Robinwood Drive, Fort Walton Beach, Florida, ( "Premises ") and more fully described as west not east Begin at the southwest corner of th First Addition to Kelly's Subdivision as recorded on Page 7 , Book 3, Okaloosa County Records, proceed north 3 °27' West 5 feet, thence south 86 °33' W 125 feet to the point of begin ng ( POB) of the property to be leased, continue south 86 °33' 125 feet, thence north 3 °27' west 50 feet, thence N 86 °33' east 125 feet, thence south 3 ° 27' east 50 feet to the ( POB) all in Section 14, Township 2 South, Range 24 West, containing . 143 acres more or less. 3. Use and Occupancy a. Purpose Lessee shall use and occupy the Premises as and for the legitimate public purpose of the Krewe of Bowlegs of Okaloosa County, Florida, Inc., as a centralized location for storage and manufacturing. No retail sales of any items are permitted from the premises. Lessee shall not change its use of the Premises N without City's prior written consent. d b. Compliance with Law 3 Lessee shall comply with all applicable Federal, state and municipal laws, m° o ordinances and regulations and Premises rules, and shall not directly or indirectly make any use of the Premises which may be prohibited or may be dangerous to ; person or property or may increase the cost of insurance or require additional Y mc Page - 1 - of6 0 cuaXAE Q. 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 V day of October 2005, and to end on the 31n day of September, 2015, unless renewed or terminated at an earlier time and date as this Lease may provide. 5. Option to Renew City grants to Lessee an option to renew this Lease for three (3) periods of five ( 5) additional years after 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 agreement 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 31$t of September in the year such notice is given. 6. Rent The total annual rent for the first term shall be the sum of $ 300 per year. Such sum is payable in one annual installment on the first day of October of each calendar year duringthe 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„ 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 N deemed to have been duly given only if delivered personally or sent by registered or certified mail in an addressed postpaid envelope. If to Lessee, notice shall be sent to the Premises. If to City, notice shall be sent to City's address as set forth above. Notice shall be deemed to have been duly given, if delivered personally, upon delivery, and if mailed, on the third ( 3) day after the mailing of such notice. v 3 8. Maintenance, Repair, and Inspection of Premises m° Lessee shall maintain and make all necessary repairs to the Premises, to 0 include the interior and exterior of any improvements, the parking lot, landscape, and all areas of the Premises. Lessee shall commit no act of waste and shall, in 4 Sc I Page - 2 - of6 Sn L ruEn Q 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 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 Lessee shall not, without first obtaining the written consent of 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 this Lease are the property of the City. Upon termination of this Lease, Lessee shall, at Lessee's expense, remove all of 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 Lessee. All property of 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 City, and Lessee shall reimburse City for the cost of the removal. City may have any abandoned property stored at Lessee' s risk and expense. 10. Abandonment v Lessee shall not, without first obtaining the written consent of the City, r abandon the Premises, or allow the Premises to become vacant or deserted. mN 11. Assignment, Sublease, or Rental Lessee will not, without first obtaining the written consent of the City, ( a) o assign, convey, or mortgage this Lease or any interest under it; ( b) allow any c