Fort Walton Beach Council agenda — 08-08-2006 ‎(workshop)‎ — reading text

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 therefore. No re-entry by the City shall be deemed an acceptance of a surrender of this Agreement. D. 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 Agreement, both parties agree that the prevailing party in any such litigation shall be entitled to a recovery or reasonable attorneys' s fees and costs. E. No failure by either party to insist upon the strict performance of any term, covenants, agreements, provision or condition of this Agreement 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 term, covenant, agreement, provision or condition of this Agreement to be performed or complied with by either party, and no breach thereof, shall be waived, altered or modified except by a written instrument approve, by resolution, by the City Council or by the Lessee. No waiver of any breach shall affect or alter this Agreement, but each and every term, covenant, agreement, provision and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. SECTION 12: CONSTRUCTION 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 City may enter the premises at reasonable hours to examine the same, to do anything City may be required to do hereunder or which City may deem necessary for the good of the premises or any building of which they are a part, and during the last 90 days of the tenancy, to display the property to prospective Lessees. SECTION 14: NOTICES All notices, demands, requests or replies provided for or permitted by this Agreement shall be in writing to the addresses listed below and may be delivered by anyone of the following methods: 1. By deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; 2. By deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three ( 3) business days after deposit with the Postal Service. Notice by telegram or overnight express delivery service shall be deemed effective one ( 1) business day after transmission to the telegraph company or after deposit with the express delivery service. For purposes of notice, demand, request, reply or payment, the address of the City shall be: Page - 5-  Lease. City of Fort Walton Beach and Panhandle Animal Welfare Society, Inc.. City Manager City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32458 with copy to: City Attorney City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32548 The address of the Lessee shall be: Panhandle Animal Welfare Society, Inc. 725 Lovejoy Road Fort Walton Beach, FL 32548 SECTION 15: GOVERNING LAW AND VENUE This Agreement and the rights and liabilities of the parties to the Agreement shall be governed by the laws of the State of Florida. If any provision of this Agreement is invalidated by judicial decision or statutory enactment, the invalidity of any such provision will not effect the validity of any other provision of the Agreement. Venue for any action arising from this Agreement shall be in Okaloosa County, Florida. SECTION 16: BINDING EFFECT That the respective rights and obligations hereunder shall inure to, and be binding upon, the respective heirs, distributees, devisees, legal and personal representatives, assigns, grantees and successors in interest of the City, and shall inure to, and be binding upon, the permitted assigns and successors in interest of the Lessee. SECTION 17: SELF- HELP Should the City or Lessee fail to comply with any of the terms, covenants and conditions contained within the Agreement, the City or Lessee may, after thirty days notice to the other, comply therewith. Neither the City nor Lessee shall not be obligated so to do, and the cost of such compliance shall be payable upon demand to the performing party. SECTION 18: TIME IS OF THE ESSENCE Time is of the essence as to each term of this Agreement SECTION 19: CAPTIONS Captions in this Agreement are included for convenience only and are not to be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. Page - 6-  Lease. City of Fort Walton Beach and Panhandle.Anlrnal Welfare Society, Inc. SECTION 20: SOVEREIGN IMMUNITY Nothing contained herein is intended nor shall be construed to waive City' s rights and immunities under the common law, Florida Constitution or Section 768. 28, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF, the parties have executed this agreement at Fort Walton Beach, Florida, the date and year first above written. CITY OF FORT WALTON BEACH U~ ~ ess By. TZeSJ2 ~ ~ REID SILVERBOARD ' ess a4dlj~ Q CITY MANAGER ATTEST: I i' ,: , I, ~_____ By. .' HELEN SPENCE~ q. ,' CITY CLERK LESSEE PANHANDLE ANiMAl WELFARE SOCIETY, INC. ct~ ~~itness C-~~~ W s 4Cl~ all Page - 7-  J'" r LEGAL DESCRIPTION OF 760 LOVEJOY ROAD 150' STRIP WEST OF P. A.W. S. That part of the Southeast Quarter of Section 8, Township 2 South, Range 24 West in the City of Fort Walton Beach Commerce and Technology Park, Okaloosa County, Florida, being more particularly described as follows: Commence at the Simms Monument marking the northwest comer of the Southwest Quarter of the Southeast Quarter of said Section 8, said monument being North 01 degree 15 minutes 48 seconds East a distance of 1258. 42 feet from the Heidt and Associates 4" by 4" concrete monument marking the southwest corner of the Southeast Quarter of said Section 8 ( Point of Reference); thence proceed South 01 degree 15 minutes 48 seconds West Reference Bearing) along the half-section line a distance of 50. 00 feet to the Point of Beginning of the Land to be described; thence South 88 degrees 46 minutes 20 seconds East along the south right- of-way line of Lovejoy Road right-of- way varies) a distance of 150. 00 feet; thence South 01 degree 15 minutes 48 seconds West a distance of 261. 87 feet; thence North 87 degrees 27 minutes 15 seconds West a distance of 150. 04 feet to a point on the aforesaid half-section line; thence North 01 degree 15 minutes 48 seconds East along said half-section line a distance of 258.42 feet to the Point of Beginning. Said tract containing 0. 90 acres, more or less. Prepared By: _( Qro~ &, t1 ~ 11 QQ Nancy McDonald Chief Engineering Technician City of Fort Walton Beach September 30, 2002 D:\DPT02OC\ Docs\ Legal Descriptons\lnd Pk Area\Lovejoy. 7S0. doc t"-'.. LEGAL DESCRIPTION OF i 760 LOVEJOY RD. 1501 STRIP WEST OF P. A. WIS. POINT OF COMMENCEMENT SIMMS MONUMENT MARKING NW CORNER OF SW 1/ 4 OF SE 1/ 4 OF SEc. 8, T- 2- S, R- Z4-W IN THE CITY OF FORT WALTON BEACH COMMERCE AND TECHNOLOGY PARK, OKALOOSA COUNTY, FL SOUTH R/W P. O. B. LOVEJOY RD. S 88D46' ZOC' E 150.00' P. A. W.S. PROPERTY N an N c:c ct. W 0 Q. w N 0 ct. N _ lit" 3: