Fort Walton Beach Council agenda — 06-14-11 regular — reading text

and costs, including paralegal costs, at both the trial and appellate levels. 18. 03 TENANT shall pay any and all taxes and other costs lawfully assessed against its business, TENANT' s improvements, and/ or the operations under this Agreement. 18. 04 The Parties acknowledge that each party has actively participated in the drafting of this Agreement, and the language contained herein shall not be construed against either part as the drafter thereof. 18. 05 CITY agrees to execute a Memorandum of this Lease Agreement which TENANT may record with the appropriate Recording Officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either term or rem payments. 15 Packet Pg. N  BA. c 18. 06 TENANT waives and releases all claims against CITY, its officers, directors, agents, employees, and servants, and agrees that they shall not be liable for injury to person or damage to property sustained by TENANT by any occupant ofthe Property or any other person occurring on or about the Property resulting directly or indirectly from any existing or future condition, defect, matter or thing on the Property or from equipment or appurtenance which becomes out of repair, or from any occurrence, act or from the negligence or omission of any patron or occupant of the Property or of any other person; except for such matters as may result from any negligent action or omission by CITY, its officers, directors, agents, employees and servants, or as otherwise provided for in this Agreement. 18. 07 The interest granted to TENANT shall be deemed to give TENANT the exclusive right to use the Property, but shall not preclude CITY from granting an interest to others on adjacent property, or from using the driveway extending from the nearest public right -of w- ay. The rights of other tenants shall be exercised without causing unreasonable interference with the activities being carried on by TENANT in accordance with this Agreement. Similarly, the rights of TENANT under this Agreement shall be exercised without causing interference with the activities being carried on by other tenants in accordance with their respective agreements. 18. 08 The submission of this Agreement for examination does not constitute an offer to lease the Property and this Agreement becomes effective only upon the full execution ofthis Agreement by both parties. Ifany provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provision ofthis Agreement. Each ofthe parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such party bas the full right, power and authority to enter into and execute this Agreement on such party' s behalf 18. 09 The provisions of this Agreement relating to indemnification from one party to the other party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 18. 10 The captions contained in this Agreement are inserted for conveniences only and are not intended to be part of this Agreement. They shall not affect or be utilized in the construction or interpretation of this Agreement. ILI Packet Pg. 49 _  8. 4.c 18. 11 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Florida Statutes 768. 28, as amended from time to time. This Space Intentionally left Blank] 17 Packet Pg. 50  5. 4. c IN WITNESS WFIEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. LANDLORD: CITY OF FORT WALTONB. CK FLORIDA S Reid Silverboard, City Manager AT its: Cify er TENANT: VERIZON WIRELESS PERSONAL COMMUNICATIONS LP DB A / VERIZON WIRELESS By: J~ Howard I - Bower Area Vice President —Network, South Area ATTES cutive Ac3nn.mistrative Assistant aNm 3 STATE OF FLORIDA: c COUNTY OF OKALOOSA: d The foregoing instmment was acknowledged before me this— 2002 d by Reid Silverboard ofthe City of Fort Walton Beach, Florida, on behalf E of the identi fica ' n. he is personally known to me or hasp duce as a PPub StateofFlo, d, OWE OWE D. MacOONALO My Commission Expires: 1401, Public. SMte of fledde Z'2 / 10.4 My tome. exp. Oct. 15, = Comm. No. CC551195 1E Packet Pg. 51  F84. STATE OF NORTH CAROLINA COUNTY OF CAB S ( Ltc r On this Ibly of 2002, before me appeared Howard H Bower, to me personally known, who, being by me duly sworn, did say that he is Area Vice President—Network, South Area of Verizon Wireless Personal Communications LP drb /a Verizon Wireless, and that said instrument was signed on behalf of said corporation and partnership, and said Howard H. Bower acknowledged said instrument to be his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county aad t ofthe day d ear last above written. N NOT Y P BLIC RI G 2 c 0 B My Commission Expires: 0f0 EJLJ MP` 7l i-T XTn' CHERYL L. BUTTERWOR14 Notary Publ" , North Carolina NA This instrument was prepared by: County of Mecklenburg Can, n, sion Expires June 24, 2006 c 0N mNt`l 19 Packet P ®. 62  F84. Exhibit A Description ofProperty" A parcel of land situated in Section 35, Township 1 South, Range 24 West, Okaloosa County, Florida, and being more particularly described as follows: Commence at the Northeast comer of the Northeast Quarter of Section 35, Township 1 South, Range 24 West; Okaloosa, County, Florida; Thence run South 01056' 18" West for a distance of 1078.72 feet to a point; Thence mn North 89°20' 52" West for a distance of 3272. 09 feet to the Point of Beginning; Thence mn North 00039' 01" East for a distance of 75. 00 feet to a point; Thence mn North 89 °12' 24" West for a distance of 60.00 feet to a point; Thence run South 00 °39' 01" West for a distance of 75. 00 feet to a point; Thence rum South 89012' 24" East for a distance of 60.00 feet to the Point of Beginning. Said area contains 0. 1 acres more or less. c 0 20 00 f0 NRN JC NO if Packet Pg. 53  SAcSAc SAc , ,, f k kkk k BB B I A& Q R$ U \) Pa I;! kR@p it q bA it  a 8. 4.c I qON a M JN N W O A NO d 55  8. 3 City Council of Fort Walton Beach CITY CLERK