Okaloosa County BOCC — January 6, 2015 — dwu beach lease

LEASE This Lease entered into this day of , 2014, by and between, DESTIN WATER USERS, INC., a Florida Non-Profit Corporation, herein referred to as “Lessor”, and OKALOOSA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, herein referred to as “Lessee”. SECTION ONE SUBJECT AND PURPOSE Lessor does hereby lease that certain portion of the real property it owns, as described and shown in the attached and incorporated Addendum “A” (“Leased Parcel”), to Lessee for the Lessee’s use for public and governmental purposes only as follows: 1. Storage, cleaning, and parking of beach cleaning equipment, vehicles, and other related equipment; 2. Storage of trash containers; 3. Temporary storage of solid waste collected from beach cleaning operations; 4, Establishment, use, and maintenance of a portable fueling station; SECTION TWO TERM, RENT AND TAXES Lessee shall pay to Lessor for the use and occupancy of that certain property, as shown in the attached Addendum “A”, in conjunction with a non-exclusive right of use for ingress and egress to the Leased Parcel over that area as shown on the attached Addendum “A” the total sum of $11,250.00 per year, which shall be made in a lump sum payment to the Lessor within forty- five (45) days of the start of each Lease term. Lessee is a political subdivision of the State of Florida that will be using the Leased Parcel for public and governmental purposes and as such would be exempt from any taxes. To the extent that the Lessor is obligated to pay sales taxes on the lease payments for which Lessee is not exempt and otherwise legally obligated to pay pursuant to existing law then Lessee shall reimburse such amounts after final determination by the appropriate state agency that the sales tax payments are due. The initial term of the Lease shall begin on the 1% day of January, 2015, and end on the 30™ day of September, 2015 and the annual rental amount shall be prorated to the sum of $8,437.50. Thereafter, the Lease shall automatically renew for additional one year terms at the annual rental rate set forth above unless a party provides notice of termination or non-renewal under Section Twelve of the Lease. Further, the Lessor reserves the right to adjust the annual rental and use amount set forth above based upon independent appraisals conducted every two years with such proposed adjusted annual payment amount provided to the Lessee not less than One Hundred and Twenty (120) days prior to the end of the Lease term then in effect. SECTION THREE ALTERATIONS, ADDITIONS, AND IMPROVEMENTS Lessee shall not make any additions, alterations, or changes of any kind to the Leased Parcel without the express written consent of Lessor. 1. Lessor recognizes Lessee’s desire to construct the following on the Leased Parcel: 1.) screening and fencing, 2.) a pole barn or other similar storage type structure for the protection and storage of equipment and materials, 3.) water source or connection for cleaning and maintenance of equipment, 4.) restroom facility, either permanent or temporary, and 5.) a site lighting system. Lessee will submit a complete work plan for any and all work that Lessee proposes to undertake to Lessor in advance of any work beginning for Lessor’s approval, which will not be unreasonably withheld.. The full costs to accomplish any work plan approved by Lessor shall be borne entirely by Lessee. Lessee will be solely responsible for the payment for all items contracted for or purchased by Lessee. Lessee will take whatever actions that are necessary to remove any lien(s) placed on the Leased Parcel as a result of Lessee’s activities. In Lessor’s sole discretion, Lessor will determine whether all approved alterations, additions, and improvements to the Leased Premises will be removed by Lessee at the conclusion of the Lease term, or will remain on the Leased Parcel and become the property of Lessor at the conclusion of the Lease term.