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

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. SECTION FOUR ACCESS, USE, MAINTENANCE, AND REPAIRS Lessee and its employees, agents, or contractors shall, at all times during the Lease, have unrestricted access and use of the Leased Parcel for the purposes stated herein. Lessee’s permitted use of the Leased Parcel shall be consistent with and in conformance with those uses set forth in Section One herein or as otherwise agreed to in writing by the parties. Lessee shall access the Leased Parcel from Industrial Drive only. Lessee shall conduct operations and activities in a manner such that the Leased Premises are kept clean and free of trash and debris. The parties recognize and agree that use of the roadways and driveways located on the Leased Parcel will not be exclusive to the Lessee and will not be under the Lessee’s exclusive possession and control during the term of the Lease. As such, the Lessor and not the Lessee will have the duty and obligation to repair or maintain in a good, safe, and usable condition, the roadways, driveways, and vehicle access points on the Leased Parcel. SECTION FIVE UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the Leased Parcel or any part thereof for any unlawful or hazardous business purpose nor operate or conduct operations in a manner constituting a nuisance of any kind. SECTION SIX INDEMNITY The Lessor agrees to indemnify and hold the Lessee harmless and free from damages sustained by person or property, including any of Lessee’s property located on or about the Leased Parcel, and against all claims of third persons for damages arising out of or to as a result of the Lessor’s continued use of the Leased Parcel. Lessor also agrees to indemnify and hold harmless the Lessee from all fees and expenses Lessee incurs from its legal defense of any claim Lessee is subjected to arising out of the Lessor’s continued use of the Leased Parcel. The Lessee agrees to indemnify and hold the Lessor harmless and free from damages sustained by person or property, and against all claims of third persons for damages arising out of the Lessee's use and occupancy of the Leased Parcel to the extent allowable pursuant to Florida law and subject to the payment limitations provided under Florida law for sovereign subdivisions of the State of Florida, such as the Lessee; provided however, that Lessee agrees to indemnify and hold harmless the Lessor from all fees and expenses Lessor incurs from its legal defense of any claim Lessor is subjected to arising out of the Lessee’s use and occupancy of the Leased Parcel. SECTION SEVEN EASEMENTS, AGREEMENTS, OR ENCUMBRANCES The parties shall be bound by all existing easements, agreements, and encumbrances of record relating to the Leased Parcel and Lessor shall not be liable to Lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. SECTION EIGHT RISK OF LOSS OR DAMAGE Lessee assumes the risk of loss or damage to the Leased Parcel, whether from windstorm, fire, earthquake, or any other causes whatsoever. SECTION NINE REPRESENTATIONS BY LESSOR At the commencement of the term Lessee shall accept the Leased Parcel in its existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, expressed or implied, have been made by or on behalf of Lessor in respect therein except as contained in the provisions of this Lease. SECTION TEN NOTICE All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and with return receipt requested, to the party to be notified at the address set forth below or at such other address as either party may from time to time designate in writing. As to Lessor: Destin Water Users, Inc. Attention: General Manager Post Office Box 308 Destin, Florida 32541 As to Lessee: Okaloosa County Attn: Public Work Director Public Works Department 1759 S. Ferdon Boulevard Crestview, Florida 32536 SECTION ELEVEN ASSIGNMENT, MORTGAGE, OR SUBLEASE Lessee shall not assign, mortgage, pledge or encumber this Lease or sublet the Leased Parcel, in whole or in part, or permit the Leased Parcel to be used or occupied by others, nor shall this Lease be assigned or transferred by operation of law, without the prior consent in writing of Lessor in each instance. SECTION TWELVE LEASE TERMINATION Either party may terminate the Lease upon the expiration of the Lease term then in effect, by providing the other party with written notice of non-renewal or termination, which shall be provided not less than Ninety (90) days prior to the end of the Lease term then in effect. SECTION THIRTEEN SURRENDER OF POSSESSION Lessee shall quietly and peaceably vacate the Leased Parcel and surrender possession to Lessor on or before the last day of the Lease term, or on an earlier termination and forfeiture of the Lease, free of subtenancies, in good condition and repair. SECTION FOURTEEN TOTAL AGREEMENT; APPLICALICABLE TO SUCCESSORS This Lease contains the entire agreement between the parties and cannot be changed or terminated except by written instruments subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. SECTION FIFTEEN APPLICABLE LAW AND VENUE This agreement shall be governed by and construed in accordance the Laws of the State of Florida. The venue for any legal actions relating to this Lease shall be brought in the Courts in and for Okaloosa County, Florida. (q* IN WITNESS WHEREOF, Lessor has hereunto set its hand and seal this day of December, 2014. In the Presence of: DESTIN WATER USERS, INC. r o it i 4— ATTESW Secretary RICRARD F. SCALL IN WITNESS WHEREOF, Lessee has hereunto set its hand and seal this day of December, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA J.D. Peacock II Chairman Clerk of Courts ADDENDUM A