Okaloosa County BOCC — 2013 meeting #1162 (date undetermined) — Lease for Firearms & Training Facility — reading text

_ THIS INSTRUMENT PREPARED BY: J. D. WINGARD, JR., ESQUIRE 1301 Industrial Drive Post Office Box 327 Crestview, Florida 32536 STATE OF FLORIDA COUNTY OF OKALOOSA THIS LEASE, made and entered into this Ist day of August, 2013, by and between WINGARD FAMILY, LLC, A Florida Limited Liability Company, having its principal place of business at 663 Ridge Lake Road, Crestview, Florida 32536 and whose mailing address is Post Office Box 327, Crestview, Florida 32536, hereinafter called “Lessor”, and THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, whose mailing address is Board of County Commissioners, 1804 Lewis Turner Boulevard, Fort Walton Beach, Florida 32547, hereinafter called “Lessee”, WITNESSETH: 1. That for and in consideration of the rental to be paid by “Lessee” as hereinafter stated and under the terms and conditions hereinafter expressed, “Lessor” does hereby demise and lease unto “Lessee” for the use of the Okaloosa County Sheriff, the improved real estate described in Exhibit “A” attached hereto to be-used as a Firearms and Tactical Training Facility, 2. The term of said Lease is for a period of sixty (60) months, commencing on the first (1°) day of September, 2013, and ending at midnight on the thirty-first (31st) day of August, 2018, and the rental to be paid by “Lessee” for the said sixty (60) month term, to “Lessor”, is the sum of FORTY-SIX THOUSAND EIGHT-HUNDRED AND NO/100 ($46,800.00) DOLLARS in the aggregate, and which is payable in sixty (60) monthly installments of SEVEN HUNDRED EIGHTY AND NO/100 ($780.00) DOLLARS each, the first monthly installment being due and payable on September 1, 2013, and the remaining monthly installments being due on the first (1") day of each month thereafter during the said rental term. In the event that Lessee fails to pay said rent on or before the tenth (10") day of the month in which the rental is due, Lessee hereby agrees to pay to Lessor a late charge of TEN PERCENT (10%) of the amount of the rent due. In addition to the above, in the event that Lessee fails to pay said rent on or before the fifteenth ( 15") day of the month in which the rental is due, a default shall be deemed to have occurred and this Lease shall immediately terminate pursuant to the terms of Paragraphs 17 and 18 hereof. 3a. It is agreed by and between the parties hereto that “Lessee” has accepted the subject improved real property in an “as is” condition and that “Lessee” through the Sheriff of Okaloosa County, shall, at its sole cost and expense, conduct the initial “clean-up” of the subject premises, alter, remodel, fence, erect and construct improvements, repair, paint and make structural modifications to the interior and exterior of any such improvements which “Lessee” shall erect or construct, all in a good, first-class workmanlike manner to cause the premises to be usable as a Firearms and Tactical Training Facility. 3b. it is further agreed by and between the parties hereto that “Lessee” through the Sheriff of Okaloosa County, at its sole cost and expense, shall further maintain and keep the premises, including without limitation, the entire exterior and grounds of the demised premises and all fences and other improvements whatsoever which “Lessee” may erect or construct upon the demised premises, in good condition and repair during the term of this Lease. “Lessee” shall through a regular maintenance program recover projectile materials deposited on the premises so as to maintain the premises during the term of the Lease in substantially the same or in better condition as the premises were at the time of initial possession. 4, “Lessee” through the Sheriff of Okaloosa County shall procure and maintain in force during the said term of this Lease, at its sole expense, public liability insurance in companies and through brokers approved by “Lessor”, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the leased premises, in a minimum amount of ONE MILLION AND NO/100 ($1,000,000.00) DOLLARS for each person injured, ONE MILLION AND NO/100 ($1,000,000.00) DOLLARS for any one accident, and ONE MILLION AND NO/100 ($1,000,000.00) DOLLARS for property damage. Such insurance policies shall provide coverage for “Lessor’s” contingent liability on such claims or losses. The policies shall be delivered to “Lessor” for keeping. “Lessee” agrees to obtain a written obligation from the insurers to notify “Lessor” in writing at least thirty (30) days prior to cancellation or refusal to renew any such policies. “Lessee” agrees that if such insurance policies are not kept in force during the entire term of this Lease, “Lessor” may procure the necessary insurance and pay the premium therefor, and that such premium shall be repaid to “Lessor” as additional rent within the month following the date on which such premiums are paid. 5. It is agreed by and between the parties hereto that any and all improvements to the demised premises including, but not limited to, all fences, lights, lighting fixtures, electrical equipment, water pipes and plumbing fixtures shall, upon the completion or installation of the improvements, become the sole property of “Lessor”. All modular buildings, furniture, furnishings and training equipment used in said premises, supplies and other miscellaneous items purchased at the sole cost and expense of “Lessee” shall at all times be and remain the property of “Lessee” and “Lessee” shall have the right to remove the same from said premises at the termination of this Lease, provided “Lessee” shall not be in default hereunder. 6. The premises are leased to be used as a Firearms and Tactical Training Facility by “Lessee”. “Lessee” and the Sheriff of Okaloosa County agree to restrict its use to such purposes, and not to use, or permit the use of, the premises for any other purpose without first obtaining the consent in writing of “Lessor”. 7. “Lessee” and the Sheriff of Okaloosa County shall not use the premises in any manner, even in its use for the purposes for which the premises are leased, that will increase risks covered by insurance where the premises are located, so as to increase the rate of insurance on the premises, or to cause cancellation of any insurance policy covering the premises. “Lessee” further agrees not to keep on the premises, or permit to be kept, used or sold thereon, anything prohibited by the policy of fire insurance covering the premises, “Lessee” shall comply, at its own expense, with all requirements of insurers necessary to keep in force the fire and public liability insurance covering the premises and any improvements thereon. 8. “Lessee” and the Sheriff of Okaloosa County shall not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. 9. “Lessee” shall permit “Lessor”, its agents and employees to enter the leased premises at reasonable hours to examine the same or for other lawful purposes. 10. “Lessor” warrants and represents that it is the owner of the leased premises and has good and lawful right to lease the same as provided herein, and does warrant and guarantee that “Lessee” shall have peaceful possession of the premises for the term of this Lease. lla. “Lessor” agrees to pay all ad valorem taxes and assessments upon the leased premises. “Lessee” does hereby agree to pay and obtain all licenses and taxes incident to the operation of its business and that “Lessee” will keep the premises clean and comply with all regulations established or to be established by the Board of Health, City of Crestview, County of Okaloosa, State of Florida, or other authorities relative to the operation of the Firearms and Tactical Training Facility. 11b, “Lessee” and the Sheriff of Okaloosa County do further agree to indemnify “Lessor” and comply with all State, Federal and local laws and regulations pertaining to the operation of the Firearms and Tactical Training Facility, and shall pay to “Lessor”, all sums, fines or penalties which may be lawfully demanded of “Lessee” for failure to comply; and “Lessee” further covenants and warrants that it will surrender the premises at the termination of this Lease, free and clear of any encumbrances or indebtedness to any person or persons whomsoever incurred. “Lessee” further covenants that it will quit and surrender the premises at the termination of this Lease in as good state of condition and repair as of the date of the commencement of this Lease, including the removal of projectile materials and any and all other environmentally hazardous materials placed or deposited on the premises by “Lessee”. 12a. “Lessee” and “Lessor” agree and understand that the purpose of this Lease is to obtain and operate a Firearms and Tactical Training Facility for law enforcement and correctional personnel. The Firearms and Tactical Training Facility will be open to all Okaloosa County law enforcement and correctional officers, including all municipal officers and their respective K-9 officers with dogs, for firearms training under the control and supervision of the Sheriff of Okaloosa County, Florida. The Sheriff may charge other agencies a reasonable fee for the use and clean-up of the facility as a result of their use. 12b. In the unforeseen event that State or Federal regulations, requirements or administrative action render the property unusable as a Firearms and Tactical Training Facility, then the Lease shall be terminated until such time as the defect or problem can be resolved. The “Lessee” and the Sheriff of Okaloosa County shall be responsible for all defects or problems caused by the Sheriff’s use of the premises and shall indemnify “Lessor” for defects or problems caused by the Sheriff’s use of the premises. In the event that State or Federal regulations, requirements or administrative action render the property unusable as a Firearms and Tactical Training Facility, then upon termination of the Lease, “Lessee” covenants that it will quit and surrender the premises in as good state of condition and repair as of the date of commencement of this Lease, including the removal of projectile materials and any and all other environmentally hazardous materials placed or deposited on the premises by “Lessee”. 13. “Lessee” agrees to pay all utility charges and deposits incurred with respect to the use of the demised premises. 14, “Lessee” and the Sheriff of Okaloosa County agree that, at the expiration of the term of this Lease, or sooner termination of this Lease, it will quit and surrender said premises leased to and used by said “Lessee” in as good a state of condition and repair as of the date of the commencement of this Lease, including the removal of projectile materials and any and all other environmentally hazardous materials placed or deposited on the premises by “Lessee”, with reasonable wear and tear being excepted. 15. “Lessee” and/or the Sheriff of Okaloosa County shall maintain extended coverage hazard insurance on all improvements on the demised premises for their full and insurable value. As evidence of obtaining such insurance on the improvements, “Lessee” shall supply “Lessor” with a copy of said policy of insurance. 16. Appointment of a Receiver to take possession of “Lessee’s” assets (except a Receiver appointed at “Lessor’s” request as herein provided), “Lessee’s” general assignment for benefit of creditors or “Lessee’s” insolvency or taking or suffering action under the Bankruptcy Act is a breach of this Lease. 17. If “Lessee” breaches this Lease, “Lessor” shall have the following rememdies in addition to its other rights and remedies in such event: a. Reentry. “Lessor” may reenter the premises immediately, and remove all 2 Q? “Lessee’s” personnel and property therefrom. “Lessor” may store the property in a 269? public warehouse or at