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

another place of its choosing at “Lessee’s expense or to Per? “Lessee’s” account. b. Termination. After reentry, “Lessor” may terminate the Lease on giving seven (7) days’ written notice of such termination to “Lessee”, Reentry only, without notice of termination, will not terminate the Lease. c. Reletting Premises. After reentering. “Lessor” may relet the premises or any part therof, for any term, without terminating the Lease at such rent and on such terms as it may choose. “Lessor” may make alterations and repairs to the premises. (1) Liability of “Lessee” on Reletting. “Lessee” shall be liable to “Lessor” in addition to its other liability for breach of the Lease for all expenses of the reletting, and of the alterations and repairs made, which “Lessor” may incur. In addition, “Lessee” shall be liable to “Lessor” for the difference between the rent received by “Lessor” under the reletting and the rent that is due for the same period under this Lease. (2) Application of Rent on Reletting. “Lessor” at its option may apply the rent received from reletting the premises as follows: (a) To reduce “Lessee’s” indebtedness to “Lessor” under the Lease, not including indebtedness for rent; (b) To expenses of the reletting and alterations and repairs made; (c) To rent due under this Lease: (d) To payment of future rent under this Lease as it becomes due. If the new “Lessee” does not pay a rent installment promptly to “Lessor”, and the rent installment has been credited in advance of payment to “Lessee’s” indebtedness other than rent, or if rentals from the new “Lessee” have been otherwise applied by “Lessor” as provided herein, and during any rent installment period are less than the rent payable for the corresponding period under this Lease, “Lessee” agrees to pay “Lessor” the deficiency separately for each rent-installment deficiency period, and before the end of that period. “Lessor” may at any time after such reletting terminate the Lease for the breach because of which it reentered and relet. “Lessor” may recover from “Lessee” on terminating the Lease for “Lessee’s” breach all damages proximately resulting from the breach, including the cost of recovering the premises, and the worth of the balance of this Lease over the reasonable rental value of the premises for the remainder of the Lease term, which sum shall be immediately due “Lessor” from “Lessee”. d. Appointment of Receiver. After reentry, “Lessor” may procure the appointment of a Receiver to take possession of and collect rents and profits from “Lessee’s” business. If necessary, to collect such rents and profits the Receiver may carry on “Lessee’s” business and take possession of “Lessee’s” personal property used in the business, including inventory, trade fixtures and furnishings, and use them in the business without compensating “Lessee” therefor. Proceedings for appointment of a Receiver by “Lessor”, or the appointment of a Receiver and the conducting by him of “Lessee’s” business, shall not terminate this Lease unless “Lessor” has given “Lessee” written notice of such termination as provided herein. 18. If the leased premises shall be damaged by fire, the elements, unavoidable accident or other casualty, regardless of whether the premises shall be rendered unusable in whole or in part, “Lessor” shall have the sole option to rebuild or repair such damage at its own expense and the rent meanwhile shall be abated in whole until the leased premises have been put in complete repair. If “Lessor” elects not to rebuild or repair said premises, then this Lease shall be terminated. Upon the termination of the Lease, “Lessee” covenants that it will quit and surrender the premises in as good a 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”. 19. All rent to be paid hereunder shall be paid to: Wingard Family, LLC Post Office Box 327 Crestview, Florida 32536 or wired directly to “Lessor’s” bank account. 20. “Lessee” shall not sublease, transfer or assign any part or all of said premises or any of its rights as provided herein. 21. “Lessee” agrees that it will pay all costs, expenses and charges, including reasonable attorney’s fees, incurred in proceedings begun or had to enforce the provisions of this Lease, or in collection of the sums secured hereby, and the same shail become a part of such sum so secured. 22. Notices given pursuant to the provisions of this Lease, or necessary to carry out its provisions, shall be in writing, and delivered personally to the person to whom the notice is to be given or mailed postage prepaid, addressed to such person. “Lessor’s” address for this purpose shall be Post Office Box 327, Crestview, Florida 32536, or such other address as it may designate to “Lessee” in writing. Notices to “Lessee” may be addressed to “Lessee” at 101 East James Lee Boulevard, Crestview, Florida 32536. 23. “Lessor’s” waiver of breach of one covenant or condition of this Lease is not a waiver of breach of others, or of subsequent breach of the one waived. 24. This Lease and the covenants and conditions hereof apply to and are binding upon the heirs, successors, legal representatives and assigns of the parties hereto. 25. Time is of the essence of this Lease. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day, month and year first above written. SSw/ol DONALD L. ADAMS Undersheriff Okaloosa County, Florida Date: Au qUsT. 1, 2015 CHAIRMAN, OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this (= day of Auynet: 2013, by DONALD L. ADAMS, Undersheriff of Okaloosa County, Florida, as Lessee, on behalf of the Sheriff of Okaloosa County, Florida. DONALD L. ADAMS is personally known to me or has produced £7 )t. as identification. Te NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: } /jo/2o1s7 My Commission Number is: GE $4145 STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this | st day of buck, 2013, by J. D. WINGARD, JR., Manager/Member of WINGARD FAMILY, LLC, A Florida Limited Liability Company, as Lessor, on behalf of the LLC. J. D. WINGARD, JR. is ersonally known to me or has produced as identification. B NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: | / jolzarS My Commission Number is: © S444 I, » Clerk of the Okaloosa County Commission, do hereby certify that the above Lease was ratified and adopted by the Board of County Commissioners on , 2013. CLERK FLAI~OUS (OSB) OEDTE VORIOTS WELESTOD “CATE NOI? WLROS BoE BHiwagAIING AGNNOD VoOoO nro NOksanns anisistane Wreoit Nd und ans Ra 7 ‘SSUES NSHLA BD S3ONI ONIAGH YO SNILOMLSNNO 3uOIE “TSNNDD “OTT YB3s AL GISIAGY SE INITIO “+ . 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