Okaloosa County BOCC — 2013 meeting #1139 (date undetermined) — Copy of original lease — reading text

Facility Management Lease Between Board of County Commissioners Okaloosa County, Florida To Baker Area Recreation Association, Inc. The Board of County Commissioners, Okaloosa County, Florida (Hereinafter referred to as “COUNTY”) leases to Baker Area Recreation Association, Inc, (Hereinafter referred to as “LESSEE”) the horse arena and reception hall at the Baker Recreation Center. This lease is effective the 5th day of May, 2003. For and in consideration of the use of the horse arenas, reception hall and mobile home; transfer of property ownership to COUNTY by warranty deed; and other valuable consideration, the parties hereto agree as follows: 1. LESSEE is granted sole authority to manage the horse arenas and reception hall for events organized or approved by LESSEE throughout the year. During times the LESSEE has no events scheduled, LESSEE shall schedule time to allow the general public to use the premises including the arena without charge. Additionally, LESSEE is granted sole authority to use and/or lease or rent the mobile home, 2. All organizations or vendors authorized to schedule events by the LESSEE shall carry adequate commercial liability, workers compensation and other insurance to protect the interest of the COUNTY and the LESSEE. The nature and activity of the event shall determine the amount of insurance required; however, the amount of such liability coverage shall not be less than a combined single limit of one million dollars. In addition, such organizations and vendors shall sign an indemnification and hold harmless agreement in favor of COUNTY. 3, LESSEE is responsible for maintaining the premises in a clean and sanitary condition. This includes housekeeping and lawn maintenance of the area in and around the horse arena, reception hall and mobile home. All trash and waste material shall be removed promptly. LESSEE shali at all times maintain premises in compliance with all regulatory requirements. LESSEE is responsible for all telephone and office expenses it incurs. 4. COUNTY shall pay the water, natural gas and electric utilities. Once this lease is approved by the Okaloosa Board of County Commissioners, COUNTY agrees to assume these costs retroactively to January 1, 2003. In addition, COUNTY shall consider funding through the County’s annual budget process for any major repairs to the arena and reception hall. ': 5, Both LESSEE and COUNTY shall cooperate in securing financial grants to renovate and improve the premises. . 6. LESSEE agrees to utilize revenues derived from the use of the facilities, including fees and event profits, for general facility maintenance, facility improvements and recreational functions. Additionally, LESSEE agrees, that within ninety (90) days of the end of the County’s fiscal year, to provide the County with an audit performed by an independent certified accountant of all income and expenses. 7. The initial term for this lease shall be five years from the effective date. This Agreement may be terminated by either party, at any time, with or without cause, upon no less than one hundred-twenty (120) days notice, in writing to the other party. On expiration of the initial five year term, the lease may be renewed with the mutual agreement of LESSEE and COUNTY. 8. The annual lease fee is one dollar. 9. LESSEE is an independent contractor. Under no circumstance is LESSEE to be considered an agent or employee of the COUNTY. As an independent contractor LESSEE retains the right to organize events at other venues both in and outside Okaloosa County, Florida. 10. LESSEE shall maintain public liability insurance against Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The amount of such liability coverage shall not be less than a combined single limit of one million dollars. The insurance contract shall list Okaloosa County as an Additional Insured. 11. To the fullest extent permitted by law, LESSEE shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the LESSEE and other persons employed or utilized by the LESSEE in the performance of this Agreement. 12, COUNTY retains the right to post safety and other informational signage on the property. The presence or absence of such signage shall not relieve LESSEE, organizers or vendors from warning the public about hazards associated with particular events: IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives. - FOR Baker Area Recreation Association, Inc. by Lhtbim. Ah Marbled William A. Barnhill, President Paula Riggs, Chairman ti Date OF -oG-e3 Date OF +0 §- 23 Revised June 11, 2003