Okaloosa County BOCC — March 18, 2014 — Cuts by Angela 3-12-14 — reading text

RECEIVED MAR 03 7014 CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: 6 75/44 Contractor/Lessee Name: C ' bance aay (EX +t, Was xo SBrant Funded: YES” NO a Cevacl C ony bu I Sec Purpose{ ve. Lereunes i Maks ie nee - Lt) cis fT acd Cea Ce dsveyy Date/Term: Inve fp eas rad Day Of Cc Use ak 1. [-] GREATER THAN $50,000 Amount: / en Js oo Fyre.) 2, [] GREATER THAN $25,000 4 od Department: “7th 3, L] $25,000 OR LESS Dept. Monitor Nam etter aoe | PYeren, / Document has been reviewed and includes any attachments or exhibits. Purchasing Review a: Procurement requirements 9) are met: in Date: wa - Purchasing : Director or or Besignee Risk Management Review Approves as writtery a Lo “eft, LA Date:. Risk wioner or “designee County Attorney Review a so LLY Cot nty Attorney / Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager LEASE FOR BARBERING/MASSAGE/NAIL TECH CONCESSION CHAMPION CONTRACTORS, INC. AND CUTS BY ANGELA This LEASE FOR BARBERING/MASSGAE AND NAIL TECH CONCESSION, fully executed this day of , 2014, by and between the COUNTY OF OKALOOSA, a political subdivision of the State of Florida, acting by and through its BOARD OF COUNTY COMMISSIONERS (hereinafter called “COUNTY”) and CHAMPION CONTRACTORS, INC. AND CUTS BY ANGELA, (hereinafter called “LESSEE”): WITNESSETH: COUNTY hereby lets to LESSEE and LESSEE hereby hires and takes from COUNTY at the Northwest Florida Regional Airport in the County of Okaloosa, State of Florida (hereinafter referred to as “AIRPORT”), that certain location in the Terminal. This Lease for Barbering/Massage and Nail Tech Concession (hereinafter called “LEASE”) is subject to the following terms, covenants, conditions, and agreements to be kept, performed, and observed by the LESSEE. SECTION 1: TERM The term of this LEASE shall commence on the date of the formal execution of this LEASE by COUNTY for one (1) three (3) year term. LESSEE will have an option to renew this lease for one (1) additional two (2) year term if LESSEE is in full compliance with the terms of this LEASE and with approval by COUNTY. LESSEE shall give COUNTY at least one hundred twenty (120) days written notice prior to the expiration of this lease of its intent to renew. Either party may, without cause, cancel this Agreement by giving not less than sixty (60) days written notice to the other party, which notice shall state the date and reason for cancellation or termination. SECTION 2: FEES: LESSEE shall pay to the COUNTY twelve (12) percent of the gross sales. Gross sales shall not be offset with other expenses of operation. A certified report of gross sales and all expenses shall be submitted monthly with the payment of the aforesaid fee no later than the fifteenth (15th) day of the month. SECTION 3: ESCALATION CLAUSE: COUNTY reserves the right to increase the fee two (2) percent at the option of lease renewal. SECTION 4: LATE CHARGES: If LESSEE fails to pay no later than the fifteenth (15") day of the month, LESSEE shall then pay interest to the COUNTY at the maximum legal allowable rate authorized by the State of Florida. SECTION 5: ALTERATIONS TO FACILITIES No construction, modification, or alterations of improvements are permitted without prior written approval by COUNTY. SECTION 6: COMPLIANCE WITH GOVERNMENTAL PROCEDURES LESSEE shall conform to all the requirements of applicable State and Federal statutes and regulations and all County Ordinances and regulations, and shall secure such permits and licenses as may be duly required by any such laws, ordinances, or regulations as may be promulgated by COUNTY. SECTION 7: CARE OF LEASED PREMISES LESSEE shall keep said premises neat, clean, and orderly at all times. LESSEE shall not commit or suffer to be committed on the Leased Premises, any waste, nuisance, or unlawful act. SECTION 8: ASSIGNMENT AND SUBLEASE The Leased Premises may not be sublet, in whole or in part, and LESSEE shall not assign this LEASE or any portion of this LEASE at any given time without prior written consent of COUNTY. This LEASE shall be binding on the assigns, transfers, heirs, executors, successors, and trustees of the parties hereto. SECTION 9: RIGHTS OF ENTRY RESERVED COUNTY has the right to inspect the Leased Premises at any time. SECTION 10: BUINESS TAX RECEIPT LESSEE will during the entire term or any extension of this LEASE, obtain a Business Tax Receipt from Okaloosa County and give a copy to COUNTY. SECTION 11: NOTICES Any and all notices to be given under this LEASE may be served by enclosing the same in a sealed envelope and directed to the other party at its address and deposited in the mail as first class mail with postage therein paid. When so given, such notice shall be effective from the date of mailing. Unless otherwise provided in writing by the parties hereto, the address of the AIRPORTS DIRECTOR is as follows: Okaloosa County Airports, Airports Director, 1701 Highway 85 North, Eglin AFB, FL 32542-1498. The address of the LESSEE is Champion Contractors, Inc, Howard J. Holley and Cuts by Angela, Angela Holley, P.O. Box 155, Crestview, Florida 32536. SECTION 12: INSURANCE LESSEE agrees that LESSEE, shall, during the entire term or any extension of this LEASE, keep in full force and effect, a policy of general liability insurance with respect to the leased premises. The limit of general liability shall not be less than ONE MILLION ($1,000,000.00) dollars combined single limit (CSL). LESSEE shall purchase and maintain Worker’s Compensation Insurance Coverage for all workers’ if required by Law and include Employers Liability Coverage of at least $100,000 each person- accident, $100,00 each person-disease, $500,000 aggregate-disease. Prior to occupying the lease premises and annually upon renewal, LESSEE shall furnish COUNTY a Certificate of Insurance evidencing all required insurance. COUNTY will be listed as an additional insured. The Certificate of Insurance shall be delivered to the Contracts and Lease Coordinator, 602 — C North Pearl Street, Crestview, Florida 32536 and a copy to COUNTY. On request, LESSEE shall deliver an exact copy of the policy including all endorsements. COUNTY reserves the right to increase the general liability amount as required. SECTION 13: HOLD HARMLESS 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 intentionally wrongful conduct of the LESSEE and other persons employed or utilized by the LESSEE in the performance of this Agreement. SECTION 14: NON-DISCRIMINATION LESSEE, for its self, its personal representatives, successors, in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that LESSEE shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, COUNTY shall have the right to terminate the LEASE and to reenter and repossess said property and the facilities thereon, and hold the same as if said LEASE had never been made or issued. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21, are followed and completed, including exercise or expiration of appeal rights. SECTION 15: PLACE OF PAYMENTS All payments and notices to COUNTY shall be given or mailed to the following address: OKALOOSA COUNTY AIRPORTS AIRPORTS DIRECTOR 1701 HIGHWAY 85 NORTH EGLIN AFB, FL 32542-1498 SECTION 16: ENTIRE LEASE This LEASE consists of the following: Sections 1 to 16, both inclusive. It constitutes the entire LEASE of the parties on the subject matter hereof and may not be changed, modified, discharged, or extended except by written instrument duly executed by COUNTY and LESSEE. (This remainder of this page intentionally left blank) IN WITNESS, the parties hereto have executed these presents as of the day and year first above written. ATTESTS: GARY J. STANFORD DEPUTY CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA ATTESTS: Leila Ae WITNESS Let Leds WITNESS BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CHARLES K. WINDES, JR. CHAIRMAN ~ HOWARD J. HOLLEY CHAMPION CONTRACTORS, INC. GULAT HOLLEY CWAS BY ANGELA /’ ACKNOWLEDGMENTS STATE OF FLORIDA COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared HOWARD J. HOLLEY, who, under oath, deposes and says that he is the duly authorized to execute contracts and lease agreements and that he executed the foregoing instrument for the uses and purposes contained therein. Pend Sworn and subscribed before me this _/ = day of [Mere LT , 2014. NOTARY PUBLIC ity, _ o > = o mm oa = > > 3 a. = = mr =z utters, z % My Commission expires: [(- AS -1? ACKNOWLEDGMENTS STATE OF FLORIDA "~ COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared ANGELA HOLLEY, who, under oath, deposes and says that she is the duly authorized to execute contracts and lease agreements and that she executed the foregoing instrument for the uses and purposes contained therein. Sworn and subscribed before me this _/& dayof Mere bn , 2014. NOTARY PUBLIC gititttitie, - 2 - “ See DAVID EOWARD MINER * + Notary Public - State of Florida ov. My Comm, Expires Nov 23, 2017 Commission # FF 40599 i OE an ak ‘ie Ate My Commission expires: //~ 23 71? ACCORD | CERTIFICATE OF LIABILITY INSURANCE OP ID: SD DATE (MMIDDIYYYY) 03/11/2014 CHAN-03 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED certificate holder in lieu of such endorsement(s). IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER CONTACT Waidorff Ins & Bonding - FWB PHONE FAX 45 Eglin Parkway NE, Ste 202 (AIC, No, Ext): | {AIC, No): Fort Walton Beach, FL 32548 E-MAN Danny Hare ADDRESS: INSURER{S) AFFORDING COVERAGE NAIC # insurer A: National Trust Insurance Co. 20141 INSURED Champion Contractors, Inc. INSURER B: The FCC! Insurance Company 10178 P.O. Box 155 Crestview, FL 32536 INSURER ¢ : INSURER B: INSURER E : INSURER E > COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY