Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

Sublease, or Rental Lessee will not, without first obtaining the written consent of the City, (a) assign, convey, or mortgage this :lease or any interest under it; (b) allow any transfer or any lien on Lessee' s interest by operation of law; ( c) sublet the premises or any part of them; or ( d) permit the use or occupancy of the premises or any part of them by any person other than Lessee. The City as the owner of the premises may assign or otherwise transfer or convey all of its rights as owner and Lessor under this lease. 12. Insurance on premises a. Liability & Property Insurance Lessee shall, during the entire term of this lease, keep in full force and effect a policy of liability and property damage insurance covering the premises and all activities conducted thereon, in which the limits of liability shall be no less than the standard insurance requirements in effect by the City on the date of execution of this lease. Such insurance policy shall name the City as an additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving City,thirty (30) days prior written notice. b. Indemnification Lessee will indemnify and defend the City and its officers, agents, representatives and employees harmless from and against all claims, actions, damages, liability and expense in connection with loss of life, personal injury and /or damage to property arising from or out of any occurrence in, on, or at the premises or the Building or the occupancy use by Lessee of the premises or any part of the premises, or the Building or any part of the Building occasioned wholly or in part by any act or omission of Lessee or those holding under Lessee or Lessee's agents, employees, or customers. In the event that City shall, without fault on its part, be made a party to any litigation commenced by or against Lessee, Lessee shall protect and hold City and its agents, representatives and employees harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by City, or any of them, in connection with any litigation. Lessee shall also pay all costs, expenses, and reasonable attorney's fees that may be incurred or paid by City in enforcing the terms, Page 3 of 6 Emerald Coast Science Center Lease 114- covenants and obligations of this lease on Lessee' s part to be performed. Lessee shall fully comply with all health and police regulations of insurance carriers writing policies covering the Building. C. Sovereign Immunity Nothing herein shall be deemed to be a waiver by the City of its rights to sovereign immunity. 13. Default If Lessee defaults in the payment of rent or in the performance of any of the other covenants or conditions of this agreement, City may give Lessee notice of that default. If Lessee does not cure any rent or default within ten ( 10) days, or otherwise on or before the date required by the City, then City may terminate this lease on not less than five ( 5) days' notice to Lessee. On the date specified. in the notice of termination, the term of this lease shall terminate and Lessee shall then quit and surrender the premises to City. This provision shall not limit the City' s right to seek any other available remedy allowed by law. 14. Effect of Failure to Insist on Strict Compliance with Conditions The failure of either party to insist on strict performance of any covenant or condition of this agreement, or to exercise any option contained in this agreement, shall not be construed as a waiver of that covenant, condition, or option in any other instance. 15. Effect of Other Representations No representations or promises shall be binding on the parties to this agreement except those representations and promises contained in this lease or in some future writing signed by the party making those representations or promises. This lease cannot be changed or terminated orally. 16. Peaceful Enjoyment City covenants that if and so long as Lessee pays the rent as provided in this lease and performs the covenants of this lease, Lessee shall peaceably and quietly have, hold, and enjoy the premises for the term of this lease, subject to the provisions of this lease. 17. Estoppel Certificate Lessee will from time to time on not less than ten ( 10) days prior request by the City, deliver to the City a statement in writing certifying ( a) that this lease is unmodified and in full force and effect; ( b) the dates to which the rent and other charges have been paid; and ( c) that Lessee is not in default under any provision of this lease. 18. Radon Gas Notification Radon is a naturally occurring radioactive gas that, when it has accumulated in a premises in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in premises in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Page 4 of 6 Emerald Coast Science Center Lease 115- 19. Miscellaneous a. Section Headings The section headings in this lease are intended for convenience only and shall not be taken into consideration in any, construction or interpretation of this lease or any of its provisions. b. Executed in Duplicate Provisions inserted in this lease or affixed to it shall not be valid unless the provisions also appear in the duplicate original lease held by City. In the event of variation or discrepancy, City's duplicate shall control. C. Recording at Lessee' s Expense The City, at its discretion, may have this lease recorded and invoice Lessee for the cost of such recording. Lessee shall pay the cost of recording within ten days of issuance of the invoice. Duly Executed: For: Emerald Coast Science Center 2009 Dated I= Witness President Printed Name: Witness Printed Name: Before me, the undersigned notary, on the day of , personally appeared in his representative capacity as President of who is personally known to me or has produced identification: Notary Public Page 5 of 6 Emerald Coast Science Center Lease 116- For: City of Fort Walton Beach 2009 Dated Attest: M Mike Anderson, Mayor Helen Spencer, City Clerk, Before me, the undersigned authority, on the day of , personally appeared Mike Anderson and Helen Spencer, in their representative capacity as the City Mayor and the City Clerk, did execute this instrument in the name of the City of Fort Walton Beach, Florida. Notary Public Prepared by and approved as to form and legal sufficiency: Toni L. Craig, Fla. Bar No 115444 c/ o PO Box 4009, Fort Walton Beach FL 32549 Attorney for City of Fort Walton Beach Page 6 of 6 Emerald Coast Science Center Lease 117- Attae ent A a v 1 0 z W a a u w uwi m V N !EC N c ID3PjlS S> iMle a m o. 3 o C, o U 0 w O a W w u W r 0 m u rU wJ CL N L 00 E O C 3 v 3 co N CT O O w a C3 O O O N •- L N Q 118-  g » 0 t f i. <>  City Council Regular Meeting October 13, 2009 This page is left intentionally blank 120-  CITY COUNCIL MEETING October 13, 2009 Discussion - Direction - Action Action: Approval of Kiwanis Charities Lease Synopsis: As directed by Council, staffhas negotiated a renewal lease Agenda Item Number: 9. 4  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: September 29, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manager SUBJECT: Kiwanis Charities of Fort Walton Beach. Inc., Lease 1. Background At the August 8 City Council meeting the council voted for the city manager to negotiate