Okaloosa County BOCC — September 2, 2014 — Lease Agreement between Okaloosa County Commissioners and Dominion Capital for land on Okaloosa Island — reading text

LEASE # L12-0393-pw DEUENION CAPITAL, LLC LOPMENT/MGMT OF 2.8 + ACR ON OKALOOSA ISLAND (WILD tS . EXPIRES: 08/12/2022~ <= LEASE AGREEMENT — PUBLIC PROPERTY. LEASE This Lease is. made and executed in duplicate by and between OKALOOSA COUNTY, a political subdivision of the State of Florida, herein called Lessor, and Dominion Capital LLC, 755 Grand Blvd, B105-2214, Miramar Beach, FL 32550 herein called Lessee. , i. DESCRIPTION OF PREMISES-EXCEPTIONS: Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, its interest In the real property and improvements located thereon as described as follows: As per Exhibit A attached hereto. Lessee further specifically acknowledges that it has researched the title to the above described property ana that if is only leasing the interests of Lessor in said tract subject to all outstanding interests, restrictions or encumbrances of record, and that Lessor does not warrant iltle or any specific interest in the same. Lessee further acknowledges that portions of the above described property are utilized for retention ponds, and Lessee agrees that it shall not interrupt or disturb the utilization of the same by Lessor for said purpose or aggravate the drainage system for the parcel of property or adjoining properties. Lessee has inspected the aforesaid property and leases the same in an “as Is" condition. Lessee is aware of the fact that a portion of the property Is utilized for the Convention Center and its parking and covenants not. to disturb or otherwise interfere with the continued utilization thereof. 2. TERM: The term of this lease is ten (10) years commencing on the date of execution hereof by Lessor. This Lease shall automatically renew for two (2) additional consecutive periods of ten {10) years each, unless the Lessee provides not less than sixty (60) days written notice to Lessor prior to the expiration date. of the then expiring term of this Lease of its intent to terminate. this Lease. it Last Revised ~ 07/12/2012 Page | LEASE #112-0393-pw DOMINION CAPITAL, LLC DEVELOPMENT/MGMT OF 2.8 +/- ACRE PARCEL ON OKALOOSA ISLAND (WIL EXPIRES: 08/12/2922 "~? WILLY'S) b oe LEASE AGREEMENT gn4 PUBLIC PROPERTY LEASE This Lease is made and executed in duplicate by and between OKALOOSA COUNTY, a political subdivision of the State of Florida, herein called Lessor, and Dominion Capital LLC, 755 Grand Blvd, 8105-2214, Miramar Beach, FL 32550 herein called Lessee, 1, DESCRIPTION OF PREMISES-EXCEPTIONS: Lessor leases to Lessee, and Lessee hires from Lessor, as herein provided, its interest in the real property and improvements located thereon as described as follows: As per Exhibit A attached hereto. Lessee further specifically acknowledges that it has researched the title to the above described property and that it is only leasing the interests of Lessor in said tract subject to all outstanding interests, restrictions or encumbrances of record, and that Lessor does not warrant title or any specific interest in the same. Lessee further acknowledges that portions of the above described property are utilized for retention ponds, and Lessee agrees that it shall not interrupt or disturb the utilization of the same by Lessor for said purpose or aggravate the drainage system for the parcel of property or adjoining properties. Lessee has inspected the aforesaid property and leases the same In an “as is” condition. Lessee is aware of the fact that a portion of the property fs ufilized for the Convention Center and its parking and covenants not to disturb or otherwise interfere with the continued utilization thereof. 2. TERM: The term of this lease is ten (10) years commencing on the date of execution hereof by Lessor. This Lease shall automatically renew for two (2) additional consecutive periods of ten (10) years each, unless the Lessee provides not less than sixty (60) days written notice to Lessor prior to the expiration date of the then expiring term of this Lease of its intent to terminate this Lease. 3. RENT: Lessee covenants and agrees to pay as rent for leasing the attached premises Sixty-five thousand dollars ($65,000.00) per annum in advance annually, with the first such payment being due within ninety (90) days of the effective date of this Lease. The rent shall be adjusted annually thereafter to reflect the increase in the Consumer Price Index. The rent shall be adjusted annually on its anniversary date fo reflect the cost of living adjustment. All Urban Consumers for all tems - U. S. City Average, published by the Bureau of Labor Statistics, U. S. Department of $9 tee a ER ET OST Last Revised - 07/12/2012 Page I Labor, 1982-84 = 1 - {C"CPI-U."). In the event the U, $. Department of Labor, Bureau of Labor Statistics ceases to publish the C.P.L, the parties hereby agree to substitute another equally authoritative measure to change In the purchasing power of the U. S. dollar as may be then available. The annual adjustment shall be effective on each anniversary date of the Lease Term and shall be based upon the percentage difference between the C.P.l. for the previous twelve (12) month period ending December 31 and the C.P.). for the twelve {12} month period ending December 31 of that year of the lease term multiplied by the current year's lease fee. As additional rent or consideration, Lessee covenants and agrees to pay any State sales or other tax of any nature or kind on the rent or other consideration pald to Lessor, plus any ad valorem, intangible, or other tax or assessment on the property, or improvements imposed by State, Federal, or County law, or Ordinance. 4, USE OF PREMISES: Lessee shall submit a proposed plan of development of the property with this bid, which plan shall constitute a part of this Lease (attached). Lessee agrees to resitict the use of the premises to the purposes proposed in the said pian and in its response to the Lessor's RFP # BCC 09-12 and not to use, or permit the use of the premises for any other purpose not specifically stated without first obtaining the consent in writing of Lessor. 5. COMPLIANCE WITH LAW: During the continuance of this Lease, the leased premises shall not be used for any purpose or construction shall not be commenced or pursued in violation of any federal, state, county or local statute or ordinance, or of any regulation, order, or directive of a governmental agency, as such statute, ordinance, regulations, orders or directives now exist or may hereafter provide, concerning the use and safety of the premises or the construction thereon. 6, LESSEE'S RIGHTS AS TO SIGNS: Lessee may, at its own risk and expense, erect or place in a lawful manner signs concerning its activities on the premises. Lessee shall maintain such signs in a good state of repair, and shall repair any damage that may have been done to the premises by the erection, existence, or removal of such signs. At the end of the lease term or any renewal thereof, Lessee shall remove the signs at its expense if requested to do so by Lessor, 7, RIGHT OF LESSEE TO MAKE IMPROVEMENTS OR ALTERATIONS: Lessee shall not improve or alter the demised premises in any manner without the prior written consent of Lessor but shall, before making any improvements or alterations, submit plans and designs therefore to Lessor for its approval, including a proposed time schedule for completion. In the event that the plans and designs are disapproved, such improvements or alterations shall be made only with such changes as may be required by Lessor. All Improvements or alterations erected or made on the demised prernises shall on expiration or sooner termination of this Lease belong to Lessor Last Revised - 07/12/2012 Page 2 without compensation to Lessee. However, Lessor shall have the option, to be exercised on expiration or sooner termination of this lease, to require Lessee to remove any or all such Improvements or alterations. If upon termination or expiration of this Lease, Lessee is not in default, Lessee shall have the right to remove from the leased premises any equipment or trade fixtures that can be removed without damage to the leased premises (and if any damage does occur on any such removal, Lessee shall promptly repair the same}. 8. DUTY TO MAINTAIN PREMISES IN GENERAL: Lessee agrees, af its own expense, to maintain the leased premises and appurtenances thereto in good condition and repair. Lessee agrees to keep the grounds in a clean and orderly condition at all times, this requirement being essential to the continued validity of this Lease. 9, SECURITY: Lessee agrees fo provide at its own expense adequate security guards or personnel to protect its own Interests as well as the visitors and patrons of the property hereby leased. 10. NO ASSIGNMENT OR SUBLEASE WITHOUT LESSOR'S CONSENT: Lessee shall not assign this Lease, or any interest herein, or sublet the leased premises, or any part thereof, or any right or priviege appurtenant thereto, or allow any person other than Lessee and its agents and employees to use the premises or any part of them, without first obtaining Lessor's written consent thereto. Lessor’s consent to one assignment, sublease, or use shall not be a consent to any subsequent assignment or sublease, or occupancy or use by another person. Any unauthorized assignment or sublease shall be void, and shall terminate this lease at Lessor's option. Lessee's interest in this lease is not assignable by operation of law without Lessor's written consent. Lessee shall keep a current list of all its stockholders or partners filed with Lessor. | 11, UTILITIES: Lessee shail at Lessee’s expense, pay for all water, gas, electric power and all other utilities required on the leased premises as related to Lessee's operation from and after the commencement of the term hereof, 12, OPENING & CLOSING TIMES: Lessee shall keep the property open at all times specified In its plan for development which Is attached hereto, unless the written consent of Lessor is obtained to close the same during certain periods of time. 13. INSURANCE REQUIREMENTS: Lessee shall procure and maintain in force during the term of this Lease and any extension hereof, at its 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 the amounts specified in the Bid Specifications (BCC 09-12), or LastRevised-07/12/2012 Page 3 such other amount as may be required by Subsection (5) of Florida Statutes Section 768.28 (1991) as may be amended from fime to time, whichever amount is greater. Such insurance policy shall name Okaloosa County as an additional insured, and shall insure any liability which Okaloosa County may have. In addition, Lessee shall procure and mainiain Workmen's Compensation Insurance as required by Florida Statutes. The policies shall be delivered to Lessor for keeping, Lessee agrees fo obtain a written obligation from the Insurers to notify Lessor in writing at least 30 days prior fo 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 and any extension hereof, Lessor may procure the necessary insurance and pay the premium therefore, and that such premium shall be repaid to Lessor as additional rent at the next annual rental payment. 14, RESTRICTION AGAINST MECHANICS’ LIENS CONSENT OF LESSOR NOT GIVEN: Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or material man for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the demised premises or any part thereof, nor as giving Lessee the right,