Okaloosa County BOCC — May 15, 2013 — Joe Swales lease — reading text

ORIGINAL This Lease Agreement made as of this Ist day of April 2013, between OKALOOSA COUNTY, 1804 Lewis Turner Blvd., Fort Walton Beach, Florida 32547 (hereinafter referred to as Lessor), and Joe Swales (hereinafter referred to as Lessee). LEASE AGREEMENT WITNESSETH: For and in consideration of the rental herein reserved, and of the covenants, conditions, agreements, and stipulations of the Lessee hereinafter expressed, the parties agree as follows: 1. Premises. The Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described premises: (a) Being all of that commercial/industrial unit located at _1310C, Odd Fellow Rd, Fort Walton Beach, FL 32547, hereinafter referred to as "leased premises." (b) Together with the right to use in common with Lessor, its employees, invites, and customers, and Lessor's other tenants and their employees, invites, and customers, the parking areas provided by the Lessor, its successors, or assigns, in the designated areas for the parking of automobiles, which are contiguous to the building in which the leased premises are located; provided that the Lessor retains the right to make reasonable rules and regulations with reference to the use of said parking area, including the right to provide for certain reserved parking as, from time to time, determined by the Lessor, and particularly provided that employees, agents, and principals of Lessee shall park in designated areas so as to assure Lessor's other tenants and Lessor's customers and visitors convenient and proximate parking contiguous to the building or buildings in which its tenants are located. (c) Lessee acknowledges that Lessee has inspected the leased premises and hereby accepts same in "as is" condition, and (2) Lessor has made no warranties and/or representations regarding the condition of the leased premises. 2. Term. (a) The term of this Lease shall be for one (1) year commencing on the _1"_day of April, 2013 and terminating on the _3lst_ day of March, 2014. Lessee shall be entitled to extend this lease for two (2) additional years, by giving notice to Lessor at least 30 days prior to the expiration of the initial term, provided Lessee has not been in default of this Lease agreement at any time during the initial term. Lessee may terminate this Lease due to extraordinary circumstances as approved by Lessor with 60 days notice, which approval shall not be unreasonably withheld. (b) During the final four (4) months of this Lease term, Lessor shall be permitted to show prospective tenants the leased premises upon giving Lessee twenty-four (24) hours' notice. 3. Rental. Lessee hereby covenants and agrees to pay to the Lessor at the Courthouse, 101 E. James Lee Bivd., Crestview, Florida 32536, or at such other place as the Lessor may 1 h thereafter for days of the due date thereof. Lessee shall be required to pay to Lessor, in addition to the am sales or rental taxes which are applicable to this lease. ($24.00) ats above, any 4. Use of Premi. for no other p illeg itu te r] private or public + peri he cost t of any of Lessor’s fire and extended pers perty of the Lessor 0 or & . goin eG, Lessee's 8 ‘off ath td ei for ing pau inting, carp many m : oth hout any liabit 7 ty h make any changes, altera ten consent of the Lessor. (b) T TE to the leased pren lises without the writ 2 & r J prem ner containe rs Damage to Lessee's Pr Pr mises. (a) The Lessor and its a agen liable in dam aces, by abatem nerw ise, for rany camag rty of th he loss of or damag a i any other cause whatsoever, wh m0 , 1c Lessor ¢ or its agents shall not be liable f for any injury mag re or loss or interrupt g from fire, explosion, falling Pp electricity, water, rai rt of the build a ing appliances, or pi ¢ he liability of I. Lessor or its agents provid ad h loss; injun vy rR * re cto1 r. he Lessee shall be liab ich | May be caused by its act or a tion, repai mpensate the Les cE sors, for th hereinafter provided in Item 10(d). Waiver of S ubrogation a. Ss hary nless and free ee mnifies and agree : for a i dam c d expense, ag ' ne building i cc mount equal to the full curr 3 and contents. by fire or any casualty y i insurance > Policies, b D iy un by rebuild th promptly as possible, | provided that the | d insur rance . policies are available to Lessor. The Lessor shall not be requi ed rebuild any fixtures tm hold im proven the interior of the nese. 's s exteri or: . ms. Su ch repal airs ef « by Lessor, there shall be mo red Tr ired, nor for any period of delay caused b hall be subject to any delays from Dy ny fire or other casualty ry value of either thereof, wh hether the leased dered untenantable, | then, and i in that event, Lessor may, at its ; uild | th me. . If, as a result of fany nis , Lease or r elect to repair or reb eased premises : ) dem olis or rebul my such event, th i astances, the Les prem nises are “repaired or restored. 11. Default. this Lease to be kept, observed , and perform hi uirty G0) days after the giving of written notice by the Lessor to the Lessee of such default, or if Lessee i he prem mises and pt, or if a ment, t then and in ¢ any such expel all persons : re prosecution therefore, and: mm ruling hereunder; but whether or main liable for the cquivatent of ting, if accruing under the Lease up (b) Lessor shall not be in default unless it fails t to pe rform the obligations required of rty (30) d lays after writ ten notice by Lessee to pecifyi perform. Provided, however, nat if the nature of the specified obligation(s) is such that 1 m hirty GO) days Prmecnces 5 performance within such 30-day period and thereafter diligently prosecutes th com letion. if Lessor has not cured or commenced to cure the default set forth in : day y period, Lessee may at his option either (i) cure such d ble costs and expenses i acurred from the next and succeeding Inis Lease and, hn event, this Lease shall sherenipon me force and eff ohn the cease, term ori a nal dem ra nsincent, | plastic, or otherw ise, unless itted to Lessor i iting, and the Lessor snail ri i location if ee that upon the : 1 conditions aforesaid on esaid : subject, nereafter the Lessee’ s ar to be ot ) G pe hold , and enjoy the prem he terms of this Lease, any m ac, wo 0Q) days a after mail » we ' hereof or such other addre es to Lessee shall be sent to: Jackie res ne Lessee however, the pay! AEE mleres( ag scePruec pense of Enforceme by or ogainst the other party to any litig tuted by or against the oth 6 between Lessor and Lessee, the losing party shall indemnify and hold the prevailing party harmless from all costs and reasonable attorneys' fees incurred by the prevailing party in connection with such litigation. 18. Inspection. Lessee will permit Lessor, its agents, employees, and contractors to enter all parts of the Premises to inspect the same and to enforce or carry out any provisions of this Lease. 19. Non-Waiver. Lessor's or Lessee's failure to insist upon strict performance of any covenant of this Lease or to exercise any option or right herein contained shall not be a waiver or relinquishment for the future of such covenant, right, or option, but the same shall remain in full force and effect. 20. Captions. The captions and headings herein are for convenience and reference only and should not be used in interpreting any provision of this Lease. 21. Applicable Law. This Lease shall be governed by and construed under the laws of the State of Florida. If any provision of this Lease, or portion thereof, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. Time is of the essence in this Lease. 22. Successors. This Lease and the covenants and conditions herein contained shall inure to the benefit of and be binding upon Lessor, its successors, and assigns; and shall be binding upon Lessee, its heirs, executors, administrators, successors, and assigns; and shall inure to the benefit of Lessee and only such assigns of Lessee to whom the assignment by Lessee has been consented to by Lessor. 23. Force Majeure. The time within which any of the parties hereto shall be required to perform any act or acts under this Lease, including the performance of Lessor's and Lessee's work, shall be extended to the extent that the performance of such act or acts shall be delayed by acts of God, fire, windstorm, flood, explosion, collapse of structures, riot, war, labor disputes, delays or restrictions by governmental bodies, inability to obtain or use necessary materials, or any cause beyond the reasonable control of such party, other than lack of monies or inability to procure monies to fulfill its commitment or obligation under this Lease; provided, however, that the party entitled to such extension hereunder shall give prompt notice to the other party of the occurrence causing such delay. The provisions of this Item 23 shall not operate to excuse Lessee from prompt payment of rent, additional rent, or any other payments required by the terms of this Lease. 24. Amendments in Writing. This Lease and the Exhibits attached hereto and forming a part hereof set forth all the covenants, promises, agreements, conditions, and 7 understandings between Lessor and Lessee concerning the Premises, and there are no covenants, promises, agreements, conditions, or understandings, oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Lease shall be binding upon Lessor and Lessee unless reduced to writing and signed by both parties. 25. Authority. Lessee, if a corporation, warrants and represents to Lessor that Lessee's execution of this Lease has been duly authorized by the Lessee's Board of Directors. 26. Copies. This Lease shall be executed in multiple copies, any one of which may be considered and used as an original. IN WITNESS WHEREOF, the parties have hereto executed this instrument on the day and year first written above. LESSOR Okaloosa County DON R. AMUNDS CHAIRMAN ATTEST: DON W. HOWARD LESSEE Witnesses: Jae Swales /] Date YAS//B