Okaloosa County BOCC — October 4, 2013 — JOES UPHOLSTERY LEASE — reading text

EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM / L07-0282-WS Date: Gedl aye. JOE'S UPHOLSTERY . 1310 F ODDFELLOW ROAD, FWB Contract/Lease Control #: : Bid #: N/A ContractiLease Type: REVENUE Award To/Lessee: JOE’S UPHOLSTERY Lessor: OKALOOSA COUNTY (WATER & SEWER) Effective Date: 11/1/2006 #'$ RENEWABLE 1 YEAR ° Description of Contract/Lease: BLDG B 1310 F ODD FELLOW RD, FWB Department Manager: WATER & SEWER . AS hfe f! Department Monitor: Ve bt PPA Monitor's Telephone #: 651-7172 Monitor's FAX #: 651-7193 Date Closed: oli (ad a- A[0 ls ig ll [AOlA- GF (2O YZ pol (1 20le- GLI CE Board of County Commissioners Purchasing Department State of Florida 08/22/2012 CONTRACT/LEASE RENEWAL FORM Joe's Upholstery Attn: Joe McKinzie 1310 F Oddfellow Rd, LEASE # L07-0282-WS Fart Walton Beach, FL. 32547 JOE'S UPHOLSTERY 1310 F ODDFELLOW ROAD, FWB RE: £07-0282-WS EXPIRES: 09/30/2013 Dear Mr. McKinzie: The Okaloosa County Water & Sewer Department wishes to renew the subject contract/lease, #L07-0282-WS for an additional term. The contract renewal period will be 10/01/2012 to 09/30/2013. If you are in agreement, please sign below and return this form along with a current Certificate of Insurance listing Okaloosa County as co-insured (if applicable)to Mark Griffin, Logistics Supervisor, (850)651-7176. COUNTY REPRESENTATIVE — AUTHOURIZED COMPANY REPRESENTATIVE ~ - ¢ Contractor: a C Me Kew 2 Approved Byb-7 er? 4 Lana? . Dept./Director: Water & Sewer, Approved By: Ls print Name: (Uctybta le Drénntoal PrintName: <Pee Yn “Ket fe, rie: Pagaaine Olec@- nile: uvhoephery Rey mir Date: ov. Wee pate: 7 2 2. / / Due County Department Instructions: 1) Obtain signatures from Department Director and authorized Company Representative. (Purchasing Director, County Administrator or BCC Chairman, if necessary) Make sure the company provides a current Certificate of Insurance. (If applicable) 2) Keep a copy of this form for your records, 3) Send original to; Jack Allen, Purchasing Services Manager. If you have any questions please contact Jack Allen at 850-689-5960, Fax~850-689-5998, e-mail: t , LEASE # L07-0282-WS JOE'S UPHOLSTERY 1310 F ODDFELLOW ROAD, FWB LEASE AGREEMER EXPIRES: 09/30/2012 This Lease Agreement made as of this 1st day of October 2011, between OKALOOSA COUNTY, 1804 Lewis Turner Blvd., Fort Walton Beach, Florida 32547 (hereinafter referred to as Lessor), and _Joe’s Upholstery (hereinafter referred to as Lessee). 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 _1310 F OddFellow 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 October, 2011 and terminating on the 30"_ day of September, 2012. 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 Blvd., Crestview, Florida 32536, or at such other place as the Lessor may from time to time designate in writing, as rental for said premises during the term of this Lease, an annual rental, payable monthly in advance, beginning on the first day of commencement of this Lease and continuing on the same day of each month thereafter for the entire term of this Lease as follows: (a) $400.00 _ per month during the-term of this Lease; ($424.00) (b) a sum equal to 10% of any rent not received by Lessor within ten (10) days of the due date thereof. Lessee shall be required to pay to Lessor, in addition to the amounts above, any sales or rental taxes which are applicable to this lease. ($24.00) 4. Use of Premises. The Lessee shall use said premises for commercial/industrial use and for no other purpose whatsoever. Lessee shall comply with all present and future laws or ordinances applicable to the leased premises and shall not commit or suffer waste on the premises, or use or permit anything on the premises which may be illegal, or constitute a private or public nuisance, or conflict with or invalidate or increase the cost of any of Lessor's fire and extended coverage insurance, or which may be dangerous to persons or the property of the Lessor or other tenants of Lessor's building, their agents, servants, employees, and customers. Notwithstanding the foregoing, Lessce's effecting an increase in the cost of any of Lessor's fire and extended insurance is curable by Lessee's payment of such increase in cost. 5. Repairs, Maintenance, and Changes by Lessee (a) The Lessee shall make all necessary repairs to the interior of the leased premises, including window and plate glass and the fixtures and equipment therein or used in connection therewith, including the maintenance of all fixtures and equipment located within the leased premises, which repairs shall be in quality and class equal to the original work, in order to maintain said premises, fixtures, and equipment in good condition and repair; provided, however, that the Lessee shall be responsible for any painting, carpeting, or any repair necessitated by the Lessee's neglect or omission. If Lessee fails to perform its obligations of maintenance or repair hereunder, Lessor is authorized to come onto the leased premises, make such repairs, and upon billing to the Lessee by the Lessor, Lessee shall reimburse the Lessor for the costs of such repairs plus interest thereon at the lesser of the highest legal rate allowed in the State of Florida or 10 points above the prime rate of interest charged by Regions Bank (or its successor). Upon the expiration of or prior termination of this Lease, the Lessee shall remove all property of the Lessee from the premises, except plumbing and other fixtures and leasehold improvements which may have been installed by the Lessee and except as otherwise provided in this Lease, and surrender the leased premises to the Lessor "broom clean" in as good order and condition as they were upon Lessee commencing business, or were placed by Lessee thereafter, ordinary wear and tear and damage by fire excepted. Any property left on the premises after the expiration or other termination of this Lease may be disposed of by Lessor in any manner and without any liability to the Lessee. 2 (b) The Lessee shall not make any changes, alteration, additions, or improvements to the leased premises without the written consent of the Lessor. (c) The Lessee shall maintain the plumbing and heating lines, and all repairs to the plumbing and heating lines shall be at the expense of the Lessee. 6. Utilities. All electric, light, heat, power, fuel, gas, garbage, and any other utility service charges and assessments shall be paid by the Lessee for the benefit of the leased premises. Lessor shall be permitted to inspect the leased premises from time to time to assure that Lessee is complying with this provision. 7, Janitorial Services. Lessee agrees to keep all rubbish and garbage in containers while on the leased premises and shall dispose of all of such rubbish and garbage in the dumpster or other containers as required by the garbage service. The Lessee shall perform and provide for all of Lessee's janitorial services required on the leased premises. 8. Damage to Lessee's Property or Premises. (a) The Lessor and its agents shall not be liable in damages, by abatement in rent or otherwise, for any damage either to the person or the property of the Lessee, or for the loss of or damage to any property of the Lessee by theft or from any other cause whatsoever, whether similar or dissimilar to the foregoing. The Lessor or its agents shall not be liable for any injury or damage to persons or property, or loss or interruption to business resulting from fire, explosion, failing plaster, steam, gas, electricity, water, rain, snow, or Jeaks from any part of the building, or from the pipes, appliances, or plumbing works, or from the roof, street, or subsurface, or from any other place, or by dampness, or by any cause of whatsoever nature; nor shall the Lessor or its agents be liable for any damage caused by other tenants or persons in said building, or caused by operations in construction of any private or public or quasi-public work. None of the limitations of the liability of Lessor or its agents provided for in this subsection (a) shall apply if such loss, injury, or damages are proximately caused by the gross negligence or breach by the Lessor, its agents, employees, or independent contractor. (b) Lessee's Liability for Damage to Lessor's Property. The Lessee shall be liable for any damage to the building or property therein which may be caused by its act or negligence, or the acts of his agents, employees, or customers, and the Lessor may, at its option, repair such damage, and the said Lessee shall thereupon reimburse and compensate the Lessor as additional rent, within five (5) days after rendition of a statement by the Lessor, for the total cost of such repair and damage, except as hereinafter provided in Item 10(d). 9. Indemnity, Liability Insurance, Building Insurance, Waiver of Subrogation (a) The Lessee hereby indemnifies and agrees to hold the Lessor harmless and free from damages sustained by person or property, and against all claims of third persons for damages arising out of the Lessee's use of the leased premises, and for all damages 3 and monies paid out by Lessor in settlement of any claim or judgments, as well as for all expenses and attorneys’ fees incurred in connection therewith. (b) Lessee shall, during the entire term of this Lease and any renewal hereof, keep in fall force and effect a policy of public Hability insurance with minimum limits of $100,000 per person/ $300,000 per occurrence on the leased premises, and the business operated thereon by Lessee. Lessee shall provide that Okaloosa County is named as an additional insured on said policy. Lessee shall further file a copy of the said policy in the office of the Water and Sewer