Okaloosa County BOCC — April 5, 2016 — RevisedLetterBOCC 03212016

Burton Law and Title, P.L. Jennifer J. Burton, Esq. Phone (850) 362-0278 151 Mary Esther Blvd., Suite 502A Fax (850) 362-0282 Mary Esther, FL 32569 www.burtonlawandtitle.com March 21, 2016 Board of County Commissioners Okaloosa County 1250 N. Eglin Parkway, Suite 100 Shalimar, FL 32579 RE: Sublease Agreement between Surfside Venture, Inc. and ARC of the Emerald Coast Dear Commissioners, I have the pleasure of assisting Surfside Venture, Inc. and ARC of the Emerald Coast with the proposed sublease with respect to The Boardwalk on Okaloosa Island. The parties would like to request permission and approval for the execution of a sublease of a small portion of the parking lot referred to as the “island area.” We have detailed the terms for your convenience and attached the proposed sublease for your approval. The terms of the proposed Sublease are generally as follows: 1. ARC of the Emerald Coast (referred to as Subtenant) is to sublease the “island area” in the parking lot of The Boardwalk on Okaloosa Island from Surfside Venture, Inc. (referred to as Tenant). 2. The premises are to be used for placement of an Ice machine from which 100% of the receipts will benefit ARC of the Emerald Coast. 3. ARC of the Emerald Coast will be responsible for all signs and compliance with all sign requirements at its own cost. 4. ARC of the Emerald Coast will place the ice machine on eth premises as soon as the sublease is approved and signed. The sublease is continual with a 90 day termination notice requirement. 5. ARC of the Emerald Coast will not pay any rent and will not provide a security deposit. 6. ARC of the Emerald Coast will remove the receipts form the machine, clean and maintain the machine, and clean the area around the machine every other day. 7. Notice to the parties will be by mail to the provided addresses. 8. ARC of the Emerald Coast will be separately billed for water and electricity and is responsible for payment of the charges. 9. ARC of the Emerald Coast will comply with all environmental laws. 10. ARC of the Emerald Coast will hold harmless Surfside Ventures, Inc. from any claims due to the use of the premises and will indemnify Surfside Ventures, Inc. from liability. 11. ARC of the Emerald Coast will maintain insurance in an amount not less than $1,000,000 and add both Okaloosa County and Surfside Ventures, Inc.as additional named insureds. 12. Surfside Ventures, Inc. will have access to the premises. 13. ARC of the Emerald Coast will notify Surfside Ventures, Inc. of any damages to the premises. 14. Upon termination of the sublease, ARC of the Emerald Coast will remove its property and return the premises in good condition. 15. If requested, ARC of the Emerald Coast will provide an estoppel certificate. 16. The words of the agreement are inclusive and waiving one breach is not waiver of any additional items. The agreement is governed by Florida law, contains all of the terms, can be amended only in writing with any necessary approval by the County, and is severable if any portion of the agreement is invalid. In summary, Surfside Ventures, Inc. and ARC of the Emerald Coast believe that the provision of an ice machine is a good fit and amenity to the property, will benefit the public, and benefit the charity. It is the request of Surfside Ventures, Inc. and ARC of the Emerald Coast that the Okaloosa Board of County Commissioners approve the attached sublease and sign said lease in order to expedite the placement of the ice machine. Thank you for your consideration of the matter. Sincerely, Jennifer J. Burton, Esq. Enclosure