Okaloosa County BOCC — December 15, 2015 — proposed Lease Agreement — reading text

and state of repair, and Lessee agrees that no representations, statements, or warranties, expressed or implied, have been made by or on behalf of Lessor in respect therein except as contained in the provisions of this Lease, and Lessor shall in no event be liable for any latent defects within the Leased Premises. SECTION FIFTEEN WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Lessor may have to enforce performance of the terms and conditions of this Lease at any time. SECTION SIXTEEN NOTICE All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and with return receipt requested, to the party to be notified at the address set forth below or at such other address as either party may from time to time designate in writing. As to Lessor: Jeff Littrell, Director Okaloosa County Water & Sewer 1804 Lewis Turner Blvd., Suite 300 Ft. Walton Beach, FL. 32547 (850) 651-7172 jlittrell@co.okaloosa.fl.us As to Lessee: Peter Leenman, Owner Coastal States Contractors, Inc. 505 Mountain Drive, Unit O Destin, FL. 32541 (850) 368-5072 peter(@coastalstates.biz, jeffl@coastalstates.biz SECTION SEVENTEEN ASSIGNMENT, MORTGAGE, OR SUBLEASE Neither Lessee nor its successors or assigns shall assign, mortgage, pledge or encumber this Lease or sublet the Leased Premises, in whole or in part, or permit the Leased Premises to be used or occupied by others, nor shall this Lease be assigned or transferred by operation of law, without the prior consent in writing of Lessor in each instance. If this Lease is assigned or transferred, or if all or any party of the Leased Premises is sublet or occupied by anybody other than Lessee without Lessor's written consent, Lessor may declare Lessee in default and may terminate the entire Lease and demand Lessee vacate the entire Leased Premises and surrender control of the Leased Premises by to Lessor within fifteen (15) calendar days from service of notice of default to Lessee by Lessor. Any consent by Lessor to sublease or transfer any portion of the Leased Premises to any other party is limited to that specific request and docs not construe consent by Lessor to any other transfers or sublets. SECTION EIGHTEEN LEASE TERMINATION Lessor may terminate the Lease for convenience and be released from all obligations thereunder by providing Lessee with notice in writing at least ninety (90) days prior to the Lease termination date. SECTION NINETEEN SURRENDER OF POSSESSION Lessee shall quietly and peaceably vacate the Leased Premises and surrender possession to Lessor on or before the last day of the Lease, or on an earlier termination and forfeiture of the Lease, free of subtenancies, in good condition and repair. Lessee shall remove all property of every description in the Leased Premises that is not the property of Lessor on or before 12:00 a.m. (midnight) on the last day of the Lease. SECTION TWENTY DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this Lease by Lessee: 1. If Lessee, or any successor or assignee of Lessee while in possession shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or shall voluntarily take advantage of any such act by answer or otherwise or shall make an assignment for the benefit of creditors. 2. If voluntary proceedings under any bankruptcy law or insolvency act shall be instituted against Lessee or if a receiver or trustee shall be appointed of all or substantially all of the property of Lessee, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within Sixty (60) days after the institution or appointment 3. If Lessee shall fail to pay Lessor any rent, or additional rent required hereunder when such become due and shall not make the payment within Fifteen (15) days after notice thereof by Lessor to Lessee. 4. If Lessee shall fail to perform or comply with any of the conditions of this Lease and if the nonperformance shall continue for a period of Fifteen (15) days after notice thereof by Lessor to Lessee or, if the performance cannot be reasonably had within the 15 day period, Lessee shall not in good faith have commenced performance within the Fifteen (15) day period and shall not diligently proceed to completion of performance. 5. If Lessee fails to maintain in full force and effect the insnrmlce coverages required pursuant to Section 10 or fails to name Lessor as an additional insured on such insurance policies. 6. If Lessee shall vacate or abandon the Leased Premises. 7. If this Lease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on any other person or party, except in the manner herein permitted. 8. If Lessee fails to take possession of the Leased Premises on the term commencement date or within ten (10) days after notice that the Leased Premises are available for occupancy, if the term commencement date is not fixed herein or shall be deferred as herein provided. SECTION TWENTY-ONE EFFECT OF DEFAULT In the event of any default hereunder, as set forth in Section Twenty, the rights of Lessor shall be as follows: 1. Lessor shall have the right to cancel and terminate this Lease, as well as all of the right, title, and interest of Lessee hereunder, by giving to Lessee not less than Fifteen (15) days’ notice of the cancellation and termination. On expiration of the time fixed in the notice, this Lease and the right, title, and interest of Lessee hereunder, shall terminate in the sanle manner and with the same force and effect, except as to Lessee's liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. 2. Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term, or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. 3. Lessor may re-enter the premises immediately and remove the property of Lessee, and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After re-entry, Lessor may terminate the Lease by giving Fifteen (15) days written notice of termination to Lessee. Lessee shall be responsible to pay to Lessor all costs of making any repairs to the Leased Premises that were the responsibility of Lessee, and if not paid Lessor shall be entitled to a judgment against Lessee for said sum. 4. Lessor shall have any other remedy available by law. SECTION TWENTY-TWO TOTAL AGREEMENT; APPLICABLE TO SUCCESSORS; THIRD PARTY BENEFICARIES This Lease contains the entire agreement between the parties and cannot be changed except by written instruments subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. It is specifically agreed between the parties that this Lease Agreement is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit under this Lease for anything including but not limited to personal injuries or property damage pursuant to the terms or provisions of this Agreement. SECTION TWENTY-THREE APPLICABLE LAW AND VENUE This agreement shall be governed by and construed in accordance the Laws of the State of Florida. The venue for any legal actions relating to this Lease shall be brought in the Courts in and for Okaloosa County, Florida. SECTION TWENTY - FOUR AUTHORITY Lessee, is 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. IN WITNESS WHEREOF, the parties have hereto executed this instrument on the day and year first written above. OKALOOSA COUNTY, FLORIDA Lessor Nathan D. Boyles ATTEST Chairman J.D. Peacock II, Clerk COASTAL STATES CONTRACTORS, INC. Lessee \H__.__ S = Peter Leenman A Owner Witnesses to Lessee’s signature: MW W P2 phi Luin Wourrea St £ e Prmte)l Name Printed Name