HomeMy Public PortalAboutHead Start Lease AgreementCOMMUNITY DEVELOPMENT INSTITUTE
%.41, -I-.A3 S AR.
SERVING OKALOOSA COUNTY, FL
LAND LEASE AGREEMENT
THIS LEASE is entered into by City of Crestview, Florida ("Landlord") and Community
Development Institute Head Start, a C olorado nonprofit corporation ( "CDI HS") serving
Okaloosa County, FL . The parties agree as follows:
CDI HS AS INTERIM GRANTEE Landlord and CDI HS acknowledge that CDI HS is
operating a Head Start/Early Head Start program in the local community as an interim
grantee . This Lease is intended to allow CDI HS to lease property necessary for operation of
the local Head Start/Early Head Start program, with the understanding that the obligations of
CDI HS with respect to this Lease and the Premises (defined below) will end when CDI HS is
no longer funded as the inte rim grantee for the local Head Start/Early Head Start program.
1. PREMISES
Landlord leases to CDI HS and CDI HS leases from Landlord, upon all of the terms and
conditions hereof, land located at:
Lots 11 and 12, Block 8, Ferdon Heights Subdivision ,
Okaloosa County, Florida
2. TERM
a. The term of this Lease shall begin on September 1, 2021, which is the date the
Agreement becomes effective, even if it is signed at a later date , and shall continue,
unless sooner terminated o r extended as herein provided, until July 31, 2026.
b. Early Termination b` Tenant. Notwithstanding anything to the contrary contained
herein, CDI HS shall have the right to terminate this Lease by giving Landlord 30 days'
written notice at any time during the term of this Lease. Upon such termination of
this Lease, CDI HS shall have no further obligations or responsibilities under this Lease
or relating to the Premises, and Landlord shall be deemed to have released CDI HS
from any such further obligations or responsibilities without the need for further
action on the part of Landlord or CDI HS.
c. Early Termination by Landlord. Notwithstanding anything to the contrary contained
herein, Landlord shall have the right to terminate this Lease by giving CDI HS 180 days'
written notice at any time during the term of this Lease. Upon such termination of
this Lease, Landlord shall have no further obligations or responsibilities under this
Lease or relating to the Premises, and CDI HS shall be deemed to have released
Landlord from any such further obligations or responsibilities without the need for
further action on the part of Landlord or CDI HS
3. RENT CDI HS agrees to pay, and Landlord agrees to accept, as rent for the Premises , the
sum of One Dollar, ($1) per year.
4. PROPERTY TARE&andlord shall be responsible for and shall pay when due all real estate
taxes and special assessments which at any time during the term hereof may be assessed,
levied, imposed upon or become due and payable with respect to the Premises.
5. COSTS AND UTILITIES.
a. Paid by CDI HS : In addition to the monthly rent set out in Paragraph 4, CDI HS
shall be responsible for direct payment of the following costs:
All
b. Paid by Landlord : The Landlord shall be responsible for direct payment of the
following costs, which are included in the monthly rent set out in Paragraph 4:
None
6. DEPOSIT:No Deposit required
7. USE OF REMISES CDI HS shall use and occupy the Premises only for the purpose of
providing Head Start/Early Head Start services, and directly related activities, and for no
other purpose.
8. CONDITION OF FREMISESCDI HS accepts the leased premises in their present, as -is
condition.
9. INSURANCE
a. CDI HS's Insurance . CDI HS shall, at its expense, at all times maintain:
1. Insurance with respect to CDI HS's property , if any, equipment, machinery, and
personal property against loss or damage by fire, lightning, windstorm, tornado,
hail and other risks as are customarily covered by extended coverage; and
2. Commercial general liability insurance against claims for death and bodily injury
arising on or about the Premises, with a limit of not less than $ 1,000,000 per
occurrence, $3,000,000 in the aggregate.
b. General . Within ten (10) days after the execution of this Lease, and prior to the
expiration of each policy, each party shall furnish to the other a certificate of
insurance evidencing the coverage required hereunder and upon request shall furnish a
copy of any policy required hereunder.
1Q DAMAGE OR DESTRUCTION OF PREMISfftSthe event the Premises are damaged or
destroyed by fire or other casualty to the extent that a substantial part of the Premises
are rendered substantially unten anta ble , CDI HS may terminate this Lease by written
notice to Landlord given within 30 days after such damage or destruction. If CDI HS does
not give such notice to terminate, then Landlord may, at its opti on, immediately terminate
this Lease or elect to restore the Premises to a condition at least as good as exists on the
Page 2 of 1
date hereof, and rent shall abate hereunder from the date the Premises are rendered
un ten ant able until the date the Premises are restored to ten ant ability.
11 DEFAULT:
a. Bv CDI HS: In the event that CDI HS defaults in the performance of any obligation
under this Lease , including abandonment of the Premises , Landlord shall provide CDI HS with
written notice of the default. If the default in performance by CDI HS is not cured within
thirty (30) days after receipt of notice of default from Landlord , CDI HS shall vacate the
Premises and return it to Landlord within the same thirty (30) day period. Subject to
Paragraph 3(b) and the duty of Landlord to mitigate damages, Landlord shall retain the right
to compensation for all amounts due and owed by CDI HS to Landlord under this Lease if
Landlord re -takes possession of the Premises due to non - performance of this Lease by CDI
HS.
b. Bv Landlord : In the event that Landlord defaults in the performance of any
obligation under this Lease , CDI HS shall provide Landlord with written notice of the default.
In the event that the default is not cured within thirty (30) days, CDI HS may at its sole
discretion immediately terminate this Lease by notice to Landlord, in which event CDI HS
shall have no further obligations hereunder
12. ASSIGNMENTCDI HS shall not assign the Lease or sublet all or any part of the Premises
without Landlord's prior written consent, which consent shall not be unreasonably
withheld or delayed.
13. NOTICE: Formal notice under this agreement shall be given in writing to the addresses
listed be low. It is effective on the date of delivery. If notice is by US mail, delivery is
presumed to be completed three (3) days after the date upon which notice was mailed.
Informal communication may be by e - mail, phone call, or in - person.
If to Landlord:
City Manager
198 North Wilson Street
Crestview, Florida 32536
If to CDI HS:
CDI HS Serving Okaloosa County, FL
PO Box 838
Shalimar, FL 32579
With Copy to:
NIC Project Director
CDI Head Start
10065 E. Harvard Avenue, Suite 700
Denver, CO 80231
14. LANDLORD WARRANTIE&s of the date of execution of this Lease, Landlord represents
and warrants to Tenant the following: 1) Landlord is the fee simple owner of and has access
right s to the Premises; 2) Landlord has the right to make this Lease and perform the
obligations herein ; and 3) Tenant's intended use and occupancy of the Premises complies with
all zoning laws and ordinances affecting the Premises
Page 3 of 1
15. MISCELLANEOUS.
a. Severabil itv. Amendment Bindin« Effect Etc. If any term of this Lease or any
application thereof shall be invalid or unenforceable, the remainder of this Lease and any
other application of such term shall not be affected thereby. This Lease contains the entire
agreement of the parties, and neithe r party is relying upon any representation not contained
herein. This Lease may be amended only by an instrument in writing signed by the Landlord
and CDI HS. This Lease shall be binding upon and inure to the benefit of and be enforceable
by the respect ive successors and assigns of the parties hereto. The headings of this Lease
are for purposes of reference only and shall not limit or define the meaning hereof.
b. Oration to Renew . Landlord grants CDI HS the option, exercisable by written notice to
Lan dlord at least 30 days prior to the expiration of the initial term of this Lease, to renew this
Lease for an additional five -year term immediately following the end of such initial term. All
provisions of this Lease shall be applicable to any such renewal term, and CDI HS shall have
the right to terminate this Lease on 30 days written notice to Landlord, at any time during
such exten ded term, with or without cause , and, upon such termination, CDI HS shall have no
further obligations to Landlord under the L ease or relating to the Premises.
c. Holding Over . If CDI HS holds over after the expiration of the term of this Lease, or
any extended term, if applicable, without written agreement providing otherwise, then
shall be deemed to be a tenant from m onth to month, at a monthly rent equal to the last
monthly rent payable under this Lease, and subject to all of the other provisions and
conditions of this Lease.
CDI HS
d. Release of Information . Landlord hereby authorizes CDI HS to release information
regarding (including without limitation, full reports and results) any and all environmental
testing completed with regard to the Premises (including without limitation, lead, asbestos,
and radon testing) as directed by the Department of Health and Human Services (DHHS)/the
Office of Head Start (OHS).
e. Upon the expiration or earlier termination of this Lease, CDI HS shall remove its
personal property and trade fixtures from the Premises and surrender the Premises in as good
condition as recei ved, reasonable wear and tear excepted, free from debris and broom clean.
(rest of page intentionally /eft blank)
Page 4 of 1
IN WITNESS WHEREOF, the undersigned have executed this Lease effective as of the
date set forth above.
LANDLORD:
\ci). As , a
L D- 1\n
Taxpayer ID #: `dD j a (oa) 55)-C -�
Signatur
Title : clv C11-- Yt- G ..Q
Printed Name :10r,..1V-A r
Address:
Ci t---es- V l \ L 3.1S3 Aj
DATE: S — — ao a_ —a--
CD! HS:
COMMUNITY DEVELOPMENT INSTITUTE
HEAD START, a Colorado nonprofit
corporation
Signature:
Title:
Printed Name:
Taxpayer ID #: 841548541
Richard Langford
Address: PO Box 838
Shalimar, FL 32579
DATE:
Digitally signed by Richard
Langford
Date: 2022.08.10 11:01:15 -04'00'
Page 5 of 1