Loading...
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