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Home My Public Portal AboutLease - United Way Emerald CoastLEASE FOR CITY -OWNED REAL PROPERTY Tenant: United Way Emerald Coast, Inc. Premises: 290 Martin Luther King Jr. Avenue, Crestview, Florida 32536 Term: 1/1/2024 —12/31/2033 with 1 renewal This lease is made between City of Crestview, Florida, a municipal corporation., 198 North Wilson Street, Crestview, Florida 32536 ("Lessor"), and United Way Emerald Coast, Inc., 112 Tupelo Ave., Fort Walton Beach, Florida 32548 ("Lessee"). Lessee hereby offers to lease from Lessor a portion of the real property identified as Lot 82, Block 12, Town of Crestview, as recorded in Plat Book 1, Page 72, Official Records of Okaloosa County, Florida, consisting of the southernmost building on the above parcel (the "Property"), upon the following TERMS and CONDITIONS. 1. Term and Rent. a. Lessor leases to Lessee the above premises for a term of ten (10) years, commencing on January 1, 2024 and terminating on December 31, 2033, at the rental rate of $1.00 per year plus any ad valorem taxes assessed against the property (if any are assessed). b. Rent is payable on or before the first day of each calendar year. All rental payments shall be made to Lessor, at Lessor's address specified above. 2. Renewal Term. Lessee may renew this lease for one additional term of ten (10) years, provided that Lessee is not in default of any provision of this lease at the time of renewal and notice is given by Lessee to Lessor not less than 90 days before the term ends, or more than 180 days before the term ends, that it elects to renew the lease. 3. Use. Lessee is a tax-exempt entity pursuant to Section 501 (c) (3) of the Internal Revenue Code or successor provisions thereto. Lessee shall use and occupy the Property in furtherance of its charitable purpose to provide services to the citizens of the community, and the facilities shall be open to the public for the provision of services. Page 1 of 5 4. Care and Maintenance of Premises. a. Lessee shall be responsible for obtaining and maintaining any fire suppression or prevention equipment required of its operations. b. Lessee shall be responsible for not Tess than quarterly pest control for the leased premises. c. Lessee shall, at its own expense and at all times, maintain the premises in good and safe condition, including roofing, windows, electrical wiring, plumbing and heating installations and any other system or equipment on the premises. 5. Alterations. Lessee may not make any alterations, additions, or improvements, in, to or about the interior or exterior of the premises except with Lessor's prior approval. Upon termination of this Lease, all fixtures installed by Lessee shall become the property of Lessor, unless Lessee removes such fixtures from the leased premises. 6. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. 7. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which consent may be withheld for any reason or no reason. Any assignment or subletting without Lessor's consent shall be void and, at the sole option of Lessor, may terminate this lease. Notwithstanding the foregoing, Lessee may sublease space to other tax-exempt charitable organizations but may only charge an amount necessary to offset operating and maintenance expenses of the premises and any such sublease is subject to the approval of Lessor's City Manager prior to becoming effective. 8. Utilities. Lessee is responsible for its own utility services, to include garbage service. Any applications and connections for utility services on the leased premises shall be made in the name of Lessee only, and Lessee shall be solely liable for such other utility charges as they become due. 9. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice, for the purposes of inspecting the same. Page 2 of 5 10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the leased premises or any part thereof, and Lessee agrees to indemnify and hold Lessor harmless from any claims of any kind, including claims for damages, no matter how caused, resulting from incidents of any kind on the premises or from Lessee's occupation or use of the premises. Nothing herein waives Lessee's privilege of sovereign immunity under applicable law. 11. No liens. Lessor's property and its interest therein shall not be subject to any liens of laborers, materialmen, contractors, subcontractors or other lienors and Lessee shall indemnify and hold Lessor harmless from any such claims. Neither the real property or improvements thereon shall be mortgaged, or any other security agreement given by Lessee to secure any of Lessee's obligations or those of any other person or entity. 12. Insurance. Lessee, at its expense, shall maintain public liability insurance including bodily injury and property damage insuring Lessee and Lessor with minimum coverage as follows: $250,000 per occurrence/$500,000 aggregate Lessor does not provide insurance coverage for damage to contents of the leased premises, or for any other matter benefitting Lessee. Lessee shall name Lessor as additional insured on any policies of insurance. 13. Destruction of Premises. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease. In the event repairs cannot be made within sixty (60) days, this lease may be terminated at the option of either party. A total destruction of the building on the leased premises shall terminate this lease. 14. Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor shall give Lessee notice of such default and if Lessee does not cure any such default within 10 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not Tess than 3 days' notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure by Lessor to enforce any term or condition of this Lease shall be deemed a waiver of any such term or condition. Page 3 of 5 15. Termination Other Than Default. Lessor may terminate this Lease for any reason by giving six (6) months advance notice to Lessee of such termination. Lessor shall have no liability to Lessee in the event of such termination. 16. Attorney's Fees. In any litigation brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, each party shall bear its own attorney's fees and court costs. 17. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only in a writing signed by both parties. * * * SIGNATURE PAGE FOLLOWS Page 4 of 5 Signed this ao9 day of -.Dee r, 202Z. LESSOR: Attest: Mar }kOne 'chrader Cityoia .0,4 • 0 R Sr'•.• s • LESSEE c" • . - • SEAL : i " ' iED R��"' Attes L hwJb 4did- - Kim erl Co Y Corporate Secretary CITY OF CRESTVIEW, FLORIDA J.B. Whitten, Mayor UNITED WAY EMERALD COAST, INC. By: Name: Kelly J Its: President E Page 5 of 5