HomeMy Public PortalAboutUnited Way Lease & Extension AgreementT instrument prepared by the
A istrative Services Department,
City of Crestview, P.O. Box 1207,
Crestview, FL 32536.
LEASE ** OFFICIAL RECORDS **
BK 1795 PG 678
This lease is hereby entered into between the City of Crestview, a municipal corporation, referred to as
"Lessor" and The United Way of Okaloosa-Walton Counties, Inc, (United Way), a corporation not for profit, referred
to as the "Lessee." In consideration of the mutual covenants contained in this lease, the parties agree as follows:
1. The LESSOR leases to the LESSEE a portion of real property identified as lot $a, Block 12, and
referred to as 290 Martin L. King Avenue, Iocated in the City of Crestview, Okaloosa County, Florida.
1
2. The term of this lease is for a period of ten (10) years. The LESSEE has the option to renew this lease
for additional terms of ten (10) years, so long as the LESSEE is not then in default under provisions of this lease.
3. The LESSEE will pay the LESSOR as rent, the sum of one dollar ($1.00) per year which will be
payable annually in advance for the term of this lease and shall be liable for all ad valorem taxes accessed against the
property.
4. The LESSEE must procure all permits and pay all fees associated with the installation of water and
sewer connections as a condition of this lease.
5. LESSEE hereby agrees to hold LESSOR harmless and indemnify it from any and all liability by reason
of injury to any person or any property from any use of the leased property during the lease term. The parties agree
that the Lessor is a public entity entitled to the privilege of sovereign immunity except to the extent it has been
waived by Florida Statute 768.28. and LESSOR shall not, in any event, have any additional Iiability whatsoever.
whether said liability arises from an active negligence of Lessor, its Council, officers, agents, employees, or results
from a breach of any duty owned by any party who may, for any reason whatsoever, be in or around said leased
property by virtue of the use of the leased property.
That the LESSEE will maintain public liability insurance in an amount acceptable to the LESSOR with a
copy of the binder provided within ten (10) days from completion of this lease. LESSOR reserves the right to adjust
the minimum requirement to comply with changes in Florida Law from time to time. Lessor will be named insured,
and LESSEE will additionally hold the LESSOR harmless for any and all activities conducted on said property by
the LESSEE. The initial liability coverage shall be at least $100,000.00 per person and $200,000.00 per event
consistent with general law regarding sovereign immunity.
6. That the LESSOR and the LESSEE mutually acknowledge that the LESSEE intends to improve the
real property by erecting upon the property, office facilities to be operated by the LESSEE, including those activities
associated with the operation of a United Way. The LESSEE will make improvements to the property generally
consisting of, and in the following order.
(a) Procure all permits and pay fees of record prior to construction of any activity. Constructing a
concrete slab to accommodate a 1584 square foot building ensuring that all property set backs are observed pursuant
to the City Code.
(b) Relocate from Eglin AFB, a 1584 square foot building, to be placed on said concrete slab facing
south on Martin L. King Avenue on or about Dec 27, 1993.
7. That the LESSEE will be required to begin construction of this project within 60 days from the
execution of this lease.
8. That LESSEE is a tax exempt entity pursuant to Section 501(3)(c) of the United States internal
Revenue Code. The LESSEE shall maintain its federal income tax exemption as a non-profit charitable organization
and its present purpose of operation and will, in the reasonable discretion of LESSOR, remain in its operations to
provide services to the citizens of the community. The building may be subleased by the LESSOR to various
non-profit charitable organizations qualified as exempt from federal income taxation, such as Okaloosa-Walton Child
Care. Children's Home Society, United Cerebral Palsy, including the United Way. Subrental rents will be limited
to offset of operating and maintenance expenses of the building and recovery of LESSEES capital improvement
investments and shalt be subject to prior approval by City Council.
** O ;1AL. RECORDS **
bf� 1795 PG 679
9. The LESSOR reserves the right to make such additional and reasonable regulations or terms for the use
and enjoyment of the property as may be in the best interest of the residents of the City and may terminate this lease
provided that six (6) months notice is provided to LESSEE.
10. This being a gratuitous conveyance, this lease shall be interpreted literally, in favor of the Lessor,
where such an interpretation may become necessary.
11. The LESSOR reserves to itself or its successors or grantees, a perpetual ingress and egress and utility
easement for installation and maintenance of utilities to, through, from, on, over, and under this parcel of property.
12. Neither the real property, its improvements nor this leasehold interest may be mortgaged
13. This lease shall not be assigned without prior approval by the City Council. Assignment in part or
whole without approval shall amount to a breach of the lease and subject the lease to immediate cancellation without
notice or waiting period.
14. The facilities to be constructed will be open to the public generally.
15. At the termination of this lease for any purpose the LESSEE shall have the option of removing the
improvements and returning the property to its original state.
Edward M:-Meal
City Clerk
A I I EST:
, (2
Bill Robinson
Secretary
CITY OF CRESTVIEW
A MUNICIPAL CORPORATION
_ ' woAL
By Tefl H. Mathis
Mayor
THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC.
A NONPROFIT CORPORATION
By G.A. "Tony" MalIini
President
x�:
, J%
Motion to approve by Smith ; seconded by Hayes; Vote: 5 yeas, Q nays; motion passed/failed
on November 22. 1993 1993 in regular session assembled.
FILE* 1299857
Oi "ALOOSA CO NTY , FLOR I DA
RCU: DEC 1 1993 @ 11:40 AN
4•dE +r MAN C BRACK IN , CI ERA,
January
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is entered into this 12t:h day of
, 2004, between the CITY OF CRESTVIEW, a municipal corporation, whose
address is Post Office Box 1209, Crestview, Florida 32536, herein referred to as "Lessor," and
THE UNITED WAY OF OKALOOSA-WALTON COUNTIES, INC., a corporation not for
(i Z
profit, whose address is The United Way Building, New Tupelo Avenue, Ft. Walton Beach,
Florida 32548, herein referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Lease Agreement in November,
1993, which is recorded in O.R. Book 1735, Pages 678-679 of the public records of Okaloosa
County, Florida; and
WHEREAS, the above -referenced lease was amended in April, 1994, to correct
the legal description to provide that the property being leased by Lessor to Lessee is described as
a portion of Lot 82, Block 12, and referred to as 290 Martin L. King Avenue, in the City of
Crestview; and
WHEREAS, the original term of the lease was for ten (10) years and expired ten
(10) years from the date of the original lease but the lease gave Lessee the option to renew the
lease for ten (10) year renewal terms; and
WHEREAS, Lessee has exercised its option to renew and the parties wish to enter
this extension agreement to set forth the new renewal term of the lease.
NOW, THEREFORE, the parties agree as follows:
1. The original lease referred to above is hereby renewed for a ten (10) year
renewal term, with the renewal term to commence on November 22, 2003 and terminate on
November 21, 2013 under the same terms and conditions of the original lease.
2. All provisions of the original lease shall remain in full force and effect as
originally entered into by the parties with the sole purpose of this agreement being to set forth the
parties agreement that the lease has been renewed for an additional ten (10) years.
IN WITNESS WHEREOF, the parties have executed this agreement on the date
set forth above.
ATTEST:
f
BY:
J CE YOUNG City Cleek
ATTEST:
BY � i:' i 4
:r . .
Printed Name % i--"
Its Secretary
CITY OF CRESTVIEW
A Municipal Corporation
BY
GEORC3E WHITEHURST - Mayor
THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC.
A Non Profit Corporation ,-
Printed Name: i 1
v:)1rn_„
Title:
STATE OF FLORIDA
COUNTY OF OKALOOSA.
The foregoing Lease Extension Agreement was acknowledged before me this
l6)1-1(-. day of JQnuka y , 2004, by GEORGE WHITEHURST and JANICE
YOUNG, Mayor and City Clerk, respectively, of the City of Crestview, Florida, a municipal
corporation, on behalf of the corporation. They are personally known to me or have produced
O'r'FiCiAL NOTARY SEAL
Geri L. Brown
Commission No. DD013554
bh Canmis ich Fxhir s March 29, 2005
STATE OF FLORIDA,
COUNTY OF C,2<1}L-0o5Lt;.
as identification.
H?)(2,a/uv\J
SIGNATURE OF NOTARY PUBLIC - STATE OF FL
Printed Name of Notary:
My Commission Expires:
The fore oiing Lease Extension Agreement was acknowledged be�ff re me this
4 v d of f'lY ca rc , 2004, by t --,�-_ ` rti 4 ,'Ictr and
iS-W y . 5'071 , President and Secretary, r6spectively, of lihe United
Way of Okaloosa-Walton Counties, INC., a Florida corporation, on behalf of the corporation.
They are personally known to me or have produced Al /A,
- as identification.
f.�
SIGNATURE OFVOTARY PUBLIC -STATE OF FL
Printed Name of Notary: C. L-Ci9�
My Commission Expires: ( ✓
,Nir titt. Beverly C Edge
�>• My Commission CC880848
a Expires November 12, 2004
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is entered into this q�) day
of Qpg , 070/, between the CITY OF CRESTVIEW, a municipal
corporation, whose address is Post Office Box 1209, Crestview, Florida 32536,
herein referred to as "Lessor," and THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC. a corporation not for profit, whose address is The
United Way Building, 112 Tupelo Avenue, Fort Walton Beach, Florida=32548,
herein referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Lease Agreement in January,
2004, which is recorded in O.R. Book 1735m Pages 678-679 of the public records
of Okaloosa County, Florida; and
WHEREAS, the above -referenced lease was amended in April, 1994, to
correct the legal description to provide that the property being leased by Lessor to
Lessee is described as a portion of lot 82, Block 12, and referred to as 290 Marin
L. King Avenue, in the City of Crestview; and
WHEREAS, the original term of the leases were for ten (10) years and
expired ten (10) years from the date of the original lease but the lease gave Lessee
the option to renew the lease for ten (10) year renewal terms; and
WHEREAS, Lessee has exercised its option to renew and the parties wish to
enter this extension agreement to set forth the new renewal term of the lease.
NOW, THEREFORE, the parties agree as follows:
1. The original lease referred to above is hereby renewed for a ten (10) year
renewal term, with the renewal term to commence on November 22,
2013 and terminate on November 21, 2023 under the same terms and
conditions of the original lease.
2. All provisions of the original lease shall remain in full force and effect as
originally entered into by the parties with the sole purpose of this
agreement being to set forth the parties agreement that the lease has been
renewed for an additional ten (10) years.
IN WITNESS WHEREOF, the parties have executed this agreement on the
date set forth above.
CITY OF CRESTVIEW
A Municipal Corporation
BY: ,J 4
Mayor David Cadle
ATTEST:
B th,etJ 2
City C erk Elizabeth Roy
THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC.
A Non Profit Corporation
BY:
Printed Name: Martha C. Miller
Title: Board Chair
ATTEST:
BY
Printed Name: Kenneth L. Hinrichs
Its Secretary
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is entered into this 4/6 day
of a,pup
c210/ between the CITY OF CRESTVIEW, a municipal
corporation, whose address is Post Office Box 1209, Crestview, Florida 32536,
herein referred to as "Lessor," and THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC. a corporation not for profit, whose address is The
United Way Building, 112 Tupelo Avenue, Fort Walton Beach, Florida=32548,
herein referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Lease Agreement in January,
2004, which is recorded in O.R. Book 1735m Pages 678-679 of the public records
of Okaloosa County, Florida; and
WHEREAS, the above -referenced lease was amended in April, 1994, to
correct the legal description to provide that the property being leased by Lessor to
Lessee is described as a portion of lot 82, Block 12, and referred to as 290 Marin
L. King Avenue, in the City of Crestview; and
WHEREAS, the original term of the leases were for ten (10) years and
expired ten (10) years from the date of the original lease but the lease gave Lessee
the option to renew the lease for ten (10) year renewal terms; and
WHEREAS, Lessee has exercised its option to renew and the parties wish to
enter this extension agreement to set forth the new renewal term of the lease.
NOW, THEREFORE, the parties agree as follows:
1. The original lease referred to above is hereby renewed for a ten (10) year
renewal term, with the renewal term to commence on November 22,
2013 and terminate on November 21, 2023 under the same terms and
conditions of the original lease.
2. All provisions of the original lease shall remain in full force and effect as
originally entered into by the parties with the sole purpose of this
agreement being to set forth the parties agreement that the lease has been
renewed for an additional ten (10) years.
IN WITNESS WHEREOF, the parties have executed this agreement on the
date set forth above.
CITY OF CRESTVIEW
A Municipal Corporation
BY: ,
Mayor David Cadle
ATTEST:
BY: Zey__
City 4,„6,22
Elizabeth Roy
THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC.
A Non Profit Corporation
BY:
Printed Name: Martha C. Miller
Title: Board Chair
ATTEST:
BY
Printed Name: Kenneth L. Hinrichs
Its Secretary
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is entered into this Vt4 day
of , ?()/l-/ between the CITY OF CRESTVIEW, a municipal
corporation, whose address is Post Office Box 1209, Crestview, Florida 32536,
herein referred to as "Lessor," and THE UNITED WAY OF OKALOOSA-
WALTON COUNTIES, INC. a corporation not for profit, whose address is The
United Way Building, 112 Tupelo Avenue, Fort Walton Beach, Florida=32548,
herein referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a Lease Agreement in January,
2004, which is recorded in O.R. Book 1735m Pages 678-679 of the public records
of Okaloosa County, Florida; and
WHEREAS, the above -referenced lease was amended in April, 1994, to
correct the legal description to provide that the property being leased by Lessor to
Lessee is described as a portion of lot 82, Block 12, and referred to as 290 Marin
L. King Avenue, in the City of Crestview; and
WHEREAS, the original term of the leases were for ten (10) years and
expired ten (10) years from the date of the original lease but the lease gave Lessee
the option to renew the lease for ten (10) year renewal terms; and
WHEREAS, Lessee has exercised its option to renew and the parties wish to
enter this extension agreement to set forth the new renewal term of the lease.
NOW, THEREFORE, the parties agree as follows:
1. The original lease referred to above is hereby renewed for a ten (10) year
renewal term, with the renewal term to commence on November 22,
2013 and terminate on November 21, 2023 under the same terms and
conditions of the original lease.
2. All provisions of the original lease shall remain in full force and effect as
originally entered into by the parties with the sole purpose of this
agreement being to set forth the parties agreement that the lease has been
renewed for an additional ten (10) years.
IN WITNESS WHEREOF, the parties have executed this agreement on the
date set forth above.
ATTEST.
BY
CITY OF CRESTVIEW
A Municipal Corporation
BY: �� Oak.
Mayor David Cadle
THE UNITED WAY OF OKALOOSA-
WALTO COUNTIES, INC.
A Non 'r fit Corp ratio
BY:
Pr tee Name: Ke th L. Hinrichs
Its Secretary
CL
Pri"ted ame: Ma a C. Miller
Title: Board Chair