Chamber/Pigman Sublease Agreement No. 1 (01-23-2013 to 11-30-2014) LEASE AGREEMENT
THIS AGREEMENT entered into this 23`d day of January, 2013 between the
CHAMBER OF COMMERCE OF OKEECHOBEE COUNTY (hereinafter"COC") and
Florida House of Representative Cary Pigman, District 55 (hereinafter "Rep. Pigman").
TERMS AND CONDITIONS
PREAMBLE
This lease is for the specific purpose of having usage of part of the premises located
at 55 S. Parrott Ave in Okeechobee, Florida for Rep. Pigman's organization to conduct
business for District 55.
TERM: The term hereof shall commence on the 1st day of February, 2013, and
continue until November 30, 2014. Rep. Pigman is an elected official of the State of
Florida. If Rep. Pigman should leave office for any reason prior to the expiration of the
lease term, he may terminate this lease upon 30 days written notice to COC.
RENT: REP. PIGMAN will be responsible for the payment of 33.3% of all physical plant
(water, waste disposal, electric, gas, pest control, if applicable, etc) on the first day of each
month. .
CONDITION OF PREMISES AND REPAIR: REP. PIGMAN hereby accepts the
premises in the condition that they are in at the beginning of this lease and agrees to
maintain said premises in the same condition, order, and repair as they are in at the
commencement of this lease, excepting only reasonable wear and tear arising from the
use thereof under this lease agreement.
REP. PIGMAN will, at the end of the lease, surrender and deliver up the premises,
without demand, in as good order and condition as when entered upon, loss by fire,
inevitable accident, ordinary wear and decay only excepted.
IMPROVEMENTS: Any type of enhancement to the property must first be presented to
the COC Board of Directors and, if approved, (dependent on the type of enhancement)
must be concurred with by the City. Any improvements requested by REP.PIGMAN,shall inure
to the benefit of, and become the sole property of, the COC upon termination of this
lease.
INSURANCE: REP. PIGMAN is liable for any and all claim, action, suit or other demand
for death, personal injury, property/casualty loss, environmental claim, or any
incidental loss which may occur, or claimed to have occurred on or in the premises, or
wherever occurring if arising out of the use of the premises, or arising out of any event,
function or use made by REP. PIGMAN, and shall hold CITY and COC, its heirs and
assigns, harmless therefrom, and indemnify CITY and COC, including all attorney's
fees and costs incurred in such action. That by virtue of this lease, it shall not be
implied or construed, and the CITY shall not, waive any rights or privileges inuring to
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the CITY under Florida Statute Ch. 768 or any constitutional sovereign immunity.
REP. PIGMAN shall maintain liability and errors/omissions insurance coverage to
protect itself against such claim or injury in the minimum sum of $1,000,000 per
person/$1,000,000 per occurrence and name the COC and the CITY as additional
insured there under to the extent permitted by the policy. Any insurance for contents
or personalty on the premises is at the discretion of REP. PIGMAN.
DESTRUCTION OF PREMISES: if the premises are improved, and in the event that
the premises are destroyed or so damages by fire or other unavoidable casualty so as
to be unfit for occupancy or use, then the REP. PIGMAN shall have the ability to
exercise one of the following options: (1) Terminating said lease. whereupon REP.
PIGMAN would forfeit all rents to date, but not be liable for any further rental hereunder;
(2) continue to use the premises if practical, with rent adjusted by agreement of the
parties if the property is less than fully habitable or useful for REP. PIGMAN purposes.
USE OF PREMISES: REP. PIGMAN will be allotted one office for their sole use and
reasonable storage space in the building with the additional office being for the use of the
COC. To avoid conflict, REP. PIGMAN will need to reserve the conference room in writing
with the Administrative Assistant of the COC. If prior arrangements have not been made,
COC use of the conference room takes precedence.
TAXES: Any taxes or any other assessment caused by REP. PIGMAN use of the
property shall be the sole responsibility of REP. PIGMAN, who shall hold the COC
harmless there from, and indemnify COC, including attorney's fees and costs. The REP.
PIGMAN shall promptly forward to the COC any State or Federal tax notice that pertains
to delinquency, assessment or other penalty proposed against the entity or property.
CONFIDENTIAL INFORMATION: It is understood and agreed that confidential
information is stored within the confines of the COC office. This information is secured
from the public due to the level of information associated with the perspective client. To
continue to ensure the protection of such information and to preserve the confidentiality
necessary under the agreement between the COC and the client, REP. PIGMAN will not
have access to these or any other files deemed confidentiality and any other information
covered under the respective client agreement with the Chamber. If REP. PIGMAN is
accidently exposed to any information marked COC confidential, then REP. PIGMAN
should maintain the confidentiality of said information within their organization. REP.
PIGMAN will be required to sign the COC's confidentiality agreement which will cover all
of the above and can be amended as required.
EQUIPMENT: The parties acknowledge that certain equipment may be installed or used
on the premises.
UNLAWFUL USE: REP. PIGMAN shall make no unlawful use of the premises, or
permit such use to occur, and use the property solely for REP. PIGMAN business uses.
GENERAL CONDITION OFPREIi(1I.SES: REP. PIGMAN shall keep the premises clean,
picked up, orderly, and not in violation of any City or County codes or State statutes.
Any type of enhancement to the property must first be presented to the COC Board of
Directors and, if approved, (dependent on the type of enhancement) must be concurred
with by the City.
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REP. PIGMAN PROPERTY: REP. PIGMAN assumes all responsibility for theft or
damage to all personal property of REP. PIGMAN or guests stored or used on premises
and releases COC from any and all liability therefore.
DEFAULT IN RENTALS: If REP. PIGMAN shall fail to pay rent when due, or perform any
term hereof, after not less than three (3) days written notice of such default given in the
manner required by law, the COC, at its option, may terminate all rights of REP.
PIGMAN hereunder, including retaining any advance deposits, unless REP.
PIGMAN,within said three days. shall cure such default.
NOTICES: Any notice which either party may or is required to give, may be given by
mailing the same by certified mail, postage pre-paid, to REP. PIGMAN at his primary
district office located at 205 S. Commerce Ave., Suite B, Sebring, Fl 33870.
DEFAULT: COC may, at its sole discretion, declare this lease in default for any of the
following:
a. Failure by REP. PIGMAN to comply with each and every term herein,
b. Failure to pay rent when due as set out above
c. Failure by REP. PIGMAN to maintain all required permits, licenses, insurance and
maintenance at the premises
d. At any time, upon five(5)days advance notice, in the event REP. PIGMAN has caused
or permitted, damage or destruction of the premises
e. Failure of REP. PIGMAN to comply with its stated purpose(s) and mandate of the
REP. PIGMAN as set out in the PREAMBLE herein.
SURRENDER OF PREMISES: REP. PIGMAN shall surrender the premises to COC
upon the earliest of the following:
a. Upon any default by REP. PIGMAN of any provision of this lease, within thirty (30)
days of written notice thereof, subject to cure any default
b. At the conclusion of the rental period hereunder.
CURE OF DEFAULT: That COC shall, prior to a formal declaration of default of the
lease, provide to REP. PIGMAN a period of time to address and cure any claimed
default. That REP. PIGMAN shall have a period of ninety (90) days from date of written
notice to cure the claimed default to the satisfaction of the COC. Such time may be
extended in the sole discretion of the COG as they may agree.
SEVERABILITY: If any part of this Lease Agreement shall be construed to be
unenforceable, the remaining parts shall remain in full force and effect as though any
unenforceable part were not written into this Lease Agreement.
APPLICABLE LAW: Th's Lease Agreement is to be construed according to the laws of
the State of Florida, venue being Okeechobee County, Florida.
CAPTIONS: Captions and headings in this Lease Agreement are for convenience only
and shall not be relied upon in construing the meaning of this Lease Agreement or any
of its provisions.
TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, either as additional terms and conditions or alterations to existing terms and
conditions, shall control all printed provisions in conflict with them.
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TIME OF ESSENCE: Time is of the essence in this agreement.
ENTIRE AGREEMENT: The foregoing constitutes the entire Agreement between the
parties and may be modified only by a writing signed by both parties.
AS TO THE REP. PIGMAN:
Date: 0 t/ .3A0 13
rPaNti,AGLL(
AS TO THE COC
Date: 1122,
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Witn ss nat re Terry B roughs, • - !dent
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Printed Name: /{ J Ar:
Address: /
yi(/ "' c E-r_ Robert Lee,Secretary
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