2024-01-16 Item V. B 1/16 EX 4Exhibit 4
01 /16/2024
EXTENSION OF LEASE AGREEMENT
THIS EXTENSION OF LEASE AGREEMENT is entered into this 1st day of October, 2023, by
and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("CITY") and the
BUSINESS DEVELOPMENT BOARD OF OKEECHOBEE COUNTY, INC. D.B.A. CHAMBER
OF COMMERCE OF OKEECHOBEE COUNTY, FLORIDA ("CHAMBER").
WITNESSETH:
WHEREAS, the parties previously entered into a Lease Agreement on March 24, 2012
(hereinafter, the "Lease Agreement"), whereby the CITY agreed to lease the premises and
structures for the Chamber of Commerce building at 55 South Parrott Avenue, which lease
term expired on September 30, 2023; and
WHEREAS, said Lease provided for a right of renewal by the CHAMBER upon sixty (60) days
notice, which due to oversight did not occur; and
WHEREAS, the CITY nevertheless intends to offer an Extension of Lease to the CHAMBER upon
the same terms and conditions as in the original Lease.
NOW, WHEREFORE, in consideration of the mutual covenants herein contained, and other good
and valuable considerations, receipt of which is hereby acknowledged by each party from
the other, the CHAMBER and the CITY hereby agree to extend the provisions of the Lease
Agreement in accordance with the following terms and conditions.
EXTENSION.The Lease Agreement is hereby extended for an additional term of sixty
(60) months commencing October 1, 2023, and expiring on September 30, 2028, unless
earlier extended, modified or terminated.
2. INCORPORATION OF TERMS. All original terms, conditions, covenants, agreements,
and rental fees in the Lease Agreement shall remain in full force and effect, and are
incorporated herein by reference.
3. MAINTENANCE. It is expressly understood that under the terms of the Lease
Agreement, which terms also apply in this Extension of Lease, the CITY is responsible
for all maintenance and repair of structural components of the building, being the
parking lot, roof, soffit and stucco and the CHAMBER is responsible for maintenance
and repair of all other normal maintenance and repairs such as plumbing, heating,
electrical, air conditioning, windows, signage, etc. or normal wear and tear.
4. INSURANCE. The CHAMBER shall, at its sole expense, obtain and maintain during
the term of this Extension of Lease a policy of insurance for Director and Officers (D&O)
in the sum of one million dollars ($1,000,000.00), including coverage for employment
practices and aggregate coverage in like amount, which coverage for D&O is set forth
in the policy definitions. This policy does not cover premises liability, injury or loss, and
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the CITY cannot be named as additional insured under this policy. The CHAMBER shall
provide current policies of this insurance to the CITY on annual basis.
The CHAMBER shall obtain and maintain during the term of this Extension of Lease, at
its sole expense, a policy of insurance for premises liability in the sum of one million
dollars ($1,000,000.00) which coverage includes any claim, demand, or loss for
personal injury, bodily injury, or death, that may occur on the premises, and shall name
the CITY as both a certificate holder and additional insured under this policy. The
CHAMBER shall provide certificates of coverage to the CITY, naming the CITY, on an
annual basis. This policy and coverage shall be considered primary insurance over and
above any other insurance or self-insurance available to the CITY, and any insurance
available to the CITY shall be considered secondary to, or in excess of, the insurance
coverage provided by the CHAMBER.
IN ADDITION the CHAMBER shall remain solely responsible for any and all claim,
action, suit, or other demand for death, personal injury, property/casualty loss,
environmental harm; or any incidental loss which may occur, or is 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 the CHAMBER; and
shall hold the CITY, its officers and employees, or its assigns harmless therefrom; and
indemnify the CITY for such claim(s), including all attorney's fees and costs incurred by
the CITY in such action. The CHAMBER recognizes the broad nature of indemnification,
and this hold harmless clause, as well as the provision of legal defense for the CITY
when necessary, and the CHAMBER voluntarily makes this consent and expressly
acknowledges the receipt of such good and valuable consideration provided by the CITY
in support of this indemnification, legal defense, and hold harmless contractual
obligation, in accordance with the laws of the State of Florida.
THAT by virtue of this Extension of Lease and agreements herein, the CITY expressly
does not waive any right, protection or privileges inuring to the CITY under Florida
Statutes Chapter 768 or pursuant to Florida constitutional immunity, as now in effect or
hereafter amended.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and
year first above written.
AS TO THE CITY:
ATTEST:
Dowling R. Watford, Jr., Mayor
Date:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
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•
John Fumero, City Attorney
AS TO THE CHAMBER:
WITNESSES. -
Witness Signatl�re
Printed Name. A,
C't- C Liar-
Address:. ,•.., . , � .. _,, , , � �. ,T_�__• —
VVitne >s Sonp-tt P �� ,±�
Printed Name <:I9 «v Q
Tabitha Trent, President
Terry BurTroughs, VicePresfdent
STATE OF FLORIDA
COUNTY OF OKEECHOBEE _IV,
The foregoing was executed before me this O day of
2024, by Tabitha
Trent , President and(T6rry Burrou(hs ,Vice Pr e!�iden who
are personally known to me or produced
s-identifica i n.
N TARY PUBLIC, State of Florida
Stamp/Seal: _
LN Tp,RY PUBS LI_--
STATE OF FLORIDA
NO. HH 61260
MY COMMISSION D(PIRFs DF0.13 2024
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