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THIS BOAT DOCK LEASE AGREEMENT (herein, “Agreement”) is made and

entered into this ____ day of __________________, 2021, by and between the City of Belle

Isle, Florida, a Florida Municipal Corporation, whose principal address is 1600 Nela

Avenue, Belle Isle, Florida 32809 (“Lessee”) and William H. Partin Jr., 5530 Partin Drive,

Belle Isle, FL 32812, (“Lessor”).

Section 2. Term of Lease: The Lease is subject to early termination by Lessor

as elsewhere described in this Lease. Upon expiration of the Term, (a) this Agreement and

the Lease hereunder shall continue on a month-to-month basis, for the Monthly Rental

subject to 30-days prior written notice by either Lessor or Lessee, or (b) the Term may be

extended by a written extension agreement between Lessor and Lessee, in which event (a)

the “Term” of the Lease thereafter shall mean the term set forth set forth in such written

extension agreement, (b) the Monthly Rental under this Agreement thereafter shall be the

Monthly Rental set forth in such written extension agreement, and (c) any and all other

provision of the written extension agreement that are inconsistent with any provisions in

this Agreement shall supersede and amend such inconsistent provisions, and the

Section 4. Insurance. Lessee shall maintain in force, throughout the Term, and

with carriers licensed to do business and in good standing in the State of Florida, (a) fire

and casualty insurance, with coverage at full replacement value, on Lessor’s Boat Dock and

all personal property located on Lessor’s Boat Dock, and (b) comprehensive general

liability insurance with minimum coverage amounts of $2,000,000 per occurrence and in

the aggregate, insuring against death or injury to any person and damage or loss or loss of

use of any property. Lessee shall cause Lessee’s insurer to issue endorsements to both such

policies naming Lessor as an additional insured, and waiving any right of subrogation

against Lessor. Within 10 business days of the commencement of the Term, Lessee and

shall furnish to Lessor certificates of insurance evidencing such coverage (and evidencing

Section 5. Use. Lessee agrees to use the Boat Dock and its appurtenances solely

for the docking or mooring of one (1) police boat, which boat is described on Exhibit “A”

– Boat Description, attached hereto and incorporated herein by reference, as allowed by

Lessor and for no other purposes and uses whatsoever.

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Section 6. Improvements to Dock. During the Term, the Lessee may, at its sole

cost and expense, to install such of its own machinery and equipment (“Lessee

Equipment”), to make improvements, and to attach such removable fixtures, including, but

not limited to, Lessee Equipment in, on, below, or upon the Boat Dock as may be necessary

determine if any of the Lessee Equipment is not needed or wanted by the Lessor, which the

Lessee will be required to remove. The installation of Lessee Equipment shall be done in

Building Codes (current edition) and other codes that directly relate to the construction,

installation, operation and maintenance of communication equipment.

Section 7. Lessee’s Maintenance & Related Obligations. Lessee shall

maintain Lessor’s Boat Dock in a safe and clean condition. In using the Lessor’s Boat Dock,

Lessee shall comply with all applicable local, state, and federal environmental and other

rules, regulations, and laws. Lessee shall promptly, at its sole cost and expense, cause to

Section 8. Indemnity. Lessee shall fully and forever indemnify, hold

harmless, and defend Lessor from and against any and all claims, demands, causes of action,

liabilities, damages, and costs (including costs of court and attorneys’ fees) in connection

with, related to, or arising out of any action or omission by Lessee – or by any of Lessee’s

invitees, agents, contractors, or subcontractors – in any way related to Lessor’s Boat

Dock. Lessor’s indemnity, hold harmless, and defense obligations shall apply even in

instances in which Lessee or any third party is negligent; accordingly, Lessor hereby

acknowledges that Lessor is obligated to indemnify, hold harmless, and defend Lessee

even against the consequences of Lessee’s own negligence. However, notwithstanding

absolutely no obligation to carry any insurance of any nature, for its own benefit or for the

direct or indirect benefit of any other party, including Lessee; (c) Lessor shall have

absolutely no liability to Lessee or to any of Lessee’s invitees, agents, contractors, or

subcontractors for any claim, liability, or damage to person or property; and (d) Lessee

accepts the Lessor’s Boat Dock, the appurtenances thereto “as is, where is,” with all faults

and defects, whether latent or patent. Lessee waives any such claim it may have against

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Lessor arising out of any of the foregoing.

Section 10. Ingress/Egress. The lessor grants to Lessee the nonexclusive

right to ingress and egress to the Premises to access the boat dock. The Lessee will take the

Agreement and the rights granted hereunder are personal to Lessee. Lessee may not assign

all or any part of its rights under this Agreement, or otherwise sublet the Lessor’s

(a) This Agreement sets forth the entire agreement between Lessor and Lessee,

and supersedes and takes the place of all prior representations, warranties, and agreements,

and may be amended only by written instrument signed by the party to be bound.

(b) This Agreement shall be governed by the laws of the State of Florida, and

exclusive venue for the adjudication of any dispute arising under this Agreement shall be

in a court of competent jurisdiction in Orange County.

(c) If any provision or portion of a provision of this Agreement is determined to

be unenforceable, then the unenforceable provision shall be deemed to have been severed

IN WITNESS WHEREOF, Lessor and Lessee have signed this Agreement.

By:

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CITY OF BELLE ISLE