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LESSOR:

LESSEE:

DATE:

LEASEAGREEM:ENT

The Florida Marketplace of Brevard, me. Attention: Ken Allen 13 96 South Babcock St. Melbourne, FL 32901

Brevard County Public Schools, Florida 2700 Judge Fran Jamieson Way Viera, FL 32940·6699 (407) 633-1000, Ext. 375

July 20, 1999

The parties agree as follo~ :

I. PROPERTY: The property which is the subject matter o(fhis Lease is described as follo~:

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18,085 square feet within The Florida Marketplace building situate on the real estate known as 1336 South Babcock Street, Melbourne, FL 32901 . See attached Exhibit A for plan of property. .

' 'TERM: The teml of this Lease shall be seven (7) years. Lessee may terminate this Lease upon 90 day written notice [see Paragraph 3(b)]. a. Lease term begins: as of the date all certificates or permits for occupancy

have been issued. b. Lease term ends: seven (7) years after the Lease begins.

3. RENT: Lessee agrees to pay Lessor rent for the leased premises as follows: a. Lessee shall pay rent of: See Addendum attached. b. This Lease is contingent upon the School Board's annual appropriation of

funds to pay the rent provided for herein. m the event any annual appropriation is not made this Lease shall stand terminated and tIle School Board shall vacate the Demised Premises at the end of the current year.

4. USE OF LEASED PREM1SES: n. The leased premises are to be used for: general office use and

education. Lessee agrees to restrict the use of the premises to such purposes.

b. Lessee agrees that a.1I addition, fixtures, or improvements which may be ·· made by Lessee, except movable office furniture and moveable school property, shall become the property of the Lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the tennination of this Lease.

c. Lessee shal l not conduct any operation on the leased premises that

involves the use or storage of any material deemed to be a hazardous waste. Subject to the monetary limitations contained in Section 768 .28, Florida Statutes, Lessee agrees to indemnify Lessor for any expense involved with treatment or removal of any material placed on the leased premises by Lessee deemed to be a hazardous waste by any governmental authority having jurisdiction.

5. UTILITIES: The Lessee shall be responsib le for the payment of electricity use on the' leased interior premises.

6. INSURANCE: a. The Lessee shall be responsible for providing public liabi lity insurance

for the Lessee's intended use of said leased property and any equipment used thereon in limits of liability of$l 00,000.00/300,000.00, naming the Lessor as an additional insured thereon. A eertificate of such insurance with the premium paid in advance shall be furnished to t:essor at the commencement of the ternl hereof.

7. lNDEMNlFICATION: Subject to the monetary limitations contained in Section 768.28, Florida Statutes, the Lessee agrees to indemnify and hold the Lessor harmless for any less, injury, or damage to the leased premises (including handling or storage of any hazardous waste material) during the term of this Lease arising from or out of the willful acts or negligence of the Lessee or Lessee's agents or employees.

8. AL TERA nONS: Lessor will make any alterations or improvements to the leased premises which are requested by Lessee and approved by Lessor.

9. MAINTENANCE: a. Lessor shall maintain the roof, exterior walls and be responsible for the

structural integrity of the building. Lessor shall also maintain the landscaping, driveways and parking areas.

b. Lessor shall be responsible for routine repair and maintenance of heating and nir conditioning equipment, including filters; plumbing; eiectrical. inciuding light bulbs; ::nd fire systems. Lessee will be responsible for repairs to said equipment caused by Lessee's negligence or misuse of said equipment

c. Lessee shall be responsible for interior maintenance including interior walls, cleaning and pest control.

10. SIGNS: Lessor will require a uniform system of signs throughout The Florida Marketplace. Lessor will install such sign or s igns as Lessee may be entitled to under said uniform system.

11 . PERSONAL PROPERTY: NI personal property placed on or moved in the

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premises shall be at the risk of the Lessee, and Lessor shall not be liab le for any damage to said personal property or to the Lessee arising from the bursting or breaking of water pipes, or from any nct of negligence of any co-tenant .or occupants of the building or of any other person whomsoever.

DESTRUCTION OF PREMISES: In the event the leased premises are partially or totally destroyed by fire or other hazard, the Lessor shall have the option to cancel this Lease.

ASSIGNMENT AND SUBLETI1NG: The Lessee shall not have the right to ass ign nor sublet the leased premises without the Lessor's written consent.

14 . APPLICABLE LAWS: Lessee shall comply with all lam and regulations applicable to the leased premises (including regulations adopted by Lessor) and shall conduct no activities that constitute a nuisance on the leased premises .

15. RULES AND REGULATIONS: The Lessor may adopt rules and regulations governing the leased facilities and The Florida Marketplace. The Lessor expressly reserves the right to revise said rules and regulations from time to time so long as the same are not inconsistent with the terms and conditions of this Lease.

I 6. SUBORDINATION: The Lessee recognizes and acknowledges that it's leasehold interest is subordinate and inferior to any mortgage now existing or to be placed on the leased property by the Lessor.

17. INSPECTION: The Lessor shall have the right to enter the premises during all reasonable hours, to cxarnim: the same, to make such repairs, additions or deletions as may be deemed necessary for the safety, comfort or preservation of the premises or to exhibit said premises and to put or keep upon the doors or windows thereof 8 notice "FOR RENT" at any time within thirty (30) days before the expiration of this Lease.

18. "QUlITING BUSINESS", "BANKRUPTCY" OR "LOST LEASE" SALES: Lessee agrees not to conduct "Quitting Business", "Bankruptcy' or "Lost our Lease" or othei such t',ye of s.a!es on t.he premises withou.t Lessor's wiiuen consent.

19. DEFAULT: If the Lessee does not pay the rent when due, and said failure persists for ten (10) days, the same shall constitute a default under the terms of this Lease. If the Lessee defaults in any of the terms and wnditions of this Lease, the Lessor shall be entitled to the following cumulative remedies . a. Lessor may terminate this Lease at its option and re-enter the leased

premises. b. The Lessor may institute an action for damages against the Lessee. c. The Lessor sha ll be entitled to injunct ive relief to enjoin any of the

Lessee's violations of the terms of this Lease.

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d. All of the foregoing remedies shall be in addition to any of the Lessor's remedies provided by the laws oCthe State of Florida.

20. TERMINATION: Upon termination of the Lease, Lessee shall deliver the leased premises to the Lessor in the same condition as when leased, excepting reasonable wear and tear. Lessee shall be responsible for damage to the premises which is Caused by the negligence, vandalism or act oCthe Lessee, its agents, servants, employees, or students who come upon the premises.

21 . NOTICE: Any notice required hereunder may be given by mailing or delivering said notice to the Lessee at the leased premises. Lessee may deliver notice to Lessor at the place designated for payment of rent.

22. OPTION TO RENEW: Lessee shall have the option to renew this Lease Agreement for two (2) additional periods offive (5) years each at a rate to be negotiated

provided Lessee is not in default in payment of rent or any of the covenants of this Lease Agreement.

23. COMMON AREA MAINTENANCE (CAM): CAM will be $2.50 per square foot, and includes: Water, sewage, garbage, property taxes, parking lot/grounds/sidewalk maintenance, insurance and exterior lighting.

24. A ITORNEY'S FEES: The prevailing part in any legal action to enforce rights created by this Lease shall be entitled 10 reasonable compensation for attorney's fees from the non-prevailing party.

IN WITNESS WHEREOF, the parties have executed this Lease Agreement this~ day of July, 1999. . .

LESSOR: THE FLORIDA MARKETPLACE OF BREVARD, INC. , a Florida corpOflltion

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i By: 1.1 1")-<: Q QQ,-

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ADDENDUM TO LEASE AGREEMENT

Th.is is an Addendum to that Lease Agreement dated July 20, 1999, by and between TIle Florida Marketplace of Brevard, Inc. ("Lessor") and Brevard COWlty Public Schools, Florida ("Lessee''). -

In consideration of the mutual covenants and conditions contained in the Lease Agreement (the "Lease") the parties do hereby stipulate and agree as follows :

I. Paragraph 3(a) is deleted in its entirety and replaced with the following rental terms. :u.w: Base Rent

S7 .00/sf 2 S7.00/sf 3 S7.50/sf 4 S7.50/s£ 5 S8.00/sf 6 S8.00/sf * 7 S8.50/sf

:u.w: Lessee's Amortized Build Out ($10 OOIsO

I 2 3 4 5 6 7

S2.00/sf S2.00/sf $2.00/sf $2.00/sf S2.00/sf S -O-j; -0-

J r IN WITNESS WHEREOF, the parties have executed this Addendum to Lease Agreement this .u.::.:. day of July, 1999.

LESSOR:

TIlE FLORIDA MARKETPLACE OF BREVARD, INC., a Florida corporation

HkJAfM~ Wiinesses as to<[;s

BY:{/ ""0-- c;: _CbJ2~ );).(..v-<rt...e-M.~

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ADDENDUM

T his Addendum is ent",red into by and between The School Board of Brevard County, Florida, a political subdivision of t he State of Floripa ("Lessee") and The Florida Marketplace of Breva~d , Inc., a Florida corporation. (hereinafter "Lessor") this q R day of Q=p 'j ,2006.

1. Incorporation. On or aDout July 2 1" , 1999, Lessee and Lessor entered into a Lease ("Base Lease"). Lessee and Lessor desire to further am end and modify tile Base Lease as provided herein. In the event of any conflic t between this Addendum and the Base Lease, th e tems and provisions of this Addendum shall s up",rcede, govern and control. The Base Leas", and this Addendum are hereinafter referred to as the "Lease".

2. Option to Renew. LesseE! is hereby granted the right to renew the Lease! a! the expiration of the Term for two additional (2) terms of fi ve (5) years each provided that Lessee is not in default and has not defaulted at any time under the Lease. Should lessee desire to exercise its 6ption to renew the Lease as provided henein, Lessee must notify Lessor in writing at least ninety_Cll.oJ...days.. pdor.lo the expira tion of the then existing Term or Bctended Term of the Lease orLE~ssee's desire to ex,hcise its option to nenew the Lease. Once the notice is received by Lessor from Lessee, exercising Lessee's opUon to renew, it is irrevocable. The terms and provisions of the Lease shall remain in full fore.! and effect except the Base Rent for the First Extended Term shall increase annually as of the Anniversary Date (Commencement Dale) as follows:

$6.50 per squ';re foot of the Premises d":>u" $9. 00 per square foot of the Pnemisesd-<J,-.f 13 $9.00 per square foot of the Premises ::J....."""\. $9.50 per square foot o f the Premises::<'" , <)

Year One Year Two Year Three Year Four Year Five $9.50 per square foot of the Premises'';;>IJ\, ,o' I, ,/dl

Lessees second (2), five (5) year option wi ll be at a ra te to be negotiated provided Lessee is not in default in payment of renl or any of the covenants of tilis agreement.

IN WITNESS WHEREOF, Lessee and Lessor have executed this Lease on the day and year first indicated below w ith an effective date being the last date Ulal Lessor executes this Addendum. Except as provided he rein, all o ther terms and provisions of the Lease shall remain in full force and '",lfect

LESSEE:

. THE SCHOO L BOARD OF BREVARD COUNTY, FLORIDA, a political Ir.':J

:?l:-J;1NJ?J;l;~ @7 NameC}2, c:h. ~ A . \) , Q,jiz..L Title : S Y.£12.R. ; .. <re,~.e-....:\-

May 10, 2006

LESSOR: , THE FLORIDA MARK'ET PLACE OF BREVARD, INC. , a Florida Corporation

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SECOND AMENDMENT TO ADULT/COMMUNITY EDUCATION LEASE

THE FLORIDA M~TPLhCE OF BREVARD , INC. as Lessor, and THE

SCHOOL BOARD OF BREVARD COUNTY, as Lessee, stipulate and agree to

amend that certain Lease Agreement between them dated July 20,

1999 , as previously amended by Addendum dated May 9, 2006, as

follo'.'Js:

1 . Paragraph 3. RENT is amended effective July 1, 2009, to

provide that the Base Rental is reduced to $3.50 per square foot

for th" r"maining t"rrn of th" Lease Agreement.

2 . Except as herein amended al l the t"rms and conditi.ons of

said lease remain in full force and effect .

IN WITNESS WHEREOF, Lesso r and Less,," have executed thi s

Second Amendment TO Adult/Communi. ty Education Lease in Hlul t iple

counLerparts this~ day of April, 2009 .

Signed, sealed and d e liv"red in t he presence of ,

LESSOR ,

THE FLORIDA MARKETPLACE OF BREVhRD, INC., a Florid corporation

LESSEE, . P\ARD OF BRE-yW COUNTY

By: ~ -=R~O=B~E=R~T~L-.~J~O=RD~~~~~~-'~

]J1111Q.AMEI:H.lMENT TO ADUI,T/COMMUNITY EDUCATION LEASE

THE FLOIUl)A MARI(ETPLACE OF BREVARD, INC. as Le ssor, and T HE SCI'IOOL ~OARD

OF ~REVARD COUNTY, as Les see . sti pu late and ilgree to amend that certain L,'ase Agreement

between tl,em dated j uly 20, 1999, as previoll sly arn ended by AddcnclUI11 dated May 9, 2006,

and further amended by Second All1 'Hldment to Adult/Community Education Lease dated ' Apr il

28, 7.009, as follows:

I . Parag raph 2. Tt: RM Is amended to change th e te rm of th e l.ease Agreement to 011 e (I)

year, comment "'9 Ju ly I . '20 I 0 and ending June 30, 20 11.

2. Paragr,1ph 3. RENT Is amended effec tive ju ly 1, 2010, to provide that th e Base Ren tal is

I'cdllced to $2.50 per square foot for the remaining tel'ln of t il. Lease Agree ment .

3, Except as herein amended all th e term s and condltloll s of said leas e re l11aln in fu ll force

lind effective.

4. An y and all ,'Ights or opti ons to further re new or extend the Lease after j une ,, 0, 201 1

are !lu ll ,Lll ' ! void.

IN WITN ESS WH EREO r. , Le ssor anel Lessee have executed tl11 s Third Amendment to

Ad ult/Com lllunity Educa ti on Lease in mu ltip le coun te rparts thi s L?_ day of _ ,jh~LL ___ , 20 10.

SI\J ned, sca led and de li vered In the pres ence of :

:/ / " /,)' (r.l.. I , ,/ II' ' " . A ... L~i~...J_ .l.· ''' L~ _lo .... ------ ... 7L.J-LL.-- :." .. -Vvltness -aflo Les<or (,

. . \, / / .. --'--- ------J/'" ---,---~L. - ---.. - - ......... .. -Wi.t ll e~s . s,to Ler~o r /

F:\WIHlo( !O\Z908\ 98 · 11 868\ f hlrd Am cndrnell {'F.du«(l ljUII Lc.1se 1\1)(1/ 8, 20 I 0 (10; 3 'I a,ll'

LGSSOR:

TH E FLORIDA MARKETPLACE Of' BREVARD , INe. , • FJorlda corporation . .

By,: <.: ~:_,~ ~~~.:: _ ~~ ~:_ :':~ :.:~_:. ~ :: _ .... .. ,. __ _ Aut hori zed offi ce r

LESSEE:

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FOURTH AMENDMENT TO ADUL1'/ COMMUNI'l'Y EDUCAtION LEASE

THE FLORIDA MARKETPLACE OF BREVARD, INC. as Lessor , and THE

SCHOOL BOARD OF BREVARD COUNTY, Florida, as Lessee, stipulate and

agree to amend that certai.n Lease Agreement between them dated July

20 , 1999, as previously amended by Addendum dated May 9, 2006, and

further amended by Second Amendment to Adult/Community Education

Lease dated April 28, 2009, and further amended by Third Amendment:

to Adult/Community Education Lease dated April 13, 2010 , as

follows:

1. Paragraph 2. 1'ERM is amended to change the term of the

Lease Agreement to one (1) year , commencing July 1, 2011 and ending

June 30, 2012.

2. Paragraph 3. RENT is amended effect ive July 1, 2011, to

provide that the Base Rental is increased to $6.00 per square foot

for the remaining term of the Lease Agreement .

3. Except as here i n amended all the terms and conditions of

said lease remain in full force and effect.

4. Any and all rights or options to further renew or extend

the Lease after June 30, 2012 are null and void.

IN WITNESS WHEREOF, Lessor and Lessee have executed this

Fourth Amendment To Adult/Community Education Lease in multipl e

counterparts this 1.0 day of ~tl",e .<, 2011.

Signed, s ealed and delivered in the presence of:

LESSOR:

THE FLORIDA MARKETPLACE OF BREVARD, Wi INC . , ida corporatio

/1~ Witness as t o Lessor office

LESSEE:

SCHOOL BOARD OF BREVARD COUNTY. FLORIDA

FI FTH AMENDMENT TO ADULT/ COMMUNITY EDUCATION LEASE

THE FLORI DA MARKETPLACE OF BREVARD, INC. as Lessor , and THE

SCHOOL BOARD OF BREVARD COUNTY, Florida, as Lessee, stipulate a nd

agree to amend that certain Lease Agreement between them dated July

20 , 1999 , as previously amended by Addendum dated May 9, 2006 , and

further amended by Second Amendment to Adult/Communi t y Education

Lease dated Apr il 28 , 2009 , and further a me nded by Third Amendment

to Adult/Community Education Lease dated April 13 , 2010 , and

further amended by Fourth Amendment To Adult/Community Education

~ease dated June 20 , 2011, as follows:

1. Paragr aph 2. TERM is amended to extend the term of t he

Lease Agreement for one (1) year , commencing July 1, 2012 a nd

e nding June 30 , 2013 .

2 . Paragraph 3. RENT is amended effective July I, 2012, to

provide that the Base Rental is increased to $8.00 per square foot

for the remaining term of the Lease Agreement .

3. Except as he rei n amended all the terrr s and conditions of

said lease remain in full force and effect .

IN WI TNESS WHEREOF', Lessor and Lessee have e x ecuted this Fifth

Amendment To Adult/Community Education Lease in multiple

counterpar s this day of

Signed, sealed and delivered in the presence of :

____ , 2012 .

LESSOR:

THE FLORIDA MARKETPLACE OF BREVARD , I NC., a Florid a corpo rat ion

Author!::~e~r-------

Witness as to Lessee

Wi tness as to Lessee

LESSEE:

SCHOOL BOARD OF BREVARD COUNTY, FLORIDA

By : -=~~~~--====~--~-.------BARBARA A. MURRAY, Chairman

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SIXTH AMENDMENT TO ADULT/COMMUNITY EDUCATION LEASE

THE FLORIDA MARKETPLACE OF BREVARD, INC. as Lessor, and THE SCHOOL BOARD OF BREVARD

COUNTY, FLORIDA, as Lessee, stipulate and agree to amend that certain Lease Agreement between

them dated July 20, 1999, as previously amended by Addendum dated May 9, 2006, and further

amended by Second Amendment to Adult/Community Education Lease dated April 28, 2009, and

further amended by Third Amendment to Adult/Community Education Lease dated April 13, 2010, and

further amended by Fourth Amendment to Adult/Community Education Lease dated June 20, 2011 and

further amended by Fifth Amendment to Adult Community Education Lease dated March 13, 2012 as

follows:

1. Paragraph 2. TERM is amended to extend the term of the Lease Agreement for one (1) year, commencing July 1, 2013 and ending June 30, 2014.

2. Paragraph 3. RENT: Base Rental remains at $8.00 per square foot for the remaining term of the Lease Agreement.

3. Except as herein amended all the terms and conditions of said lease remain in full force and effect.

IN WITNESS WHEREOF, Lessor and Lessee have executed this Sixth Amendment to Adult/Community

Education Lease in multiple counterparts this _______ day of _______________, 2013

Signed, sealed and delivered in the presence of: LESSOR: ___________________________________ THE FLORIDA MARKETPLACE OF BREVARD, Witness as to Lessor Inc., a Florida Corporation

_____________________________________ ___________________________________ Witness as to Lessor Authorized Officer LESSEE: ______________________________________ SCHOOL BOARD OF BREVARD Witness as to Lessee COUNTY, FLORIDA ______________________________________ ___________________________________ Witness as to Lessee Barbara A. Murray, Ph.D. Chairman