Okaloosa County BOCC — August 24, 2013 — new lease agreeement — reading text

LEASE AGREEMENT BETWEEN CHOCTAWHATCHEE ELECTRIC COOPERATIVE, INC. AND OKALOOSA COUNTY WATER AND SEWER This Lease Agreement is made and executed by and between Choctawhatchee Cooperative, Inc. (CHELCO), of 1350 West Baldwin Avenue, P.O. Box 512, DeFuniak Springs, Florida 32433-0512, as “Lessor” and Okaloosa County, Florida, acting through the Okaloosa County Water & Sewer (OCWS) of Suite 300, 1804 Lewis Turner Boulevard, Fort Walton Beach, FL 32547, as “Lessee”. SECTION ONE DESCRIPTION OF LEASED PREMISES OCWS shall place a payment box in a location agreeable to both parties on CHELCO property in Bluewater Bay.OCWS will maintain adequate signage on the box to indicate that the box is only for OCWS payments.OCWS shall pick up the payments no less than once a week. Any payments placed in the OCWS drop box intended for CHELCO will be delivered to the employees at the CHELCO Bluewater Bay office during business hours or placed in the CHELCO Bluewater Bay office drop box during non-business hours.If CHELCO payments are discovered in the OCWS drop box, OCWS will call CHELCO and notify the manager of Member Services. Any payments placed in the CHELCO drop box intended for OCWS will be placed in the OCWS drop box.If OCWS payments are discovered in the CHELCO drop box after the daily drop box pickup has occurred, then CHELCO will call OCWS and notify one of the Customer Service Leads. SECTION TWO TERM The space is leased for a term to commence on the 1* day of September, 2013, and to end at 11:59 pm on the 31* day of August, 2015, or at such earlier date as this lease may terminate as provided below, except that if any such date falls on a Sunday or a holiday, then this Lease shall end at 5 pm on the business day next preceding the above mentioned date.Either party may terminate the agreement at any time with 90 days of notice. This Agreement shall automatically renewed for additional periods of one (1) year unless either party gives at least ninety (90) days written notice to the other party of its intent to terminate the Agreement prior to the expiration of the then current term.At the termination of the agreement, the drop box must be removed from CHELCO’s property, and the property must be returned to an acceptable condition within 14 days. SECTION THREE RENT The total annual rent for the term of this Lease Agreement will be at no cost for Okaloosa County Water & Sewer to have the drop box which will be located on CHELCO’s property.Okaloosa County Water & Sewer shall place a payment box in a location agreeable to both parties. OWSD will be responsible for the cost of purchasing the box, erecting it and maintaining the box in working condition throughout the term of this agreement. SECTION FOUR USE OF PREMISES The Lessee shall use and occupy the premises as a Drop Box location for providing Okaloosa County Water & Sewer customers a payment drop off location.The Lessor represents that the premises may lawfully be used for such purposes. SECTION FIVE USE OF COMMON AREA AND FACILITIES The Lessor agrees that the Lessee’s agents, servants, visitors, and invitees, shall have the right to use the customer parking area associated with the building. SECTION SIX EFFECT OF FAILURE TO INSIST ON STRICT COMPLIANCE WITH CONDITIONS The failure of either party to insist on strict performance of any covenant or condition of this agreement shall not be construed as a waiver of such covenant or condition in any other instance.The Lease cannot be changed or terminated orally. SECTION SEVEN INDEMNIFICATION Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, CHELCO shall indemnify and hold harmless the County from and against any and all third party claims, demands, damages, losses, and expenses, including attorney’s fees and costs, arising out of the County’s participation in this Agreement, except for those claims, demands, damages, losses, and expenses arising out of the County’s negligence, malfeasance, nonfeasance, or misfeasance. Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, the County shall indemnify and hold harmless CHELCO from and against any and all third party claims, demands, damages, losses and expenses, including attorney’s fees and costs, arising out of CHELCO’S participation in this Agreement, except for those claims, demands, damages, losses and expenses arising out of CHELCO’s negligence, malfeasance, nonfeasance, or misfeasance. SECTION EIGHT NOTICES All notices under this Lease Agreement shall be in writing and shall be effective when mailed by certified mail, return receipt requested, or when delivered personally to the Lessor and the Lessee at their address as set forth above, or to such other addresses as may be designated by notice. | SECTION NINE ENTIRE AGREEMENT The Lease Agreement shall constitute the entire agreement between the parties, any prior understanding or representation of any kind preceding the date of this Lease Agreement shall not be binding upon either party except to the extent incorporated in this Lease Agreement. SECTION TEN MODIFICATION OF AGREEMENT Any modification of this Lease Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidence in writing signed by each party, or an authorized representative of each party. SECTION ELEVEN ATTORNEY FEES In the event that any action is filed in relation to this Lease Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called upon to pay, reasonable sum for the successful party’s attorney fees. SECTION TWELVE TIME OF ESSENCE It is specifically declared and agreed that time is of the essence of this Lease Agreement. SECTION THIRTEEN COUNTERPARTS This Lease Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitutive one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the respective date under each signature. Attest: BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA By: Gary J. Stanford Don R. Amunds Deputy Clerk of Circuit Court Chairman Okaloosa County, Florida Date: Date: Attest: CHOCTAWHATCHEE ELECTRIC COOPERATIVE, INC. OF WALTON COUNTY, FLORIDA 4 A B By: AL My ay VA, VALU L YL Name: Puoeey Teron & Steve Wolfrom // Title AAmi nistrati ve Assistant Vice President 6f Member Services Date: O-\3- 13 Date: Mii. LS, POF ff