Okaloosa County BOCC — January 18, 2013 — reading text

giving notice as required herein, shall have the right, at its option, to immediately terminate this Lease and to re-enter and re-take possession of the Property. In such event the Lessor shall provide written notice to the Lessee setting forth the item(s) of breach or default and giving the Lessee thirty (30) days to cure the issue ("Cure Period"). If Lessee shall fail to correct the breach or default within the Cure Period then the Lessor may terminate this Lease and all improvements on the Property shall become the property of the Lessor. S. ATTORNEY'S FEES AND COSTS. In any action, suit or proceeding to enforce or interpret the terms of this Lease, or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all collection and court costs, and all attorney's fees, whether incurred out of court, in the trial, on appeal, or at bankruptcy or administrative proceedings. 9. MISCELLANEOUS. A. Nothing herein contained shall be deemed or construed by the parties nor by any third party as creating the relationship of partnership or joint venture. Packet Pg. 82  6.1.b B. Whenever the singular number is used the same shall include the plural, and Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) the masculine gender shall include the feminine and neuter genders where the context requires. C. No party shall be deemed in default under this Agreement if such party is delayed in the performance of any of its obligations if the delay is due to strikes, lockouts or labor disputes, acts of God, restrictions, regulations or controls of any government or governmental agency, civil commotion, insurrection, revolution, sabotage or enemy or hostile government actions, fire or other casualty or other similar conditions beyond the control of the party delayed. In the event of such delay, all dates for performance shall automatically be extended by a period equal to the aggregate period of all such delays. D. The Lessee shall keep the Property clean and free of rubbish and shall not allow the accumulation of any unsightly matter(s) or object(s). E. The Lessee shall develop, operate and maintain any improvements to the subject property so as not to interfere with the property rights of the adjacent residential homeowners. F. The Lessee shall be responsible for the cost of any and all utility services provided to the Property. 10. NOTICES. All notices, requests, demands, elections, consents, approvals, designations and other communications of any kind must be in writing and addressed to the parties as follows: School Board: Superintendent Okaloosa County School District Administration Office, 120 Lowery Place SE Fort Walton Beach, Florida 32548 Okaloosa County: Public Safety Director Okaloosa County Public Safety 90 College Boulevard East Niceville, Florida 32578 Packet Pg. 83  6.1.b Any party may change the address to which notices are to be sent by giving ten (10) Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) days prior written notice informing the other party of the change of address. Service of notice shall be deemed complete upon mailing. 11. COMPLETE AGREEMENT. This document contains the complete Agreement between the parties. All negotiations, considerations, representations, and understandings between the Lessor and the Lessee relating to the management of the Property are incorporated herein and may only be modified by agreement in writing. 12. APPLICABLE LAW. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. 13. PARTIAL INVALIDITY. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provision unless such partial invalidity shall materially or substantially alter the arrangements between the parties hereto or the benefits accruing to either party. 14. HEADINGS. The headings of sections are for convenience only and do not define, limit, or construe the contents of such sections. 15. WAIVER. No consent or waiver, expressed or implied, by either party to or of any breach of any covenant, conditions, or duty of the other party hereto shall be construed as a consent or waiver to or of any other breach of the same or any other covenant, condition or duty. Packet Pg. 84  6.1.b Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) IN WITNESS WHEREOF, the parties hereto have caused the signatures of their officers to be set hereunder and their seals to be affixed hereto to be effective as of the latest date of execution. ATTEST: THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA By: ~,bAL~ BY:~./.. ROdIle}TLaiker, ~ Chairman MaryetJackson Superintendent/Corporate Secretary Date: December 10. 201 2 ATTEST: OKALOOSA COUNTY, a political Don. W. Howard, Clerk of Circuit Court subdivision of the State of Florida By: _ By: _ Gary J. Stanford, Deputy Clerk _ ~. Chairman, Okaloosa and Director of Finance Board of County Commissioners Date: _ Packet Pg. 85  6.1.b Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this J.J2:bb. day of Dr':('bnbu < •2012, by Rodney L. Walker and Mary Beth Jackson, as Chairman and Superintendent/Corporate Secretary respectively of The School Board of Okaloosa County, Florida, on behalf of the School Board. They are personally known to me and did not take an oath. NOTARY PUBLIC: sign:,~/~ print: IUk6C- ,~. ~~er:5l?1\ State of Florida at Large ( eal) My Commission Expires: STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this __ day of ______ .2012, by and Gary J. Stanford, as Chairman and Clerk respectively of the Okaloosa County Board of County Commissioners, on behalf of the County. They are personally known to me and did not take an oath. NOTARY PUBLIC: sign: _ print: _ State of Florida at Large (Seal) My Commission Expires: This Instrument Prepared By: C. Jeffrey Mcinnis, Esquire ANCHORS SMITH GRIMSLEY, PLC 909 Mar Walt Drive, Suite 1014 Fort Walton Beach, FL 32547 (850) 863-4064 Packet Pg. 86  6.1.b COMPOSITE EXHIBIT "A" - l of 2 Attachment: Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site.doc (1103 : Baker EMS Station Lease) LEOALfORPROPOSED EMS DUiUJINO IN BAK£Jl-, Fl. !: Caumonce It the 1OUlhwes, com~ of Lot S Dlk.,. Heights Suodlvhion, ."""riled in Plat Booll; 6. p~ IJ, OblOOll County, florldt. Th. afbrueld lOIllhweS1 CO"" • • 10" b<inS ,be Point of Boglnnlnll: IhffiCt run o.n lions the southerly boundary of B.h •. Ilriflhl. Subdivision a dhllll<' of 117 feet; Ih",,« "m >O\Jthon • lin. potlliel 10 the out riQlrt'of.w.y lin. of Moor". Street. din,"ce 006 lOot; th""C<! Nn wtl1 on • inc: vualld \0 \he _th line ofBlk« Iltlghtl Subdivision. distln<:e or 117 frn moro or Ion 10 tho can righl.or.way lIDo of Monroe SIrt<1; ,hence fun north o1ong the tI3\ riwhi-<>f.woyofMnoe StIlleI. diMncO 006 f<d 10tho Point ofDeginning. BoloS 0.20 Otr•• mOR or I•••• lotate<lln Section J). To"ffilhip ~ North, R>ugo 2~ W,,,, Okaloo,", Coumy. Florid •. ., I ~ : ,' ., .: 'j , ; . I il