Okaloosa County BOCC — July 2, 2013 (meeting #1140) — reading text

, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 7. Accidental or Negligent Damage to Fiber Optic Communications Cable. KRA shall not be liable to County if for any reason whatsoever the Fiber Optic Communications Cable is damages, hindered, interrupted or disturbed regardless of any negligence of KRA or its customers or contractors. 8. Notice. Any notices under this Agreement shall be sent to the following addresses: KRA: KRA Holdings of Florida, LLC Atten: Mary C. Anderson Manager 4750 Cromwell A venue Memphis, TN 38118 With a copy to: Michael L. Woodham 235 Mattie's Way Destin, FL 32541 2 Packet Pg. 165  COUNTY: Okaloosa County Atten: Dan Sambenedetto Telecom/GIS Manager Okaloosa County, FL micro@co.okaloosa.fl.us With a copy to: Phillip D. Metz, Medical Division Chief Destin Fire Control District 848 Airport Road Destin, FL 32541 9. No Reliance Created by Expenditures: County stipulates and agrees that any expenditure of money made in reliance upon this Agreement was done at County's 'risk and with the full and complete understanding that this Agreement was and remains revocable by KRA in accordance with the terms hereof. 10. Attorney's Fees. In any litigation arising out of this Agreement the prevailing party shall be entitled to recover costs and reasonable attorney's fees. IN WITNESS WHEREOF, KRA and the County have entered into this Agreement effective the day and year first above set forth. (signature pages to follow) 3 Packet Pg. 166 Witnesses: LICENSOR: KRA Holdings of Florida, LLC P..-rmt Name: Jf2e'I,- € . t5C\V",d~# a Florida limited liability Company Print ~;Qrif:!;;"V~ 'r By: ~f02-'-"""'tV"¥-I¥t:_~~·~4~ Mary .c . Anderson Print: --I.1'-L....L.L! 22II.LL &oWI:s.!.:..:v..>=----_ _ #..".y'---..L....L..J. f': A:....!.L!o:A.J,"""J, ....."ef(=<..<...::'>-= o:..:: J=--_ __ Its: Manager STATE OF TENNESSEE COUNTY OF Slze/~ The foregoing instrument was acknowledged before me this ;(j s.f day of ":::;;:;/1 e..- , 2013, by Mary C. Anderson, as Manager for KRA Holdings of Florida, LLC , a Florida limited liability company, who ( i./) is personally known to me or ( ) who has produced _ _ _ _ as identification, and who certifies that she is authorized to bind this LLC. (Notary seal) O--d-' £. Jat-~ NOffr;PUbli~n andfor~ FI@fid~ Te.~II1e.~<;c:e Printed name: .,7;;d,. £ St\V'e./e.;t- My Commission expires: .]Je£Ih16 ~I" If;?, < 0/.3 My Commission No.: I 4 Packet Pg. 167 Witnesses : LICENSEE: OKALOOSA COUNTY, FLORIDA Print Name: ------------------ By: _____________________________ Its : Chairman, Print Name: Board of County Commissioners ATTEST: By: ------------------------------- Clerk, Board of County Commissioners STATE OF FLORIDA COUNTYOFOKALOOSA The foregoing instrument was executed before me as of the _ _ day of ________~ 2013, by , as Chairman of the Board of County Commissioners of Okaloosa County, Florida and , as Clerk of the Court and ex officio clerk of the Board of County Commissioners of Okaloosa County, Florida. Such persons are personally known to me or have produced ------------------------ as identification. (Notary seal) Notary Public in and for State of Florida Printed name: --------------------- My Commission expires: _____________ My Commission No .: _____________ 5 Packet Pg. 168 Packet Pg. 169 j. I-­ ---- -_._ - -­ I Contract/Leo se Num!)er:_ _ __ _ Tracking )',)umber: b'-!3/J I Cor troctor/Less e e t~am.:; : ___ J(;JI/ /!Olrl)~LiJq-"c&-., LL<q.rantFunded:Y::S_ t ~ .::) ;..// I Pu,pes9: I?E'YO{~/f Lie ~"fe- ~t'~p-?er'l-I Dele/lerm: --..i2JI..£/~--- :. [ ] GREATER TH AN $50,000 I .A.mount: 2. D GREl.TE2 Tf-LA.N $25.000 I De r,ortm.n t· ---1..i. 3. [J $25.000 OR LESS I! Dept. Moniicr NOii,3: I i Purchasing Review Foll owing Okaloosa County approval: r- Confracts & Gronfs , Document ha; bE:8n rec·~i ved: 1 : Contracts (. Grants Manag_~r Date: .---~ Packet Pg. 170 Rosemarie Yohannan From: Dan Sambenedetto Sent: Monday, June 24, 2013 1:23 PM To: Rosemarie Yohannan Subject: FW: Revocable License Agreement FYI From: Jack Allen Sent: Thursday, June 20, 2013 10:55 AM To: Dan Sambenedetto Cc: Don Vanderhoek; Gary Real; John Dowd; Richard Brannon Subject: RE: Revocable License Agreement Dan, Just attach Mr. Dowd and Gary's e-mails to the coordination. Thanks, Jack From: Dan Sambenedetto Sent: Thursday, June 20, 2013 10:51 AM To: Jack Allen Cc: Don Vanderhoek; Gary Real; John Dowd; Richard Brannon Subject: RE: Revocable License Agreement Thanks, Do I need an updated completed coordination document? Dan From: Jack Allen Sent: T hursday, June 20, 2013 7:45 AM To: Dan Sambenedetto Cc: Don Vanderhoek; Gary Real; John Dowd; Richard Brannon Subject: FW: Revocable License Agreement Importance: High Thanks Mr. Dowd! Dan, Please proceed with getting 3 signed originals from KRA and prepare an agenda request. Let me know if you have any questions. Thanks, Jack From: John Dowd Sent: Wednesday, June 19, 2013 4:21 PM To: Jack Allen Cc: Gary Real Subject: FW: Revocable License Agreement 1 Packet Pg. 171 Rosemarie Yohannan From: Dan Sambenedetto Sent: Monday, June 24, 2013 1:24 PM To: Rosemarie Yohannan Subject: FW: Revocable License Agreement FYI ----------------- - From: Gary Real Sent: Thursday, June 20, 2013 8:32 AM To: Jack Allen; Dan Sambenedetto Cc: Don Vanderhoek; John Dowd; Richard Brannon Subject: RE: Revocable License Agreement I'm okay. Gary R. Real Risk Manager, Okaloosa County Florida 850-689-5979 Please note: Due to Florida's very broad public records laws, most written communications to or from County employee s regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Jack Allen Sent: Thursday, June 20, 2013 7:45 AM To: Dan Sambenedetto Cc: Don Vanderhoek; Gary Real; John Dowd; Richard Brannon Subject: FW: Revocable License Agreement Importance: High Thanks Mr. Dowd! Dan, Please proceed with getting 3 signed originals from KRA and prepare an agenda request. Let me know if you have any questions . Thanks, Jack From: John Dowd Sent: Wednesday, June 19, 2013 4:21 PM To: Jack Allen Cc: Gary Real Subject: FW: Revocable License Agreement Jack : Please find attached revised License Agreement . They have added a third paragraph to Section 6 that satisfies my concerns. Packet Pg. 172 Thanks. John From: Christopher Hart [mailto:chart@cphlaw.com] Sent: Wednesday, June 19,2013 3:50 PM To: John Dowd Cc: Phil Metz Subject: FW: Revocable License Agreement John: Here is the final with my suggested language added along with your editing. Chris W. CHRISTOPHER HART ATTORNEY { CLAHK PARTJKGTOX HART LARR"( BO;-';I) (5 STACKHOUSE ., IG"'lr) " , .... (850) 650-3304 MAIN 3499D Emerald Coast Parkway, Sllite 301 (850) 269-8845 DIR ECT Destin, FL 32541 (850) 650-3305 FAX www.cphlaw .com chart@cphlaw.com This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the