Okaloosa County BOCC — December 16, 2014 — reading text

5489 Old Bethel Road Crestview, Florida 32536 As to Lessee: Okaloosa Walton Homeless Continuum of Care, Opportunity, Inc. Attn: Chair, Board of Directors Post Office Box 115 Ft. Walton Beach, Florida 32549 SECTION SEVENTEEN ASSIGNMENT, MORTGAGE, OR SUBLEASE Neither Lessee nor his successors or assigns shall assign, mortgage, pledge or encumber this Lease or sublet the Leased Premises, in whole or in part, or permit the Leased Premises to be used or occupied by others, nor shall this Lease be assigned or transferred by operation of law, without the prior consent in writing of Lessor in each instance. If this Lease is assigned or transferred, or if all or any part of the Leased Premises is sublet or occupied by anybody other than Lessee without Lessor’s written consent, Lessor may declare Lessee in default and terminate the entire Lease and demand Lessee vacate the entire Leased Premises and surrender control of the Leased Premises by to Lessor within fifteen (15) calendar days from service of notice of default to Lessee by Lessor. Any consent by Lessor to sublease or transfer any portion of the Leased Premises to any other party is limited to that specific request and does not construe consent by Lessor to any other transfers or sublets. SECTION EIGHTEEN LEASE RENEWAL/EXTENSION Lessee must submit to Lessor a written request to exercise either of the one year Lease extension options provided herein not less than One Hundred Eighty (180) days prior to the end of the Lease term then in effect. If Lessor has not received written notice of Lessee’s intent to exercise its option to extend the Lease for an additional one year term at least One Hundred Eighty (180) days prior to the end of the Lease term then in effect, then the option to extend shall be null and void and the Lease will expire on the last day of the Lease term then in effect. If Lessor wishes to renew the Lease after the end of the Lease term and optional extensions provided in Section Two, then Lessee shall provide Lessor with a written Lease renewal request no later than One Hundred Eighty (180) days prior to the expiration of the Lease term then in effect. The Lease rate and terms for any renewal of the Lease shall be by mutual agreement of Lessor and Lessee and shall also be presented to and approved by the Okaloosa County Board of County Commissioners. 7 Packet Pg. 327  SECTION NINETEEN SURRENDER OF POSSESSION Lessee shall quietly and peaceably vacate the Leased Premises and surrender possession to Lessor on or before the last day of the Lease, or on an earlier termination and forfeiture of the Lease, free of subtenancies, in good condition and repair. Lessee shall remove all property of every description in the Leased Premises that is not the property of Lessor on or before 12:00 a.m. (midnight) on the last day of the Lease. SECTION TWENTY DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this Lease by Lessee: 1. IF Lessee, or any successor or assignee of Lessee while in possession shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or shall voluntarily take advantage of any such act by answer or otherwise or shall make an assignment for the benefit of creditors. 2. IF voluntary proceedings under any bankruptcy law or insolvency act shall be instituted against Lessee or if a receiver or trustee shall be appointed of all or substantially all of the property of Lessee, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within Sixty (60) days after the institution or appointment. 3. IF Lessee shall fail to pay Lessor any rent, or additional rent required hereunder when such become due and shall not make the payment within Fifteen (15) days after notice thereof by Lessor to Lessee. 4. IF Lessee shall fail to perform or comply with any of the conditions of this Lease and if the nonperformance shall continue for a period of Fifteen (15) days after notice thereof by Lessor to Lessee or, if the performance cannot be reasonably had within the 15 day period, Lessee shall not in good faith have commenced performance within the Fifteen (15) day period and shall not diligently proceed to completion of performance. 5. IF Lessee fails to maintain in full force and effect the insurance coverages required pursuant to Section 10 or fails to name Lessor as an additional insured on such insurance policies. 6. IF Lessee shall vacate or abandon the Leased Premises. 7. IF this Lease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on any other person or party, except in the manner herein permitted. 8 Packet Pg. 328  8. IF Lessee fails to take possession of the Leased Premises on the term commencement date or within ten days after notice that the Leased Premises are available for occupancy, if the term commencement date is not fixed herein or shall be deferred as herein provided. SECTION TWENTY-ONE EFFECT OF DEFAULT In the event of any default hereunder, as set forth in Section Twenty, the rights of Lessor shall be as follows: 1. Lessor shall have the right to cancel and terminate this Lease, as well as all of the right, title, and interest of Lessee hereunder, by giving to Lessee not less than Fifteen (15) days notice of the cancellation and termination. On expiration of the time fixed in the notice, this Lease and the right, title, and interest of Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as to Lessee’s liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. 2. Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term, or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. 3. Lessor may re-enter the premises immediately and remove the property and personnel of Lessee, and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After re-entry, Lessor may terminate the Lease by giving Fifteen (15) days written notice of termination to Lessee. Lessee shall be responsible to pay to Lessor all costs of making any repairs to the Leased Premises that were the responsibility of Lessee, and if not paid Lessor shall be entitled to a judgment against Lessee for said sum. 4. Lessor shall have any other remedy available by law. 9 Packet Pg. 329  SECTION TWENTY-TWO TOTAL AGREEMENT; APPLICABLE TO SUCCESSORS This Lease contains the entire agreement between the parties and cannot be changed or terminated except by written instruments subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. SECTION TWENTY-THREE APPLICABLE LAW AND VENUE This agreement shall be governed by and construed in accordance the Laws of the State of Florida. The venue for any legal actions relating to this Lease shall be brought in the Courts in and for Okaloosa County, Florida. 10 Packet Pg. 330  IN WITNESS WHEREOF, Lessee has hereunto set its hand and seal this day of , 2014. In the Presence of: OKALOOSA WALTON HOMELESS CONTINUUM OF CARE, OPPORTUNITY, INC. BY: Martin Fancher Chairman, Board of Directors ATTEST: Secretary IN WITNESS WHEREOF, Lessor has hereunto set its hand and seal this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA J.D. Peacock II Chairman Clerk of Courts 11 Packet Pg. 331 Packet Pg. 332 Packet Pg. 333 Packet Pg. 334 Packet Pg. 335 Packet Pg. 336 Packet Pg. 337 Packet Pg. 338 Packet Pg. 339  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Planning Assistance to States (PAS) Phase IV Agreement with USACE DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests the Board of County Commissioners (BCC) to approve and authorize the Chairman to execute Planning Assistance to States (PAS) Phase IV Grant Agreement with the United States Army Corps of Engineers (USACE), Mobile District, in support of our future public water supply program. The agreement is attached for your consideration, along with the County Contract Review Coordination Sheet. BACKGROUND: Beginning with the PAS Phase I Agreement executed on July 28, 2010, Okaloosa County Water and Sewer (OCWS) has been partnering with the USACE to perform preliminary planning activities related to future public drinking water supply utilizing surface water from a proposed offline reservoir near the Shoal River via this program. Thru the PAS Program, the USACE