Okaloosa County BOCC — November 18, 2014 — ME Lease Agreement

f LEASE | day of Oo folpeur , 2014 by and between OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida, by and This Lease made the through its Board of County Commissioners, herein referred to as “Lessor”, and OFFICE OF THE DISTRICT MEDICAL EXAMINER, DISTRICT ONE, FLORIDA, herein referred to as “Lessee”. SECTION ONE SUBJECT AND PURPOSE Lessor does hereby agree to lease and rent a portion of the building, more particularly described in Addendum “A” to this Lease, located at 20, Stall Drive. NE, City of Fort Walton Beach, County of Okaloosa, State of Florida, known commonly as the “Old Ft. Walton Beach Hospital”, to Lessee for the following purposes: 1. Morgue, examination facilities and other services provided by the Office of the District Medical Examiner, District One, Florida. 2. General administrative offices and support space. 3. No other use is authorized for any portion of the space covered by this Lease. SECTION TWO TERM The term of this Lease shall be for one (1) year beginning on October 1, 2014 and ending on September 30, 2015. This Lease may be extended for up to five (5) additional one year terms upon the mutual consent of the parties. SECTION THREE RENT Initial Year. The rent for Lessee’s use and occupancy of the space shown in Addendum “A” for the initial year of this Lease shall be fifty eight thousand two hundred sixty-six dollars ($58,266.00). For the initial year of the Lease, Lessor will provide Lessee with a credit of $41,951.52 towards services to be performed by Lessee for Lessor during the one year Lease term as compared to services provided for Walton County or any other county. That current ratio is 72% for Lessor and 28 % for Walton County and any other county. The balance of the rent shall be paid in advance in twelve (12) monthly installment payments of $1,359.54 per month due no later than the fifth (5"") day of each month of the Lease term. All rental payments shall be made to the Lessor at the Office of the Clerk of Courts, 302 N. Wilson Street, Crestview, Florida 32536. Renewal Years. For each subsequent renewal year, prior to ninety (90) days prior to the end of the term, the amount of rent which will be charged during the proposed renewal will be established between the Lessor and Lessee and the amount of credit to be applied based upon the ratio of services provided by the Lessee to the Lessor as compared to Walton County or any other county will be calculated based upon the prior year service. That credit amount will be applied against the proposed rent in the renewal year. SECTION FOUR ALTERATIONS, ADDITIONS, AND IMPROVEMENTS Lessee may not make any additions, alterations, or changes of any kind to the leased premises without the expressed written consent of Lessor. SECTION FIVE MAINTENANCE AND REPAIRS Lessee shall, at all times during the Lease and at its own cost and expense, repair, replace, and maintain in a good, safe, and substantial condition, the interior of the leased portion of the premises. SECTION SIX TAXES To the extent applicable, Lessee shall pay all taxes, assessments, or other governmental charges that shall or may, during the Lease term, be imposed on or arise in connection with the use of the leased portion of the premises. SECTION SEVEN UTILITIES Lessee shall pay for all utilities consumed in the leased portion of the premises. Lessee shall post any necessary deposits with the various utilities providers and cause the utilities services to be registered in the Lessee’s name. SECTION EIGHT MECHANICS’ LIENS - CONSENT OF LESSOR Nothing in this Lease shall be deemed or construed in any way as constituting the consent or approval of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the leased premises or any part thereof, nor as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the premises or any portion thereof. SECTION NINE INDEMNITY Lessee shall indemnify Lessor against all expenses, liabilities, and claims of every kind, including reasonable attorney fees, by or on behalf of any person or entity arising out of either: 1. A failure by Lessee to perform any of the terms or conditions of this Lease. 2. Any injury or damage happening on or about the premises as a result of the Lessee's occupancy of the leased portions of the premises. 3. Failure to comply with any law of any governmental authority. 4, Any mechanic’s lien or security interest filed against the premises or any equipment installed or caused to be installed by Lessee at the premises, or any materials used or caused to be used by Lessee on or at the premises, or any work done or caused to be done by Lessee at the premises for any purpose. SECTION TEN ACCESS TO LEASED PREMISES Lessee shall permit Lessor or its agents to enter the leased premises at all reasonable hours to inspect the leased premises or make all necessary repairs in accordance with the provisions of this Lease, including repairs that Lessee may neglect or refuse to make or to show the premises to prospective buyers or lessors. SECTION ELEVEN WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Lessor may have to enforce performance of the terms and conditions of this Lease at any time. SECTION TWELVE NOTICE All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and with return receipt requested, to: OKALOOSA COUNTY, FLORIDA John Hofstad Interim County Administrator 1804 Lewis Turner Boulevard, Suite 400 Fort Walton Beach, Florida 32547 OFFICE OF THE DISTRICT MEDICIAL EXAMINER, DISTRICT ONE Jeffrey B. Martin Director Office of the District Medical Examiner, District One 5151 N. 9" Avenue Pensacola, Florida 32504 or at such other address and to such other representatives as either party may from time to time designate in writing. SECTION THIRTEEN ASSIGNMENT, MORTGAGE, OR SUBLEASE Neither Lessee nor his successors or assigns shall assign, mortgage, pledge or encumber this Lease or sublet the leased portion of the premises in whole or in part, or permit the 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. SECTION FOURTEEN DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this Lease by Lessee: 1. If Lessee shall fail to pay Lessor any rent payment when due and shall not make the payment within Fifteen (15) days after notice thereof by Lessor to Lessee. 2. 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. 3. If Lessee shall vacate or abandon the leased premises. 4, If this Lease or the interest of Lessee hereunder shall be transferred to or assigned to any other person, party, or entity, except in the manner herein permitted. SECTION FIFTEEN EFFECT OF DEFAULT In the event of any default hereunder, as set forth in Section Fourteen, the 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. Lessor shall also have any other remedy available by law. SECTION SIXTEEN TOTAL AGREEMENT; APPLICALICABLE 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 legal representatives, successors, and assigns of both parties. SECTION SEVENTEEN APPLICABLE LAW This agreement shall be governed by and construed in accordance the Laws of the State of Florida. IN WITNESS WHEREOF, Lessee has hereunto set its hand and seal this _/ ub day of Dbobee , 2014. In Presence Of: OFFICE OF THE DISTRICT MEDICIAL EXAMINER, DISTRICT ONE a BY: “> 27 Diregtd ATTEST: Ayer 0 WALL Secretary STATE OF FLORIDA ) ) COUNTY OF OKALOOSA ) a Before me, the undersigned authority, personally appeared, [ eters: 6 many a as Director of OFFICE OF THE DISTRICT MEDICIAL EXAMINER, DISTRICT ONE, to me well known and known to me to be the person described in and who executed the foregoing document and acknowledged to and before me that he has the full authority to execute and did execute said instrument in the capacity and for the purposes therein expressed. WITNESS my hand and official seal this [4 fn day of Cedober- , 2014. (VB A ya NOTARY PUBLIC My Commission Expires: ROBIN B. WIGGINS 2 MY COMMISSION #FFo90557 , “Eorac EXPIRES February 6, 2018 02/p (A 4 (407) 398-0153 FlaridaNotaryService.com - of IN WITNESS WHEREOF, Lessor has hereunto set its hand and seal this 18" day of November 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA J D Peacock II Charles K. Windes, Jr. Clerk Ad Interim Chairman