Okaloosa County BOCC — December 16, 2014 — Lease - Okaloosa Walton Homeless Continuum of Care Opportunity Inc -Final — reading text

3. Failure to comply with any law of any governmental authority. 4. Any mechanic’s lien or security interest filed against the Lessor’s building or property or any equipment installed or caused to be installed by Lessee at the Leased Premises, or any materials used or caused to be used by Lessee on or at the Leased Premises, or any work done or caused to be done by Lessee at the Leased Premises for any purpose. SECTION ELEVEN ACCESS TO LEASED PREMISES Lessee shall permit Lessor or its agents to enter the Leased Premises at all reasonable hours to inspect or make repairs that Lessee may neglect or refuse to make in accordance with the provisions of this Lease or that may be otherwise necessary in the normal repair and maintenance of the facility or to show the premises to prospective buyers. 5  SECTION TWELVE EASEMENTS, AGREEMENTS, OR ENCUMBRANCES The parties shall be bound by all existing easements, agreements, and encumbrances of record relating to the Leased Premises and Lessor shall not be liable to Lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. SECTION THIRTEEN LIABILITY OF LESSOR Lessee shall be in exclusive control and possession of the Leased Premises and Lessor shall not be liable for any injury or damages to any property or to any person on or about the Leased Premises or for any property of Lessee. The provisions herein permitting Lessor to enter and inspect the Leased Premises are made to insure that Lessee is in compliance with the terms and conditions hereof and makes repairs that Lessee has failed to make or are necessary as a consequence of a repair that was necessary that was outside of the responsibility of Lessee. Lessor shall not be liable to Lessee for any entry on the premises for inspection or necessary repair purposes. SECTION FOURTEEN REPRESENTATIONS BY LESSOR At the commencement of the term Lessee shall accept the Leased Premises and the fixtures and equipment included therein in their existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, expressed or implied, have been made by or on behalf of Lessor in respect therein except as contained in the provisions of this Lease, and Lessor shall in no event be liable for any latent defects within the Leased Premises. SECTION FIFTEEN 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 SIXTEEN 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 the party to be notified at the address set forth below or at such other address as either party may from time to time designate in writing. 6  As to Lessor: Okaloosa County Attn: Director, Facilities Maintenance 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  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  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.