Okaloosa County BOCC — April 21, 2015 — Amended Lease for Council on Aging — reading text

AMENDED LEASE This Amended Lease entered into this day of , 2015, hereby amends the Lease dated February 18, 2014 by and between, OKALOOSA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, herein referred to as “Lessor”, and OKALOOSA COUNTY COUNCIL ON AGING, INC,, a Florida Non Profit Corporation, herein referred to as “Lessee”. SECTION ONE SUBJECT AND PURPOSE Lessor does hereby Lease that certain portion of the building, as indicated in the attached and incorporated Exhibit “A”, located at 207 NE Hospital Drive, City of Fort Walton Beach, County of Okaloosa, State of Florida, known commonly as the “Old Ft. Walton Beach Hospital”, (“Leased Premises™) to Lessee for the following purposes: 1. General administrative offices. 2. Necessary administrative support spaces. 3. Space for food preparation for the “Meals-On-Wheels” program. Lessee will be fully responsible for the provision, maintenance and care of all food preparation equipment and for complying with all health and safety and any other regulations that apply to a food preparation operation. 4. Space for congregate dining. 5. No other use is authorized for any portion of the space covered by this lease. SECTION TWO TERM AND RENT Lessee shall pay to Lessor for the use and occupancy of the space shown in Exhibit “A” one dollar ($1.00) per year, it being intended that the fair rental value of the premises utilized by the Lessee as an in-kind match for federal programs serviced by Lessee, which rental rate shall continue for ten (10) consecutive years beginning on the 1st day of October, 2014, and ending on the 30th day of September, 2024, Rent for the entire year shall be due and payable on the first day of the Lease period of each year. All rental payments shall be made to the Lessor at the Office of the Clerk of Courts, Okaloosa County Courthouse, Crestview, Florida. SECTION THREE ADDITIONAL RENT In addition, Lessee shall pay any and all taxes, charges, costs, and expenses that may be due as a result of this Lease, together with all interest and penalties that may accrue thereon in the event of the failure of Lessee to pay those items, and all other damages, costs, expenses, and sums that Lessor may suffer or incur, or that may become due, by reason of any default of the Lessee of failure by Lessee to comply with the terms and conditions of this Lease shall be deemed to be additional rent, and, in the event of non-payment, Lessor shall have all the rights and remedies as herein provided for failure to pay rent. SECTION FOUR ALTERATIONS, ADDITIONS, AND IMPROVEMENTS Lessee may not make any additions, alterations, or changes of any kind to the Leased Premises or on Lessor’s property without the expressed written consent of Lessor. 1. Permission. Lessee shall submit a complete work plan of any and all work that Lessee proposes to undertake to Lessor in advance of any work beginning. Lessee may not begin any work without written permission in advance from Lessor. 2. Costs. The full costs to accomplish any work plan approved by Lessor shall be borne entirely by Lessee. 3. Permitting and Inspection. All work authorized by Lessor and undertaken by Lessee, or Lessee’s contractor(s) or agent(s) shall be properly permitted by the appropriate inspecting authority and shall comply with all laws, rules, and regulations administered by any agency having jurisdiction over the work to be done. 4. License and Insurance. All contractors performing work on the Leased Premises shall be properly licensed and insured to perform the work. Prior to commencement of work at the Leased Premises, Contractors shall submit to the Lessor a Certificate of Insurance naming the Lessor as an additional insured with limits of coverage as follows: a. Workers Compensation — i. State - statutory limit ii. Employers Liability - $1,000,000 limit each accident b. Business Automobile - $1,000,000 each occurrence (combined single limit) c. Commercial General Insurance - $1,000,000 each occurrence (combined single limit) d. Professional Liability - $1,000,000 each occurrence (combined single limit) €. Personal and Advertising Injury - $250,000 per person Payment. Lessee is solely responsible for the payment for all items contracted for or purchased by Lessee. Lessce will take whatever actions that are necessary to remove any lien(s) placed on the property as a result of Lessee’s activities. Ownership. All approved alterations, additions, and improvements to the Leased Premises shall remain in place and become the property of Lessor at the conclusion of the Lease term. SECTION FIVE USE, 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 Premises and shared common areas, including bathrooms and hallways as shown on the attached Exhibit “A”. Lessee shall at Lessee’s own expense maintain and make timely repairs to: 1. HVAC System. General maintenance of HVAC systems; replace filters in a timely manner; clean and tune up the equipment according to the manufacturer’s recommendations. Kitchen Equipment. Clean, tune up, and maintain the various pieces of equipment in the commercial kitchen according to the manufacturer’s recommendations. Other. Clean and maintain restroom fixtures, flooring, ceilings, walls, windows, doors, and any other items in a customary manner to preserve function and value. Lessee also recognizes that it will share certain common areas in the Leased Premises, such as bathrooms and hallways, with another tenant of Lessor, the Okaloosa Walton Homeless Continuum of Care Opportunity, Inc. (“Opportunity, Inc.”), as depicted on Exhibit “A”. Lessee and Opportunity, Inc. have agreed to each tenant’s obligations and responsibilities as to the use, cleaning, and maintenance of shared common areas. Areas the Lessor is responsible for are depicted in Exhibit “A” and any amendments thereto shall be provided to Lessor. Lessee shall not allow any overnight occupancy or stays on the Lease Premises or in any portion of the space covered by this Lease. Lessee’s authorized parking on the Lessor’s property is limited to one vehicle per staff member of Lessee assigned to work at the Leased Premises. No vehicles or trailers may be parked overnight on Lessor’s property without the express written 3 consent of the Lessor. Further, Lessee shall not store any good, items, or materials outside that portion of the Leased Premises assigned to Lessee on Exhibit “A” without the express written consent of the Lessor. SECTION SIX TAXES Lessee shall pay on or before the last day on which payment may be made without penalty or interest, 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 Premises. SECTION SEVEN UTILITIES Utilities for the Leased Premises are provided and maintained through accounts billed to the Lessee. Lessee shall only be responsible for the cost of utilities consumed in the portion of the premises under Lessee’s control, as shown on the attached Exhibit “A”. Lessor shall pay to the Lessee a separate negotiated monthly amount towards the cost of utilities utilized by Lessor in that portion of the building that is occupied and controlled by Lessor. Lessee has entered into separate written agreements with other tenants of the building regarding payments toward utilitics consumed by other tenants, which are attached hereto as Exhibit “B” and any amendments thereto shall be provided to Lessor. Lessor shall not be responsible to Lessee for reimbursement of such costs. SECTION EIGHT MECHANICS’ LIENS - CONSENT OF LESSOR Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request 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 Lessor’s building, property, or any portion thereof. SECTION NINE UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the Leased Premises or any part thereof of for any unlawful or hazardous business purpose nor operate or conduct its business in a manner constituting a nuisance of any kind. Lessee shall immediately, on discovery of any unlawful or hazardous use, take action to halt such activity. 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. 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, 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. As to Lessor: Okaloosa County Attn: Director, Facilities Maintenance 5489 0Old Bethel Road Crestview, Florida 32536 As to Lessee: Okaloosa County Council on Aging, Inc. Attn: Director 207 Hospital Drive, Northeast Ft. Walton Beach, Florida 32548 SECTION SEVENTEEN ASSIGNMENT, MORTGAGE, OR SUBLEASE Neither Lessee nor its 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,