Okaloosa County BOCC — January 18, 2013 — Lease Agreement between SBOOC and Oka County - Baker- EMSAmbulance site — reading text

STATE OF FLORIDA COUNTY OF OKALOOSA LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into by and between THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA, a body corporate pursuant to Section 1001.40, Fla. Stat., whose principal address is 120 Lowery Place SE, Fort Walton Beach, Florida, 32548 (hereinafter referred to as "Lessor") and OKALOOSA COUNTY, a political subdivision of the State of Florida, whose principal address is 101 East James Lee Boulevard, Crestview, Florida 32536 (hereinafter referred to as "Lessee"). WITNESSETH: For and in consideration of the covenants and agreements herein set forth, the parties do hereby agree as follows: 1. LEASED PREMISES. That the Lessor hereby expressly leases to Lessee the following described real property situated in Okaloosa County, Florida to wit: See Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Property"). 2. TERM AND TERMINATION. This Lease shall be for a period of ten (10) years beginning on the date of execution hereof by the first party, subject to renewal during the term on an annual basis by mutual agreement by both Lessor and Lessee. If either party should elect not to renew this Lease at the end of any annual period, it shall give the other party at least ninety (90) days written notice prior to the end of any such period. Unless a notice of non-renewal is delivered by either party, then this Lease shall be renewed automatically each year during the term hereof. 3. CONSIDERATION. The consideration thereof shall be the sum of One ($1.00) Dollar per year and other good and valuable consideration, together with the on-going maintenance and operation of an ambulance station to serve the Baker area. 4. USE. Lessor covenants that it is well seized of an indefeasible estate in fee simple in the demised property and has a good right to lease same, and that the Lessor warrants and will defend the Lessee in the quiet and peaceful possession and enjoyment thereof for the said term of this Lease, against all persons lawfully claiming the same, excepting for any easements of record. The Property shall be used by Lessee only as an ambulance station to serve the Baker area. The Lessee may not store fuel or other hazardous materials on or under the Property. 5. IMPROVEMENTS. The Lessor does hereby give the Lessee the right and privilege to make, at Lessee's expense, improvements and additions to the Property. All permanent improvements and additions which are attached to the Property will become the property of the Lessor and shall remain upon, and be surrendered with, the premises as a part thereof at the termination and/ or expiration of this Lease. Any temporary or portable improvements which can be removed without damage to the Property shall remain the property of the Lessee. The Lessee shall be required, at its sole expense, to return the Property to Lessor at the termination and/ or expiration of this Lease in as good a condition, and without any remaining improvements which are unacceptable to Lessor, as when this Lease started. Prior to commencing any development of the Property, the Lessee shall ensure full compliance with all applicable local, state and federal regulations. 6. INSURANCE. A. The Lessee shall exercise its privileges hereunder at its own risk and expense. The Lessee shall carry and maintain in full force and effect throughou t the term of this agreement, either comprehensive general liability insurance or a comprehensive general liability self-insurance program for the full amount of coverage as Lessee carries for all of its other governmental facilities and in no event shall the coverage amount be less than to the limit of liability set forth in Section 768.28, Fla. Stat., as same may from time to time be amended. The Lessor shall be named as an additional insured on all such coverages. Certificates of Insurance must be provided by the Lessee to the Lessor annually during the term of this Lease. All certificates shall provide a thirty (30) day notification clause to the Lessor in the event of cancellation or modification of the policy. In the event the insurance coverage expires at any time during the term of this Lease, a renewal certificate shall be issued thirty (30) days prior to said expiration date.  B. The Lessee shall be responsible for the maintenance of such insurance, in the amount of the full replacement cost of the facilities and contents, as necessary to protect the Lessee from the risk of loss of the Property or any contents therein owned by the Lessee by fire, theft, storm, hail, flood, vandalism or other such loss, and the Lessor shall be shown as an additional insured under all such policies of insurance to the extent of its interest in the Property. C. All insurance carriers shall be rated "A" or better by the most recently published A.M. Best Rating Guide. The Lessor reserves the right to accept or reject the insurance carrier(s). D. Neither the Lessee nor the Lessor shall be responsible, liable to, or have any obligation to any user for loss of property by reason of theft, fire, storm, hail, flood, or other such casual ty. 7. BREACH. Should the Lessee breach any of the terms of this Lease, then the Lessor, after giving notice as required herein, shall have the right, at its option, to immediately terminate this Lease and to re-enter and re-take possession of the Property. In such event the Lessor shall provide written notice to the Lessee setting forth the item(s) of breach or default and giving the Lessee thirty (30) days to cure the issue ("Cure Period"). If Lessee shall fail to correct the breach or default within the Cure Period then the Lessor may terminate this Lease and all improvements on the Property shall become the property of the Lessor. S. ATTORNEY'S FEES AND COSTS. In any action, suit or proceeding to enforce or interpret the terms of this Lease, or to collect any amount due hereunder, the prevailing party shall be entitled to reimbursement for all costs and expenses reasonably incurred in enforcing, defending or interpreting its rights hereunder, including, but not limited to, all collection and court costs, and all attorney's fees, whether incurred out of court, in the trial, on appeal, or at bankruptcy or administrative proceedings. 9. MISCELLANEOUS. A. Nothing herein contained shall be deemed or construed by the parties nor by any third party as creating the relationship of partnership or joint venture.  B. Whenever the singular number is used the same shall include the plural, and the masculine gender shall include the feminine and neuter genders where the context requires. C. No party shall be deemed in default under this Agreement if such party is delayed in the performance of any of its obligations if the delay is due to strikes, lockouts or labor disputes, acts of God, restrictions, regulations or controls of any government or governmental agency, civil commotion, insurrection, revolution, sabotage or enemy or hostile government actions, fire or other casualty or other similar conditions beyond the control of the party delayed. In the event of such delay, all dates for performance shall automatically be extended by a period equal to the aggregate period of all such delays. D. The Lessee shall keep the Property clean and free of rubbish and shall not allow the accumulation of any unsightly matter(s) or object(s). E. The Lessee shall develop, operate and maintain any improvements to the subject property so as not to interfere with the property rights of the adjacent residential homeowners. F. The Lessee shall be responsible for the cost of any and all utility services provided to the Property. 10. NOTICES. All notices, requests, demands, elections, consents, approvals, designations and other communications of any kind must be in writing and addressed to the parties as follows: School Board: Superintendent Okaloosa County School District Administration Office, 120 Lowery Place SE Fort Walton Beach, Florida 32548 Okaloosa County: Public Safety Director Okaloosa County Public Safety 90 College Boulevard East Niceville, Florida 32578  Any party may change the address to which notices are to be sent by giving ten (10) days prior written notice informing the other party of the change of address. Service of notice shall be deemed complete upon mailing. 11. COMPLETE AGREEMENT. This document contains the complete Agreement between the parties. All negotiations, considerations, representations, and understandings between the Lessor and the Lessee relating to the management of the Property are incorporated herein and may only be modified by agreement in writing. 12. APPLICABLE LAW. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agreement. 13. PARTIAL INVALIDITY. The invalidity or unenforceability of any provision of this Agreement shall not affect or impair any other provision unless such partial invalidity shall materially or substantially alter the arrangements between the parties hereto or the benefits accruing to either party. 14. HEADINGS. The headings of sections are for convenience only and do not define, limit, or construe the contents of such sections. 15. WAIVER. No consent or waiver, expressed or implied, by either party to or of any breach of any covenant, conditions, or duty of the other party hereto shall be construed as a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.  IN WITNESS WHEREOF, the parties hereto have caused the signatures of their officers to be set hereunder and their seals to be affixed hereto to be effective as of the latest date of execution. ATTEST: THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA By: ~,bAL~ BY:~./.. ROdIle}TLaiker, ~ Chairman MaryetJackson Superintendent/Corporate Secretary Date: December 10. 201 2 ATTEST: OKALOOSA COUNTY, a political Don. W. Howard, Clerk of Circuit Court subdivision of the State of Florida By: _ By: _ Gary J. Stanford, Deputy Clerk _ ~. Chairman, Okaloosa and Director of Finance Board of County Commissioners Date: _ STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this J.J2:bb. day of Dr':('bnbu < •2012, by Rodney L. Walker and Mary Beth Jackson, as Chairman and Superintendent/Corporate Secretary respectively of The School Board of Okaloosa County, Florida, on behalf of the School Board. They are personally known to me and did not take an oath. NOTARY PUBLIC: sign:,~/~ print: IUk6C- ,~. ~~er:5l?1\