Lease Okeechobee Rehabilitation Facility
LEASE AGREEMENT
i
THIS AGREEMENT, entered into this 2 3rd day of July, 1992, between
OKEECHOBEE COUN'T'Y, a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY"; and the OKEECHOBEE REHABILITATION FACILITY,
INC., a Florida non-profit corporation, hereinafter referred to as the "REHAB".
WITNESSETH:
WHEREAS, the COUNTY owns the real property more particularly described below,
located in Okeechobee County, Florida; and
WHEREAS, the REHAB has been utilizing a majority of said real property for a
number of years and has provided unique and valuable services to the citizens of
Okeechobee County; and
WHEREAS, a review of the public records has indicated that the long term lease
agreement between the COUNTY and the REHAB may have been either inaccurate or
incomplete; and
WHEREAS, REHAB has begun a project of renovation and expansion which
requires the formalization of the relationship between the parties.
NOW THEREFORE, BE IT AGREED in consideration of the mutual rights and
responsibilities of the parties hereto as follows:
1. THAT the COUNTY will lease the following described property to the
REHAB for the specific purposes of developing, using, operating, maintaining and
administrating a non-profit rehabilitation and education facility, at a nominal fee of $1.00
per year:
Lots 7, 8, 99 10, 1, 12, Block 107 and the South 47 feet of Lots 1, 29 3, 4, 5, 6,
Block 107; and also the 20 foot alley lying betwee* Lots 1, 2, 3, 4, 5, 6, Block
107 and Lots 7, 8, 91 10, 11, 12, Block 107, Okeechobee, as recorded in Plat
Book 5, Page 5, Public Records of Okeechobee County, Florida.
2. THAT the term of this Lease shall be for ninety nine (99) years from the date
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of its execution.
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3. THAT the REHAB agrees to operate and maintain the facility in accordance
with the terms and conditions as set forth in this Lease. All cost associated with the control,
operation and maintenance of the above described facility shall be born by the REHAB.
Any and all charges to furnish services to the premises made by any utility company or
municipality shall be paid by the REHAB within the time specified by each utility company
or municipality.
4. THAT the REHAB agrees to apply for and to receive any all necessary
permits for the construction, operation and maintenance of the above referenced facility.
5. THAT the REHAB shall procure and maintain, and ensure that its
subcontractor(s) procure and maintain, through the term of this Lease, Workmen's
Compensation insurance written by a financially sound company up to the limits specified
by Florida Statute. The REHAB shall provide insurance certificates demonstrating such
coverage to the COUNTY prior to commencement of performance. Notwithstanding the
number of employees or any other statutory provisions to the contrary, the Workmen's
Compensation insurance shall extend to all employees of the REHAB and its
subcontractor(s). The Workmen's Compensation insurance policies required by this Lease
shall also include Employer's Liability.
6. THAT the REHAB shall protect, indemnify and save the COUNTY harmless
against all liability or loss, and against all claims or actions based upon or arising out of
damage or injury (including death) to persons or property on,, or about the premises arising
out of or resulting in any way from any act or omission of the REHAB, its agents, invitees,
servants and employees, in the use of the premises during the term of this Lease or based
upon any violation or any statute, ordinance, building code or regulation, and the defense
of any such claims or actions. In the event that any claim in writing is asserted by any third
party which may entitle the COUNTY to indemnification, the COUNTY shall give notice
thereof to the REHAB, which notice shall be accompanied by a copy of the statement of
the claim. Following the notice, the REHAB shall have the right, but not the obligation,
to participate at its sole expense, in the defense, comprise or settlement of such claim with
counsel of its choice. If the REHAB shall fail timely to defend, contest or otherwise protect
against any suit, action or other proceeding arising from such claim, the COUNTY shall
have the right to defend, contest or otherwise protect itself against same and be reimbursed
for expenses and reasonable attorney fees, and upon not less than ten (10) days notice to
the REHAB, to make any reasonable compromise or settlement thereof.
7. THAT the REHAB agrees to maintain at its expense at all times during the
Lease term, and any renewal thereof, full general liability insurance protecting and
indemnifying the COUNTY and naming the COUNTY as an additional insured, in an
amount of not less than $50,000.00 per person and $100,000.00 per accident for injuries or
damages to persons, and not less than $100,000.00 for damage to or destruction of property,
written by insurers licensed to do business in the State of Florida. In the event that the
REHAB shall procure insurance required under this Lease, and fail to maintain the same
in force continuously during the term, and any renewal thereof, COUNTY shall be entitled
to procure the same and the REHAB shall immediately reimburse the COUNTY for such
premium expense.
THAT the REHAB shall maintain the grounds surrounding the premises and
keep same mowed, weeded and free from garbage and refuse and agrees to keep the
property maintained in as good a condition as it now is, reasonable wear and tear excepted.
9. THAT the REHAB shall not assign this Lease, nor sub-let the premises, or
` any part thereof, nor use the same, or any part thereof, nor permit the same, or any part
thereof, to be used for any other purpose than as above stipulated. The REHAB shall not
make any alterations therein or install signs or advertising or additions thereto, without the
prior written consent of the COUNTY, and all additions, fixtures or improvements which
may be made by the REHAB shall become the property of the COUNTY and remain upon
the premises as a part thereof, and be surrendered with the premises at the termination of
this Lease. Provided however, that neither the terms of this paragraph nor the Lease shall
prohibit the REHAB from borrowing funds to construct improvements to be placed on the
property so long as the mortgage or security agreement contains the following provisions:
A. Notice to COUNTY of any default and an opportunity to cure
said default.
B. The ability for the COUNTY to assume the mortgage and pay
same according to its terms in the event of a termination of this
Lease prior to the payment of the mortgage or security
agreement.
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Y ,
10. THAT all personal property placed upon the aforementioned real property
shall be at the risk of the REHAB or owner thereof, and COUNTY shall not be liable for
any damage to said personal property.
11. THAT the REHAB shall assure that no person shall be excluded, on the
grounds of race, color, creed, national origin, handicap, age, or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under, this
Lease. The REHAB shall take all measures necessary to effectuate these assurances.
13. THAT, should any term or provision of this Lease be held, to any extent,
invalid or unenforceable, as against any person, entity or circumstance during the term
hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term of provision of this Lease, to the extent that the
Lease shall remain operable, enforceable and in full force and effect to the extent permitted
by law.
14. THAT failure or waivers to enforce any covenant, condition, or provision of
this Lease by the parties, their successors and assigns shall not operate as a discharge of, or
invalidate, such covenants, condition, or provision, or impair the enforcement rights of the
parties, their successors and assigns.
15. THAT this Lease states the entire understanding between the parties and
supersedes any written or oral representations, statements, negotiations, or agreements to
the contrary. The REHAB recognizes that any representations, statements, or negotiations
made by the COUNTY staff do not suffice to legally bind the COUNTY in a contractual
relationship unless they have been reduced to writing, authorized, and signed by the
authorized COUNTY representatives. This Lease shall bind the parties, their assigns, and
successors in interest.
16. THAT the REHAB shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements of the Federal, and State government
and of any and all their Departments and Bureaus applicable to said premises, for the
correction, prevention, and abatement of nuisances or other grievances, in, upon, or
connected with said premises during said term; and shall also promptly comply with and
execute all rules, orders, and regulations of the Southeastern Underwriters .
17. THAT any failure on the part of the REHAB to comply with the terms of said
Lease shall at the option of the COUNTY, work a forfeiture of this contract, and all of the
rights of the REHAB hereunder, and thereupon the COUNTY, his agents or attorneys,
shall have the right to enter said premises, and remove all persons therefrom forcibly or
otherwise, and the REHAB thereby expressly waives any and all notice required by law to
thereby expressly waives any and all notice required by law to terminate tenancy, and also
waives any and legal proceedings to recover possession of said premises, and expressly
agrees that in the event of a violation of any of the terms of this Lease, said COUNTY, his
agent or attorneys, may immediately re-enter said premises and dispossess REHAB without
legal notice or the institution of any legal proceedings whatsoever. All notices to the parties
under this Lease shall be in writing and sent certified mail or by hand delivery to:
OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS
Attention: David Rivera
304 North West Second Street, Room 106
Okeechobee, Florida 34972
OKEECHOBEE REHABILITATION FACILITY, INC.
Attention: Gary McDeavitt
403 North West Second Avenue
Okeechobee, Florida 34972
18. THAT if either party brings any action or proceedings to enforce, protest, or
establish any right or remedy under this Lease, the prevailing party shall be entitled to
recover reasonable attorney's fees and other costs of litigation and the court shall have
jurisdiction and authority to determine which party or parties are "prevailing" and to allocate
fees and costs between.
19. THAT the REHAB shall not assign, delegate, or otherwise transfer its rights
and obligations as set forth in this Lease without the prior written consent of the COUNTY.
20. THAT the COUNTY reserves the right to relocate the facility to other
suitable County-owned real property at the COUNTY'S sole expense, should the leased
property be required for a use determined by the Board of County Commissioners to be in
the public interest.
21. THAT it is understood and agreed between the parties hereto that time is of
the essence of this contract and this applies to all terms and conditions contained herein.
22. THAT the rights of the COUNTY under the foregoing shall be cumulative,
and the failure on the part of the COUNTY to exercise promptly any rights given hereunder
shall not operate to forfeit any of the said rights.
IN WITNESS WHEREOF the parties have hereunto set-their hands and seals the
day and year above written.
Signed, Sealed and Delivered in
the presence of:
BY: 11%,161 zc t CHARLES W. HARVEY, C
BOARD OF COUNTY COONERS
OKEECHOBEE COUNTY, A
Gloria J. Ford, Clerk
BOARD OF COUNTY COM IS ONERS
OKEECHOBEE COUNTY, IDA
OKEECHO EHABILITATION FACILITY, INC.
p . ~,r 3
Witness _
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
RESOLUTION NO. 92-17
WHEREAS, the COUNTY owns the real property more particularly described below,
located in Okeechobee County, Florida; and
WHEREAS, the OKEECHOBEE REHABILITATION FACILITY, INC. has been
utilizing a majority of said real property for a number of years and has provided unique and
valuable services to the citizens of Okeechobee County; and
WHEREAS, a review of the public records has indicated that the long term lease
agreement between the COUNTY and the OKEECHOBEE REHABILITATION
FACILITY, INC. may have been either inaccurate or incomplete; and
WHEREAS, OKEECHOBEE REHABILITATION FACILITY, INC. has begun a
project of renovation and expansion which requires the formalization of the relationship
between the parties.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Okeechobee County, Florida:
1. THAT Okeechobee County shall lease to the Okeechobee Rehabilitation
Facility, Inc., certain premises located at 403 Northwest Second Avenue,
Okeechobee, Florida.
2. THAT the term of said lease shall be 99 years from the date of its execution.
3. THAT rental for said lease shall be at a nominal fee of $1.00 per year.
4. THAT the above described real property is not needed at this time for county
purposes.
5. THAT the lease of the above described real property is found to be in the
best interest of the public and community welfare.
6. THAT the COUNTY finds that the terms and conditions as set forth in the
lease (attached hereto as Exhibit "A" and incorporated herein by reference)
are in the best interest of the public and community welfare.
I
APPROVED AND ADOPTED this day of July, 1992.
BY: r fi,
ATTEST: CHARLES W. R;kRVE-Y. C MAN
BOARD OF COUNTY COMMI IONERS
OK
EECHOBEE COUNTY, FLORIDA Gloria J. Ford, Clerk c t
JL
BOARD OF COUNTY COMMI NERS
OKEECHOBEE COUNTY, FLORIDA
• 2.5U -:17%
The L=ASI entesod into January 24, 1"0 betwes 0baeabobee i
comty as LgSSOS, and 0tteecbobee Roba►ilitatiow yaeility,
Im., as LZSSES, to heseby rsvised and afrndod as follows.
The term of said LUX& shall bo for u1notr•niae (99) rasa w
and any be renewed at the option of the lusu.
The following psovisloos of VILA Lease Add"Am !foss 2070
o" betob, oado a past of this said LIAM
This Laos* Mdendus is re-recorded to completely till in Nragraph 2
of said least A4dendw.
JL"tast+Miy ww Other pr/vialmw of this lose, it ad so low as teas
ZMawOU 1a wwlsat to a estop savored, radastired, or bold %W tM
Podss'as Oft"" Cwdoemo e w Sovln to tai C•satasionar, is eaelsatiela
14th a eesatls, er On Added pe'avlssa we se9eisad tad Ida bow 1w bseefaN
of a ddaadt mdse' a" ftwtp0st
1. The tort to wtbsriad to obtain A 1/aa, I" rePePneat at I*Amh is to '
be iwaA 1w tea nisei momelso Ce.tdadn„r ad as..y rr a asetpp
os 1W 3a.aeae" "tote. 3rsent is lw"m m0wripi to e.ssato .
sa talcs laea.ad! ad otase++Lsa to emply with *9 rega U masts
aetse »a ft"Sag Csrtsafesrr for obtaidad aei r lasiea
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to tae lossaadd fatsaeet, to ma sae pod sad nsrbetabls tee Mae to
tM Assdaat
Promises, Ms of an 31sas ed assept nosh as 's:.
Umbe be 3~ awkes attar sop un or hL Is otfLr, witJ"
sea at --ELMS DKLW ~ a hat s+at, tow WA ,
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pseaan ee asr,ottitL 0 Ns my than be
tae owner Of as too, ed tae wane at 'has lies ftsu taasewfpM mmt,
aN daUvw to no t dwat @WON 01 ndadeeee, et ass to
aRt3asy, a Aesi or to tY Oda asdssi ",mar, soasolnuo
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I•. (a) Iamranee palieta shall be in as saount, and In suek eagwW or eosi "as
ant ii am& fora, and agal ut aueb risks sod basards, as sbaU be appra►id `
by no nirtgsges and/or tb federal "Dud" CossdrsalonAr.
(b) The Len03084 ali2► Nat take out separate tasaesaoe t L fora Jl
Ar osatxlbatieg is the event of loaf with that spoeitisaw rogaired to
be frsalsbd b the Tenant to the asrtpps. !be Lasdleft aft at its ews
` espeal , bower, take erst seal insstrsnea tlltieh 1s nos t is rw;v,
teas es set aaetribatUS Is thr e+wst of loss with U at spedtiasil,T
regnirot to be furniied by the isms. 'a
S.;•} Tt all nr agrr vast of the dssdast proagsAS shell b tAhss iR/ AoatsarsetLra
that poetiaa of say aware sttfeibntablo to the ! I, . or i■ste to . ~ .
tko 1.:. is ObLu be pair %a the 4w eWwwl" disposed of
as say be perrridad ire ib iasrnet =0 60% 1q psrttsa SC the sword
attribistaKe aalsly to tbs tsklat ed lrsd rail be pd& to 1r Ls.Naei.
Alter rase dsts, of UM tbo ssssni pwmd seas ab" be relow d rasebdz
by tae psopes tuna tlhici the al pelt to Um LmlIll bones to thin total ,
raise ed' the 3aat as astsbUa ed by the smat ibe Todsn& renedsd
Countealsnor wwAM be requtived to pap upon sesatsitlen of Ns too as set F
out Lis., , 2 of this Attaadaa.
o) Is the van of a unfettered solo of all or a ylectl1s!ne of dAatad prOOLS e
In 11eu of eearem ation, the psoe*l shall be /t;eWjatst sad grosad
rant. ssgns I to provided in cle"s of coedaanatl,on, but the appraosl of the
:asdeew offi the aertgee shell be regmlrsd as to the saasat asd
dlridaa of the peyaaat to be resolved.
E. :be Landlerd ogres fiat, wludA tea (10) days after reoalpt of written
rer'aeat frica Tarrant, it wtll join LA-MV Sad all appltsstioas for persits, x
licisal or oular atitlssrl" ens required Ip any govaunestal or otbAr
Lindy elaladag jurisdiction ZR eonaeatian with any wwk %kick Uw Tenant
rar de beretsadsr, end will ALSO jots Is WW greats for eaaeasata for
ateetris, telephil gas, water, so~ and arson otter pablie utilities -4
f"LAtias as rn/ be roasoaebly ascessary L► the cpAratloa of the chained
pseatees or of asp lr,,," As that way be ereeted thereon; and Lt, at
uw eagiratiea of al ten (LO) dayst parlM, the I ardlord adill not have
20104 to asp W.rea spplicetL►a, Or graAtA for easeRente, thO tenant ar16,11
taro Uw slight to Owel onah applicattaa sad trants to the slum of the
Lasitlreed, wl to: that purpose, the Landlord r reby lrtevoeebly ill
the Tenant as tts Attorney-la-fact to execute suet papers ou "halt c,i
t.be 1Awdlord.
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frs.c lse, estate, ..«atttAZCe, s..:coast r., .
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• 1
THIS AGREEMENT, entered into this 18th day of December
1991 between the Okeechobee County Board of County Commissioners,
hereinafter called the BOCC, lessor, County, party of the first part
and the Okeechobee Rehabilitation Facility, Inc., of the County of
Okeechobee, and State of Florida, herein after called the lessee,
Rehab, or party of the second part.
WITNESSETH, That said lessor does this day lease unto said
lessee, and said leasee, does hereby hire and take possession of 300,
65 gallon poly containers to be used to gather recycling materials at
select drop off sites in Okeechobee County, and for no other purposes
or uses whatsoever for the term of ten years, beginning the first day
of November, 1991, and ending the 31st day of October, 2001, for the
agreed total rental fee of fifty cents per container per annum,
payable as follows:
One lump sum annual payment in the amount of $150.00 will be made
within one week of delivery of the containers in the first year and
then prior to November 1, thereafter. All payments will be made
without demand at 304 NW 2nd Street, Okeechobee, Florida 3497.2.
The parties agree:
I. Rehab Agrees:
i A. To acquire suitable collection sites for container place-
ment and to
1. Written Permission
Obtain written permission from site owners for the
use of the property for the purposes which Rehab
intends. Copies of said agreements shall be kept
on file by Rehab during the course of the project
and the County allowed full and reasonable access
to the agreements.
2. Development of Sites.
Prepare, develop and be responsible for costs of
development of all drop-off sites into an operat-
ionally safe and acceptable condition for the
purposes of this project.
No containers shall be placed at a site unless and
until it has been prepared for such use by Rehab.
3. Physical Access.
Ensure access to all sites used in this proposed
project shall meet all County codes and ordinances
for same. Rehab shall allow no site to be usol
2
which does not meet these requirements. The
County shall have unrestricted access to sites
to inspect for the above conditions.
4. To notify the County of delivery of the containers,
the condition of the goods received, and the
completeness of the order.
5. To remain responsible for the initial and future
placement of containers at sites. As well, at the
end of the project, Rehab shall be obligated to
provide return transport of the remaining containers
to the County to some local point of storage of use.
6. To be responsible for any and all incidents arising
from the use of the containers to be provided by the
County. This shall include incidents which may
involve containers which are improperly placed on or
adjacent to a site acquired for the purposes of this
agreement as well as those which may not be placed
on sites.
7. To conduct an annual inventory and report to the
County the following:
a. Containers in service.
b. Containers being repaired.
x
` c. Damaged units being cannib0.tized as parts.
d. Missing, lost or stolen containers.
B. Site Maintenance
1. To ensure that all sites are properly maintained.
2. To remove from all sites any and all materials
improperly placed there and dispose of these
legally.
3. To cull substances and unacceptable waste materials
improperly deposited and illegally placed in
containers and to salvage recycling materials which
are properly placed, wherever possible.
4. When improperly placed materials contaminate
materials to be recycled, to dispose of such
contaminated materials legally and appropriately
in accordance with the nature of the contaminant.
C. Records and Reports
1. Federal and State Regulations
a. To keep all records for a period of five (5)
years sufficient to permit an audit in accord-
ance with generally accepted governmental
accounting standards.
b. To submit semi annual and annual reports of
weights of all materials and individual
materials collected as follows:
i. July-December report of weights of all
materials and specific materials collected
shall be submitted by January 15th.
ii. January 1-December 31, Annual Report of
total weights of all materials collecteE
as well as weights of individual materials
collected shall be submitted by January 15th.
iii. January 1 to June 30th weights report shall
be submitted by July 15th.
2. Reports of Drop Site Incidents.`
a. To provide the County a report of all drop site
! incidents such as accidents, injuries, theft,
scavenging and/or illegal dumping.
b. Totinclude the following information on incident
reports:
i. Dates and times of incident.
ii. Names, addresses and appropriate personnel
information of the person(s) involved in
the incident.
iii. The name, address and phone of the person
reporting the incident and the date of the
report.
iv. A description of the incident and the action
taken by Rehab.
c. To notify the appropriate law enforcement agency
of all illegal and/or criminal activity occuring
at drop off sites.
4
3. Access
To allow public access to all documents and
materials in accordance with the provisions -
in Chapter 119, applicable to this agreement,
Florida Statutes. Should the Rehab assert any
exemptions to the requirements of Chapter 119
and related Statutes, the burden of
establishing such exemptions, by way of
injunctive or other relief as provided by law,
shall be upon Rehab. The BOCC reserves the
right to handle unilateral cancel this
agreement for refusal by the Rehab to allow public
access to all documents, papers, letters or other
materials subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the Rehab
in conjunction with this Agreement.
D. In%demni f ication
1. That Rehab undertakes to indemnify County from any
and all liability, loss or damage County may suffer
as a result of cliams, demands, costs or judgments
against him arising from the operation and activities
of Rehab..
2. That Rehab shall indemnify County against all
liability or loss, and against all claims or actions
based upon or rising out of damage or injury (includ-
ing death) to persons or property caused by or
sustained in connection with the operations and
contracts of the Rehab, or by conditions created
thereby, or based upon any violation of any statute
ordinance, building code or regulation, and the
defense of any such claims or actions. Rehab shall
also indemnify County against all liability and loss
in connection with, and shall assume full respon-
sibility for all Federal, State, and local taxes
or contributions imposed or acquirel under employ-
ment insurance, social security and income tax laws
with respect to Rehab, or their employees engagel in
performance of their duties in connection with this
Agreement.
3. That in the event that any claim in writing is
asserted by a third party which may entitle County to
indemnification, County shall give notice thereof to
the Rehab which notice shall be accompanied by a copy
of statement of the claim. Following the notice,
County shall have the right, but not the obligation,
to participate at its sole expense, in the defense,
5
compromise or settlement of such claim with counsel
of their choice.. If the Rehab shall fail timely to
defend, contest or otherwise protect against any suit
action or other proceeding arising from such claim, -
County shall have the right to defend, contest or
otherwise protect it self against same and be reim-
bursed for expenses and reasonable attorney's fees
and, upon not less than ten (10) days notice to
Rehab, to make any reasonable compromise or settle-
ment thereof. In connection with any claim as afore-
said, the parties hereto shall cooperate fully with
each other and make available all pertinent infor-
mation necessary or advisable for the defense,
compromise or settlement of such claim.
E. Insurance
1. To provide adequate insurance coverage on a com-
prehensive basis and to hold such liability insur-
ance at all times during the existence of this
contract. Rehab accepts full responsibility for
identifying and determining the type(s) and extent
of liability insurance necessary to provide reason-
able financial protection, for Rehab under this
contract. Upon the execution of this contract,
Rehab shall furnish the County written verification
supporting both the determination and existence of
such insurance coverage. Such coverage may be
t provided by a self-insurance program.
F. Assignments and Subcontracts
1. To neither assign the responsibility of this
contract to another party nor subcontract for any
of the work contemplated under this contract with-
out prior written approval of the County. No such
approval by the County of any assignment or sub-
contract shall be deemed in any event or in any
manner to provide for the incurrence of any obliga-
tion of the County in addition to the total dollar
amount agreed upon in this contract. All such
assignments or subcontracts shall be subject to the
conditions of this contract.
G. Non-Discrimination
1. To comply with the following:
a. Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000d et seq., which prohibits
discrimination on the basis of race, color, or
national origin in programs and activities
receiving or benefiting from federal financial
assistance.
b. Section 504 of the. Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794, which prohibits discrim-
ination on the basis of handicap in programs and
activities receiving or benefiting from federal
financial assistance.
• • Y!NMH•Y1~rp•^
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c. Title IX of the Education Amendments of 1972,
as amended, 20 U.S.C. 1681 et seq., which _
prohibits discrimination on the basis of sex in
education programs and activities receiving
or benefiting from federal financial assistance.
d. The Age Discrimination Act of 1975, as amended,
42 U.S.C. 6101 et seq., which prohibits
discrimination on the basis of age in programs
or activities receiving or benefiting from
federal financial assistance.
e. The Omnibus Budget Reconcilitation Act of 1981,
P.L. 97-35, which prohibits discrimination on the
basis of sex and religion in programs and
activities receiving or benefiting from federal
financial assistance.
H. Fiscal Responsibility
1. To assume all fiscal, organizational and operational
duties associated with the program.
2. To repair damaged containers and replace containers
damaged beyond repair.
3. To be responsible for remaining capital value, if
f any, of containers not returned to the County.
I. Publicity
1. Site Signs
a. To place signs on each container which identify
the materials to be collected.
b. To place signs at each site that state project
is part of a cooperative agreement between the
BOCC and Rehab.
II. The BOCC agrees
A. To order containers and include delivery to Okeechobee
Rehabilitation Facility in such order.
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III. The BOCC and Rehab mutually agree.
A. Effective Date.
1. This lease shall begin on November 1, 1991
or on the date the contract is signed, whichever
is earlier.
2. This lease will end on OCTOBER 31, 2001 A.D.
B. Termination
1. Termination At Will
This lease may be terminated by either party upon
no less than one-hundred eighty (180) calendar days
notice, without cause, unless a lesser time is
mutually agreed upon by both parties. Said notice
shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
2. Termination for Breach
Unless breach is waived by t)Te BOCC in writing, the
BOCC may, by written notice to ORF, terminate this
lease upon no less than twenty-four (24) hours notice.
Said notice shall be delivered by certified mail,
c return receipt requested, or in person with proof
of delivery. If applicable, the BOCC may employ
the default provisions in Chapter 13A-1, Florida
Administrative Code. Waiver of breach of any
provisions of this lease shall not be deemed to be
a waiver of any other breach and shall not be
construed to be a mcdification of the terms of this
lease. ThE! provisions herein do not limit the
BOCC's rights to remedies at law or to damages.
C. Notice and Contract
1. The contract manager for the BOCC for this lease
is: The County Administrator.
2. The Rehab representative responsible for the
administration of the lease is the Executive
Director.
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• D. Renegotiation or MOdification: _
1. Modifications of provisions of this lease shall
only be. valid when they have been reduced to writing
and duly signed. The! parties agree to renegotiate
this lease if federal and/or state revisions of any
applicable laws, or regulations make changes in this
lease necessary.
E. All Terms and Conditions Included
This lease contains the terms and conditions agreed upon
by the parties.
IN WITNESS THEREOF, the parties hereto have caused this 8 page
lease to be cxecuted by their undersigned officials as duly
authorized.
LESSEE: LESSOR:
OKEECHCBEE REHAB ;;TIDN FACIL ITY OKEECKCBEE COUNTY BOARD OF
COUNTY -CCMMIS ONERS
SIGNEE B SIGNED BY
NAME: FRANK C. GRILL NAME.: Charles W. Harvey
TITLE: EXECUTIVE DIRECTOR TITLE: Chairman, BOCC
DATE: DATE: 12/18/91
Reviewed For 1,~i
!~i 1 5 91
e~aeea~aer oouKnr xno~,r