1977-05
.
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into this d...;L~y of ~~-' ,
A.D., 1977, in duplicate, by and between the CITY OF CLERMONT, a municipal corporation,
party of the first part, hereinafter referred to as the Lessor, and the CLERMONT
GARDEN CLUB, party of the second part, hereinafter referred to as Lessee.
WITNESSETH:
That the Lessor, for and in consideration of the covenants and agreements
hereinafter mentioned to be kept and performed by the Lessee, has demised and leased
to the Lessee, for the term and under the conditions hereinafter set out, those
certain premises in Lake County, Florida, described in Appendix "A".
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES
HERETO:
I. TERM
TO HAVE AND TO HOLD the premises described in Appendix "A" for a term
of 50 years, commencing on the 1st day of April, A.D., 1977, and ending on the
31st day of March, A.D., 2027.
II. OPTION TO RENEW
Lessee is herewith given the option to renew the term of this Lease
for an additional period of ten (10) years commencing upon the expiration of the
original term under the same terms and conditions as are set forth herein for the
original term hereof, by giving Lessor written notice thereof not more than six
(6) months nor less than three (3) months prior to the expiration of the term of
the Lease as set out in Article I.
I II. RENTALS
I
The Lessor hereby leases to the Lessee and the Lessee hereby leases from
the Lessor the premises described in Appendix "A" for the term set out in this
Lease and the Lessee agrees to pay to the Lessor the sum of One Dollar ($1.00)
per annum payable on the first day of April of each year. The rentals shall be
paid to the Lessor at Clermont, Lake County, Florida.
IV. MAINTENANCE AND REPAIRS
That the Lessee shall provide for all maintenance and repairs to
the premises and improvments thereto.
HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711
.
I
V. UTILITIES
That the Lessee will promptly pay all gas, water, power and electric
light rates or charges which may become payable during the term of this Lease
for the gas, water and electricity used by the Lessee on the premises.
VI. INJURY OR DAMAGE TO PROPERTY ON PREMISES
That all property of any kind that may be on the premises during
the continuance of this Lease shall be at the sole risk of the Lessee, and
except for any negligence of the Lessor, the Lessor shall not be liable to the
Lessee or any other person for any injury, loss or damage to the property or
to any person on the premises.
VII. FIRE AND OTHER HAZARDS
In the event that the demised premises, or the major part thereof, are
destroyed by fire, lightning, storm or other casualty, the Lessee shall repair
all damage at its own cost and expense.
VIII. SUBLETTING AND ASSIGNMENT
The Lessee shall not sublet any of the demised premises or assign
this Lease without the written consent of Lessor.
IX. WAIVER OF DEFAULTS
The waiver by the Lessor of any breach of this Lease by the Lessee
shall not be construed as a waiver of any subsequent breach of any duty or
covenant imposed by this Lease.
X. BREACH OF COVENANT
These presents are upon this condition, that except as provided in this
Lease, if the Lessee shall neglect or fail to perform or observe any covenant
herein contained, which on the Lessee's part is to be performed, and such default
shall continue for a period of thirty (30) days after receipt of written notice
thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately,
or at any time thereafter, and without further notice or demand, enter into and
upon the demised premises, or any part thereof, and repossess the same as of their
former estate and expel the Lessee and remove its effects forecefully, if necessary,
without being taken or deemed to be guilty of any manner of trespass and thereupon
this demise shall terminate but without prejudice to any remedy which might otherwise
by the Lessor for arrears of rent or for any breach of the Lessee's covenants
herein contained.
HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711
.
I
XI. INSURANCE
Lessee shall carry fire insurance on the demised premises in an amount
equal to the value of the building.
XII. NOTICES
All notices required to be served upon the Lessor shall be served by
registered or certified mail, return receipt requested, at the City of Clermont,
1 Westgate Plaza Drive, Clermont, Florida 32711 and all notices required to be
served upon the Lessee shall be served by registered or certified mail, return
receipt requested, at the address of the Lessee at Clermont, Florida.
XIII. LIABILITY INSURANCE
The Lessee agrees to obtain liability insurance in the amount of
$100,000.00 for personal liability and $20,000.00 for property damage to jointly
protect the Lessor and the Lessee.
XIV. HOLD HARMLESS CLAUSE
The Lessee further agrees to save harmless the Lessor, its officers,
agents and servants and each and everyone of them against and from all suits and
costs of every name and description and from all damages to which the Lessor,
or any of its officers, agents or servants may be put by reason of this Lease.
XV. DEFINITION OF TERMS
a. The terms "lease", "lease agreement" or "agreement" shall be
inclusive of each other and shall also include any renewals, extensions or
modifications of this Lease.
b. The singular shall include the plural and the plural shall include
the singular whenever the context so requires or permits.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument
for the purposes herein expressed, the day and year above written.
ATTEST:
::~ OF {Q~
C. E. 'sMOAK, JR. - MAYOR
By: O~APd 1; ~~.
DOLORES CARROLL - CITY CLERK
l/U'J /-i/c/.!fi
a0; ~ aJ
CLERMONT GARDEN CLUB
~~~
By:
HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711
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A P PEN D I X
II A"
Lots 10, 11, 12 and 13, Block 90, City
of Clermont, Lake County, Florida
.
HOVIS AND BAIRD, ATTORNEYS AT LAW. 1 WESTGATE PLAZA DRIVE. CLERMONT. FLORIDA 32711