2014-112 LEASE
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THIS LEASE made and entered into this O� 0 day of a257--44/./K 2013,
by and between the CITY OF CLERMONT, a Florida municipal corporation whose address is 685
W Montrose Street, Clermont, FL 34711, hereinafter "Landlord" and CLERMONT GARDEN
CLUB, 1NC a Flonda Non-Profit Corporation, whose address is 849 West Ave Clermont, FL ,
34711, hereinafter"Tenant"
WITNESSETH THAT:
Upon the terms and conditions hereinafter stated, and in consideration of the payment
hereinafter stipulated and the performance by the Tenant of the covenants herein contained, the
Landlord does hereby lease, let and demise unto the Tenant, and the Tenant does hereby rent, lease
and hire from the Landlord, upon the terms and conditions hereinafter stated, the Premises, as
descnbed below. This Lease Agreement shall replace in its entirety that certain lease agreement
between the parties dated March 22, 1977.
1. Premises
The Premises that shall be the subject matter of this lease agreement and to which Tenant
shall be entitled to occupy in accordance with the terms hereof, shall be that certain grounds and
structure located at 849 West Avenue,Clermont,Honda.
2. Term of Lease
This Lease shall be effective as of the last date of execution by the parties below The term
of this Lease shall continue as set forth in the 1977 agreement and shall end on March 31, 2027
The Lease term may, at Tenant's option, be renewed under the same terms and conditions of this
Lease for a period of Ten(10)years As a condition precedent to Tenant's renewal nght hereunder,
Landlord's agreement with Lake County for the use of the Premises shall still be in effect and
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Tenant shall give written notice to Landlord of its intention to renew no more then six (6) months
nor less than three (3)months before the expiration of the initial term hereunder
3. Use and Care of Leased Premises
A Tenant recognizes and agrees that the Premises have and will continue to be
occupied by Tenant and Tenant accepts the Premises in the condition as is as of the effective date of
this Lease Tenant shall be responsible for all costs associated with the maintenance and upkeep of
the interior and extenor of structure located on the Premises, including all the grounds and
landscaping
B. Tenant shall not install or place any permanent signage, of any kind on the Premises
without Landlord prior wntten approval and all temporary signage shall conform with City Code
C The above-described Premises shall be used by the Tenant for Clermont Garden
Club functions and purposes only, except as may be authonzed pursuant to Paragraph 6 below All
uses shall be in accordance with all applicable laws,ordinances and regulations.
D. The Tenant shall use and occupy the Premises in a careful, safe and proper manner
and shall keep the Premises in a clean, sanitary and safe condition. The Tenant shall not use, or
allow the Premises to be used for any purpose other than Permitted Uses and shall not use,or permit
the Premises to be used for any unlawful, disreputable or immoral purpose or in any way that will
injure the reputation of the Premises or Landlord.
4. Peaceful Occupancy by Tenant
If Tenant shall fully observe and perform all of the covenants and conditions of this Lease
on its part to be performed,the Landlord hereby covenants and agrees that the Tenant shall have the
peaceful possession and quiet enjoyment of the Premises during the term hereof without any
manner of interference or hindrance from the Landlord or any person or persons, lawfully claiming
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by, through or under the Landlord.
5. Lease Consideration
The parties covenant and agree that in consideration and as annual rent for this Lease,
Tenant shall,pay to Landlord the sum of ONE (1)DOLLAR, which shall be paid on April 1 of each
year hereunder to the Landlord at Clermont City Hall.
6. Rental of Premises
The parties covenant and agree that Tenant shall be permitted to sublease, rent or license the
Premises on a temporary limited basis to third parties for functions and events. In accordance with
the following terms and conditions:
A. Tenant shall ensure that during all times that a third party event is permitted to
utilize the premise, that an authonzed representative of Tenant shall be available for immediate
contact.. The authorized representative shall have the authority and obligation to terminate any use
of the facility that violates the conditions contained herein,or which creates a public nuisance.
B. Tenant shall ensure that no event permitted pursuant to this section or otherwise
occurring on the premises shall be allowed to occur anywhere upon the Premises after 11:00 p.m.
C. Tenant shall ensure that no music is played or amplified so as to be audible outside
of the structure after 11:00 p.m.
D. Tenant shall not permit any guests or visitors on the Premises to park any vehicle,
except as in accordance with Clermont parking regulations.
E. Tenant shall maintain for at least a penod of two (2) years from the date of any
booking or scheduled detailed records of the event, including the user's name and address, the
length of the use and the general purpose of the event. Tenant shall, upon Landlord's request,
provide to Landlord for review and inspection, copies of all records related to events booked or
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scheduled by Tenant.
7. Utilities and Other Charges
Tenant agrees to pay for all insurance, electric, telephone, internet, cable television, and
water and sewer charges and cleaning and jamtonal services associated with the use of the
Premises.
8. Repairs
A Tenant shall keep and maintain the Premises in good condition and repair,
reasonable wear and tear excepted
B. The Tenant shall act promptly in making all reasonable repairs and shall have a
reasonable time to complete the same unless Tenant is prevented from doing so by reason of strikes,
governmental regulation, inability to obtain materials or other causes beyond the reasonable control
of the Tenant
C. In the event the Tenant does not make the repairs to the Premises required of it
hereunder, the Landlord, after thirty(30) days wntten notice to the Tenant, may proceed with such
repairs and in such event the Tenant covenants and agrees to reimburse promptly the Landlord for
the cost of such repair, plus ten percent (10%) of such costs for supervision In such event, if
payment of the amounts due the Landlord for paying the performing party is not made by the
Tenant within thirty (30) days after presentation of statements therefore, such amounts shall earn
interest at the maximum rate allowable by law and shall constitute a default of the terms and
conditions of this agreement
9. Insurance-Provided by Tenant
The Tenant covenants and agrees to provide and maintain, at all times during the term of
this Lease policies of insurance insuring the Tenant and the Landlord against any and all claims,
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demands, actions and causes of action whatsoever for injunes received and damage to property in
connection with the use, occupation, management and control of the Premises and the
improvements thereon. Such policies of insurance shall insure the Landlord and the Tenant in an
amount not less than ONE MILLION DOLLARS($1,000,000.00)to cover claims of any one person
from any single or specific cause and in an amount not less than ONE MILLION DOLLARS
($1,000,000 00) to cover,-in connection with any one particular accident or occurrence, the total
aggregate of claims that may arise or to be claimed to have arisen against the Landlord or the
Tenant, as aforesaid Nothing herein shall be construed as a waiver, either in whole or in part of
Landlord's right of sovereign immunity as provided by Section 768.28, Florida Statutes, or its
successor
10. Construction Liens
Any consent Landlord may give to Tenant to allow Tenant to construct improvements on
the Premises mcluding any alterations or additions thereto shall not be deemed improvements as
may be required by an agreement between Landlord and Tenant, within the meaning of the Flonda
Construction Lien Law All contractors, subcontractors, mechanics, laborers, materialmen and
others who perform any work, labor or services, or furmsh any material or otherwise participate m
the construction of improvements on the Premises, are hereby given notice that the Tenant is not
authonzed to subject Landlord's interest in the Premises to any claim of contractors, sub contractors
laborers, materialmen's liens, or other liens, and all persons dealing directly or indirectly with the
Tenant may not look to the interest of the Landlord in the Premises as security for payment of such
labor, services or matenals.
If any Construction or other liens shall be filed against the Premises, or any improvement
thereon by reason of or arising out of any labor or materials furnished or alleged to have been
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furnished or to be furmshed to or for the Tenant or at or on the Premises, at the Tenant's request or
direction or by reason of any changes, alterations or additions to the Premises, then, except for
inchoate liens,the Tenant shall,within thirty(30)days after receipt of wntten notice from Landlord,
either pay such lien or cause the same to be bonded off the Premises in the manner provided by law.
The Tenant shall also defend on behalf of the Landlord, at the Tenant's sole cost and expense,
including but not limited to reasonable attorney fees, any action, suit or proceeding which may be
brought for the enforcement of such liens and the Tenant shall pay any damage and discharge any
judgment entered thereon
11. Entry Upon the Premises
The Tenant covenants and agrees that the Landlord, its representatives, successors and
assigns, shall have free access to the Premises at all reasonable times dunng normal business
hours,upon reasonable pnor notice, for the purpose of inspecting the same and for the purpose of
making any alterations or repairs to the Premises that the Landlord may deem necessary for the
safety or preservation of the Premises, provided, however, that such alterations or repairs have not
been made by Tenant after written notice to Tenant of the necessity therefore in the time period
specified by Landlord
12. Hold Harmless
A The Tenant covenants and agrees that the Tenant will mdemnify and save harmless
the Landlord from and against any and all liability, liens, claims,demands, damages,expenses, fees,
fines, penalties, suits, proceedings, actions and causes of action of any kind, whether actual or
alleged, arising from or related to, the use, occupation, management or control by Tenant of the
Premises and the improvements thereon, or which may be the result of any actual or alleged breach,
violation or nonperformance of any covenant, condition or agreement herein contained on the part
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of the Tenant except for claims based on the willful or negligent acts or inactions of Landlord. The
Tenant covenants and agrees that the Tenant will, at the Tenant's expense, defend any and all such
actions, suits or proceedings which may be brought against the Landlord or in which the Landlord
may be impleaded with others in any such action or proceedings, at all levels, including appeal, to
which the Landlord may be a party.
B In the Event the Tenant fails to perform under the provisions of A above, within
thirty(30)days after due notice, the Landlord may at its option, take whatever reasonable action the
Landlord reasonably deems necessary to cure the Tenant's failure to perform, and the Tenant agrees
to pay the Landlord as additional rent hereunder for all damages, costs, fees, expenses,judgments,
charges and reasonable attorneys' fees incurred by the Landlord in exercising it nghts under this
Lease
13. Destruction of Premises
A. The Landlord and the Tenant covenant and agree that in the event the Premises shall
be wholly or partially damaged by fire, windstorm, tornado, flood or by similar causes to such an
extent that the Premises shall be rendered wholly untenable, then Tenant may elect, within thirty
(30) days after such damage, to terminate this Lease by giving the Landlord written notice of
termination. If Tenant should so elect, if requested by Landlord, Tenant agrees to restore the
premises to its condition immediately prior to the effective date of this Lease. If the Premises shall
suffer damage but not rendered wholly untenable by any such casualty, or in the event the Premises
are rendered wholly untenable and the option to terminate is not exercised, the Tenant covenants
and agrees to proceed promptly without expense to the Landlord to repair the damage It is
understood and agreed that the Tenant shall have a reasonable time within which to rebuild or make
any repairs, and such rebuilding and repainng shall be subject to delays caused by storms, shortages
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of labor and materials, government regulations, strikes, walkouts and causes beyond the control of
the Tenant, which causes shall not be construed as limited factors, but as exemplary only Tenant's
Insurance proceeds shall be used,to the extent available,to effect such repairs
14. Removal of Personal Property by Tenant
A Except as hereinabove otherwise provided, all of the furniture, furnishings, trade
fixtures, and other personal property or equipment used on the Premises by the Tenant and paid for
by it shall remain the property of the Tenant and may be removed by the Tenant upon the expiration
of the term, or termination, of this Lease, subject, however, to the limitations that (1) any such
improvements, furniture, furnishings, trade fixtures, and equipment as are affixed to the Premises
and require severance may be removed only if the Tenant shall repair any damage caused by such
removal, and (2) the Tenant shall have fully performed all of the covenants and agreements to be
performed by it under the provisions of this lease
B. The Landlord, following the termination, abandonment, surrender or release of this
Lease, shall have the nght to take possession of any goods, equipment, inventories, fixtures or other
personal property of the Tenant which may be left upon the Premises, and may dispose of said
property at a time and place designated by the Landlord's sole opinion, and upon notice of such
disposition to any necessary parties. Any proceeds from such sale, lease or other disposition of the
said property may be applied to
1 Any costs incurred by the Landlord in retaking, holding, selling or otherwise
disposing of the said property of the Tenant,
2 Any monies, which may be owing and unpaid under the provisions of this
Lease Agreement,
15. Default
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The following events shall constitute defaults hereunder by the Tenant.
A. Monetary Default Failure to pay any charges required under the provisions of
this Lease promptly when due,
B Non-Monetary Default Failure to fully and promptly perform and comply
with each and every term, provision, covenant and condition of this Lease except for a Monetary
Default as defined above
C. An Event of Default shall have occurred in the event of a Monetary Default by
Tenant and the continuance of such default for a penod of three (3) days after written notice
thereof, or in the event of a Non-Monetary Default and the continuation of such Non-Monetary
Default for a penod of thirty (30) days after wntten notice thereof, the Landlord may, at the
Landlord's option and sole discretion, and in addition to any other remedy or right given hereunder
or by law, without further demand or notice terminate this Lease on the date specified in said notice
and retake possession of the Premises, including all improvements thereon. The remedies set forth
herein shall not preclude the Landlord from enforcing any other remedy or nght provided to the
Landlord hereunder or by law In all events, the Tenant shall remain liable for the payment of any
and all reasonable attorneys' fees and costs incurred by Landlord in enforcing any remedy set forth
herein or provided by law or otherwise.
16. Force Majeure
Whenever any non-monetary performance is required of Tenant hereunder,then Tenant will
be permitted to effect such performance within the time penod provided therefore in this lease, or
if, for reasons beyond Tenant's reasonable control (including, without limitation, acts of God,
natural disaster, labor unrest, war, declared or undeclared, the existence of injunctions or
requirements for obtaining licenses, permits or other compliance with applicable laws, rules and
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regulations), such performance is not reasonably possible within such time penods, then the time
for such performance shall be extended until removal of such reasons beyond Tenant's reasonable
control, provided that Tenant commences such performance (or cure) as soon as reasonably
possible and diligently pursues such performance or cure
17. Bankruptcy of Tenant
To the extent now or hereinafter permitted by applicable law the filing by,or against Tenant
of a petition in bankruptcy or other similar proceedings under law for relief of debtors, or the
involuntary appointment of a receiver, custodian, liquidator, or trustee in bankruptcy of the
Premises and improvements thereon and such petition or petitions is not discharged or vacated
within one hundred twenty (120) calendar days after the filing thereof, or if Tenant becomes
insolvent or unable to pay its debts as they mature or makes an assignment for the benefit of
creditors or request or consents to the appointment of a receiver, custodian, liquidator or trustee in
bankruptcy of any such party's property or files a petition in bankruptcy or other similar proceedings
under law for relief of debtors, then upon the occurrence of any of the above events, Landlord may,
at its option, declare Tenant in default hereunder and immediately give Tenant written notice of its
intention to terminate this Lease
18. Cumulative Rights/Waiver of Covenants by Landlord
The rights of the Landlord under this Lease shall be cumulative and nonexclusive as to those
provided by statute No consent or waiver by the Landlord to or of any breach of any covenant,
condition or duty of the Tenant shall be construed as a consent to or waiver of any other breach of
the same or any other covenant, condition or duty of the Tenant. No such consent or waiver shall
be valid unless in wntmg, signed by the Landlord, and no such consent or waiver shall be implied
by the failure of the Landlord to declare a forfeiture or for any other reason
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19. Subletting of Premises by Tenant
Except as may be permitted m Paragraph 6, Tenant may not assign, transfer, mortgage,
pledge, hypothecate or encumber this Lease, or an interest therein, nor sublet the Premises or any
part thereof, nor permit the use of the Premises by any person other than the Tenant and its
employees, without the prior wntten consent of the Landlord Consent to one assignment or
sublease shall not eliminate or waive this provision, and all other assignments and subleases shall
likewise be made only upon the prior written consent of the Landlord pursuant to the provisions of
this Paragraph
20. Surrender of Premises Upon Termination
The Tenant covenants and agrees that upon the termination of this Lease, whether by lapse
of time or otherwise, it will, at once, peaceably and quietly, vacate, surrender and deliver up to the
Landlord, all of the Premises in as good condition and repair as upon delivery of possession to the
Tenant, ordinary wear and tear and damage by fire or other casualty only excepted
21. Time
It is covenanted and agreed between the parties hereto that time is of the essence in this
Lease and this provision shall apply to all terms and conditions contained herein
22. Mutual Covenants
Except as herembefore or otherwise specifically provided, the covenants, agreements,
conditions,obligations and provisions herein contained shall extend to,bind and inure to the benefit
of the parties hereto and their respective personal representatives, heirs, successors and assigns, and
wherever either the word "Landlord" or "Tenant" is used in this Lease, it shall be deemed to mean
"Landlords" or "Tenants", respectively, wherever the context permits or requires, and when the
singular and/or neuter pronouns are used herein, the same shall be construed as including all
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persons and corporations designated respectively as Landlord or Tenant in the heading of this
instrument wherever the context requires
23. Attorneys' Fees
Landlord and Tenant each agree to pay to the prevailing party, on demand, all costs and
expenses and reasonable attorneys' fees, including costs and expenses and reasonable attorneys'
fees, at all levels, including bankruptcy and appeal, incurred by the prevailing party with respect to
the enforcement or declaration of any of the nghts or remedies or obligations of either of them,
whether arising under this Lease or granted, permitted or imposed by law or otherwise, and with
respect to the collection of any part of said rent or other charges and sums of money herein reserved
or required by either of them to be paid or met
24. No Partnership
Landlord does not, in any way or for any purpose, become a partner of Tenant in the
conduct of Tenant's business or otherwise, or a joint venturer, or member of a joint enterprise with
Tenant
25. Liability of Landlord
Landlord shall not be responsible in any manner for any loss of or damage to the
Premises, or injury to persons resulting, occumng on or about the Premises, by reason of any
future condition, defect, matter, thing, action or inaction, or for the acts, omissions or negligence
of other persons or Tenant in or about said premises, unless said injury or loss results from the
direct negligence of Landlord Nothing herein shall be construed as a waiver, either in whole or
in part of Landlord's right of sovereign immunity as provided by Section 768.28, Florida
Statutes, or its successor
26. Dispute Mediation
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Any dispute arising out of this Agreement, the construction, interpretation or
performance thereof, shall be submitted to non-binding mediation by a duly qualified and
certified mediator practicing in Lake County, Florida, and no action at law or in equity shall be
filed in any state or federal court by either party hereto against the other until such time as the
mediator has declared an impasse.
27. Miscellaneous
A No Discrimination Tenant agrees that in carrying out its obligations under this
Agreement it will not discriminate in any manner on the basis of race or religion
B. Tenant Conduct. Tenant personnel shall conduct their actions and business
in accordance with all applicable laws, regulations and policies
C. Written Notice Wntten notice shall be given to the Parties at the following
addresses or such other place or other person, as each Party shall designate by similar notice
As to Tenant:
Clermont Garden Club, Inc
P 0 Box 121322
Clermont,Flonda 34712-1322
Attention: President
As to the Landlord:
City of Clermont
685 W Montrose Street
Clermont,Florida 34711
Attention: City Manager
E Governing Law This Agreement shall be governed by the laws of the State
of Flonda Venue for any action hereunder shall be in Lake County,Florida
F Entire Agreement Severability This Agreement constitutes the entire
agreement between the Parties with respect to the subject matter contained herein and may not
be amended, modified or rescinded, unless otherwise provided in this Agreement, except in
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writing and signed by all parties hereto. Should any provision of this Agreement be declared to
be invalid by any act of law or court or administrative determination,the remaining provisions of
this Agreement shall remain in full force and effect unless such provision which is found to be
invalid substantially alters the benefits of the Agreement for either Party
G. Specific Performance.It is understood and agreed between the Parties that there
will be irreparable damage in the event that this Agreement is not specifically enforced In the
event any dispute anses under this Agreement, either party hereto shall be entitled to specific
performance of the terms, conditions and agreements set forth in this Agreement The remedy of
Specific Performance shall be cumulative and not exclusive, and shall be in addition to any other
remedy, which the Parties may have
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized officers, and copies delivered to each Party, as of the day and year first
above stated
'Attest / City of Clermo
By �.�/_ /� B i
-; \Tracy Ackroyr. City Clerk Haro d S T i e, Jr.,Mayor• (�
Date , l j o� c� a49/647.�4
Approved by Action of the Board of Clermont
Garden Club, Inc on q-`1—I
2014
By:
Wit,_I'm: Karen Kennen,President
m17,-->_c_4--a,„--.P-erk
nted Name Date )/- 7)1
Witness
Pnnted Name
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