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1998-70
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AGREEMENT
This is an Agreement by and between the SCHOOL BOARD OF LAKE
COUNTY, a political subdivision of the State of Florida (hereinafter referred to as
LESSOR), 201 West Burleigh Boulevard, Tavares, Florida 32778, and the CITY OF
CLERMONT, a Florida municipal corporation (hereinafter referred to as LESSEE),
P.O. Box 120219, Clermont, Florida 34712-0219.
NOW THEREFORE, in consideration of their mutual promises and covenants
made herein, and for other good and valuable consideration, LESSOR leases the real
property described herein to the LESSEE, and the parties hereby agree as follows:
1. Lease. LESSOR leases to LESSEE the real property described in Exhibit
"A" attached hereto.
2. Term. The lease term is for a maximum of twenty-five (25) years
commencing July 1, 1998, and terminating June 30, 2023. For every five
thousand dollars ($5,000,00) of capital investment made by the LESSEE on
the real property, a one-year lease is provided by the LESSOR up to the
maximum of twenty-five (25) years.
3. Termination. A minimum one year notice shall be provided by the
LESSOR to the LESSEE prior to termination of the lease, unless otherwise
mutually agreed upon by the parties. Should the LESSOR terminate the
lease prior to the lease term'oftwenty-five (25) years, the LESSOR will
mitigate any capital losses of the LESSEE, up to the maximum amount of
five thousand dollars ($5,000.00) per year for each remaining year of the
lease term.
4. Use. LESSEE shall utilize the leased premises exclusively as a municipal
park for recreational purposes. No other use may be made of the premises
without the consent of the LESSOR. LESSEE shall not permit any unlawful
use of the leased premises, nor shall any use be made thereof which would
constitute a nuisance to the community or to surrounding property owners.
5. Structures. LESSEE may erect any structures, equipment, etc. on the
leased premises, in the furtherance of the purpose of its use as a municipal
recreational park. No permanent building shall be constructed on the
premises without the written consent of the LESSOR.
6. Lease Payment. LESSEE shall pay to LESSEE the sum of one dollar
($1.00) each year, payable in advance of the next lease year.
7. Liability Insurance. LESSEE shall maintain liability insurance on the
leased premises under its blanket municipal liability insurance coverage.
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8. Indemnification. LESSEE agrees to indemnify and hold harmless the
LESSOR for any loss or damage occasioned by any negligent act or
omission of LESSEE, together with any court costs and reasonable attorney's
fees incurred by LESSOR in the defense of any claim to which the
indemnification provisions of this paragraph would apply.
9. Renewal. The parties hereto may renew this lease upon terms and
conditions mutually agreed upon, provided, however, that no renewal of this
lease shall occur automatically, and to effectuate renewal of this lease, the
parties shall enter into a separate, written agreement memorializing the
renewal.
10. Material Breach If LESSEE materially breaches any term, condition or
covenant of this lease, LESSOR may re-enter the leased premises and take
possession thereof, and terminate this lease. If LESSEE refuses to turn over
possession of the premises to LESSOR, then LESSOR may file an action for
eviction to recover possession and in any such action shall be entitled to
recover its reasonable court costs and attorney's fees.
IN WITNESS WHEREOF, the parties have signed this agreement.
Dated this / {J Cfrv day of ~~ , 1998.
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Witness
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Witness
SCHOO~LAKÉCOUNTY
NAME: '
Randall E. Wiseman, Board Chairman
NAME: /t i.-i-YL,
R. Jerry Smith, Superin endent
Dated this
day of AvJ(J<' f
, 1998.
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Witness \
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Robert A. Pool, Mayor
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STATE OF FLORIDA
COUNTY OF LAKE
T e foregoing Agreement was acknowledged before me this2?:::b(
day of , 1998, by ROBERT A. POOL, as Mayor, of the CITY
OF CLER NT, a Florida municipal corporation, on behalf of said
corporation, who is personally known to me.
Q/l/1/1/1 £~~~
. o:A\9 N S. WHITLOCK
Notary PublIc:t; ~ cm"'~~I!:"lr t r:C556092
% i3 ~^¡-,nes ~Ul 7,2000
'~O P\.~ BONOEOTHRU
f ATLANTIC SaNDING co., INC.
STATE OF FLORIDA
COUNTY OF LAKE
Th foregoing Agreement was acknowledged before me this ~
day of , 1998, by RANDALL E. WISEMAN, Board
Chairman f SCHOOL BOARD OF LAKE COUNTY on behalf of said
school board, who is personally known to me.
Official Seal ~'-"""
MARJORIE F. LaROE ~\
Notary Public, SMa of clorlda <;\
My comm. expires September 7, 2001 :
Coml'1 No CC678292 .'
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No Public
STATE OF FLORIDA
COUNTY OF LAKE
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The regoing Agreement was acknowledged before me this ~
day of r, 1998, by R. Jerry Smith, Superintendent, of
SCHOOL B ~RD OF LAKE COUNTY on behalf of said school board, who
is personally known to me.
OIIIC;"; Seal .,-_.......
MARJORIÉ F. LaROE 'Q\
Notary ï'lIb:IC, Staid cf clarida \
My comm e~p¡ras Sapt:rr'b€r 7. 2001 f);'
Co,-.fT¡ t~a C(,b:~'~.~ .'
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1, BLOCK S, CITY OF CLERMONT, ACCORDING TO THE MAP OF
THE TOWNSITE OF CLERMONT, RECORDED IN PLAT BOOK 3, PAGE 5,
-. - PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
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~COUNTV
~ SCHOOLS
.intendent:
Dr. R. Jerry Smith
School Board Members.
District 1
Randall E. Wiseman
District 2
Mary H. Fletcher
District 3
Tom Chapman
District 4
Jimmy Conner
District 5
Kyleen Fischer
Leading Our Children To Success
201 West Burleigh Boulevard. Tavares. FL 32778-2496
(352) 343-3531. Suncom 660-1011. Fax: (352) 343-0198
August 11, 1998
Wayne Saunders, City Manager
City of Clermont
P. O. Box 120219
Clermont, FL 34712-0219
RE:
lease Agreement for Portion of Elementary School Site
Dear Wayne:
Enclosed please find the original signed Lease Agreement between the City of
Clermont and the Lake County School Board to lease a portion of the elementary school site
not currently in use which was signed at the Regular School Board Meeting August 10, 1998.
Please complete the required signatures, make a copy for your files, and return the
original to Marjorie F. LaRoe, Executive Secretary to the Superintendent/Clerk to the Board.
Thank you for your assistance and hard work on this project which promises to provide
an exciting new resource for the community in the McKinney Recreation Area.
Sincerely,
Enclosure
"Equal Opportunity in Education and Employment"