2006-03CITY OF CLERMONT SUBLEASE AGREEMENT
• WITH LAKE-SUMTER EMS FOR PREMISES
LOCATED AT 428 CHESTNUT STREET, CLERMONT
THIS AGREEMENT, is made between the City of Clermont, a Municipal Corporation of the State
of Florida, (hereinafter referred to as the "Sub-Lessor") and LAKE-SUMTER EMS, whose address
is 2761 West US Old Highway 441 Mount Dora, Florida 32757 (hereinafter referred to as ("Sub-
Lessee").
WITNESSETH
WHEREAS, the Sub-Lessor has entered into a lease agreement with Deodat Guman dated
December 15, 2005 for the Premises located at 428 Chestnut Street, Clermont, Florida, hereinafter
referred to as the "Lease Agreement"; and
WHEREAS, Sub-Lessee desires to lease from Sub-Lessor a limited portion of the property subject
to the Lease Agreement; and
WHEREAS, the Sub-Lessor desires to make available to Sub-Lessee the premises referred to below
and is authorized to do so pursuant to Section 19 of the Lease Agreement.
NOW THEREFORE, in consideration of the covenants and agreements herein contained, the
parties agree as follows:
. 1. SUB-LEASED PREMISES: Sub-Lessor hereby leases to Sub-Lessee and Sub-Lessee
hereby leases from Sub-Lessor the office space as more particularly described in Exhibit "A"
attached hereto and incorporated herein, together with the right to park one emergency service
vehicle at the subject location, hereinafter collectively referred to as the "Leased Premises".
2. TERM OF LEASE: The term of this agreement shall begin on December 15, 2005 and
end upon termination of the Lease Agreement or as otherwise provided herein.
3. RENT. Sub-Lessee shall pay as rent to the Sub-Lessor the sum of FOUR HUNDRED
(400.00) dollars plus applicable sales tax per month during the term of this Sub-Lease Agreement.
4. PAYMENT OF RENT: Sub-Lessee shall pay the amount set forth above upon
execution of this Sub-Lease, including any and all monthly rent payments or portions thereof that
have accrued since December 15, 2005. Thereafter, Sub-Lessee shall pay the monthly rent set forth
in Section 3 on or before the 1st of each month.
INSURANCE.
(a). Sub-Lessee shall, at its sole expense, at all time during the term of this lease (including
any extension or renewal), maintain general comprehensive insurance, including but not limited to,
1
•
hazard, fire, windstorm and extended all risk coverage insurance for the protection and benefit of
Sub-Lessor and Sub-Lessee. All policies of insurance shall insure the Sub-Lessee against any and
• all claims, demands, actions and causes of action whatsoever for injuries received or damage to the
Leased Premises or any individual or personal property arising out of, or related to the use or
occupancy of the Leased Premises by Sub-Lessee. Such policies of insurance shall be in an amount
of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence in an aggregate
amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) to cover the total
aggregate of claims that may arise or to be claimed to have arisen against the Sub-Lessor or Sub-
Lessee, as aforesaid. All coverage contemplated and applicable to the Leased Premises shall
include full insurable value of all improvements located on the Leased Premises.
(b). The maintenance of insurance coverage as provided herein shall not be construed to
limit nor have the effect of limiting Sub-Lessee's liability under the provision of any clause or
paragraph contained in this Sub-Lease.
(c). This provision shall in no way be construed as a waiver of Sub-Lessee's sovereign
immunity protections provided by Florida law.
6. USE OF PREMISES. Sub-Lessee may use the Leased Premises, for normal use and
operation as related to the Sub-Lessee's provison of emergency medical services in Lake County.
Sub-Lessee covenants and acknowledges that it show use the Leased Premises in compliance with
all applicable terms and conditions of the Lease Agreement, said terms and conditions are expressly
incorporated herein and made a part hereof, as if they have been restated herein in their entirety.
• 7. SUB-LESSEE'S OBLIGATIONS.
(a) Sub-Lessee shall comply with all obligations imposed by applicable regulations of
the Fire and Police Department, and applicable provisions of building and health codes;
(b) Sub-Lessee shall return the premises in as good of a condition as when Sub-Lessee
took possession of the Leased Premises.
(c) Sub-Lessee shall not destroy, deface, damage, impair or remove any part of the
Leased Premises or property or allow any other person to do so;
(d) Sub-Lessee shall not be allowed to use any signage on the Leased Premises,
without Sub-Lessor's prior approval, other then that which is affixed to SUB-LESSEE'S vehicles
and/or equipment; and
8. REPAIRS TO PROPERTY. Sub-Lessor shall keep and maintain in good condition and
repair, the Leased Premises. Sub-Lessee shall make all necessary repairs to preserve the Leased
Premises. Sub-Lessee shall make no changes, alterations or repairs without first obtaining the
consent of the Sub-Lessor. Sub-Lessee shall pay for any and all costs of repair or replacement
required by the use of the Leased Premises by Sub-Lessee, reasonable wear and tear accepted, or
• 2
damage caused by Sub-Lessee's own negligence or the negligence of Sub-Lessee's employees,
agents or patrons.
• 9. DEFAULT. The occurrence of one or more of the following is an event of default by
Sub-Lessee:
(a) Failure of Sub-Lessee to pay rent or make any other payment required by this Sub-
Lease Agreement when due; and/or
(b) Failure of Sub-Lessee to conform and comply with any obligation imposed upon
Sub-Lessee by this Sub-Lease Agreement, other than the obligation to pay money.
In the event of default, Sub-Lessor, without the necessity of providing Sub-Lessee with an
opportunity to cure, may pursue and all legal remedies available to it at law or in equity.
10. SUB-LESSOR LIMITATION OF LIABILITY. The Sub-Lessor shall not be
responsible in any manner for any loss of or damage to Leased Premises, or injury to persons
resulting, occurring on or about the Leased Premises or by reason of any existing or future
condition, defect, matter, thing, action or inaction, or for the acts, omissions or negligence of other
persons other then that directly related to the negligence or intentional acts of the Sub-Lessor.
11. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by law and
without waiving any sovereign immunity it may enjoy, Sub-Lessee agrees to indemnify and hold
Sub-Lessor harmless from any and all claims and liability for losses of or damage to property, or
• injuries to persons occurring in or about, or related to the Sub-Lessee's use of the Leased Premises.
12. TERMINATION OF LEASE. Sub-Lessor and Sub-Lessee shall have the right upon thirty
(30) days written notice to terminate this lease, without cause. In the event that Sub-Lessor's rights
under the Lease Agreement are terminated for any reason, Sub-Lessee's rights hereunder shall be
automatically terminated as of the date of the termination of Sub-Lessor's subject rights. Upon
termination of this LEASE, either by reason of default, expiration or otherwise, Sub-Lessee agrees
to return the Leased Premises to Sub-Lessor or the owner of the premises in good condition,
reasonable wear and tear excepted, and free of all personal property and debris, including but not
limited to the return of all keys related to the Leased Premises.
13. Notices. All notices shall be in writing and sent by United States mail, certified or
registered, with return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
Sub-Lessor: City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
Attn.: City Manager
Sub-Lessee: Lake-Sumter Emergency Medical Services, Inc.
• 2761 W. Old Highway 441
Mount Dora, FL 32757
14. ASSIGNABILITY. This Sub-Lease Agreement, or the right conveyed herein, is not
assignable in any manner.
15. AMENDMENT. This Sub-Lease shall not be amended unless in writing and signed
by both Sub-Lessor and Sub-Lessee.
16. WAIVER. No waiver of any breach, failure to enforce a terms or covenant, of this
Lease by Sub-Lessor shall be considered a waiver of any other subsequent breach. The failure of
Sub-Lessor to insist upon compliance by Sub-Lessee with any obligation, or exercise any remedy,
does not waive the right to do so in the event of a continuing or subsequent breach.
17. INVALIDITY OF PROVISIONS. The invalidity or unenforceability of any provision of
this Lease will not affect the other provision and this Lease will continue in all respects as if the
Lease omitted such invalid or unenforceable provisions.
18. CHOICE OF LAW. The laws of the State of Florida will govern this Lease and the duties
and obligations stated within the Lease.
• IIV WITNESS WHEREOF, the parties hereto have signed this Agreement this ,(~ day of,
~_~;- (_- 2006.
SUB-LESSOR
CITY OF ST. CLERMONT, FLORIDA
~--~.~
Wayne a ders, City Manager
SUB-LESSEE
LAKE-SUMTER EMS
Welton G. Cadwell, Chairman
Lake-Sumter EMS Board of Directors
LJ
AP~PR~O` VED AS TO FO AND LEGALITY
• ~ ~•
Bruce an
Lake-Sumter EMS Attorney
•
CITY OF CLERMONT SUBLEASE AGREEMENT
• WITH LAKE-SUMTER EMS FOR PREMISES
LOCATED AT 428 CHESTNUT STREET, CLERMONT
THIS AGREEMENT, is made between the City of Clermont, a Municipal Corporation of the State
of Florida, (hereinafter referred to as the "Sub-Lessor") and LAKE-SUMTER EMS, whose address
is 2761 West US Old Highway 441 Mount Dora, Florida 32757 (hereinafter referred to as ("Sub-
Lessee").
WITNESSETH
WHEREAS, the Sub-Lessor has entered into a lease agreement with Deodat Guman dated
December 15, 2005 for the Premises located at 428 Chestnut Street, Clermont, Florida, hereinafter
referred to as the "Lease Agreement"; and
WHEREAS, Sub-Lessee desires to lease from Sub-Lessor a limited portion of the property subject
to the Lease Agreement; and
WHEREAS, the Sub-Lessor desires to make available to Sub-Lessee the premises referred to below
and is authorized to do so pursuant to Section 19 of the Lease Agreement.
NOW THEREFORE, in consideration of the covenants and agreements herein contained, the
parties agree as follows:
• 1. SUB-LEASED PREMISES: Sub-Lessor hereby leases to Sub-Lessee and Sub-Lessee
hereby leases from Sub-Lessor the office space as more particularly described in Exhibit "A"
attached hereto and incorporated herein, together with the right to park one emergency service
vehicle at the subject location, hereinafter collectively referred to as the "Leased Premises".
2. TERM OF LEASE: The term of this agreement shall begin on December 15, 2005 and
end upon termination of the Lease Agreement or as otherwise provided herein.
3. RENT. Sub-Lessee shall pay as rent to the Sub-Lessor the sum of FOUR HUNDRED
(400.00) dollars plus applicable sales tax per month during the term of this Sub-Lease Agreement.
4. PAYMENT OF RENT: Sub-Lessee shall pay the amount set forth above upon
execution of this Sub-Lease, including any and all monthly rent payments or portions thereof that
have accrued since December 15, 2005. Thereafter, Sub-Lessee shall pay the monthly rent set forth
in Section 3 on or before the 1st of each month.
5. INSURANCE.
(a). Sub-Lessee shall, at its sole expense, at all time during the term of this lease (including
any extension or renewal), maintain general comprehensive insurance, including but not limited to,
•
hazard, fire, windstorm and extended all risk coverage insurance for the protection and benefit of
Sub-Lessor and Sub-Lessee. All policies of insurance shall insure the Sub-Lessee against any and
• all claims, demands, actions and causes of action whatsoever for injuries received or damage to the
Leased Premises or any individual or personal property arising out of, or related to the use or
occupancy of the Leased Premises by Sub-Lessee. Such policies of insurance shall be in an amount
of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence in an aggregate
amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) to cover the total
aggregate of claims that may arise or to be claimed to have arisen against the Sub-Lessor or Sub-
Lessee, as aforesaid. All coverage contemplated and applicable to the Leased Premises shall
include full insurable value of all improvements located on the Leased Premises.
(b). The maintenance of insurance coverage as provided herein shall not be construed to
limit nor have the effect of limiting Sub-Lessee's liability under the provision of any clause or
paragraph contained in this Sub-Lease.
(c). This provision shall in no way be construed as a waiver of Sub-Lessee's sovereign
immunity protections provided by Florida law.
6. USE OF PREMISES. Sub-Lessee may use the Leased Premises, for normal use and
operation as related to the Sub-Lessee's provison of emergency medical services in Lake County.
Sub-Lessee covenants and acknowledges that it show use the Leased Premises in compliance with
all applicable terms and conditions of the Lease Agreement, said terms and conditions are expressly
incorporated herein and made a part hereof, as if they have been restated herein in their entirety.
• 7. SUB-LESSEE'S OBLIGATIONS.
(a) Sub-Lessee shall comply with all obligations imposed by applicable regulations of
the Fire and Police Department, and applicable provisions of building and health codes;
(b) Sub-Lessee shall return the premises in as good of a condition as when Sub-Lessee
took possession of the Leased Premises.
(c) Sub-Lessee shall not destroy, deface, damage, impair or remove any part of the
Leased Premises or property or allow any other person to do so;
(d) Sub-Lessee shall not be allowed to use any signage on the Leased Premises,
without Sub-Lessor's prior approval, other then that which is affixed to SUB-LESSEE'S vehicles
and/or equipment; and
8. REPAIRS TO PROPERTY. Sub-Lessor shall keep and maintain in good condition and
repair, the Leased Premises. Sub-Lessee shall make all necessary repairs to preserve the Leased
Premises. Sub-Lessee shall make no changes, alterations or repairs without first obtaining the
consent of the Sub-Lessor. Sub-Lessee shall pay for any and all costs of repair or replacement
required by the use of the Leased Premises by Sub-Lessee, reasonable wear and tear accepted, or
• 2
damage caused by Sub-Lessee's own negligence or the negligence of Sub-Lessee's employees,
agents or patrons.
• 9. DEFAULT. The occurrence of one or more of the following is an event of default by
Sub-Lessee:
(a) Failure of Sub-Lessee to pay rent or make any other payment required by this Sub-
Lease Agreement when due; and/or
(b) Failure of Sub-Lessee to conform and comply with any obligation imposed upon
Sub-Lessee by this Sub-Lease Agreement, other than the obligation to pay money.
In the event of default, Sub-Lessor, without the necessity of providing Sub-Lessee with an
opportunity to cure, may pursue and all legal remedies available to it at law or in equity.
10. SUB-LESSOR LIMITATION OF LIABILITY. The Sub-Lessor shall not be
responsible in any manner for any loss of or damage to Leased Premises, or injury to persons
resulting, occurring on or about the Leased Premises or by reason of any existing or future
condition, defect, matter, thing, action or inaction, or for the acts, omissions or negligence of other
persons other then that directly related to the negligence or intentional acts of the Sub-Lessor.
11. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by law and
without waiving any sovereign immunity it may enjoy, Sub-Lessee agrees to indemnify and hold
Sub-Lessor harmless from any and all claims and liability for losses of or damage to property, or
• injuries to persons occurring in or about, or related to the Sub-Lessee's use of the Leased Premises.
12. TERMINATION OF LEASE. Sub-Lessor and Sub-Lessee shall have the right upon thirty
(30) days written notice to terminate this lease, without cause. In the event that Sub-Lessor's rights
under the Lease Agreement are terminated for any reason, Sub-Lessee's rights hereunder shall be
automatically terminated as of the date of the termination of Sub-Lessor's subject rights. Upon
termination of this LEASE, either by reason of default, expiration or otherwise, Sub-Lessee agrees
to return the Leased Premises to Sub-Lessor or the owner of the premises in good condition,
reasonable wear and tear excepted, and free of all personal property and debris, including but not
limited to the return of all keys related to the Leased Premises.
13. Notices. All notices shall be in writing and sent by United States mail, certified or
registered, with return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
Sub-Lessor: City of Clermont
P.O. Box 120219
Clermont, FL 34712-021.9
Attn.: City Manager
•
Sub-Lessee: Lake-Sumter Emergency Medical Services, Inc.
• 2761 W. Old Highway 441
Mount Dora, FL 32757
14. ASSIGNABILITY. This Sub-Lease Agreement, or the right conveyed herein, is not
assignable in any manner.
15. AMENDMENT. This Sub-Lease shall not be amended unless in writing and signed
by both Sub-Lessor and Sub-Lessee.
16. WAIVER. No waiver of any breach, failure to enforce a terms or covenant, of this
Lease by Sub-Lessor shall be considered a waiver of any other subsequent breach. The failure of
Sub-Lessor to insist upon compliance by Sub-Lessee with any obligation, or exercise any remedy,
does not waive the right to do so in the event of a continuing or subsequent breach.
17. INVALIDITY OF PROVISIONS. The invalidity or unenforceability of any provision of
this Lease will not affect the other provision and this Lease will continue in all respects as if the
Lease omitted such invalid or unenforceable provisions.
18. CHOICE OF LAW. The laws of the State of Florida will govern this Lease and the duties
and obligations stated within the Lease.
• IN WITNESS WHEREOF, the parties hereto have signed this Agreement this _ day of,
2006.
SUB-LESSOR
CITY OF ST. CLERMONT, FLORIDA
Wayne Saunders, City Manager
SUB-LESSEE
LAKE-SUMTER EMS
Welton G. Cadwell, Chairman
Lake-Sumter EMS Board of Directors
• 4
APPROVED AS TO FORM AND LEGALITY
Bruce G. Duncan
Lake-Sumter EMS Attorney
•