2007-45CITY OF CLERMONT LEASE AGREEMENT
WITH AARON JONES FOR
PARKING SPACE ADJACENT TO FHtE STATION
THIS AGREEMENT, is made between the City of Clermont, a Municipal Corporation of the State of
Florida, (hereinafter referred to as the "Lessee") and Aaron Jones whose address is 407 West Hwy 50
Clermont Fl. 34711 (hereinafter referred to as ("Lessor").
WITNESSETH
WHEREAS, Lessor is the owner of certain real property located at 407 West Hwy 50, Clermont, FL
34711; and
WHEREAS, Lessee desires to lease from Lessor a portion of the subject property for the parking of
certain vehicles related to Lessee's fires station operation located adjacent to Lessor's property; and
WHEREAS, the Lessor desires to make available to Lessee the premises referred to below in
accordance with the terms contained herein.
NOW THEREFORE, in consideration of the covenants and agreements herein contained, the parties
agree as follows:
1. LEASED PREMISES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor
the real property located ayt 407 West Hwy 50, Clermont, FL and as more particularly described as the
parking lot area, hereinafter referred to as the "Leased Premises". The purpose of the lease agreement
is for Lessee, its contractors, assigns, guest, employees and agents to park and keep motor vehicles on
the Leased Premises.
2. TERM OF LEASE: The term of this Lease shall be twelve (12) months from September 1,
2007 to August 31, 2008, unless terminated as provided herein.
3. RENT. Lessee shall pay as rent to the Lessor, upon execution of this Lease the total sum of
ONE HUNDRE DOLLARS ($100), which shall be paid immediately upon execution of this Lease
Agreement and on the first day of the month thereafter until such time as the lease terminates.
4. INSURANCE.
(a). 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 Lessor and
Lessee. All policies of insurance shall insure the 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 o~ or related to the use or occupancy of the Leased
Premises by Lessee. Such policies of insurance shall be in an amount of ONE HUNDRED
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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 Lessor or Lessee, as aforesaid.
(c). This provision shall in no way be construed as a waiver of Lessee's sovereign immunity
protections provided by Florida law.
5. USE OF PREMISES. The purpose of the lease agreement is for Lessee, its contractors,
assigns, guest, employees and agents to pazk and keep motor vehicles on the Leased Premises.
6. DEFAULT. The occurrence of one or more of the following is an event of default by
Lessee:
(a) Failure of Lessee to pay rent or make any other payment required by this Sub-Lease
Agreement when due; and/or
(b) Failure of 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, Lessor, may after providing to Lessee thirty (30) days written notice of
a default hereunder and an opportunity to cure, may declaze the agreement in default and pursue any
and all legal remedies available to it at law or in equity.
7. LESSOR LIMITATION OF LIABILITY. 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 related to the
negligence or intentional acts of the Lessor.
8. HOLD HARMT .F S S AND INDEMNIFICATION. To the extent permitted by law and
without waiving any sovereign immunity it may enjoy, Lessee agrees to indemnify and hold Lessor
harmless from any and all claims and liability for losses of or damage to property, or injuries to persons
occurring in or about, and directly related to Lessee's negligent use of the Leased Premises.
9. T~'sRNIlNATION OF LEASE. Lessee shall have the right upon thirty (30) days written notice
delivered to Lessor, to terminate this lease, without cause. In the event that the agreement is
terminated for any reason, Lessee may cause to be removed any and all improvements constructed or
placed by Lessee on the Leased Premises. Lessee shall then return the Leased Premises to Lessor,
reasonable wear and teaz excepted, and free of all personal property and debris. Provided however,
arty such improvements such as sidewalks, driveways or concrete slabs or pads attached to the Leased
Premises shall not be removed, unless otherwise agreed upon by the parties.
10. 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
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when received by the party to whom it is intended.
Lessor: Aaron Jones.
407 West Hwy 50
Clermont, Florida 34711
Lessee: City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
Attn.: City Manager
11. ASSIGNABILITY. This Lease Agreement, or the right conveyed herein, is not assignable
many manner.
12. AMENDMENT. This Lease shall not be amended unless in writing and signed by both
parties.
13. 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.
14. CHOICE OF LAW. The laws of the State of Florida will govern this Lease and the duties
and obligations stated within the Lease.
15. SURVIVAL. The obligations of the parties to each other, as outlined in this agreement, shall
survive any expiration or ternvnation of this Lease.
IN WITNESS WI~REOF, the parties hereto have signed this Agreement on the dates listed
set forth below.
LESSEE
CITY O ERMONT, FLORIDA
,,---~y
Harold S. T ' e, r., Mayor
Date /D D ? ot~'T
LESSOR
Aaron Jones
Date: ~~ ~ !~
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CITY OF CLERMONT
Office of the Fire Chief
To: Wayne Saunders, City Mana er
From: Cazle Bishop, Fire Chief --
Re: FD Pazking
Date: October I, 2007
Please find attached a contract with Aaron Jones for the purpose of providing pazking on
his property for FD employees during the construction of the FD Administrative Office.
Mr. Jones has agreed to $100.00 a month for the use of his property starting
September 1, 2007.
The City Attorney advised that because of the small monetary amount of this contract, it
would not be necessary to put this item on the council agenda. Therefore I am requesting
your approval to contract with Mr. Jones. There aze two copies signed. If you approve
please return one copy with your signature for me to deliver to Mr. Jones.
439 WEST HIGHWAY 50 • CLERMONT, FLORIDA 3471 1
PHONE: 352/394-7662 • FAX: 352/241-4904