1985-25
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LEASE
1. PARTIES
This Lease is made between the CITY OF CLERMONT, Lake
County, Florida, a Florida municipal corporation, herein called
LESSOR, and LAKE/SUMTER COMMUNITY MENTAL HEALTH CENTER, INC., of
404 Webster Street, Leesburg, Florida; herein called LESSEE.
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2. DESCRIPTION
Approximately 1,245 square feet of the lower floor
level of a two-story concrete block building located on the
northeast corner of.Blocks 99 and 100 in the City of Clermont,
Florida, together with a joint easement with LESSOR during the
term of this Lease to all adjacent driveways and parking areas
located on the above described Blocks 99 and 100, City of
Clermont, Florida. The LESSEE shall also be guaranteed three (3)
reserved parking spaces and shall jointly share restroom and
kitchen facilities in the leased area, more particularly
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described in Exhibit "A" attached hereto and made a part of the.
agreement.
3 . TERM
The space is leased for a term to commence on July 1,
1985, and to terminate on December 31, 1988. Both the LESSEE and
LESSOR shall have the right to cancel the Lease by giving ninety
(90) days written notice in advance.
4. RENT
The rent for the leased period is FIVE THOUSAND EIGHTY-
EIGHT AND NO/IOO DOLLARS ($5,088.00) per year, payable in twelve
~.~ (12) monthly installments of FOUR HUNDRED TWENTY-FOUR AND NO/IOO
DOLLARS ($424.00) each in advance of the first (1st) day of each
and every month during said period~ The first (1st) payment is
due on the first (1st) day of July, 1985, and subsequent payments
will be due on the first (1st) day of each succeeding month
during the term of the Lease, all of which sums the LESSEE
expressly covenants and agrees to pay. All payments shall be
made payable to the CITY OF CLERMONT, #1 Westgate Plaza, P.O. Box
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219, Clermont, Florida 32711, or at such other place and to such
other person as the LESSOR may from time to time designate in
writing.
5. USE AND OCCUPANCY
LESSEE shall use and occupy the premises for
profesional office use, including counselling and outpatient
therapy, and for no other purpose. LESSOR represents that the
premises may lawfully be used for such purpose. LESSOR shall 'not
post political advertisements on the premises where they may be
viewed from the public right-of-way.
6. PERSONAL PROPERTY
All personal property placed or moved in the premises
above described, shall be at the risk of the LESSEE or owners
thereof, and LESSOR shall not be liable.for any damage to said
personal property including damage arising from the bursting or
leaking of water pipes.
7. CARE AND REPAIR OF PREMISES
A. LESSEE shall commi t no act of waste and shall take
good care of the premises and the fixtures and appurtenances
therein, and shall, in the use and occupancy of the premises
conform to all laws, orders, and regulations of the federal,
state, and municipal governments or any of their departments.
B. LESSOR shall make all necessary repairs to the air
conditioning system, plumbing system, electrical system,
including ceiling fixtures but not including bulbs and ballasts,
exterior building including front doors, landscaping, and termite
and other foundation protection, except where the repair has been
made necessary by misuse or neglect by LESSEE or LESSEE'S agents,
employees, visitors, or licenses.
C. The LESSEE shall be responsible for the interior
walls, carpeting, drapes, lighting, including light bulbs. and
ballasts, and informational and location signs. The LESSEE shall
also be responsible for constructing a dividing wall and any other
equipment necessary to separate and divide the two (2) downstairs
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offices in a manner approved by the LESSOR.
D. The LESSEE shall make no improvements to the
premises without the express written permission of the LESSOR.
All improvements made by LESSEE to the premises which are so
attached to the premises that they cannot be removed
without material injury to the premises shall become the property
of the LESSOR upon installation. Not later than the last day of
the term, LESSEE shall, at LESSEE'S expense, remove all of
LESSEE'S personal property and those improvements made by LESSEE
which have not become the property of the LESSOR, repair all
injury done by or in connection with the installation or removal
of such property and improvements; and surrender the premises in
as good condition as t.hey were at the beginning of the term,
reasonable wear, and damage by fire, the elements, casualty, or
other cause not due to the misuse or neglect by LESSEE or
LESSEE'S agents, employees, visitors, or licenses excepted. All
property of LESSEE remaining on the premises after the 1st day of
the term of this Lease shall be conclusively deemed abandoned and
may be removed by LESSOR, and LESSEE shall reimburse LESSOR for
the cost of such removal.
8. ALTERATIONS, ADDITIONS, OR IMPROVEMENT
LESSEE shall not, without first obtaining the written
consent of LESSOR, make any alterations, additions, or
improvements in, to, or on and about the premises, except for
interior painting and wallpapering, which LESSEE may do without
said written consent.
9. INSURANCE
A. LESSEE shall maintain public liability and casualty
insurance in the minimum amount of $100,000.00/$300,000.00.
LESSEE shall not be responsible for obtaining adequate insurance
to cover loss of LESSEE'S property due to fire or other casualty.
B. LESSEE shall not do or suffer anything to 'be done
on the premises that will increase the rate of fire inurance on
the bui Iding.
10. RIGHT TO INSPECT AND REPAIR
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LESSOR may enter the premises at any reasonable times,
on reasonable notice to LESSEE (except that no notice need be
given in case of emergency) for the purpose of inspection or the
making of such repairs, replacements, or additions in, to, on and
about the premises of the building, as LESSOR deems necessary or
desirable. LESSEE shall have no claim or cause of action against
LESSOR by reason thereof.
11. ASSIGNMENT OR SUBLEASE
LESSEE shall not, without first obtaining the written
consent of LESSOR, assign, mortgage, pledge, or encumber this
Lease, in whole or in part, or sublet the premises or any part
thereof.
12. UTILITIES
As the building which the leased premises is a part of
has only one (1) electrical meter, LESSEE shall pay for its
portion of the electricity used by promptly paying for twenty-
seven percent (27%) of the electricity. LESSEE shall be
responsible for payment for its water, sewer, sanitation and
telephone service, and all other costs and expenses of every kind
whatsoever or in connection with the use, operation, and
maintenance of the premises and all activities conducted thereon.
13. DAMAGES TO BUILDING
Partial destruction of the leased premises shall not
render this Lease void or voidable, or terminate it except as
herein provided. If the premises are partially destroyed during
the term of this Lease, LESSOR may repair them when such repairs
can be made in conformity with governmental laws and regulations,
within ninety (90) days of the partial destruction. Written
notice of the intention of LESSOR to repair shall be given to
LESSEE within fifteen (15) days after any partial destruction.
Rent will be reduced proportionately to the extent to wh~ch the
repair operations interefere with the business conducted on the
premises by LESSEE. If the repairs cannot be made within the
time specified above, LESSOR shall have the option to make them
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within a reasonable time and continue this Lease in effect with
proportional rent rebate to LESSEE as provided for herein. If
the repairs cannot be made in ninety (90) days, and if LESSOR
does not elect to make them within a reasonable time, either
party shall have the option to terminate this Lease.
14. INDEMNITY
LESSEE shall indemnify LESSOR against all expenses,
liabilities, and claims of every kind, including all reasonble
counsel fees, by or on behalf of any person or entity arising out
of their (1) a failure by LESSEE to perform any of the terms or
conditions of this Lease, (2) any injury or damage happening on
or about the demised premises, (3) failure to comply with any law
of any governmental authority, or (4) any mechanics lien or
security interest filed against the demised premises or equip-
ment, materials or alterations of buildings or improvements
thereon.
15. LESSOR'S REMEDIES ON DEFAULT
If LESSEE defaults in the payment of rent, or any
additional rent, or defaults in the performance of any of the
other covenants or conditions hereof, LESSOR may give LESSEE
notice of such default and if LESSEE does not cure any rent, or
additional rent, default within fifteen (15) days, or other
default within fifteen (15) days, after the giving of such
notice (or if such other default is of such nature that it cannot
be completely cured within such period, if LESSEE does not
commence such curing within such fifteen (15) days and thereafter
proceed with reasonable diligence and in good faith to cure such
default), then LESSOR may terminate this Lease on not less than
seven (7) days' notice to LESSEE. On the date specified in such
notice the term of this Lease shall terminate, and LESSEE shall
then quit and surrender the premises to LESSOR, but LESSEE shall
remain liable as hereinafter provided. If this Lease shall have
been so terminated by LESSOR, LESSOR may at any time thereafter
resume possession of the premises by any lawful means and remove
LESSEE or other occupants and their effects.
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16. DEFICIENCY
In any case where LESSOR has recovered possession of
the premises by reason of LESSEE'S default or abandonment, LESSOR
may, at LESSOR'S option, occupy the premises or cause the
premises to be redecortaed, altered, divided, consolidated with
other adjoining premises, or otherwise changed or prepared for
reletting, and may relet the premises or ay part thereof as agent
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of LESSEE or otherwise, for a term or terms to expire prior to,
at the same time as, or subsequent to, the original expiration
date of this Lease, at LESSOR'S option, and receive the rent
therefor. Rent so received shall be applied first to the payment
of such expenses as LESSOR may have incurred in connection with
the recovery of possession, redecorating, altering, dividing,
consolodiating with other adjoining premises, or otherwise change
or preparing for reletting, and the reletting, including
brokerage and reasonable attorney's fees.
Thereafter it shall be
applied to the payment of damages in amounts equal to the rent
hereunder and to the cost and expenses of prformance of the other
covenants of LESSEE as herein provided. LESSEE agrees, in any
such case, whether or ont LESSOR has relet, to pay to LESSOR
damages equal to the rent and other sums herein agreed to be paid
by LESSEE, les the net proceeds of the reletting, if any, as
ascertained from time to time, and the same shall be payable by
LESSEE on the several rent days above specified. In reletting
the premises as aforesaid, LESSOR may grant rent concessions, and
LESSEE shall not be credited therewith. No such reletting shall
constitute a surrender and acceptance or be deemed evidence
_. thereof. If LESSOR elects, pursuant hereto, actually to occupy
and use the premises or any part thereof during any part of the
balance of the term as originally fixed or since extended, there
shall be allowed against LESSEE'S obligation for rent or damages
as herein defined, during the period of LESSOR'S occupancy, the
reasonable value of such occupancy, not to exceed in any event
the rent herein reserved and such occupancy shall not be
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construed as a relief of LESSEE'S ability hereunder.
LESSEE hereby waives all right of redemption to which
LESSEE or any person claiming under LESSEE might be entitled by
any law now or hereafter in force.
LESSOR'S remedies hereunder are in addition to the
other remedies allowed by law.
17. NO WAIVER OF COVENANTS OR CONDITIONS
The failure of either party to insist on strict
performance of any covenant or condition hereof, or to exercise
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any option herein contained, shall not be construed as a waiver
of such covenant, condition, or option in any instance. This
Lease cannot be changed or termLnated orally.
18. ATTORNEY'S FEES
If any action at law or in equi ty shall be brought to
recover any rent under this Lease, or for or on account of any
breach of, or to enforce or interpret any of the covenants,
terms, or conditions of this Lease, or for the recovery of a
possession of the demised premises, the prevailing party shall be
entitled to recover from the other party as part of the
prevailing party's costs reasonable attorney's fees, the amount
of which shall be fixed by the court and shall be made a part of
any judgment or decree rendered.
19. COLLECTION OF RENT FROM ANY OCCUPANT
If the premises are sublet or occupied by anyone other
than LESSEE and LESSEE is in default hereunder, or if this Lease
is assigned by LESSEE, LESSOR may collect rent from the assignee,
subtenant, or occupant, and apply the net amount collected to the
rent herein reserved. No such collection shall be deemed a
waiver of the covenant herein against assignment and subletting,
or the acceptance of such assignee, subtenant, or occupant as
LESSEE, or a release of LESSEE from further performance of the
covenants herein contained.
20. RIGHT TO CURE LESSEE'S BREACH
If LESSEE breaches any covenant or condition of this
Lease, LESSOR may, on reasonable notice to LESSEE (except that no
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notice need be given in case of emergency), cure ~uch breach at
the expense of LESSEE. The reasonable amount of all expenses,
including attorney's fees, incurred by LESSOR in so doing
(whether paid by LESSOR or not) shall be deemed additional rent
payable on demand.
21. NOTICES
Any notice by either party to the other shall be in
writing and shall be deemed to have been given only if delivered
personally or sent by registered or certified mail in a postpaid
envelope addressed, if to LESSEE, at the above described
building; if to LESSOR, at LESSOR'S address as set forth above;
or, to either, at such other address as LESSEE or LESSOR,
respectively, may designate in writing. Notice shall be deemed
to have been duly given, if delivered personally, on delivery
thereof, and if mailed, on the third (3rd) day after the mailing
thereof.
22. CONDITIONS OF LESSOR'S LIABILITY
LESSEE shall not be entitled to claim a constructive
eviction from the premises unless LESSEE shall have first
notified LESSOR in writing of the condition or conditions giving
rise thereof and, if the complaints be justified, unless LESSOR
shall have failed within a reasonable time after receipt of such
notice to remedy such conditions.
23. RIGHT TO SHOW PREMISES
LESSOR may show the premises during the two (2) months
prior to terminaton of this Lease, to prospective tenants, during
business hours on reasonable notic~.to LESSEE.
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24. ENTIRE ~GREEMENT
This Lease contains the entire agreement of the parties
hereto with respect to the matters covered hereby, and no other
agreement, statement, or promise made by any party hereto, or any
employee, officer or agent of any party hereto, which is not
contained herein shall be binding or valid. No modification of
this Lease shall be binding on the parties unless it is in
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25. REPRESENTATIONS BY LESSOR
At the commencement of the term, LESSEE shall accept
the buildings and improvements and any equipment in their
existing conditions and state of repair, and LESSEE agrees that
no representations, statements, or warranties, express or
implied, have been made by or on ehalf of LESSOR in respect
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thereto except as contained in the provisions of this Lease, and
LESSOR shall in no event be liable for any latent defects.
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26. QUIET EJOYMENT
LESSOR covenants that if, and so long as, LESSEE pays
the rent, and any additional rent as herein provided, and
performs the covenants hereof, LESSEE shall peaceably and quietly
have, hold, and enjoy the premises for the term herein mentioned,
subject to the provisions of this Lease.
27. APPLICABILITY TO HEIRS AND ASSIGNS
The provisions of this Lease shall apply to, bind, and
inure to the benefit of LESSOR and LESSEE, and their respective
heirs, successors, legal representatives, and assigns.
Executed at Clermont, Florida on the ~~~ay of
, 1985.
Signed in the presence of:
CITY OF CLERMONT
BY: &--a1700--e
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LESSOR
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LAKE/SUMTER COMMUNITY
HEALTH CE~INC.
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LESSEE
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25. REPRESENTATIONS BY LESSOR
At the commencement of the term, LESSEE shall accept
the buildings and improvements and any equipment in their
existing conditions and state of repair, and LESSEE agrees that
no representations, statements, or warranties, express or
implied, have been made by or on ehalf of LESSOR in respect
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thereto except as contained in the provisions of this Lease, and
LESSOR shall in no event be liable for any latent defects.
26. QUIET EJOYMENT
LESSOR covenants that if, and so long as, LESSEE pays
the rent, and any additional rent as herein provided, and
performs the covenants hereof, LESSEE shall peaceably and quietly
have, hold, and enjoy the premises for the term herein mentioned,
subject to the provisions of this Lease.
27. APPLICABILITY TO HEIRS AND ASSIGNS
The provisions of this Lease shall apply to, bind, and
inure to the benefit of LESSOR and LESSEE, and their respective
heirs, successors, legal representatives, and assigns.
Executed at Clermont, Florida on the _Z5~ay of
, 1985.
Signed in the presence of:
CITY OF CLERMONT
BY: &-CLI7~
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LESSOR
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LAKE/SUMTER COMMUNITY MENTAL
HEALTH CENTE INC.
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BY:
LESSEE
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