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1961-05LEASE On this January 25,1961, GRIFFIN-JOHNSTON CORP., a Florida corporation, LESSOR, and FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLERMONT, a United States Corporation, LESSEE, both corporate entities having their principal place of business in Clermont, Lake County, Florida, each in consideration of the agree- ments, conditions and covenants hereinafter set forth and to be performed by the other, hereby agree: 1. PROPERTY AND TERM: The lessor hereby leases to the lessee the upper floor level (2nd floor) of a two-story, concrete block building (entrance facing parking area) to be constructed on the Northeast corner of the following described real property in Clermont, Lake County, Florida, to-wit: Fractional Blook 100 and Lots 6, 13, 14, 15, 16, 17 and 18, of Block 99, as represented on the OFFICIAL MAP of the CITY OF CLERMONT, filed 2/4/26 and recorded in Plat Book 8, pages 17 to 23, inclusive, Public Records of Lake County, Florida, LESS AND EXCEPT right-Of-way for State Road 50 over, through ...rid across said Block 99, also, LESS AND EXCEPT fractional Lots 6, 13, 14, 15, 16, 17 and 18, Block 99, lying North of the right-of-way of State Road 50; and, Fractional Highland Avenue lying East of Tenth (10th) Street and West of West Avenue, as represented on the OFFICIAL MAP of the CITY OF CLERMONT, filed 2/4/26 and recorded in Plat Book 8, pages 17 to 23, inclusive, Public Records of Lake County, Florida, described as follows: From the intersection of the South line of Section 24, Township 22 South, Range 25 East and the West right -of -way line of West Avenue, according to the Official Plat of.the City of Clermont, as recorded in the Public Records of Lake County, Florida, in Plat Book 8, pages 17 to 23, inclusive, run North along the West right-of-way line of said West Avenue 217.41 feet to the Point of Beginning; thence North 780 07' West 118.57 feet; thence South 11 53 ' West 48. 17 feet; thence South 780 07' East 128. 71 feet to a point on the West right-of-way line of West Avenue; thence North 49.22 feet to the Point of Beginning. TOGETHER with a joint easement with Lessor and its other Lessees during the term of this lease and the renewal period thereof, to all driveways and parking areas located on the above described Block 100, fractional Block 99 and fractional Highland Avenue, LESS AND EXCEPT any driveways and parking areas with the lands heretofore leased to Standard Oil Company of Kentucky. LEASE: Griffin-Johnston, Corp. - First Federal Savings & Loan Association of Clermont Page 2. for the term of Ten (10) Years, beginning at l2:01A. M. on April 1st, 1961, and ending at 11:59 on March 31st, 1971. (Said building, by reason of it being constructed on the side of a hill and at the intersection of West Avenue and State Highway 50, will have two levels, the lower level (base- ment) will be entered from West Avenue, and the upper level (first floor) will be entered from State Road 50 on the North, and on the East from West Avenue, and will be surrounded on the South and West by a public parking area. The lower level has been leased on October 6, 1960, to Wayne D, Darrah and wife, Dorothy M. Darrah.) la. The above referred to building will be constructed for these lessees, and the said Wayne D. Darrah and wife, Dorothy M. Darrah, who will occupy the lower level. This lease and said individuals lease will run concurrently, therefore the lessor and this corporate lessee, as well as said individual lessees will, when this lessee's premises are ready for occupancy, enter into a subsequent agreement establishing the beginning and ending dates of the respective leases. lb. Lessor agrees to construct said building in accordance with the plans and specifications as approved by lessor and lessee and to begin said construction within thirty (30) days from date hereof. Adjoining said building is to be constructed a parking area and lessee's employees, patrons, customers, officers and agents are free to use said parking area at any time before, during and after business hours without cost to lessee. Lessee to maintain said parking area in a good state of repair at all times and protect lessee's premises from surface water therefrom. lc. In addition to the annual rent as provided in 2 here- inafter, the lessor and lessee agree: (1) Lessee will pay all operating expenses of the year -round air conditioning system, and lessor and lessee . will pay on a 5O/50 basis, the maintenance expenses thereof, except any portion thereof which is warranted by the manufacturer during any part of the first five (5) years, then during said warranty period the repair, replacement or general maintenance of such warranted parts of said equip- ment will be paid by the lessor; (2) Lessee shall pay all utilities and licenses. ld. Lessee may renew this lease for one (1) additional five (5) yeaz: period and the lessee is hereby given the option to lease the lower level of said building during said renewal period for the same annual . rent as now leased, namely, $3,000.00 per annum, payable $250.00 per month in advance and otherwi se under the same terms and conditions of this lease. LEASE: Griffin-Johnston, Corp. - First Federal Savings & Loan Association of Clermont Page 3. 2. RENT: The Lessee will pay to the Lessor as rent for said upper level of said building and the year -round air conditioning equipment during the original term of this lease and the one renewal period thereof, an Annual Rent of SIX THOUSAND FIVE'HUNDRED TWENTY -THREE AND O8/l00 ($6,523.08) DOLLARS, payable in monthly installments of FIVE HUNDRED FORTY-THREE AND 59/100 ($543.59) DOLLARS each on the first day of each and every month during said terms, the first installment to be paid on July 1, 1961. Lessor acknowledges receipt of the sum of $543.59 to be credited to the installment due July 1, 1961. In the event, through no delay or fault on the part of the lessee, said leased premises are not ready for occupancy by lessee on July 1, 1961, then said sum shall be credited to the following month I s installment following date of occupancy by lessee. 3. REPAIRS: The lessor will maintain the exterior of the building to be erected on the above described premises, including the roof, exterior walls, windows, sewage and parking area, in good and substantial repair. The lessee will maintain the interior of the building, including the interior ceilings, walls, floors, fixtures, pipes, and doors, in good and substantial repair. Interior fixtures and pipes are those that project from the ceilings, walls and floors into the room, exterior fixtures and pipes include those concealed behind, over, or under the interior ceilings, walls and floors. The agreements to repair !n this paragraph do not apply to any damage by fire, windstorm, hurricane, or other casualty in which event same will be paid by lessor. 4. DAMAGE BY FIRE OR OTHER CASUALTY: If the leased property is damaged by fire or other casualty (casualty shall also include hurricane and windstorm damage) to the extent of fifty per centum (SOra> or more, the lessor shall have the option to rebuild and repair the leased prop- erty, or to terminate this Lease; if damaged to a lesser extent, the lessor will rebuild and repair. In the event of damage by fire or other casualty, the rent payable under this Lease shall abate, in proportion to the impair- ment of the use that can reasonably be made of the property for the purpose permitted by this Lease, until the property is rebuilt and repaired, or until the Lease is terminated, if terminated in accordance with this paragraph. 5. USE: The leasee will use the leased property for the sole purpose of carrying on its business of a Federal Savings and Loan Associa- tion. 6. ASSIGNMENT OR SUB-LEASING: Lessee may not assign or sub-lease without the written consent of lessor. The iessor will fully coop- erate with lessee if an assignment is necessary so that lessee, during the term of this lease, may lease or build larger quarters. 7. ACCESS BY LESSOR: The lessor may enter, inspect, and make such repairs to the leased property as the lessor may reasonably desire in accordance with 3 above, at all reasonable times. 8. SIGNS: All signs, on the building, its windows, or on the property abutting the building shall be first approved by the lessor. This LEASE: Griffin-Johnston, Corp. - First Federal Savings & Loan Association of Clermont' Page 4. provision is not provided herein to prevent lessee from having adequate signs to advertise its business, but to regulate the size, type, color and location so that they will harmonize with the architecture and colors of the whole building and will not interfere with or blind vehicular or pedestrian traffic or signs of any other business in any part of the balance of the above described real property. Lessor may require blue prints and specifications of all outside, signs. Any signs not so approved by lessor may be removed by lessor at lessee's expense. 9. WAIVER OF EXEMPTION: Any constitutional or statutory exemption of the lessee or any assignee, or sub-lessee, of any property usually kept on the leased premises, from distress or forced sale, is waived. 10. REMEDIES FOR FAILURE TO PAY RENT: If any rent required under this lease shall not be paid when due, the lessor shall have the option to: (a) Terminate this lease, resume possession of the property for their own account, and recover.immediately from the lessee the differ- ence between the rent specified in the lease and the fair rental value of the property for the remainder of the term, reduced to present worth; (b) Resume possession and release or rent the property for the remainder of the term for the account of the lessee, and recover from the lessee, at the end of the term or at the time each payment of rent comes due under this lease as the lessor may choose, the difference between the rent specified in this lease and the rent received on the releasing or renting. In either event, the lessor shall also recover all expenses incurred by reason of the breach, including reasonable attorney's fees. 11. REMEDIES FOR BREACH OF AGREEMENT: If either the lessor or the lessee shall fail to perform, or shall breach, any agreement of this lease other than the agreement of the lessee to pay rent, for ten (10) days after written notice specifying the performance required shall have been given to the party failing to perform, the party so giving notice may institute action in a Court of competent jurisdiction to terminate this lease or to compel performance of the agreement, and the prevailing party in that litigation shall be paid by the losing party all expenses of such litigation, including reasonable attorney's fees. 12. CONSTRUCTION DELAYS: Lessor will proceed with the orderly construction of Raid building hut any delays not caused by the lessor shall not be a 0061s for lCl:lsce to terminatc this lease. 13. REDELIVERY OF POSSESSION TO LESSOR: Upon the termination of this lease under any provisions hereinbefore''Or hereinafter set forth, the lessee, assignees and/or sub-lessees shall quit and deliver LEASE: Griffin-Johnston, Corp.- First Federal Savings & Loan Association of Clermont Page 5. up said premises at the end of said term in as good condition as they are upon original occupancy (ordinary wear, decay and damage by the elements only excepted). (13a). All equipment, fixtures and furnishings, and all other property erected or installed in said leased premises by the lessee may be removed by the lessee at the termination of this lease, or any extension thereof, even though the same may be attached to said leased premises: Provided, the lessee shall not then be in default in the perform- ance of the covenants hereof; and provided further, the building shall be left by the lessee substantially as well equipped as it is at the beginning of the term; and provided further, that no such property shall be removed, if such removal would permanently injure or dismantle said leased prem- ises; and provided further, that the removal of any such property shall be effected on or before the expiration of said term, or any extension (renewal) thereof, and all damage caused to said premises by such removal shall be repaired by the lessee on or before the expiration of said term, or any extension (renewal) thereof. 14. OPTION TO PURCHASE: The lessor reserves unto the lessee the option to purchase the whole of the above described building dur- ing the term of this lease and the renewal period thereof on such terms and conditions as are then mutually agreed upon. Lessor will not sell same to any other person, firm or corporation without first giving this lessee the right to purchase under like terms and conditions. Said option shall include the lessor or seller granting unto the lessee as buyer at least a perpetual easement in and to all driveways from all streets and highways surrounding all of the above described real property as well as at lease a like easement in and to aU parking areas on said above described real property. Cost of said easements will be mutually determined between these parties. 15. TAXES - INSURANCE & LIABILITY: Lessee will pay all intangible taxes duly levied and assessed against the lessee's personal prop- erty. Lessor will pay all real property taxes as levied and assessed and if not so paid lessee may pay same and deduct from annual rent on the follow- ing monthly installment payment date, first advising in writing lessor of such intention at least ten (10) days prior to paying same. (l5a). The lessee shall indemnify and save harmless the lessor from all liability arising to any and all persons whomsoever, whether for personal injuries or otherwise, by reason of the erection, main- tenance, operation, unsafety of condition of any sign or signs or any part thereof, or any device or appliance usee in connection therewith. (15b). The lessee covenants and agrees not to do or suffer anything to be done, by which persons or property, in or upon the leased premises may be injured or endangered; and tte lessee agrees to indemnify and save harmless the lessor from any claim of any person of inj uries to life, person or property by reason of anything done, or permitted to be done LEASE: Griffin-Johnston, Corp. - First Federal Savings & Loan Association of Clermont Page 6. or suffered, or omitted to be done, by the lessee in and about the occupa- tion of said premises, the respective areas within the leased premises designated, used or enjoyed by the public in general for parking, walkways, driveways. However, such liability shall not extend beyond or include the use of said areas after the lessee's established or designated business hours, nor shall it extend beyond or include at any time those using said areas who are not the employees, customers, patrons or agents of the lessee. 16. Beneficiaries. This lease shall be binding upon and shall inure to the benefit of the assigns and successors to the respective parties hereto. IN WITNESS WHEREOF the Lessor and Lessee have caused this Lease to be signed in their names by their Presidents and their respective seals to be affixed, the day and year first above written. Witnesses GRIFFIN -JOHNSTON CORP. By: President FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLERMONT By President STATE OF FLORIDA, COUNTY OF LAKE. I, an officer authorized to take acknowledgments according to the laws of the State of Florida, duly qualified and acting, HEREBY CERTIFY that GERALD D. GRIFFIN, as President of GRIFFIN -JOHNSTON CORP. , a Florida Corporation, to me personally known, this day acknowledged before me that he executed the foregoing Lease as such officer of said corporation, and that hc affixcd thcrcto the official scal of said corporation and I FURTHER CERTIFY that I know the said pcrson making said acknow- ledgments to be the individual described in and who executed the said Lease. IN WITNESS WHEREOF, I hereunto set my hand and official seal . LEASE: Griffin -JOhnston, Corp. - First Federal Savings & Loan Association of Clermont Page 7. at Clermont, said County and State, this January 25, 1961. Notary Public My Commission Expires: Notary pubric. State of Florida at Large My Commission Expires Sept. 14. 1962 bonded by American Surety Co. of NY State of Florida COUNTY OF LAKE. I, an officer authorized to take acknowledgments according to the laws of the State of Florida, duly qualified and acting, HEREBY CERTIFY that GLENN Y. MIDDLETON, as President of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLERMONT, a United States Corporation, to me personally known, this day acknowledged before me that he executed the foregoing Lease as such officer of said corporation, and that he affixed thereto the official seal of said corporation; and I further CERTIFY that I know the said person making said acknowledgments to be the individual described in and who executed the said Lease. IN WITNESS WHEREOF, I hereunto set my hand and official seal at Clermont. said County and State this January 15, 1961 Notary Public My Commission Expires: Notary Public State of Florida at Large My Commission expires Sept 14, 1962 bonded by American Surety Co of NY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF LAKE COUNTY FLORIDA, ON JAN 30 1961 AT 3:01 O'CLOCK PM AND RECOROED IN THE OFFICIAL RECORDS BEGINNING WITH BOOK NO. 149 PAGE 511 AND RECORD VERIFIED FRANK E OWENS CLERK LEASE AGREEMENT On the 1st day of August, 1970, the City of Clermont, Lake County, Florida, a Florida Municipal Corporation, LESSOR, and George E. Hovis, LESSEE, both of Clermont, Florida, each in consideration of the agreements, conditions and covenants hereinafter set forth and to be performed by the other, hereby agree: The parties hereto agree to and accept all the terms and conditions of that certain lease between GRIFFIN-JOHNSTON CORPORATION, a Florida Corporation, LESSOR, and GEORGE HOVIS, LESSEE, (a copy of which is attached hereto and made a part hereof) and that certain Modification of Lease dated February 18, 1969 (a copy of which is attached hereto and made a part hereof) subject to the following changes or modifications: 1. The term of this Lease shall be from August 1, 1970, through July 31, 1975. 2. The first monthly rent installment shall be made on August 1, 1970 (receipt of which is acknowledged by the LESSOR). 3. After August 1, 1971, either party may cancel this Lease by giving six (6) months written notice of such intent to cancel. 4. The LESSEE agrees that after January 31, 1972, the LESSEE shall in- stall his own electric power meter if LESSEE is occupying the premises at that time. 5. In all other respects the terms of the attached Lease and Modification of Lease shall be incorporated into this Lease Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 3rd day of August, 970. THE CITY OF CLERMONT, FLORIDA (Corporate Seal) BY: DONALD E. SMITH, MAYOR ATTEST: DOLORES W. CARROLL CLERK CALDWELL AND HOVIS. ATTORNEYS AT LAW, I WESTGATE PLAZA DR lVE, CLERMONT. FLORIDA 32711 WITNESSES: GEORGE HOVIS STATE OF FLORIDA COUNTY OF LAKE I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgments, per- sonally appeared DONALD E. SMITH and DOLORES W. CARROLL, to me known to be the persons described as MAYOR and CLERK of THE CITY OF CLERMONT, FLORIDA, in and who executed the foregoing Lease Agreement, and acknowledged before me that they executed the same in the name of and for that corporation, affixing the Corporate Seal of that corporation thereto; that as such corporate officers they are duly authorized to do so; and that the foregoing Lease Agreement is the act and lease of that corporation. WITNESS my hand and official seal in the County and State named above this 3rd day of August 1970 STATE OF FLORIDA COUNTY OF LAKE NOTARY PUBLIC MY COMMISSION EXPIRES: BONDED THRU FRED W. DIESTELHORST I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgments, per- sonally appeared GEORGE E. HOVIS to me known to be the person described as LESSEE in and who executed the foregoing Lease Agreement, and acknowledged before me that he executed that Lease Agreement. WITNESS my hand and official seal in the County and State named above on this 31st day of July, 1970. NOTARY PUBLIC My Commission Expires: Notary Public. State of Florida at large My Commission Expires Oct 18, 1972 Bonded By American fire & Casualty Co. CALDWELL AND HOVIS. ATTORNEYS AT LAW. I WESTGATE PLAZA DRIVE. CLERMONT. FLORIDA 32711