1968-05LEASE
On this June 3rd 1968, Griffin-Johnston Corporation,
a Florida Corporation, and George Hovis of Clermont, Florida,
Leasee. both having their principal place of business in Clermont,
Florida, each in consideration of of the agreements, conditions and
covenants hereinafter set forth and to be performed by the other, here-
by agree
1. PROPERTY AND TERMS: The Lessor hereby leases to the Leasee, the
lower floor level of a two story concrete block building occupied on
the upper floor by First Federal Savings and Loan Association of Clermont.
Florida. Located on the north east corner of Blocks 99 ad 100 in the
City of Clermont, Florida.
Together with a joing easement with Lessor and its other Leasees
during the term of this lease, 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.
For the term of ten (10) years beginning at 12:01 A.M. on February 1,
1968 and ending at 11:59 P. M. on January 19, 1978.
1. In addition to the annual rent as provided in #2 hereinafter,
the Lessor and Leasee agree: (1) Lessee will pay all operating expenses
of the year-round air conditioning system, and lessor and leasee will pay
on a 50/50 basis, the maintenance expenses thereof. (2) Lessee shall pay
all utilties and licenses.
2. Rent. The Lessee will pay to the Lessor as rent for said lower level
of said building and the year-round air conditioning equipment during the
term of this lease, and Annual Rent of $1,838.60 per annum for each of the
first and second years, and an Annual Rent of $2,181.60 per annum for each
of the eight years following, payable in monthly installments of $162.80
each month for the first two years and $177.80 per monthe for the succeeding
eight years. Monthly installments are due and payable on the first day
of each and every month during said term. Receipt of the installents for
the months of February, March, April and May are hereby acknowledged.
3. Repairs. The Lessor will maintain the exterior of the building
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 interior ceilings, walls, floors, fixtures,
pipes and doors, in good and substantial repair. Interior fixtures and
pipes are those that project from the celings, walls and floors into
the roon, exterior fixtures and pipes included those concealed behind, over,
or under the interior ceilings, walls and floors. The agreements to repair
in 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 property is damaged
by fire or other casualty (casualty shall also include hurricane and wind-
storm damage) to the extent of fifty per centum (50%) or more, the lessor
shall have the option to rebuild and repair the leased property, 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 impairment 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 Lessee will use the property for the sole purpose
of Professional Offices.
6. Assignment or sub-leasing. Lessee may not assign or sub-lease without
written consent of Lessor. The Lessor will fully corporate with Lessee
if and 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 # on page 1, at all reasonable times.
8. Signs. All signs, on the building, its windows, or on the property
abutting the building shall first be approved by the lessor. This 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 or blind vehicular or pedestrian traffic
or signs of any other business in any part of the balance of the herein
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 sublessee, 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-
ance 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 re-lease 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 re-leasing 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. 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 up said premises at
the end of said term in as good condition as they are upon orginal occupancy
(ordinary wearm decatm and damage by the elements only excepted)
(12 a) All equipment, fixtures and furnighings, and all other property
erected or installed in said leased premises by the lessee may be removed
by the lessor 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 performance of the covenants hereof,
and provided further, the building shall be left by the lessee substantially
as well equipped as it is in 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 premises; and provided further, that the
removal of any such property shall be effected on or before the expiration
of said term, and all damage caused to said premises by such removal shall
be repaired by the lessee on or before the expiration of said term.
11. TAXES INSURANCE AND LIABILITY Leaeee will pay all intangible taxes
duly levied and assessed against Lessee's personal property. Lessee
will pay all use taxes assessed by the State. Lessor will pay all real
property taxes levied and assessed and if so not paid lesse may pay
same and deduct from annual rent on the following monthly installment
payment date, first advising in writing lessor of such intention at least
ten (10) days Prior to paying same
(13 a) 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, .maintenance,.
oepration, unsafety of condition of any sign or signs or any part thereof, or
any device or appliance used in connection therewith.
(13 b) 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 the lessee agrees to indemnify and save
harmless the lessor from any claim or any person of inuries to life,
person or property by reason of anything done, or permitted to be done or
suffered, or omitted to be done, by the leesee in and about the occupation
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 anytime those using said areas who are not
the employees, customers, patrons, or agents of the lessee
14. BENEFICIARIES: This lease shall be binding upon and shall inure to
the benefit of the assigns successors to the respective parties hereto.
IN WITNESS WHEREOF the Lessor and Lessee have caused this Lease to be
signed in their name and the name of the Lessor by their President and
their respective seals to be affixed, the day and year first above written.
Witnesses
Griffing-Johnston Corp.
By:
President
as to Lessor
George Hovis
as to Lessee
that Richard R Johonston, Jr., as President of Griffin-Johnston Corp.,
a Florida Corporation, to me personally known, this day acknowledged
before as that he executed the foregoing lease as such officer of said
corporation and I further certify that I know the said person making
said acknowledgements 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 10th day of June 1968
Notary Public
Ida M Bruch
Notary Public, Lucas County, Ohio
My Commi8ssion Expires Apr 28, 1969
State of Florida County of Lake
I, an officer authorized to take acknowledgments according to the
laws of the State of Florida, duly qualifies and acting, hereby certify
that George Hovis of Clermont Florida to me personally known, this day
acknowledged before me that he executed the foregoing lease and I further
certify that I know the said person making said acknowledgements 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 June 3 1968
notary public
my commission expires
February 17, 1969
Mr. George Hovis, Attorney at Law,
Caldwell. Hovis,
First Federal Bldg.,
Clemont, Florida
Re; Modification of Lease dated June 3, 1968.
Dear George
Confirming verbal agreement, Griffin-Johnston grants you the
privilege of modifying your office arrangement to suit your
present needs on the following conditions. You to direct the
ordering and performance of the work of remodelling and the
acceptance of the same. We to furnish the funds.
With the check enclosed herewith for $425.18 we have now financed
the work by depositing with you in your George Hovis Trust Account
the total sum of $4,925.18 as covered by the attached exhibit
marked APPENDIX A. You are to pay all bills and will hold
Griffin-Johnston harmless from Liens for Labor and Materials
for this project.
In consideration of the aforesaid, you hereby agree to increased
rent payments above those set forth in paragraph 2 of Lease dated
June 5, 1968 to wit; All of paragraph 3 shall be deleted and
replaced by a new paragraph reading as follows:
2. RENT: The Lessee will pay to the Lessor as rent for said
lower level of said building and the year-round airconditioning
equipment during the term of this Lease, an annual RENT of
$2 .681.48 for the period beginning January 1, 1969 and ending
December 91, 1969, payable monthly at the rate of $219.29 per
month, and an annual RENT of $2 ,931.48 from January 1, 1970 to
December 31, 1978, payable monthly at the rate of $244.29 per
month. Monthly installments are due and payable on the first
of each and every month during said term.
It is further agreed that the termination date under paragraph
one shall be changed to December 31, 1978.
Should you decide to. include Mr. Roy Caldwell on the Lease, I .
presume this can be handled by a covering letter, which we suggest
you prepare.
Your acceptance below will constitute a binding revision of the
Lease dated June 5, 1968.
Sincerely
Griffin-Johnston Corp
Sec.-Treas.
ACCEPTED THIS 18th day of February 1969.
George E. Hovis