Loading...
1977-05 . LEASE AGREEMENT THIS LEASE AGREEMENT made and entered into this d...;L~y of ~~-' , A.D., 1977, in duplicate, by and between the CITY OF CLERMONT, a municipal corporation, party of the first part, hereinafter referred to as the Lessor, and the CLERMONT GARDEN CLUB, party of the second part, hereinafter referred to as Lessee. WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Lake County, Florida, described in Appendix "A". IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE RESPECTIVE PARTIES HERETO: I. TERM TO HAVE AND TO HOLD the premises described in Appendix "A" for a term of 50 years, commencing on the 1st day of April, A.D., 1977, and ending on the 31st day of March, A.D., 2027. II. OPTION TO RENEW Lessee is herewith given the option to renew the term of this Lease for an additional period of ten (10) years commencing upon the expiration of the original term under the same terms and conditions as are set forth herein for the original term hereof, by giving Lessor written notice thereof not more than six (6) months nor less than three (3) months prior to the expiration of the term of the Lease as set out in Article I. I II. RENTALS I The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the premises described in Appendix "A" for the term set out in this Lease and the Lessee agrees to pay to the Lessor the sum of One Dollar ($1.00) per annum payable on the first day of April of each year. The rentals shall be paid to the Lessor at Clermont, Lake County, Florida. IV. MAINTENANCE AND REPAIRS That the Lessee shall provide for all maintenance and repairs to the premises and improvments thereto. HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711 . I V. UTILITIES That the Lessee will promptly pay all gas, water, power and electric light rates or charges which may become payable during the term of this Lease for the gas, water and electricity used by the Lessee on the premises. VI. INJURY OR DAMAGE TO PROPERTY ON PREMISES That all property of any kind that may be on the premises during the continuance of this Lease shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to the property or to any person on the premises. VII. FIRE AND OTHER HAZARDS In the event that the demised premises, or the major part thereof, are destroyed by fire, lightning, storm or other casualty, the Lessee shall repair all damage at its own cost and expense. VIII. SUBLETTING AND ASSIGNMENT The Lessee shall not sublet any of the demised premises or assign this Lease without the written consent of Lessor. IX. WAIVER OF DEFAULTS The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. X. BREACH OF COVENANT These presents are upon this condition, that except as provided in this Lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, and such default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the demised premises, or any part thereof, and repossess the same as of their former estate and expel the Lessee and remove its effects forecefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might otherwise by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711 . I XI. INSURANCE Lessee shall carry fire insurance on the demised premises in an amount equal to the value of the building. XII. NOTICES All notices required to be served upon the Lessor shall be served by registered or certified mail, return receipt requested, at the City of Clermont, 1 Westgate Plaza Drive, Clermont, Florida 32711 and all notices required to be served upon the Lessee shall be served by registered or certified mail, return receipt requested, at the address of the Lessee at Clermont, Florida. XIII. LIABILITY INSURANCE The Lessee agrees to obtain liability insurance in the amount of $100,000.00 for personal liability and $20,000.00 for property damage to jointly protect the Lessor and the Lessee. XIV. HOLD HARMLESS CLAUSE The Lessee further agrees to save harmless the Lessor, its officers, agents and servants and each and everyone of them against and from all suits and costs of every name and description and from all damages to which the Lessor, or any of its officers, agents or servants may be put by reason of this Lease. XV. DEFINITION OF TERMS a. The terms "lease", "lease agreement" or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this Lease. b. The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purposes herein expressed, the day and year above written. ATTEST: ::~ OF {Q~ C. E. 'sMOAK, JR. - MAYOR By: O~APd 1; ~~. DOLORES CARROLL - CITY CLERK l/U'J /-i/c/.!fi a0; ~ aJ CLERMONT GARDEN CLUB ~~~ By: HOVIS AND BAIRD, ATTORNEYS AT LAW, P.O. DRAWER 848, CLERMONT, FLORIDA 32711 - A P PEN D I X II A" Lots 10, 11, 12 and 13, Block 90, City of Clermont, Lake County, Florida . HOVIS AND BAIRD, ATTORNEYS AT LAW. 1 WESTGATE PLAZA DRIVE. CLERMONT. FLORIDA 32711