Loading...
2002-16 '- . , . . . . ~ . . . {,{5/D/f LEASE AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND THE CITY OF CLERMONT FOR A SHERIFF'S SUBSTATION AT 882 DeSoto Street, Clermont, Florida This is a Lease Agreement between: Lake County, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY" through its Board of County Commissioners; and the City of Clermont, its successors and assigns, hereinafter referred to as "LANDLORD". WITNESSETH: WHEREAS, Chapter 125 Flo~ida Statutes, County Government, subsection 125.01(3)(a), and Section 125.031, authorizes COUNTY to lease real property; and WHEREAS, Chapter 125, Florida Statutes, County Government, subsection 125.01(1)(c), authorizes COUNTY to provide and maintain County Buildings; and WHEREAS, LANDLORD owns real property in Lake County,. Florida, on which is located certain commercial office space; and WHEREAS, COUNTY desires to lease the said commercial office space from LANDLORD for the purpose of a Sheriff's substation, and LANDLORD desires to lease the said space to COUNTY for such purpose; NOW, THEREFORE, IN CONSIDERATION of the promises, payments, and mutual covenants hereinafter contained, the parties do agree as follows: Section 1. Recitals. The above recitals are true and correct and incorporated herein. , . . . . . '. Section 2. Leased Premises. LANDLORD, for and in consideration of the . terms and conditions herein contained to be kept, performed, and observed by COUNTY, and for and in consideration of the rent provided for in Section 4, does lease to COUNTY, and COUNTY does rent and accept from LANDLORD for use as a general office building, the following real property which street address is 882 DeSoto Street, Clermont, excluding space now occupied by the Clermont Volunteer Fire Department. Section 3. Lease Term. The term of this Lease shall be one (1) year commencing on December 1, 2002 and terminating on November 30, 2003 or sooner as provided herein. This Lease may be renewed by mutual consent of the parties for three one (1) year renewals. Renewals shall be approved by a written memorandum executed by the County Manager on behalf of the COUNTY and by the City Manager on behalf of the LANDLORD. Formal action by either party shall not be necessary to renew this Lease. . Section 4. . Rent and Termination. A. COUNTY agrees to pay to LANDLORD, subject to annual appropriation by the Board of County Commissioners, the sum of $2,000 per month for the initial term of the lease. Renewals shall be at the same amount unless the parties agree to an increase. Any increase not exceeding three percent (3%) of the initial Lease rent shall be approved in writing by the County Manager on behalf of the COUNTY and by the City Manager on behalf of the LANDLORD at the same time as the renewal. B. This Lease may be terminated by COUNTY for any reason upon providing a ninety (90) day advance written notice to LANDLORD. C. The monthly sum shall be payable in advance no later than the fifth (5th) day of each month. Failure to pay rent when due constitutes default under the terms of this Lease. . 2 . .. . . ..' . Rental payments shall be made to LANDLORD at Clermont City Hall, P.O. Box 120219, . Clermont, FL 34712-0219 or such other place as designated by LANDLORD in writing. Section 5. Condition of Premises and Redelivery of Premises. COUNTY hereby accepts the leased premises in the condition they are in at the beginning of this Lease. Upon the termination of this Lease, COUNTY shall surrender the premises to LANDLORD in as good a condition as when received, ordinary wear and tear excepted. The parties have examined the premises prior to execution of this Lease agreement. Section 6. Repairs and Maintenance. LANDLORD shall maintain and repair, as necessary, the leased premises, including but not limited to, the exterior and roof of the structure located on the leased premises, existing plumbing, heating, ventilating and air conditioning equipment, electrical wiring, existing landscaping, and parking area. COUNTY shall have no responsibilities for repairs and maintenance to above stated items. The LANDLORD shall not be . responsible for operation and maintenance of the existing emergency generator. The COUNTY is entitled to use of generator on an "as-is" basis and is responsible for any and all necessary repairs and maintenance. Section 7. Warrantv of Title. Warranty of Habitability, and Covenant of Quiet Enjoyment. A. LANDLORD hereby warrants and covenants that it owns the leased premises in fee simple. B. LANDLORD hereby warrants and covenants that the leased premises are habitable and fit for use as commercial office space. C. LANDLORD hereby warrants and covenants that COUNTY, upon the payment of the rent and performance of all terms and conditions of this Lease, shall have possession of the . leased premises, subject to the terms of this Lease. , .) '. . . . . Section 8. Utility and Janitorial Charges. COUNTY shall be responsible for arranging . for and paying for all utility services required on the leased premises. COUNTY shall be responsible for all janitorial services. Section 9. Destruction of Premises. In the event the leased premises shall be partially or totally destroyed or so damaged or injured by fire or other casualty that the premises shall be rendered untenantable during the term of this Lease, then either party may cancel this Lease. The cancellation herein mentioned shall be evidenced in writing. Additionally, in the event of such damage or destruction, the rent under this Lease shall be abated for the time during which the leased premises may not be used by COUNTY. COUNTY shall be entitled to receive a pro rata refund out of any advance rent paid by it for the period during which the premises were unusable by reason of destruction or damage. Section 10. Assignment and Subletting. Without the prior written consent of . LANDLORD, COUNTY may not assign this Lease, or sublet or grant any concession or license to use the leased premises or any part thereof. The consent by LANDLORD to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of LANDLORD or assignment or subletting by operation of law, shall be void and shall, at LANDLORD's option, terminate this Lease. Section 11. Sale or Transfer of Lease Premises. Any sale or transfer of the leased premises by LANDLORD, its assigns or successors, shall be made subject to this Lease. Section 12. Default by COUNTY. If COUNTY shall default in the performance of any covenant of this Lease on its part to be performed, and should such default continue for a period of fifteen (15) days after LANDLORD shall have given COUNTY written notice of the existence of . such default, LANDLORD may terminate this Lease and COUNTY shall forfeit all rights 4 ., . . . '. hereunder unless COUNTY shall commence such action as may be necessary to cure such . default and proceed with such action in a prompt and expeditious manner within fifteen (15) days after receiving written notice of such default. Section 13. Default by LANDLORD. If LANDLORD fails to fulfill any of the terms, covenants, or conditions specified to be done by LANDLORD under the terms of this Lease, then, except in cases otherwise provided for in the Lease, and in addition to any and all other rights and remedies which may be available to COUNTY, COUNTY may make, do, or cause to be done such things as are necessary to cure LANDLORD's default, at LANDLORD's expense, after giving not less than fifteen (15) days written notice to the LANDLORD of LANDLORD's default and of COUNTY's intention to cure LANDLORD's default. Said expenses shall be deducted from the monthly rental payment. Section 14. Waiver of Default. A waiver by LANDLORD or COUNTY of a breach of any . covenant or duty of LANDLORD or COUNTY under this Lease is not a waiver of a breach of any other covenant or duty of LANDLORD or COUNTY, or of any subsequent breach of the same covenant or duty. Section 15. Notices. A. All notices, demands, or other writings in this Lease provided to be given or made or sent, or which may be given or made or sent, by either party hereto to the other, shall be deemed to have been fully given or made or sent when in writing and addressed as follows: LANDLORD: COUNTY: Wayne Saunders, City Manager City of Clermont P.O. Box 120219 :s Clermont, Florida ~4712-0219 County Manager Lake County Admin. Building 315 West Main Street P.O. Box 7800 Tavares, Florida 32778-7800 . 5 .' . . , . B. Parties may designate other addresses to receive notices by notifying, in writing, . the other party in a manner designated for the giving of notice hereunder, C. All notices required, or which may be given hereunder, shall be considered properly given if (1) personally delivered, (2) sent by certified United States mail, return receipt requested, or (3) sent by Federal Express or other equivalent overnight letter delivery company. D. The effective date of such notices shall be the date personally delivered, or if sent by mail, the date signed for, or if sent by overnight letter delivery company, the date the notice was delivered by the overnight letter delivery company. Section 16. Entry for Inspection and Repairs. LANDLORD shall have the right to enter the leased premises for inspection at all reasonable business hours, and whenever reasonably necessary to make repairs and alterations to the leased premises. LANDLORD has inspected premises prior to the execution of this new lease agreement. . Section 17. Waste, Nuisance, or Unlawful Use. COUNTY agrees that it will not commit waste on the premises, or maintain or permit to be maintained a nuisance thereon, or use or permit the leased premises to be used in an unlawful manner. Section 18. Insurance. LANDLORD shall maintain insurance on the PREMISES covering any loss resulting from damage to the building not attributable to COUNTY. Section 19. SiQns. COUNTY may erect and maintain a sign in the following location: One ground sign on each street frontage (West Avenue and DeSoto Street) not to exceed 18 square feet each and meeting all other sign regulations. Section 20. Use of Premises. The leased premises may be used by COUNTY for a Sheriff's substation. Additional uses must be approved by the City Council. The angle parking adjacent to the building site along West Avenue and the spaces adjacent to the north side of the . 6 . . . . .' . building may be posted as reserved. The parking area east of the building is restricted and may . not be used by COUNTY. No outside storage shall be allowed. Section 21. Alterations and Improvements. Upon execution of this new lease agreement, COUNTY shall make no alterations to the buildings on the leased premises or construct any building or make any other improvements on the leased premises without the prior written consent of LANDLORD. All alterations, changes and improvements, built, constructed, or placed on the leased premises by COUNTY, with the exception of fixtures removable without damage to the leased premises and moveable personal property, shall, unless otherwise provided by written agreement between LANDLORD and COUNTY, be the property of LANDLORD and remain on the leased premises at the expiration or sooner termination of the Lease. Section 22. Delivery of Possession. If LANDLORD, for any reason whatsoever, . cannot deliver possession of the leased premises to COUNTY at the commencement of the lease term, as specified herein, this Lease, at COUNTY's option, shall be null and void. Section 23. Liens. COUNTY shall keep the leased premises free and clear of any and all mechanics, materialmen's and other liens arising out of or in connection with work done, services performed or materials or appliances used or furnished in connection with any operations of COUNTY. Any alterations, improvements, repairs, additions, work, or construction which COUNTY may make, permit, or cause to be made on or about the leased premises shall at all times be promptly and fully paid. Section 24. Severability. If any term or provision of this Lease shall be declared by a court of law to be invalid or unenforceable, the remaining terms or provisions of this Lease shall remain valid and enforceable. . 7 . . . . . . . . . Section 24. Time of the Essence. Time is of the essence of this Lease, and of each and every covenant, term, condition, and provision thereof. Section 26. Entire AQreement. This Lease contains all the agreements between the parties hereto, and it may not be modified in any manner other than by agreement in writing signed by all of the parties hereto or their successors and assigns. The term, covenants, and conditions contained herein shall inure to the benefit of and be binding upon COUNTY and LANDLORD and their respective successors and assigns, except as may be otherwise expressly provided in this Lease. Section 27. Amendments. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, unless otherwise stated herein. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: LAKE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the 3~cJ day of ~renî~( , 2002 and the CITY OF CLERMONT through its CITY COUNCIL, signing by and through its Mayor, by Council action on the day of ,2002. 8 r P. ", . . Lease Agreement Between Lake County, Florida and the City of Clermont for 882 Desoto Street, Clermont . COUNTY: LAKE COUNTY, through its BOARD OF COUNTY COMMISSIONERS ~~ Welton G. Cadwell, Chairman ATTEST: ~ ^ _. James C. atkins, Clerk of the oard Of County ommissioners of Lake County, Florida .A . legality: ~. Sanford A. Minkoff Lake County Attorney . 9 - .0. . '.,. . . Lease Agreement Between lake County, Florida and the City of Clermont for 882 Desoto Street, . Clermont ATTEST: APPROVED AS TO FORM AND LEGALITY: . &~ ~<- Robert D. Guthrie, City Attorney ~. LANDLORD: CITY OF CLERMONT ~~~~Q Harold S. Turville, Mayor This day of 2002. 10 ..... . . DEPARTMENT OF PUBLIC WORKS . POBOX 7800 123 North Sinclair Avenue TAVARES FLORIDA 32778-7800 December 18, 2002 Ms. Teresa Studdard City of Clermont P. O. Box 120219 Clermont, Florida 34712-0219 Re: Lease Ag reement for 882 DeSoto Street Dear Tereså: . Receptionist/Information. FAX (352) 253-4920 SUNCOM 659-1900 Director's Office Englneenng DIvIsion Map Sales Right-of-Way Road Operations DIvIsion SpeCIal Services Division Administration Mosquito/Aquatic Plant Mgt. Stormwater Management (3521 253-4900 1352; 253-4905 1352) 253-4944 (3521 253-4970 (352) 253-4943 (3521 253-4980 (3521 253-490ï (352) 253-4905 (352) 343-9682 (3521 253-4900 Enclosed is the fully executed lease agreement for 882 DeSoto Street location. Thank you for your assistance in completing this agreement. Please call me at 253-4959 if I can be of any future assistance. . Sincerely, ~~ Debi Tinis Facilities Financial Manager . DISTRICT ONE JENNIFER HILL DISTRICT TWO ROBERT A. POOL DISTRICT THREE DEBBIE STIVENDER DISTRICT FOUR CATHERINE C. HANSON DISTRICT FIVE WELTON G. CADWEll