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1998-70 . r: ~. J" . ,. , . . ,ø? qrl,g AGREEMENT This is an Agreement by and between the SCHOOL BOARD OF LAKE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as LESSOR), 201 West Burleigh Boulevard, Tavares, Florida 32778, and the CITY OF CLERMONT, a Florida municipal corporation (hereinafter referred to as LESSEE), P.O. Box 120219, Clermont, Florida 34712-0219. NOW THEREFORE, in consideration of their mutual promises and covenants made herein, and for other good and valuable consideration, LESSOR leases the real property described herein to the LESSEE, and the parties hereby agree as follows: 1. Lease. LESSOR leases to LESSEE the real property described in Exhibit "A" attached hereto. 2. Term. The lease term is for a maximum of twenty-five (25) years commencing July 1, 1998, and terminating June 30, 2023. For every five thousand dollars ($5,000,00) of capital investment made by the LESSEE on the real property, a one-year lease is provided by the LESSOR up to the maximum of twenty-five (25) years. 3. Termination. A minimum one year notice shall be provided by the LESSOR to the LESSEE prior to termination of the lease, unless otherwise mutually agreed upon by the parties. Should the LESSOR terminate the lease prior to the lease term'oftwenty-five (25) years, the LESSOR will mitigate any capital losses of the LESSEE, up to the maximum amount of five thousand dollars ($5,000.00) per year for each remaining year of the lease term. 4. Use. LESSEE shall utilize the leased premises exclusively as a municipal park for recreational purposes. No other use may be made of the premises without the consent of the LESSOR. LESSEE shall not permit any unlawful use of the leased premises, nor shall any use be made thereof which would constitute a nuisance to the community or to surrounding property owners. 5. Structures. LESSEE may erect any structures, equipment, etc. on the leased premises, in the furtherance of the purpose of its use as a municipal recreational park. No permanent building shall be constructed on the premises without the written consent of the LESSOR. 6. Lease Payment. LESSEE shall pay to LESSEE the sum of one dollar ($1.00) each year, payable in advance of the next lease year. 7. Liability Insurance. LESSEE shall maintain liability insurance on the leased premises under its blanket municipal liability insurance coverage. . < . > . . 8. Indemnification. LESSEE agrees to indemnify and hold harmless the LESSOR for any loss or damage occasioned by any negligent act or omission of LESSEE, together with any court costs and reasonable attorney's fees incurred by LESSOR in the defense of any claim to which the indemnification provisions of this paragraph would apply. 9. Renewal. The parties hereto may renew this lease upon terms and conditions mutually agreed upon, provided, however, that no renewal of this lease shall occur automatically, and to effectuate renewal of this lease, the parties shall enter into a separate, written agreement memorializing the renewal. 10. Material Breach If LESSEE materially breaches any term, condition or covenant of this lease, LESSOR may re-enter the leased premises and take possession thereof, and terminate this lease. If LESSEE refuses to turn over possession of the premises to LESSOR, then LESSOR may file an action for eviction to recover possession and in any such action shall be entitled to recover its reasonable court costs and attorney's fees. IN WITNESS WHEREOF, the parties have signed this agreement. Dated this / {J Cfrv day of ~~ , 1998. ~r ç(c/JC , ¡err ~ J løIthv Witness ~r:. l /. K~ ØJ1Át ~w¡ -.:;jr ~ Witness SCHOO~LAKÉCOUNTY NAME: ' Randall E. Wiseman, Board Chairman NAME: /t i.-i-YL, R. Jerry Smith, Superin endent Dated this day of AvJ(J<' f , 1998. ,J.5Jh ~~~¿ ~p~W~ Witness \ ~~~¿2 ¡Û~ Robert A. Pool, Mayor '. 1'" ~: . . STATE OF FLORIDA COUNTY OF LAKE T e foregoing Agreement was acknowledged before me this2?:::b( day of , 1998, by ROBERT A. POOL, as Mayor, of the CITY OF CLER NT, a Florida municipal corporation, on behalf of said corporation, who is personally known to me. Q/l/1/1/1 £~~~ . o:A\9 N S. WHITLOCK Notary PublIc:t; ~ cm"'~~I!:"lr t r:C556092 % i3 ~^¡-,nes ~Ul 7,2000 '~O P\.~ BONOEOTHRU f ATLANTIC SaNDING co., INC. STATE OF FLORIDA COUNTY OF LAKE Th foregoing Agreement was acknowledged before me this ~ day of , 1998, by RANDALL E. WISEMAN, Board Chairman f SCHOOL BOARD OF LAKE COUNTY on behalf of said school board, who is personally known to me. Official Seal ~'-""" MARJORIE F. LaROE ~\ Notary Public, SMa of clorlda <;\ My comm. expires September 7, 2001 : Coml'1 No CC678292 .' ~ ~ cf/G- No Public STATE OF FLORIDA COUNTY OF LAKE y" The regoing Agreement was acknowledged before me this ~ day of r, 1998, by R. Jerry Smith, Superintendent, of SCHOOL B ~RD OF LAKE COUNTY on behalf of said school board, who is personally known to me. OIIIC;"; Seal .,-_....... MARJORIÉ F. LaROE 'Q\ Notary ï'lIb:IC, Staid cf clarida \ My comm e~p¡ras Sapt:rr'b€r 7. 2001 f);' Co,-.fT¡ t~a C(,b:~'~.~ .' ~~ ,/o?ß Not blic , ~. ,"" A.' . . EXHIBIT "A" LEGAL DESCRIPTION LOT 1, BLOCK S, CITY OF CLERMONT, ACCORDING TO THE MAP OF THE TOWNSITE OF CLERMONT, RECORDED IN PLAT BOOK 3, PAGE 5, -. - PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. . . ~. ~ ~ LAA ~COUNTV ~ SCHOOLS .intendent: Dr. R. Jerry Smith School Board Members. District 1 Randall E. Wiseman District 2 Mary H. Fletcher District 3 Tom Chapman District 4 Jimmy Conner District 5 Kyleen Fischer Leading Our Children To Success 201 West Burleigh Boulevard. Tavares. FL 32778-2496 (352) 343-3531. Suncom 660-1011. Fax: (352) 343-0198 August 11, 1998 Wayne Saunders, City Manager City of Clermont P. O. Box 120219 Clermont, FL 34712-0219 RE: lease Agreement for Portion of Elementary School Site Dear Wayne: Enclosed please find the original signed Lease Agreement between the City of Clermont and the Lake County School Board to lease a portion of the elementary school site not currently in use which was signed at the Regular School Board Meeting August 10, 1998. Please complete the required signatures, make a copy for your files, and return the original to Marjorie F. LaRoe, Executive Secretary to the Superintendent/Clerk to the Board. Thank you for your assistance and hard work on this project which promises to provide an exciting new resource for the community in the McKinney Recreation Area. Sincerely, Enclosure "Equal Opportunity in Education and Employment"