Contract 2023-066A2023-066A
FIRST AMENDMENT TO LEASE
Q THIS FIRS AMENDMENT TO LEASE (the "First Amendment") is entered into this
day of �ti , 2023 by and between THE CITY OF CLERMONT, a
municipal corpora on, existing under the laws of the State of Florida, whose address is 685 West
Montrose Street, Clermont, Florida 34711 ("Lessee"), and the SCHOOL BOARD OF LAKE
COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 201 West
Burleigh Blvd., Tavares, Florida 32778 ("Lessor").
WITNESSETH:
WHEREAS, Lessee and Lessor are parties to that certain Agreement (the "Lease
Agreement"), dated August 10, 1998 for certain real property used and maintained use by the
Lessee for public park purposes and commonly known as McKinney Park (the "Premises");
WHEREAS, the Lease Agreement terminates by expiration on or about June 30, 2023;
WHEREAS, Lessee and Lessor are negotiating and intend to enter into a purchase and sale
agreement whereby Lessee will purchase the Premises from Lessor; and
WHEREAS, Lessor and Lessee desire to amend and modify certain terms and conditions
of the Lease Agreement as set forth below.
NOW, THEREFORE, the parties hereto do hereby agree, in consideration of the above,
and the promises and undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as if set forth
below.
2. This First Amendment expressly modifies the Lease and in the event of a conflict,
the terms and conditions of this First Amendment shall prevail.
3. Paragraph 2 of the Lease Agreement, therein identified as "Term", is hereby
amended to be replaced in its entirety by the following:
2. Term. The Lease Term shall be extended and remain in effect until
June 30, 2024 or until such time as the Lease is terminated as provided
herein or the Lessee acquires ownership of the Premises.
4. Paragraph 3 of the Lease Agreement, therein identified as "Termination", is hereby
amended to be replaced in its entirety by the following:
3. Termination. The Lease Agreement may be terminated at any time
by either party, with or without cause, by delivering written notice to the
non -terminating party no less than thirty (30) days prior to the effective date
of such termination.
5. Paragraph 6 of the Lease Agreement, therein defined as "Lease Payment", is
hereby amended to be replaced in its entirety by the following:
6. Lease Payment. Lessee shall pay to Lessor the sum of One Dollar (S 1.00)
each year, payable in advance of the next lease year.
6. This First Amendment and the Lease shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, heirs, and assigns.
7. This First Amendment may be executed in one or more facsimile or original
counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
8. All other terms and conditions set forth in the Lease shall remain in full force
and effect and unchanged as agreed to by the parties. From and after the Effective Date, all
references to the term "Lease" in this First Amendment and in the Lease shall include the terms
contained in this First Amendment.
IN WITNESS WHEREOF, the parties have executed this Agreement on and as of
the dates set forth below.
CITY OF CLERMONT, FLORIDA
ATTEST:
By: By:
Tracy Ackroyd Howe, City Clerk Tim Murry, Mayor
Date:
SCHOOL BOARD OF LAKE COUNTY, FLORIDA
ATTEST:
By: By:
Diane . Komegay, Su rintendent �S
W i 11 town J. i'b14�`rd
Date: member
5. Paragraph 6 of the Lease Agreement, therein defined as "Lease Payment', is
hereby amended to be replaced in its entirety by the following:
6. Lease Payment. Lessee shall pay to Lessor the sum of One Dollar ($1.00)
each year, payable in advance of the next lease year.
6. This First Amendment and the Lease shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, heirs, and assigns.
7. This First Amendment may be executed in one or more facsimile or original
counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
8. All other terms and conditions set forth in the Lease shall remain in full force
and effect and unchanged as agreed to by the parties. From and after the Effective Date, all
references to the term "Lease" in this First Amendment and in the Lease shall include the terms
contained in this First Amendment.
IN WITNESS WHEREOF, the parties have executed this Agreement on and as of
the dates set forth below.
ON
By ;'
ATTEST:
By:
M4
City Clerk
Diane S. Komegay, Superintendent
CITY OF CLERMONT, FLORIDA
By:
Tim M7f7yo",
Date: _ % Zta Z3
SCHOOL BOARD OF LAKE COUNTY, FLORIDA
�0
Marc Dodd, Chairperson
Date:
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the "First Amendment') is entered into this
3 day of } �) n (2--, , 2023 by and between THE CITY OF CLERMONT, a
municipal corporation, existing under the laws of the State of Florida, whose address is 685 West
Montrose Street, Clermont, Florida 34711 ("Lessee"), and the SCHOOL BOARD OF LAKE
COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 201 West
Burleigh Blvd., Tavares, Florida 32778 ("Lessor").
WITNESSETH:
WHEREAS, Lessee and Lessor are parties to that certain Agreement (the "Lease
Agreement'), dated August 10, 1998 for certain real property used and maintained use by the
Lessee for public park purposes and commonly known as McKinney Park (the "Premises");
WHEREAS, the Lease Agreement terminates by expiration on or about June 30, 2023;
WHEREAS, Lessee and Lessor are negotiating and intend to enter into a purchase and sale
agreement whereby Lessee will purchase the Premises from Lessor; and
WHEREAS, Lessor and Lessee desire to amend and modify certain terms and conditions
of the Lease Agreement as set forth below.
NOW, THEREFORE, the parties hereto do hereby agree, in consideration of the above,
and the promises and undertakings hereinafter set forth, as follows:
1. The above recitals are true and correct and are incorporated herein as if set forth
below.
2. This First Amendment expressly modifies the Lease and in the event of a conflict,
the terms and conditions of this First Amendment shall prevail.
3. Paragraph 2 of the Lease Agreement, therein identified as "Term", is hereby
amended to be replaced in its entirety by the following:
2. Term. The Lease Term shall be extended and remain in effect until
June 30, 2024 or until such time as the Lease is terminated as provided
herein or the Lessee acquires ownership of the Premises.
4. Paragraph 3 of the Lease Agreement, therein identified as "Termination", is hereby
amended to be replaced in its entirety by the following:
3. Termination. The Lease Agreement may be terminated at any time
by either party, with or without cause, by delivering written notice to the
non -terminating party no less than thirty (30) days prior to the effective date
of such termination.
5. Paragraph 6 of the Lease Agreement, therein defined as "Lease Payment", is
hereby amended to be replaced in its entirety by the following:
6. Lease Payment. Lessee shall pay to Lessor the sum of One Dollar ($1.00)
each year, payable in advance of the next lease year.
6. This First Amendment and the Lease shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, heirs, and assigns.
7. This First Amendment may be executed in one or more facsimile or original
counterparts, each of which shall be deemed an original and both of which together shall
constitute one and the same instrument.
8. All other terms and conditions set forth in the Lease shall remain in full force
and effect and unchanged as agreed to by the parties. From and after the Effective Date, all
references to the term "Lease" in this First Amendment and in the Lease shall include the terms
contained in this First Amendment.
IN WITNESS WHEREOF, the parties have executed this Agreement on and as of
the dates set forth below.
"ATTE
,
+ . r By:
Tracy Ackroyd Howe, City Clerk
ATT;omeg
By:.�
DSuperintendent
CITY OF CLERMONT, FLORIDA
C.�
By:
Tim Murry, Mayor
Date: = a P
SCHOOL BOARD OF LAKE COUNTY, FLORIDA
By:
Date: —� a -a �ii1�i U wlat rL