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2005-46LEASE This lease is made and entered into by and between DEODAT GUMAN, hereinafter referred to as LANDLORD, whose address is 9135 Pine Island Road, Clermont, FL 34711, and CITY OF CLERMONT, a municipal corporation, hereinafter referred to as TENANT, whose address is P.O. Box 120219, Clermont, FL 34712. SECTION ONE: DEFINITIONS Specific Definitions. As used throughout this Lease, the following terms have the following meanings; (A) Landlord: DEODAT GUMAN, hereinafter referred to as LANDLORD (B) Tenant: CITY OF CLERMONT, hereinafter referred to as TENANT (C) Premises: 428 Chestnut Street, Clermont, FL 34711 (D) Landlord's Notice Address: 9135 Pine Island Road Clermont, Florida 34711 (E) Tenant's Notice Address: P.O. Box 120219 Clermont, Florida 34711 (F) Term: 1 year, commencing on December 15, 2005, and ending on December 14, 2006, with an option to renew for 1 additional year with a 5% increase in rent (G) Base Rental: ELEVEN HUNDRED DOLLARS AND NO/100 DOLLARS ($1,100.00) per month together with sales tax, if applicable, payable in advance. Payments are due on the ls` day of each month with December prorated and due on the 15'h of December, 2005. (H) Real Estate Taxes: Landlord shall pay all the real estate taxes, assessed on the real property each year. (I) Utilities: Tenant shall pay water and sewer charge and pay power charge. • SECTION TWO: LEASING AND PAYMENT OF BASE RENTAL • LANDLORD leases to TENANT, and TENANT rents from LANDLORD, the premises for the term for the rent as defined in SECTION ONE. TENANT agrees to pay to LANDLORD each installment of base rental in advance on the first day of each month of the term with the rent for the first month of the term to be paid upon the execution of this Lease. The rent shall be paid by TENANT to LANDLORD, without deduction or offset, in lawful money of the United States of America, at 9135 Pine Island Road, Clermont, Florida 34711, or to such other location as LANDLORD may from time to time designate in writing. SECTION THREE: USE OF PREMISES The premises are leased to the TENANT for legal purposes. • SECTION FOUR: ALTERATIONS, MECHANICS' LIENS TENANT shall not make, directly or indirectly, any alterations without first obtaining the written consent of LANDLORD. Any alterations shall become at once a part of the realty and belong to the LANDLORD; subject, however, to TENANT'S right to remove trade fixtures as provided in SECTION TWELVE of this Lease. TENANT shall keep the premises and the building free from any liens arising out of any work performed, material furnished or obligations incurred by TENANT. SECTION FIVE; COMPLIANCE WITH LAW TENANT shall, at its sole cost and expense, comply with all laws pertaining to TENANT'S use of the premises, and shall faithfully observe all laws in the use of the premises. 2 SECTION SIX: INDEMNITY AND INSURANCE • A. Indemnity of LANDLORD. LANDLORD shall not be liable to TENANT for any damage to TENANT or TENANT' S property, and TENANT waives all claims against LANDLORD for damage to person or property from any cause except for those damages actually caused by the LANDLORD or LANDLORD' S failure to perform pursuant to this LEASE. To the extent permitted by law and without waiving any sovereign immunity TENANT may enjoy TENANT shall hold LANDLORD harmless from all damages arising out of any damage to any person or property occurring in, on, or about the premises leased by or under the control of TENANT or damages of every nature cause by TENANT regardless of the location. B. Public Liability and Property Damage Insurance. TENANT at its cost shall maintain public liability limits of not less than ONE HUNDRED THOUSAND • AND NO/100 DOLLARS ($100,000.00) and THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00) per occurrence, and tangible personal property limits of not less than TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) pre occurrence insuring against all liability of TENANT and its authorized representatives arising out of and in connection with TENANT'S use or occupancy of the premises. All Public Liability insurance and property damage insurance shall insure performance by TENANT of the indemnity provisions of this section. Both parties shall be primary insurance as far as LANDLORD is concerned. Nothing herein shall be construed or deemed a waiver of Tenant's sovereign immunity. C. Other Insurance matters. All the insurance required under this Lease shall: r1 LJ 1. Be issues by insurance companies authorized to do business in the State of Florida, with a financial rating of at least an A +3A status as rated in most recent edition of Beat's Insurance Reports, or as otherwise approved by LANDLORD. 2. Be issues as a primary policy. 3. Contain an endorsement requiring thirty (30) days' written notice from the insurance company to both parties before cancellation or change in the coverage, scope, or amount of any policy. 4. Be renewed no less than twenty (20) days before expiration of the term of the policy. Each policy, or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with LANDLORD at the commencement of the term and on each renewal of the policy. • SECTION SEVEN: PERSONAL PROPERTY TAXES All property taxes assessed by any governmental body upon TENANT' S personal property and TENANT'S improvements shall be paid by TENANT, upon demand, will pay such personal property taxes to LANDLORD who in turn will pay them to the property tax collector. SECTION EIGHT: REPAIR TENANT at TENANT'S sole cost and expense, shall keep the interior premises in good condition and repair. TENANT is responsible for light fixtures, light bulbs, A/C filters, inside plumbing, and any other fixtures or furnishing inside the premises. LANDLORD is responsible for the exterior of the premises, including roof, exterior walls, A/C unit, and exter. for plumbing. 4 SECTION NINE: RESTORATION OF PREMISES TENANT agrees that prior to the expiration of the term of the Lease, or upon earlier termination of the Lease, or upon TENANT'S unlawful abandonment of the premises, whichever occurs first, TENANT will leave the premises in the same condition as received, reasonable wear and tear, loss by fire or other casualty, and acts of God expected, and if TENANT made any alteration or improvement of the premises, with or without LANDLORD' S consent as required by the terms of this Lease, TENANT will in all cases restore the premises substantially to its original condition as of the inception of the term of this Lease (ear and tear, loss by fire or other casualty and acts of God expected) unless LANDLORD has expressly set forth in writing that a particular alteration or improvement shall not be removed. SECTION TEN: ENTRY BY LANDLORD . TENANT shall permit LANDLORD and its authorized representatives to enter the premises at all reasonable times for purposes of inspection, maintenance or making repairs or additions to, or alterations of, any other portion of the building. SECTION ELEVEN: ABANDONMENT OF PREMISES; TRADE FIXTURES TENANT shall not vacate or abandon the premises at any time during the term. If TENANT abandons, vacates, or surrenders the premises, or is dispossessed by process of law, or otherwise, any personal belongings to TENANT and left on premises shall be deemed to be abandoned, and, at the option of the LANDLORD, such property may wither by sold or removed and stored in any public warehouse or elsewhere at the cost of and for the account of TENANT. • 5 SECTION TWELVE: REMOVAL OF TRADE FIXTURES AT END OF TERM If TENANT shall fully and faithfully perform all of TENANT' S obligations under this Lease, then TENANT may, upon the request of LANDLORD shall, remove all trade fixtures installed in premises by TENANT at the expiration or termination of the term of this Lease, or any renewal of this Lease, provided that such removal may be effected without damage to the premises. SECTION THIRTEEN: HOLDING OVER Any holding over after the expiration of the term of this Lease without the consent of LANDLORD shall be construed to be a tenancy from month to month and TENANT shall be liable for treble rent as provided by Florida Statutes. SECTION FOURTEEN: GRACE PERIOD A. No default or breach of any of the covenants and conditions shall exist on • the part of LANDLORD or TENANT until the party claiming the default or breach shall serve upon the other a written notice, as provided in this Lease, specifying with particularity the default or breach. Any default or breach must be cured within 10 days. B. The foregoing period of grace shall not apply to rent payments or other payments required of TENANT under this Lease, the time of such payment being of the essence of this Lease. C. If either party shall be delayed or prevented from the performance of any act required by the Lease by any reason of acts of God, inability to procure materials, restrictive laws or other cause, without fault and beyond reasonable control of the party obligated (financial inability excepted), performance of such act shall be extended for a period equivalent to the period of such delay, provided, however, that nothing in this r1 l~ 6 section shall excuse TENANT from the prompt payment of any rent or other charge • required of TENANT except as may be expressly agreed upon between parties. SECTION FIFTEEN: LANDLORD'S REMEDIES UPON DEFAULT LANDLORD shall have the following remedies if TENANT commits a default. These remedies are not exclusive but are in addition to any remedies now or later allowed by law. A. LANDLORD shall have the right wither to terminate TENANT'S right to possession of the premises and thereby terminate this Lease or to have this Lease continue in full force and effect with TENANT at all times having the right to possession of the premises. Should LANDLORD elect to terminate TENANT' S right to possession of the premises and of the Lease, then LANDLORD shall have the immediate right of entry and may remove all persons and property from the premises. Such property so removed may be sold or stored in a public warehouse or elsewhere at the cost and for the account of TENANT. Upon such termination, LANDLORD, in addition to any other rights and remedies including rights and remedies under Florida Statutes, shall be entitled to recover from TENANT the unpaid rent for the balance of the term. B. LANDLORD may lease the premises to another person or entity and charge TENANT the difference between the sum of money LANDLORD would have collected from the Lease with TENANT and the sum of money LANDLORD projects collecting from the new tenant. LANDLORD agrees to use every reasonable effort to mitigate damages. C. Except for the payment of money as set out above, the term "default" shall not include technical defaults. • 7 SECTION SIXTEEN: TENANT'S REMEDIES UPON DEFAULT If LANDLORD commits default, the TENANT shall have the option of suing for money damages, canceling this Lease or suing for specific performance. SECTION SEVENTEEN: ATTORNEY'S FEES ON DEFAULT If either LANDLORD or TENANT shall obtain legal counsel or bring an action against the other by reason of the breach of any covenant, warranty or condition of this Lease, the unsuccessful party shall pay to the prevailing party reasonable attorney's fees, which shall be payable whether or not such action is prosecuted by judgment. The term "prevailing party" shall include, without limitations, a party who obtains legal counsel or brings an action against the other by reason of the other's breach or default, and obtains substantially the relief sought whether by compromise, settlement or judgment. SECTION EIGHTEEN: INSOLVENCY In addition to the above, the occurrence of any of the following events shall constitute a breach of this Lease by TENANT and a default under this agreement: (1) The appointment of a receiver to take possession of all or substantially all of the assets of TENANT. SECTION NINETEEN: TRANSFER BY LANDLORD; RELEASE FROM LIABILITY In the event LANDLORD shall sell or transfer the building or any part of it and as apart of such transaction shall assign its interest as landlord in and to this Lease, then from the effective date of such sale, assignment of transfer, LANDLORD shall have no further liability under this Lease to TENANT except as to any matters of liability that have accrued and are unsatisfied as of such date, it being intended that the covenants and ;~ 8 obligations contained in this Lease on the part of LANDLORD shall be binding upon LANDLORD only during its ownership of the fee or leasehold estate, as the case may be. SECTION TWENTY: NOTICES All notices to be given to TENANT may be given in writing personally, if to TENANT by delivery to the City Manager, or by depositing such notices in the United States mail, postage prepaid. SECTION TWENTY-ONE: SIGNS AND ADVERTISING TENANT shall not use the name of the building for any purpose other that as the address of the business conducted by the TENANT in the premises without the consent of LANDLORD. All signs of the premises must be approved by LANDLORD. SECTION TWENTY-TWO: ENTIRE AGREEMENT; AMENDMENT This Lease and riders attached contain all the agreements of the parties with • respect to the subject matter and cannot be amended or modified except by a written agreement to additional riders. SECTION TWENTY-THREE: SEVERABILTIY The invalidity, illegality, or unenforceability of any provision of this Lease shall not render the other provisions invalid, illegal, or unenforceable. SECTION TWENTY-FOUR: BINDING EFFECT ON SUCCESSORS The provisions of this Lease shall, subject to the provisions as to assignment, apply to and bind heirs, successors, administrators, and executors of the parties. SECTION TWENTY-FIVE: APPLICABLE LAW This Lease shall be construed and interpreted in accordance with the laws of the State of Florida. • 9 Jan 06 06 10:55a Leonard H Baird Jr 3523940180 p.l 6r ~~ DEODAT GUMAN LANDLORD -Witness ~~~.-~~s -Witness -Witness Date:_~ ~_ ~ ~~~~ BY: CITY OF CLERMONT TENANT Date: ~'~ ' D •