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2006-26CITY OF CLERMONT SUBLEASE AGREEMENT WITH LAKE-5UMTER EMS FOR PREMISES LOCATED ON LEGENDS WAY • THIS AGREEMENT, is made between the City of Clermont, a Municipal Corporation of the State of Florida, (hereinafter referred to as the "Sub-Lessor") and LAKE-SUMTER EMS, whose address is 2761 West U5 Old Highway 441 Mount Dora, Florida 32757 (hereinafter referred to as ("Sub- Lessee"). WITNESSETH WHEREAS, the Sub-Lessor has entered into a lease agreement with South Lake Hospital, Inc. dated D for the Premises located on Legends Way and described in exhibit "A" hereto, herein er referred to as the "Lease Agreement"; and WHEREAS, Sub-Lessee desires to lease from Sub-Lessor a limited portion of the property subject to the Lease Agreement; and WHEREAS, the Sub-Lessor desires to make available to Sub-Lessee the premises referred to below and is authorized to do so pursuant to Section 12 of the Lease Agreement. NOW THEREFORE, in consideration of the covenants and agreements herein contained, the parties agree as follows: • 1. SUB-LEASED PREMISES: Sub-Lessor hereby leases to Sub-Lessee and Sub-Lessee hereby leases from Sub-Lessor the office space as more particulazly described in Exhibit "B" attached hereto and incorporated herein, together with the right to park one emergency service vehicle at the subject location, hereinafter collectively referred to as the "Leased Premises". 2. TERM OF LEASE: The term of this agreement shall begin on ~~''C~ and end upon termination of the Lease Agreement or as otherwise provid her in. 3. RENT. Sub-Lessee shall pay as rent to the Sub-Lessor the sum of EIGHT HUNDRED FIFTY (850.00) dollars plus applicable sales tax per month during the term of this Sub-Lease Agreement. In addition, and as additional rent, Sub-Lessee shall pay to Sub-Lessor one half (1/2) of the actual electric bill incurred by Sub-Lessor for the occupation and use of the premises. 4. PAYMENT OF RENT: Sub-Lessee shall pay the amount set forth above upon on or before the first day of the effective date of this lease and shall make subsequently payment on the same day of each month thereafter until this sub-lease is terminated. Sub-lessee shall pay its portion of the electric bill within 30 days of a recent of an applicable invoice from sub-lessor. 5. INSURANCE. 1 (a). Sub-Lessee shall, at its sole expense, at all time during the term of this lease (including any extension or renewal), maintain general comprehensive insurance, including but not limited to, • hazard, fire, windstorm and extended all risk coverage insurance for the protection and benefit of Sub-Lessor and Sub-Lessee. All policies of insurance shall insure the Sub-Lessee against any and all claims, demands, actions and causes of action whatsoever for injuries received or damage to the Leased Premises or any individual or personal property arising out of, or related to the use or occupancy of the Leased Premises by Sub-Lessee. Such policies of insurance shall be in an amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) per occurrence in an aggregate amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) to cover the total aggregate of claims that may arise or to be claimed to have arisen against the Sub-Lessor or Sub- Lessee, asaforesaid. All coverage contemplated and applicable to the Leased Premises shall include full insurable value of all improvements located on the Leased Premises. (b). The maintenance of insurance coverage as provided herein shall not be construed to limit nor have the effect of limiting Sub-Lessee's liability under the provision of any clause or paragraph contained in this Sub-Lease. (c). This provision shall in no way be construed as a waiver of Sub-Lessee's sovereign immunity protections provided by Florida law. 6. USE OF PREMISES. Sub-Lessee may use the Leased Premises, for normal use and operation as related to the Sub-Lessee's provison of emergency medical services in Lake County. Sub-Lessee covenants and acknowledges that it show use the Leased Premises in compliance with all applicable terms and conditions of the Lease Agreement, said terms and conditions are expressly . incorporated herein and made a part hereof, as if they have been restated herein in their entirety. 7. SUB-LESSEE'S OBLIGATIONS. (a) Sub-Lessee shall comply with all obligations imposed by applicable regulations of the Fire and Police Department, and applicable provisions of building and health codes; (b) Sub-Lessee shall return the premises in as good of a condition as when Sub-Lessee took possession of the Leased Premises. (c) Sub-Lessee shall not destroy, deface, damage, impair or remove any part of the Leased Premises or property or allow any other person to do so; (d) Sub-Lessee shall not be allowed to use any signage on the Leased Premises, without Sub-Lessor's prior approval, other then that which is affixed to SUB-LESSEE'S vehicles and/or equipment; and 8. REPAIRS TO PROPERTY. Sub-Lessor shall keep and maintain in good condition and repair, the Leased Premises. Sub-Lessee shall make all necessary repairs to preserve the Leased Premises. Sub-Lessee shall make no changes, alterations or repairs without first obtaining the 2 • consent of the Sub-Lessor. Sub-Lessee shall pay for any and all costs of repair or replacement required by the use of the Leased Premises by Sub-Lessee, reasonable wear and tear accepted, or damage caused by Sub-Lessee's own negligence or the negligence of Sub-Lessee's employees, • agents or patrons. 9. DEFAULT. The occurrence of one or more of the following is an event of default by Sub-Lessee: (a) Failure of Sub-Lessee to pay rent or make any other payment required by this Sub- Lease Agreement when due; and/or (b) Failure of Sub-Lessee to conform and comply with any obligation imposed upon Sub-Lessee by this Sub-Lease Agreement, other than the obligation to pay money. In the event of default, Sub-Lessor, without the necessity of providing Sub-Lessee with an opportunity to cure, may pursue and all legal remedies available to it at law or in equity. 10. SUB-LESSOR LIMITATION OF LIABILITY. The Sub-Lessor shall not be responsible in any manner for any loss of or damage to Leased Premises, or injury to persons resulting, occurring on or about the Leased Premises or by reason of any existing or future condition, defect, matter, thing, action or inaction, or for the acts, omissions or negligence of other persons other then that directly related to the negligence or intentional acts of the Sub-Lessor. 11. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by law and without waiving any sovereign immunity it may enjoy, Sub-Lessee agrees to indemnify and hold • Sub-Lessor harmless from any and all claims and liability for losses of or damage to property, or injuries to persons occurring in or about, or related to the Sub-Lessee's use of the Leased Premises. 12. TERMINATION OF LEASE. Sub-Lessor and Sub-Lessee shall have the right upon thirty (30) days written notice to terminate this lease, without cause. In the event that Sub-Lessor's rights under the Lease Agreement are terminated for any reason, Sub-Lessee's rights hereunder shall be automatically terminated as of the date of the termination of Sub-Lessor's subject rights. Upon termination of this LEASE, either by reason of default, expiration or otherwise, Sub-Lessee agrees to return the Leased Premises to Sub-Lessor or the owner of the premises in good condition, reasonable wear and tear excepted, and free of all personal property and debris, including but not limited to the return of all keys related to the Leased Premises. 13. Notices. All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. Sub-Lessor: City of Clermont P.O. Box 120219 Clermont, FL 34712-0219 3 Attn.: City Manager • Sub-Lessee: Lake-Sumter Emergency Medical Services, Inc. 2761 W. Old Highway 441 Mount Dora, FL 32757 14. ASSIGNABILITY. This Sub-Lease Agreement, or the right conveyed herein, is not assignable in any manner. 15. AMENDMENT. This Sub-Lease shall not be amended unless in writing and signed by both Sub-Lessor and Sub-Lessee. 16. WAIVER. No waiver of any breach, failure to enforce a terms or covenant, of this Lease by Sub-Lessor shall be considered a waiver of any other subsequent breach. The failure of Sub-Lessor to insist upon compliance by Sub-Lessee with any obligation, or exercise any remedy, does not waive the right to do so in the event of a continuing or subsequent breach. 17. INVALIDITY OF PROVISIONS. The invalidity or unenforceability of any provision of this Lease will not affect the other provision and this Lease will continue in all respects as if the Lease omitted such invalid or unenforceable provisions. 18. CHOICE OF LAW. The laws of the State of Florida will govern this Lease and the duties and obligations stated within the Lease. °.j-t~- • IN WITNESS WHEREOF, the parties hereto have signed this Agreement this ~ ~ day of, ~~ 2006. SUB-LESSOR CITY OF CLERMONT, FLORIDA a~vld /4~vi,1/e ~mca ypr ~l SUB-LESSEE LAKE-BUNTER EMS Welton G. Cadwell, Chairman 4 • Lake-Sumter EMS Board of Directors • APPROVED AS TO FORM AND LEGALITY -~ Bruce G. Duncan Lake-Sumter EMS Attorney • 5 • • :7 • i U I • ;' i i • N ! + O • O i i ~i ' A j ' ~ ~ 1 fil " } N r.: -0• t i ~~ ~_ ~ '~ r `" F :~: J r ~ :.w P \~\ ,'~ \4a ~. ~ ~t ~ r- :~ . - ~•~.:o.. . • • - ~ .p • .' . ~ ~ • ~ ~ ~ ~...., .r.l • ~ .. ' Y D . ~•: ~ W , D rzr`~--: ~m ~ ~ N U7 ~ + 1~' n ~•'i''j it r'j! !~ t .t t,' , I ~ /; I ?? ~ ~~ ~ ;t i ., i 11 i j 1~ ~w..L ~!' "~ , i, • i ~~ :i ~~ O i ~ - i is N i. ! ' i''i ~ I~ ~ i` • O i i:. I E; - N ~ ~'i O ~ i li ~ . 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