1978-03
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PAN AMERICAN BANK
OF ORLANDO
NATIONAL ASSOCIATION
250 NORTH ORANGE AVENUE I P.O. BOX 2953 I ORLANDO. FLORIDA 32802 I (305) 841-2610
JANUARY 5, 1979
MR. GORDON TIFFANY
CITY MANAGER
CITY OF CLERMONT
p.O. Nox 219
CLERMONT, FLORIDA 32711
RE: WILLIAM OSWALT RESIDUARY TRUST #43-011422-3
DEAR MR. TIFFANY:
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I AMlRECEIPT OF YOUR LETTER DATED DECEMBER 28, 1978
INDICATING THAT THE CITY OF CLERMONT WISHES TO EXERCISE ITS OPTION TO
EXTEND THE LEASE DATED MARCH II, 1974 FOR AN ATTITIONAL FIVE YEARS
AS DESCRIBED IN PARAGRAPH 12 OF SAID LEASE.
THERE IS CURRENTLY DUE $450.00 COVERING LEASE PAYMENTS
FROM DECEMBER 11, 1978 THRU MARCH 10, 1979. AT THAT TIME PURSUANT
TO THE TERMS OF THE LEASE THE ANNUAL RENTAL WILL INCREASE TO $2,250.00
PER YEAR OR $562.50 QUARTERLY.
WE WOULD ALSO AGAIN REQUEST THAT YOU FURNISH US WITH A COPY
OF THE LIABILITY POLICY COVERING THIS PROPERTY AS REQUIRED IN ITEM 5 OF THE
LEASE.
YOURS TRULY,
~ ri 77~
(MRS.) FAYE S. MARTIN
TRUST OFFICER
lOB
CITY DF CI..ERMDNT
P.o. BOX 219. CLERMONT, FLORIDA 32711 . PHONE 904/394-4(111
December 28, 1978
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Hr. C. W. Davis
Vice President and Senior Trust Officer
Citizens National Bank of Orlando
250 North Orange Avenue
Orlando, Florida 32800
Dear Hr. Davis:
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At Its December 26 meeting, the Clermont City Council
voted to exercise the option described In Paragraph 12 of
the attached lease. This Jetter Is your notice as required
by the lease.
Sincerely,
Gordon TI ffany
City Hanager
GT:mf
Enc I .
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TO:
FROM:
SUBJECT:
DATE:
City Counci 1
City Manager
Borrow Pit Lease Renewal
December 21, 1978
Attached is a copy of our March 11, 1974 lease for the borrow pit. The
current lease expires next March, but paragraph 12 grants an option to extend the
lease for an additional 5 years, except that the fee increases from $1,800 to $2,250
annua lly.
. The borrow pit continues to be an important effluent disposal location. Ad-
ditionally, work is underway to evaluate irrigation, as allowed by paragraph 10.
I recommend that our option for an additional five years be exercised.
&
cc: City Clerk (12/26/78 Agenda)
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LEASE
THIS AGREEMENT made and entered into this I/ill day of
IV/arc lJ
1974, by and between CITIZENS NATIONAL BANK OF ORLANDO, as TRUSTEE (hereinafter
referred to as CITIZENS), and the CITY OF CLERMONT, FLORIDA (hereinafter referred
to as CLERMONT).
WITNESSETH:
CITIZENS demises, leases and lets to CLEID10NT the following described real
property:
The South 310 feet of Government Lot 7, in Section
23, Township 22 South, Range 25 East, in Lake County,
Florida.
FURTHER, the parties agree as follows:
1. This Lease shall be for a five (5) year term commencing with the fltLI
day of
tv\tiu ( ~ 1
t'v\^v' { l.
, 1974 and ending at midnight on the lOb-, day of
, 1979.
2. The rent for this Lease shall be ONE THOUSAND EIGHT HUNDRED AND NO/lOO
DOLLARS ($1,800.00) per year, payable in quarterly installments of FOUR HUNDRED FIFTY
AND-NO/100 DOLLAR~ ($450.00) in advance, commencing with the Ilf~
day of
tv\lw'ch
, 1974.
3. The property shall be used only for the disposal of sewage effluent and
related activities. Any other use of the property must be approved in writing by
CITIZENS.
4. All costs involved in placing the property in a condition for use for
sewage disposal including, but not limited to, surveys, fencing and all physical
improvements, shall be borne by CLERMONT.
5. From the date this Lease becomes effective, CLERMONT shall keep the leased
property insured, at its sole cost and expense, against claims for personal injury
or property damage with a policy of general public liability insurance, with limits
of at least $500,000.00/$1,000,000.00 for bodily injury and $100,000.00 for property
damages. Such policies shall name CITIZENS and CLERMONT as the insureds. Within
ten (10) days after the effective date of this Lease, CLE,RMONT shall deliver to
CITIZENS certificates of insurance certifying that such insurance is in full force
and effect.
, HOVIS, BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE, CLERMONT, FLORIDA 32711
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CLERMONT may satisfy the requirements of this paragraph by presenting proof
to CITIZENS that CLERMONT'S present insurance policy (or policies) already provides
such coverage and further by notifying its insurance carrier of the contents of this
Lease Agreement.
6. CLERMONT agrees to hold harmless and indemnify CITIZENS and/or all benefi-
ciaries for whom CITIZENS hold the property in trust against all liabilities, damages
and other expenses, including attorneys' fees, which may arise as a result of
CLERMONT'S use of the property; provided, however, CLEID10NT shall not be liable for
damages resulting from the negligence or intentional acts of CITIZENS, its agent or
any of the beneficiaries.
7. CITIZENS shall continue to p~y all real property taxes assessed against the
property.
8. CITIZENS, with the concurrence of the beneficiaries under the Trus~ it
manages, states that it is entering into this Lease Agreement as a service to CLERMONT
and the amount of annual rental is in no way an indication of the fair market value
of the property. If the subject property shall be condemned under the power of
eminent domain by CLERMONT or any other legally constituted authority, this Lease
Agreement may not be used in any condemnatio~ proceeding as an indication of fair
market value.
9. If the whole of the leased property, or such portion thereof as will make the
leased property unsuitable for the purposes herein leased, is condemned for ,any public
use or purpose by any legally constituted authority (excluding CLERMONT), or taken
by purchase in lieu of condemnation, then in either event this Lease shall cease
from the time when possession is taken by such public authority and rental shall be
accounted for between CITIZENS and CLERMONT as of the date of the surrender of pos-
session and prorated accordingly. Such termination shall be without prejudice to
the rights of either CITIZENS or CLERMONT to recover compensation from the condemning
authority for any loss or damage caused by such condemnation. Neither CITIZENS nor
CLERMONT shall have any rights in or to any award made to the other ~y the condemning
authority.
If there shall be a partial taking by condemnation, and the remainder of the
property can continue to be used for the stated purpose, the rental shall be adjusted
accordingly and neither party shall have any rights in or to any award made to the
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HOVIS. BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE,CLERMONT. FLORIDA 32711
other by the condemning authority.
10. CLERMONT shall have the option of using all the abutting property presently
owned by CITIZENS (as Trustee) for underground or low profile irrigation; PROVIDING
that if any citrus fruit should ever be condemned because of such spray, CLERMONT
would pay fair value for the condemned fruit.
AND PROVIDED FURTHER, that any irrigation system installed by CLERMONT and the
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methods and amounts of irrigation must be approved by the grove caretaker employed
by CITIZENS.
11. CLEID10NT agrees to post the above described property against trespassers
and also to post all abutting property used by CLERMONT. CLEIDI0NT further agrees to
patrol the subject property and abutting property being used by CLERMONT as frequently
as is reasonable.
12. CLERMONT shall have an option to extend this Lease, upon the same terms and
conditions, for an additional period of five (5) years; except, the annual rental for
such additional period shall be TWO THOUSAND TWO HUNDRED FIFTY AND NO/lOa DOLLARS
($2,250.00)~ Such option must be exercised in writing not later than sixty (60)
days prior to the expiration of the original term.
Q - 13. CITIZENS in no way warrants title to the subject property. If CLERMONT
desires a title examination, it shall pay for the same. If title is found to be de-
fective and such defect cannot be cured within ninety (90) days, CLERMONT may cancel
this Lease Agreement.
14. The parties hereto acknowledge that the termination of this Lease may create
unique problems. CLERMONT agrees the Lease term, or the renewal thereof, shall in-
clude the time required to discharge or dispose of all effluent from the subject
property. At the expiration of this Lease, CLERMONT, shall as nearly as possible,
surrender the leased property in the condition it was at the beginning of the term.
CITIZENS shall have the option whether dirt retaining walls or dikes shall be left
. standing or shall be spread at the expense of CLEID10NT. All additions or structures
placed on the property by CLEID10NT shall be removed at CLEID10NT'S expense at the
written request of CITIZENS.
15. Neither this Lease Agreement nor any of the property rights hereunder may
be assigned or sublet by CLERMONT without the written approval of CITIZENS.
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HOVIS. BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE, CLERMONT, FLORIDA 32711
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16. Either party breaching any terms or conditions of this Lease Agreement
shall be liable for all costs of such breach, including a reasonable attorneys
fee.
17. All written notices to CLERMONT shall be mailed to City of Clermont, 1
Westgate Plaza Drive, Clermont, Florida 32711.
18. All rent payments and written notices to CITIZENS should be mailed to
CITIZENS NATIONAL BANK OF ORLANDO, TRUST DEPARTMENT, 250 North Orange Avenue,
Orlando, Florida 32800.
CITIZENS NATIONAL BANK OF ORLANDO
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C. W. DAVIS
Vice President and Senior Trust Officer
BY:
(~unicipal Corporate Seal)
CITY OF CLERMONT ~
BY: f!taL~
CLAUDE E. SMOAK, JR.
Mayor
" ATTEST: iJ.t N'~ k h(;A'4 Jl
DO ORES W. CARROLL
Clerk
STATE OF FLORIDA
COUNTY OF LAKE
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instrument was acknowledged before me this ~~ day of
, 1974, by C. E. SMOAK, JR. and DOLORES W. CARROLL, the Mayor
respectively of the City of Clermont, Florida, a municipal corporation
Florida, on behalf of said municipal corporation.
~ /I.. k..A ,,f-
Notary Public ~
My Commission Expires: .
NOlARY PUlll.1C STATE OF flORIDA AT I.Ar-CE
MY COMMISSION EXPIRES OCT. 19, 1?:'6
",., ... ..". ...
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this II+~ day of
tv\l'vrt., , 1974, by C. W. DAVIS, Vice President and Senior Trust
Officer of Citizens National Bank of Orlando, Orlando, Florida, a United States
'corporation, on behalf of said corporation.
p~~
Notary Public .
My Commission Expires:
Notary Public.. State of Florida ot lorte".
~4_commlSSion Expires Jan. 9, 1978
HOVIS, BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE, CLERMONT, flORIDA 32711