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1974-01LEASE THIS AGREEMENT made and entered into this 11th day of March 974, 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 CLERMONT 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 11th day of March, 1974 and ending at midnight on the 10th day of March 1979. 2. The rent for this Lease shall be ONE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($1,800.00) per year, payable in quarterly installments of FOUR HUNDRED FIFTY AND-NO/100 DOLLARS ($450.00) in advance, commencing with the 11th day of March, 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, CLERMONT shall deliver to CITIZENS certificates of insurance cert~fying that such insurance is in full force and effect. HOVIS, BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE, CLERMONT, FLORIDA 32711 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, CLERMONT 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 pay all real property taxes assessed against the property. 8. CITIZENS, with the concurrence of the beneficiaries under the Trust 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 condemnation 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 by 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 -2- 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 und~rground 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 methods and amounts of irrigation must be approved by the grove caretaker employed by CITIZENS. 11. CLERMONT agrees to post the above described property against trespassers and also to post all abutting property used by CLERMONT. CLERMONT 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/100 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. 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 CLERMONT. All additions or structures placed on the property by CLERMONT shall be removed at CLERMONT'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. -3- HOVIS, BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE, CLERMONT, FLORIDA 32711 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 BY: C. W. DAVIS Vice President and Senior Trust Officer (Municipal Corporate Seal) CLAUDE E. SMOAK, JR. Mayor ATTEST: DOLORES W. CARROLL Clerk STATE OF FLORIDA COUNTY OF LAKE instrument was acknowledged before me this 5th day of February, 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. STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 5th day of February, 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. Notary Public . My Commission Expires: / "Notary Public, State of Florida af Large. My Commission Expires Jan. 9, 1978 -4-- HOVIS, BAIRD AND DOUGHERTY, ATTORNEYS AT LAW, 1 WESTGATE PLAZA DRIVE, CLERMONT, FLORIDA 32711