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1968-05LEASE On this June 3rd 1968, Griffin-Johnston Corporation, a Florida Corporation, and George Hovis of Clermont, Florida, Leasee. both having their principal place of business in Clermont, Florida, each in consideration of of the agreements, conditions and covenants hereinafter set forth and to be performed by the other, here- by agree 1. PROPERTY AND TERMS: The Lessor hereby leases to the Leasee, the lower floor level of a two story concrete block building occupied on the upper floor by First Federal Savings and Loan Association of Clermont. Florida. Located on the north east corner of Blocks 99 ad 100 in the City of Clermont, Florida. Together with a joing easement with Lessor and its other Leasees during the term of this lease, to all driveways and parking areas located on the above described Block 100, fractional Block 99 and fractional Highland Avenue, Less and except any driveways and parking areas with the lands heretofore leased to Standard Oil Company of Kentucky. For the term of ten (10) years beginning at 12:01 A.M. on February 1, 1968 and ending at 11:59 P. M. on January 19, 1978. 1. In addition to the annual rent as provided in #2 hereinafter, the Lessor and Leasee agree: (1) Lessee will pay all operating expenses of the year-round air conditioning system, and lessor and leasee will pay on a 50/50 basis, the maintenance expenses thereof. (2) Lessee shall pay all utilties and licenses. 2. Rent. The Lessee will pay to the Lessor as rent for said lower level of said building and the year-round air conditioning equipment during the term of this lease, and Annual Rent of $1,838.60 per annum for each of the first and second years, and an Annual Rent of $2,181.60 per annum for each of the eight years following, payable in monthly installments of $162.80 each month for the first two years and $177.80 per monthe for the succeeding eight years. Monthly installments are due and payable on the first day of each and every month during said term. Receipt of the installents for the months of February, March, April and May are hereby acknowledged. 3. Repairs. The Lessor will maintain the exterior of the building including the roof. exterior walls, windows, sewage and parking area, in good and substantial repair. The lessee will maintain the interior of the building, including interior ceilings, walls, floors, fixtures, pipes and doors, in good and substantial repair. Interior fixtures and pipes are those that project from the celings, walls and floors into the roon, exterior fixtures and pipes included those concealed behind, over, or under the interior ceilings, walls and floors. The agreements to repair in this paragraph do not apply to any damage by fire, windstorm, hurricane, or other casualty in which event same will be paid by lessor. 4. Damage by Fire or other Casualty: If the property is damaged by fire or other casualty (casualty shall also include hurricane and wind- storm damage) to the extent of fifty per centum (50%) or more, the lessor shall have the option to rebuild and repair the leased property, or to terminate this Lease; if damaged to a lesser extent, the lessor will rebuild and repair. In the event of damage by fire or other casualty, the rent payable under this Lease shall abate, in proportion to the impairment of the use that can reasonably be made of the property for the purpose permitted by this Lease, until the property is rebuilt and repaired, or until the Lease is terminated, if terminated in accordance with this paragraph. 5. Use. The Lessee will use the property for the sole purpose of Professional Offices. 6. Assignment or sub-leasing. Lessee may not assign or sub-lease without written consent of Lessor. The Lessor will fully corporate with Lessee if and assignment is necessary so that Lessee, during the term of this lease, may lease or build larger quarters. 7. Access by Lessor: The lessor may enter, inspect, and make such repairs to the leased property as the lessor may reasonably desire in accordance with # on page 1, at all reasonable times. 8. Signs. All signs, on the building, its windows, or on the property abutting the building shall first be approved by the lessor. This provision is not provided herein to prevent lessee from having adequate signs to advertise its business, but to regulate the size, type, color and location so that they will harmonize with the architecture and colors of the whole building and will not interfere with or or blind vehicular or pedestrian traffic or signs of any other business in any part of the balance of the herein described real property. Lessor may require blue prints and specifications of all outside signs. Any signs not so approved by lessor may be removed by lessor at lessee's expense. 9. Waiver of exemption. Any constitutional or statutory exemption of the lessee or any assignee, or sublessee, of any property usually kept on the leased premises, from distress or forced sale, is waived. 10.Remedies for failure to pay rent. If any rent required under this lease shall not be paid when due, the lessor shall have the option to: (a) Terminate this lease, resume possession of the property for their own account, and recover immediately from the lessee the differ- ance between the rent specified in the lease and the fair rental value of the property for the remainder of the term, reduced to present worth. (b) Resume possession and re-lease or rent the property for the remainder of the term for the account of the lessee, and recover from the lessee, at the end of the term or at the time each payment of rent comes due under this lease as the lessor may choose, the difference between the rent specified in this lease and the rent received on the re-leasing or renting. In either event, the lessor shall also recover all expenses incurred by reason of the breach, including reasonable attorney's fees. 11. Remedies for breach of agreement: If either the lessor or the lessee shall fail to perform, or shall breach any agreement of this lease other than the agreement of the lessee to pay rent, for ten (10) days after written notice specifying the performance required shall have been given to the party failing to perform, the party so giving notice may institute action in a Court of competent jurisdiction to terminate this lease or to compel performance of the agreement, and the prevailing party in that litigation shall be paid by the losing party all expenses of such litigation, including reasonable attorney's fees. 12. Redelivery of possession to Lessor: Upon the termination of this lease under any provisions hereinbefore or hereinafter set forth, the lessee assignees and/or sub-lessees shall quit and deliver up said premises at the end of said term in as good condition as they are upon orginal occupancy (ordinary wearm decatm and damage by the elements only excepted) (12 a) All equipment, fixtures and furnighings, and all other property erected or installed in said leased premises by the lessee may be removed by the lessor at the termination of this lease, or any extension thereof, even though the same may be attached to said leased premises: Provided, the lessee shall not then be in default in the performance of the covenants hereof, and provided further, the building shall be left by the lessee substantially as well equipped as it is in the beginning of the term. and provided further, that no such property shall be removed, if such removal would permanently injure or dismantle said leased premises; and provided further, that the removal of any such property shall be effected on or before the expiration of said term, and all damage caused to said premises by such removal shall be repaired by the lessee on or before the expiration of said term. 11. TAXES INSURANCE AND LIABILITY Leaeee will pay all intangible taxes duly levied and assessed against Lessee's personal property. Lessee will pay all use taxes assessed by the State. Lessor will pay all real property taxes levied and assessed and if so not paid lesse may pay same and deduct from annual rent on the following monthly installment payment date, first advising in writing lessor of such intention at least ten (10) days Prior to paying same (13 a) The lessee shall indemnify and save harmless the lessor from all liability arising to any and all persons whomsoever, whether for personal injuries or otherwise, by reason of the erection, .maintenance,. oepration, unsafety of condition of any sign or signs or any part thereof, or any device or appliance used in connection therewith. (13 b) The lessee covenants and agrees not to do or suffer anything to be done, by which persons or property, in or upon the leased premises may be injured or endangered; and the lessee agrees to indemnify and save harmless the lessor from any claim or any person of inuries to life, person or property by reason of anything done, or permitted to be done or suffered, or omitted to be done, by the leesee in and about the occupation of said premises, the respective areas within the leased premises designated, used or enjoyed by the public in general for parking, walkways, driveways. However, such liability shall not extend beyond or include the use of said areas after the lessee's established or designated business hours, nor shall it extend beyond or include at anytime those using said areas who are not the employees, customers, patrons, or agents of the lessee 14. BENEFICIARIES: This lease shall be binding upon and shall inure to the benefit of the assigns successors to the respective parties hereto. IN WITNESS WHEREOF the Lessor and Lessee have caused this Lease to be signed in their name and the name of the Lessor by their President and their respective seals to be affixed, the day and year first above written. Witnesses Griffing-Johnston Corp. By: President as to Lessor George Hovis as to Lessee that Richard R Johonston, Jr., as President of Griffin-Johnston Corp., a Florida Corporation, to me personally known, this day acknowledged before as that he executed the foregoing lease as such officer of said corporation and I further certify that I know the said person making said acknowledgements to be the individual described in and who executed the said Lease. In witness whereof, I hereunto set my hand and official seal at Clermont, said County and State this 10th day of June 1968 Notary Public Ida M Bruch Notary Public, Lucas County, Ohio My Commi8ssion Expires Apr 28, 1969 State of Florida County of Lake I, an officer authorized to take acknowledgments according to the laws of the State of Florida, duly qualifies and acting, hereby certify that George Hovis of Clermont Florida to me personally known, this day acknowledged before me that he executed the foregoing lease and I further certify that I know the said person making said acknowledgements to be the individual described in and who executed the said lease. in witness whereof, i hereunto set my hand and official seal at Clermont, said county and state this June 3 1968 notary public my commission expires February 17, 1969 Mr. George Hovis, Attorney at Law, Caldwell. Hovis, First Federal Bldg., Clemont, Florida Re; Modification of Lease dated June 3, 1968. Dear George Confirming verbal agreement, Griffin-Johnston grants you the privilege of modifying your office arrangement to suit your present needs on the following conditions. You to direct the ordering and performance of the work of remodelling and the acceptance of the same. We to furnish the funds. With the check enclosed herewith for $425.18 we have now financed the work by depositing with you in your George Hovis Trust Account the total sum of $4,925.18 as covered by the attached exhibit marked APPENDIX A. You are to pay all bills and will hold Griffin-Johnston harmless from Liens for Labor and Materials for this project. In consideration of the aforesaid, you hereby agree to increased rent payments above those set forth in paragraph 2 of Lease dated June 5, 1968 to wit; All of paragraph 3 shall be deleted and replaced by a new paragraph reading as follows: 2. RENT: The Lessee will pay to the Lessor as rent for said lower level of said building and the year-round airconditioning equipment during the term of this Lease, an annual RENT of $2 .681.48 for the period beginning January 1, 1969 and ending December 91, 1969, payable monthly at the rate of $219.29 per month, and an annual RENT of $2 ,931.48 from January 1, 1970 to December 31, 1978, payable monthly at the rate of $244.29 per month. Monthly installments are due and payable on the first of each and every month during said term. It is further agreed that the termination date under paragraph one shall be changed to December 31, 1978. Should you decide to. include Mr. Roy Caldwell on the Lease, I . presume this can be handled by a covering letter, which we suggest you prepare. Your acceptance below will constitute a binding revision of the Lease dated June 5, 1968. Sincerely Griffin-Johnston Corp Sec.-Treas. ACCEPTED THIS 18th day of February 1969. George E. Hovis