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LEASE
This Lease is anade and entered into by and between DEODAT GUMAN, hereinafter
referred to as LANDLORD, whose address is 7241 South County Road 561, Clermont, FL
34714, 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: 7241 South County Road 561
Clermont, Florida 34714
(E) Tenant's Notice Address: P.O. Box 120219
Clermont, FL 34712
(F) Terre: 1 year, commencing on December 15, 2007, and ending on
December 14, 2008, with an option to renew for 1 additional year with a
5% increase in rent
(G) Base Rental: ONE THOUSAND TWO HUNDRED TWELVE AND 75!100
DOLLARS ($1,212.75) per month together with sales tax, payable
in advance. Payments are due on the 1$` day of each month with
December prorated and due on the 15~' of December, 2007.
(H) Real Estate Taxes: Landlord shall pay all of the real estate taxes, assessed on the
real property each year.
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Utilities: Tenant shall pay water and sewer charge and pay power charge.
SECTION TWO: LEASING AND PAYMENT OF BASE RENTAL
LANDLORD leases to TENAI~IT, and TENANT rents froirz 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 tune 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 fzrst obtaining the
written consent of LANDLORD. Any alterations shall become at once a part of the realty and
belong to LANDLORD; sub}ect, 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 preformed, material furnished or obligations
incurred by TENANT.
SECTION FIVE: COMPLIANCE WITIi LA'W
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.
SECTION SIX: INDEMNITY AND INSURANCE
A. Indemnity.of LANDLORD. LANDLORD shall not be liable to TENANT for any
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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. 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 caused by
TENANT regardless of the location.
B. Public Liability and Property Damage Insurance. TENANT at its cost shall
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maintain public liability limits of not less than ONE I'lUNDRED THOUSAND AND NO/100
DOLLARS 0100,000.00) and THREE HUNDRED THOCJ~SAND AND NO/100 DOLLARS
(.4',300 000.00) per occurrence, and tangible personal property limits of not less than TWENTY-
FSVE THOUSAND AND NO/100 DOLLARS (.525.000.00) 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 pxovisions of this
section. Both parties shall be primary insurance as far as LANDLORD is concerned.
C. Other Insurance matters. A11 the insurance required under this Lease shall:
1. Be issued 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 inmost recent edition of
Beat's Insurance Reports
2. Be issued 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 i.n the coverage, scope, or
amount of any policy.
4. Be renewed no less than twenty (20) days before expiration of the term of
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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 and, should these taxes be
applied in any planner to the real property taxes, 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 far 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, AJC unit, and exterior plumbing.
SECTION NINE: RESTORATION OF PREIVIISES
TENANT agrees that prior: to the expiration of the term of the Lease, or upon the earlier
termination of the Lease, ox 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 (wear and. tear, loss by fire or other
casualty and acts of God expected) unless LANDLORD has expressly set forth in writing that a
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particular alteration or improvement shall not be removed.
SECTION TEN: ENTRY Blr LANDLORD
TENANT shall pexsnit 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 as any time during the term. If
TENANT abandons, vacates, or surrenders the premises, or is dispossessed by process of law, or
otherwise, any personal belonging to TENANT and left on premises shall be deemed to be
abandoned, and, at the option of LANDLORD, such property may either by sold or removed and
stored in any public warehouse or elsewhere at the cost of and for the account of TENANT.
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, and upon the request of LANDLORD shall, remove all trade fixtures
installed in premises by TENANT at the expiration or termnation of the term of this Lease, or
any renewal of this Lease, provided that such removal maybe effected without damage to the
premises.
SECTION T1tIIRTEEN: 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
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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 payrxient being of the essence of this
Lease.
C. If either party shall be delayed or prevented from the performance of any act
required by this Lease by any reason of acts of God, inability to procure materials, restrictive
laws or other cause, without fault and beyond the 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 section shall excuse
TENANT from the prompt payment of any rent or other charge required of TENANT except as
maybe 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 either 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
this Lease, then LANDLORD shall have the immediate right of entry and may remove all
persons and property from the premises. Such property so removed maybe sold to stored in a
public warehouse or elsewhere at the cost and for the account of TENANT. Upon such
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termination, LANDLORD, in addition to any other rights and remedies including rights and
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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
this Lease with TENANT and the sung 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.
SECTION SI~C'TEEN: TENANT'S REMEDIES UPON DEFAULT
if LANDLORD commits a default, the TENANT shall have the option of suing for
money damages, canceling this Lease or suing for specific performance. The term "default" as
used in this paragraph shall not include technical defaults.
SECTION SEVENTEEN: ATTORNEY'S FEE5 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 oz 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 judgement. The term "prevailing party"
shall include, without limitations, a party who obtains legal counsel or brixzgs 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
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breach of this Lease by TENANT and a default under this agreement:
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(I) The appointment of a receiver to take possession of all or substantially all of the
assets of TENANT.
{2) A general assignment by TENANT for the benefzt of creditors.
(3j Any action taken or suffered by TENANT under any insolvency or bankruptcy
act.
SECTION NINETEEN: ASSIGNMENT OR SUBLETTING
A. TENANT shall not assign this Lease or any interest in it and shall not sublet the
premises or any part of it or any right or privilege appurtenance to this agreement or permit any
other person or entity to occupy or use this premises or any portion of it. Any such assignment,
subletting or occupation shall be void and shall, at the option of LANDLORD, terminate this
Lease. Nothing contained herein shall prevent TENANT from assigning his or her interest in this
Lease to a P.A. or any other type of legal entity formed primarily for TENANT'S benefit,
provided TENANT shows proof of ownership of a majority of such legal entity. Nothing
contained herein shall prevent TENANT from hiring associates or fornning partnerships with
other medical doctors; provided, however, no associate or partner shall acquire any interest in
this Lease agreement without the approval of both parties.
SECTION T'PVENTY: TRANSFER BY LANDLORD; RELEASE FROM LIABILITY
Tn the event LANDLORD shall sell or transfer the building or any part of it and as a part
of such transaction shall assign its interest as landloxd in and to this Lease, then from the
effective date of such sale, assignment or 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 obligations contained in this
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Lease on the part of LANDLORD shall be binding upon LANDLORD only during its ownership
of the fee or leasehold estate, as the case maybe.
SECTION TWENTY-ONE: NOTICES
All notices to be given to TEI~TANT maybe given in writing personally or by depositing
such notices in the United States mail, postage prepaid.
SECTION TWENTY-T'FVO: SIGNS AND ADVERTISING
TENANT shall not use the name of the building for any purpose other than as the address
of the business conducted by TENANT in the premises without the consent of LANDLORD.
All signs of the premises must be approved by LANDLORD.
SECTION TWENTY-THREE: ENTIRE AGREEMENT; AMENDEMENT
This Lease and riders attached contain all the agreements of the parties with respect to the
subject xnattex and cannot be amended or modified except by a written agreement ro additional
riders.
SECTION TWENTY-FOUR: SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Lease shall not
render the other provisions invalid, illegal, or unenforceable.
SECTION TWENTY-FIVE: 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- SIX: APPLICABLE LAW
This Lease shall be construed and interpreted in accordance with the laws of the State of
Florida.
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EODAT GUMAN
LANDLORD
Date: ~+~ ~~~
BY:
C O CLERMONT
TE A
Date• /' ~~l/,~