HomeMy WebLinkAbout044 Gregory Smith LeaseCITY OF SANFORD /GREGORY SMITH
LEASE AGREEMENT
This Lease Agreement (Agreement) is entered into as of G 2011,
notwithstanding the date of execution by the parties (Commence ent ate), between
the City of Sanford, a Florida municipal corporation, whose address is 300 North Park
Avenue Sanford, Florida 32771, (Landlord), and Gregory Smith, whose address is 2208
West 25 Street, Sanford, Florida 32771 (Tenant).
W/TNESSETH.
Section 1. Premises. Subject to the terms hereof, and to zoning and restrictions of
record, and in consideration of the mutual benefits and obligations set forth hereafter,
Landlord leases to Tenant and Tenant leases from Landlord the Premises located in
Seminole County, Florida, more particularly described as follows (the "Premises "):
Tax Parcel Identification Number 35- 19 -30- 300 -012A -0000 (see attached
printout). Irregular 52 feet x 200 feet for approximate estimate of 10,400
square feet of land based upon Seminole County Property Appraiser's Tax
Roll information (2010).
Section 2. Term. This Agreement shall be for a term commencing upon the
Commencement Date and expiring December 31, 2012 and shall renew automatically,
for one year periods thereafter, unless terminated by the Landlord by giving notice to
the Tenant 30 days prior to the end of a term; provided, however, that the parties may
extend this Agreement for an additional term or additional terms under said terms,
conditions and provisions as may be mutually agreed by the parties; provided, further,
however, that the Landlord, if it finds that such action is in the public interest, may
terminate this Agreement at any time by giving the Tenant 30 days advance notice
consistent with the notice provisions set forth herein.
Section 3. Rent. Rent shall be $130.00 per month, paid in advance by the first of
the month. The Tenant shall provide electric, garbage, water and sewer services to the
Premises. Tenant shall be responsible for all maintenance of and repairs to the
Premises. On January 1, 2012 and on January 1 of each successive year, the Rent
shall increase by 1.5% payable in each monthly payment. Additionally, the Tenant
shall pay the ad valorem taxes related to the Premises on or before January 1 of each
year commencing in the year 2012 and with the first payment being due on January 1,
2012 or pay to the Landlord the amount that would have been due if the Premises are
deemed tax exempt.
Section 4. Use. Tenant shall use and occupy the Premises only for lawful activities.
Tenant shall not use the Premises in a disreputable, hazardous or unlawful manner, or
in any manner that would constitute a public or private nuisance. Tenant shall provide
all of its own office equipment, furniture and furnishings and shall insure such property,
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as it deems desirable, but, in no event, shall make a claim against the Landlord for any
losses. Tenant shall not perform any acts on the Premises that would generate noxious
odors or annoying noises or cause environmental damage, degradation or liability. The
term "environmental" is used in its broadest possible meaning and context. Tenant shall
keep the Premises clean and presentable as well as in compliance with all laws, rules,
regulations, codes and ordinances. Tenant shall maintain the Premises in good
condition and shall be responsible for any and all damages caused by its guests or
invitees and their actions and omissions. The Landlord hereby reserves and retains the
right to use the Premises for utility purposes such as, but not limited to, the installation
of lines, pumps, connections, stations and any and all similar or associated facilities
such as, by way of example and not limitation, water, sewer, rights -of -way, electrical,
cable, telephone and internet.
Section 5. Hazardous Substances. Tenant shall not use, store, generate, dispose
of, release or otherwise handle or possess any hazardous substance on or about the
Premises. Should Tenant violate this provision, then Tenant shall indemnify, defend,
and hold Landlord harmless from all claims, charges, penalties, fines, liabilities, costs
(including clean -up costs), and all other obligations and expenses arising directly or
indirectly from such violation.
Section S. Quiet Enjoyment. Upon performing all covenants and obligations under
this Agreement, Tenant shall hold the Premises free from disturbance. Tenant shall
supervise all participants and shall not allow any unlawful or unpermitted use of the
Premises.
Section 7. Redelivery. Tenant covenants that at the termination of this Agreement,
whether by expiration, default or otherwise, Tenant shall promptly re- deliver the
Premises to Landlord free from subtenancies and in the condition the Premises are
presently in, reasonable use and wear excepted. Any personal property or trade fixtures
remaining on the Premises 30 days after termination shall be deemed abandoned by
Tenant, and may be disposed of as Landlord deems fit at Tenant's expense. All
personal property or fixtures located in the Premises on the Commencement Date shall
be redelivered in good condition with the Premises.
Section 8. Acceptance of Premises. Tenant acknowledges that Landlord has
made no representation or warranty that the Premises are fit for Tenant's intended use.
Tenant has inspected the Premises, and Tenant accepts the Premises "as is ".
Section 9. Indemnification /Liability /Loss. The Tenant shall indemnify, defend and
save the Landlord harmless from and against all claims, demands, obligations, liabilities,
penalties, fines, charges, costs and expenses including, but not limited to, attorney's
fees, costs and expenses for the defense thereof, arising from occurrences on or about
the Premises and from the Tenant's negligent or wrongful activities thereon. Should
claim be brought against the Landlord or the Landlord be made a party to any action
relating to the Premises, then the Tenant shall reimburse the Landlord for all attorney's
fees, costs and expenses incurred by the Landlord in connection with the claim or action.
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The Tenant shall provide premises and property liability insurance acceptable to the
Landlord and naming the Landlord as an additional insured (and provide proof thereof)
with coverage limits in an amount of no less than $1,000,000 combined single limit. The
Landlord's Insurance Officer shall have authority to make determinations with regard to
insurance requirements.
Section 10. No Assignment without Consent. Tenant shall not assign this
Agreement or any of Tenant's rights hereunder, nor sublet the Premises or any portion
thereof, without first obtaining the express written consent of Landlord acting through its
City Commission.
Section 11. Default. Landlord, at its option, may terminate this Agreement on 3
days' notice to the Tenant: (a) if any Rent due hereunder is not paid when due; or (b) if
the Premises are abandoned by Tenant or otherwise become and remain vacant or
deserted for a period of 30 days or more; or (c) if the Premises are used for some
purpose other than the use authorized herein; or (d) if Tenant shall have failed to cure a
default in the performance of any other provision of this Agreement or any rule or
regulation set forth herein within 30 days after written notice thereof to Tenant from
Landlord, or if such default cannot be completely cured in such time, if Tenant shall not
promptly proceed in good faith to cure such default within said 30 days, or shall not
complete the curing of such default with due diligence. In the event that Landlord elects
to terminate this Agreement, then, upon the expiration of the aforesaid notice period,
Tenant shall remain liable for damages to the maximum extent provided herein or
permitted by law.
Section 12. Destruction of Premises. In the event that the Premises or a portion
thereof is destroyed or damaged by fire or other casualty, then Landlord may or may not
elect to repair or rebuild the Premises or may elect to terminate this Agreement. If
Landlord elects to repair, this Agreement shall remain in force, and Landlord shall
complete all repairs after such election. If Landlord elects to terminate this Agreement
rather than to repair, Tenant shall promptly surrender possession of the Premises to
Landlord and neither Landlord nor Tenant shall have any remaining obligations
hereunder, except any obligations owed by Tenant that accrued before the casualty,
which obligations Tenant shall forthwith settle. Landlord shall not be liable for any
damages, inconvenience, or annoyance to Tenant resulting from any damage to the
Premises or from the repair or replacement thereof, and shall not be liable for any delay
in restoring the Premises unless arising from the Landlord's negligent and legally
cognizable action. If Tenant's negligence or wrongful act or the negligence of Tenant's
agents, employees or invitees results in damage or destruction to the Premises, then
notwithstanding any other provision of this Agreement, Tenant shall be obligated to pay
the cost or repair, replacement or restoration that exceeds any available insurance
proceeds therefore, and Rent shall not abate during the period of repair or restoration.
Section 13. Liability for Loss of Personal Property. All personal property placed
or moved in the Premises shall be at the risk of Tenant. Landlord shall not be liable for
any damage to person or to property occurring on the Premises or related to Tenant's
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use thereof including, but not limited to, damages arising from the bursting or leaking of
water pipes.
Section 14. Alterations. Tenant shall not make any alterations to the Premises
without first obtaining the written consent of Landlord acting through its City
Commission. Any alterations so approved by Landlord shall: (a) be made in a good and
workmanlike manner; (b) be paid for in full by Tenant; (c) be made with materials of
comparable or better quality than are already in place; and (d) not weaken the Premises
or cause a reduction in fair market value of the Premises.
Section 15. Access to Premises. In addition to the utility usage rights hereinbefore
set forth, Landlord may enter the Premises at any time for the protection or preservation
of the Premises.
Section 16. Cost of Collection and Attorney's Fees. In the event of legal
proceedings between the parties, the prevailing party in such proceedings shall be
entitled to have its costs and attorneys' fees, including costs and attorneys' fees for
appellate proceedings, paid by the non - prevailing party. The parties agree to waive trial
by jury. The parties also agree to engage in non - binding mediation prior to the
commencement of any law suit with the costs and fees resulting therefrom being borne
equally by the parties.
Section 17. Liens. Tenant agrees to keep the Premises free and clear of any lien or
encumbrance of any kind whatsoever created, in any way whatsoever, by Tenant's acts
or omissions and Tenant shall indemnify and defend Landlord against any claim or
action brought to enforce any lien imposed on the Premises because of Tenant's
negligent or wrongful act or omission. Except as specifically provided otherwise herein,
Tenant shall have 30 days after receiving notice of any such lien or encumbrance to
have such removed. If Tenant fails to have such removed within that time, Tenant shall
be in default.
Section 18. Waiver. No act of a party shall be deemed a waiver of any of the party's
rights hereunder, unless such waiver is specifically made in writing. A party's
forbearance to enforce any rights hereunder or to exercise any available remedy, or to
insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of
such rights, remedies or strict compliance, nor shall such forbearance stop the party
from exercising any available rights or remedies or from requiring strict compliance in
the future. Landlord's acceptance of any late or inadequate performance including, but
not limited to, late or insufficient payments of Rent, shall not constitute a waiver or
forfeiture of Landlord's right to treat such performance as an event of default or to
require timely and adequate performance in the future.
Section 19. Notices. All notices or other communication required or permitted to be
given pursuant to this Agreement shall be in writing and shall be construed as properly
given if mailed by United States Mail. It is agreed that notice so mailed shall be
reasonable and effective upon the expiration of 3 business days after its deposit. Notice
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given in any other manner shall be effective only if and when received by the addressee.
For purposes of notice, the addresses of the parties shall be the address as follows:
For Tenant:
Gregory Smith
2208 West 25 Street
Sanford, Florida 32771
For Landlord:
City Manager
300 North Park Avenue
Sanford, Florida 32771
Section 20. Construction. Whenever the context permits, or requires the use of the
singular in this Agreement shall include the plural and the plural shall include the
singular. Any reference herein to a gender shall likewise apply to the other gender and
to the neuter; and any reference herein to the neuter shall refer likewise to either or both
genders. Any reference herein to a person shall include trusts, partnerships,
corporations, and other entity, as appropriate.
Section 21. Captions. The captions to the provisions of this Agreement are for
convenience and reference only and in no way define, limit or describe the scope or
intent of this Agreement nor in any way effect the substance of this Agreement.
Section 22. Applicable Law/Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida. Venue shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida
Section 23. Survivability. The parties agree that all of Tenant's indemnities,
representations and warranties made herein, shall, to the extent and limits permitted by
law, survive the termination or expiration of this Agreement and that the termination or
expiration hereof shall not release Tenant from any accrued, unfulfilled or unsatisfied
liabilities or obligations.
Section 24. Merger. No prior or present agreements or representations shall be
binding upon the parties hereto unless incorporated in this Agreement. No modification
or change in this Agreement shall be valid or binding upon the parties unless a writing is
executed by the parties to be bound thereby.
Section 25. Parties Bound. This Agreement shall be binding upon and shall inure
to the benefit of the heirs, personal representatives, successors and assigns of the
parties. In the event Landlord or any successor -owner of the Premises shall convey or
otherwise dispose of the Premises, all liabilities and obligations of Landlord, or any
successor -owner as Landlord, to Tenant under this Agreement shall terminate upon
such conveyance or disposal and the giving of written notice thereof to Tenant.
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Section 26. Severability. If any provision of this Agreement should be in conflict
with any public policy, statute or rule of law, or is otherwise determined to be invalid or
unenforceable, then such provision shall be deemed null and void to the extent of such
conflict, but without invalidating the remaining provisions.
Section 27. Accord and Satisfaction. No payment by Tenant or receipt by
Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other
than on account of the earlier Rent, nor shall any endorsement or statement on any
check or any letter accompanying any check or Rent payment be deemed an accord
and satisfaction. Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance of such Rent or pursue any other remedy
provided in this Agreement.
Section 28. Time Periods. Time is of the essence in this Agreement. Any reference
herein to time periods of less than 6 days shall exclude Saturdays, Sundays and legal
holidays; and any time period provided for herein that ends on a Saturday, Sunday or
legal holiday shall extend to 5:00 PM of the next full business day.
Section 29. Recording. This Agreement shall not be recorded in the Land Records
of Seminole County.
Section 30. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together,
shall constitute one and the same document.
Section 31. Exhibits. Each exhibit, if any, referred to and attached to this
Agreement is an essential part of this Agreement. The exhibits, if any, and any
amendments or revisions thereto, even if not physically attached hereto, shall be treated
as if they are part of this Agreement. The City shall determine the contents of this
Agreement relative to exhibits.
Section 32. Entire Agreement/Binding Effect. The text herein shall constitute
the entire Agreement between the parties and may only be amended by means of a
document of equal dignity herewith. This Agreement shall be binding upon and shall
inure to the benefit of the parties and their heirs, executors, personal representatives
and assigns.
IN WITNESS WHEREOF, the undersigned have hereunto s t their hands and seals
on the date stated.
Attest: LANDLORD: !CITY OF SANFORD,
Florida
Janet Dougherty U Jeff Tri
City Clerk Mayor 7,
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For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
fiRiarn L. Gc
ity Attorney
Attest/Witnesses:
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TENANT: GREGORY SMITH
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Printed me: P Gregory h
A Wftne umber
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