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Office of
Director of Aviation
CENTRAL FLORIDA REGIONAL AIRPORT
Sanford Airport Authority • P.O. Box 818 • Sanford, Florida 32772 -0818 Phone: 407/322 -7771
RECEIVED FAX: 407/322 -5834
C / Y \-j .
SEP 3 01991
September 27, 1991
PV
OF.SANFORD
William A. Simmons, City Manager
City of Sanford
P. O. Box 1778
Sanford, Florida 32772 1-
RE: Lease Number 91 -32 for Police Department
Dear Mr. Simmons:
Enclosed herewith for your file is a fully executed lease as
referenced above.
Sincerely,
I
Robert J. Mattingly
Assistant Director of Aviation
RJM:ag
Enclosure
MEMBER AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES • SOUTHEASTERN AIRPORT MANAGERS' ASSOCIATION • FLORIDA AIRPORT MANAGERS' ASSOCIATION
LEASE NUMBER 91 -32
THIS INDENTURE, made and entered into this 22nd day of March,
1991, by and between the SANFORD AIRPORT AUTHORITY, a special Board
constituted as an agent and instrumentality of the City of Sanford,
Florida, a municipal corporation of Seminole County, Florida,
hereinafter called the LESSOR, and THE CITY OF SANFORD POLICE
DEPARTMENT, hereinafter referred to as LESSEE.
W I T N E S S E T H:
For and in consideration of the rents, covenants, agreements
and conditions hereinafter reserved, made and entered into, it is
agreed, subject to the concurrence of the Federal Aviation
Administration, by and between the parties hereto as follows:
The LESSOR, on consideration of the rents, covenants,
agreements and conditions hereinafter reserved, made and entered
into, on the part of said LESSEE, to be paid, performed and
observed, has leased and does by these presents demise, lease and
rent unto LESSEE and LESSEE does hereby hire of and from LESSOR,
the land, buildings and facilities lying and being in the County of
Seminole, State of Florida, and being a part of the premises
usually known and designated as the Central Florida Regional
Airport property, said real property, and the appurtenances
thereto, being specifically described as follows:
Rooms 212, 212A and 214 on the second floor of Building One
Located at 2735 Mellonville Avenue, Sanford, Florida
1. TERM OF LEASE
This lease shall have a term of month to month, commencing on
the �lat day of April , A.D. 19 91 , upon the terms, conditions,
covenants and stipulat ns herein set forth. It is agreed by both
parties that this lease is on a month to month basis and may be
terminated by either LESSEE or LESSOR on thirty (30) days written
notice.
2. RENTAL
LESSEE agrees to pay to the LESSOR as rent, for the use of the
demised premises and facilities, for and during the said month to
month term hereof, the sum of $167.50 monthly, calculated as
follows:
33.5 x 15' = 502.5 square feet @ $4.00 psf = $2,010.00 Annual
2,010/12 = $167.50 Monthly
Monthly $167.50 Deposit $167.50
making a total monthly installment of $167.50. LESSOR acknowledges
receipt of one month's installment in advance and $167.50 as
security deposit which may be used to apply toward any delinquent
rent. In addition thereto, during the term of this lease and any
renewal or extension thereof, LESSEE shall pay any and all 'taxes,
assessments, or levies of any and every kind or nature charged,
levied or assessed against the leased premises, or upon or against
any items of personalty, equipment, fixtures, or improvements
thereon, each and every when due and payable according to law,
before any thereof become delinquent and before any interest
attaches. Nothing herein contained shall prevent the LESSEE from
contesting the validity of any taxes or assessments levied against
said land or other property; provided that in the event LESSEE
contests any such taxes or assessments, upon demand by LESSOR,
LESSEE shall give to LESSOR adequate security against loss by
reasons of such contest. In the event by Authority levying,
assessing or charging any of the taxes, levies or assessments
referred to herein does not forward the notice of such taxes,
levies or assessments directly to the LESSEE .tan"--ka-OT days after
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the LESSOR receives the same.
3. USE
LESSEE shall use and occupy the demised premises for
Office Space pursuant to the duties necessary for the City of
Sanford Police Department
purposes only, and shall not use the same in such manner in
violation of any laws, for any illegal purpose or use in a manner
giving other tenants or LESSOR just cause to terminate this lease.
LESSEE shall furnish HVAC equipment to be installed by LESSOR.
LESSOR shall furnish electricity, but will not be liable for
damages to tenant or any third person or to any property of any
kind of tenant or third person. LESSEE is to supply all other
utilities, lamps, light tubes or bulbs and janitorial services to
the premises. LESSEE shall be responsible for the removal of all
trash and debris from the premises.
4. CARE AND ALTERATIONS
LESSEE shall surrender the premises at the termination of this
lease or any extension thereof in as good condition as they were at
the commencement of this lease. Reasonable wear and tear or
unavoidable casualty excepted. LESSEE shall not make any
alterations or improvements to the premises without prior written
consent of LESSOR and all such alterations and improvements, except
movable office furniture, shall remain with the premises at the
termination of this lease, and become the property of LESSOR.
Liability for cost of replacing or repairing any part of the
building or the premises contained therein, damaged by the LESSEE
or LESSEE's agents or employees, shall rest solely with LESSEE.
5. ASSIGNMENT OR SUBLETTING
The LESSEE shall not assign this lease nor any interest
therein, nor underlet or sublet all or any part of the leased
premises, rights or privileges, without the written consent of
LESSOR being first had and obtained No assignment of this lease
shall relieve or release the LESSEE from any obligation, duty, or
liability herein or hereunder, but in the event of any assignment,
the LESSOR shall be authorized to deal with any assignee as fully
and completely as though he or it had been the original lessee
hereunder, without notice to the LESSEE. No consent by the LESSOR
to any subsequent assignment or subletting shall operate as a
consent to any other future assignment or subletting, or operate as
a waiver of the requirement of the LESSOR'S consent thereto. The
LESSEE shall furnish the LESSOR with a fully executed copy of any
assignment made hereunder.
6. INSURANCE
A. The LESSEE shall and will indemnify and save harmless
the LESSOR from and against any and all liability, claims, demands,
damages, expenses, fees, fines, penalties, suites, proceedings,
actions and costs of actions, including attorney's fees, of any
kind and nature arising or growing out of or in any way connected
with the use, occupancy, management and control of the demised
premises, or the use or occupation thereof by the LESSEE, or its
agents, servants, employees, customers, patrons or invitees, or
arising out of or in any way connected with the operation or
conduct of any business or businesses of the LESSEE of the demised
premises, or the use or occupation thereof by the LESSEE, or its
agents, servants, employees, customers, patrons or invitees, or
arising out of or in any way connected with the operation or
conduct of any business or businesses of the LESSEE of the demised
premises, or the use or occupation thereof by the LESSEE, or its
agents, servants, employees, customers, patrons or invitees, or
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arising out of or in any way connected with the operation or
conduct of any business or businesses of the LESSEE conducted upon
or about said premises, or said Airport, or arising out of or in
any way connected with any act of omission of the LESSEE or its
agents, servants, employees, customers, patrons or invitees,
whether on the demised premises or on or about said Airport, or
resulting from injury or damages to personal property, or loss of
life, or property of any kind or nature whatsoever sustained during
the term hereof, on or about the demised premises, or in or about
said Airport (except for injuries, damages, or claims which are the
result of the primary negligence of the LESSOR, or for which the
LESSOR is legally, directly, and primarily liable), and the LESSEE
shall, at its own cost and expense, promptly procure and pay for
and at all times maintain a policy or policies of insurance in a
company or companies acceptable to the LESSOR, protecting and
insuring the LESSOR against any and all of the foregoing, with
coverage limits of not less than $100,000 for injury to or death of
any one person, $300,000 for injury to or death of more than one
person, as a result of any one occurrence, and not less than
$100,000 for damage to any property; and all such policies of
insurance or certificates thereof and all renewals thereof shall be
delivered to and held by the LESSOR. In this regard all policies
must list the Sanford Airport Authority as an additional named
insured.
B. Not less than thirty (30) days prior to the effective
date of any renewal, the LESSEE shall furnish satisfactory proof to
the LESSOR that premiums have been paid. In addition, all insurers
shall furnish a certificate assuring the LESSOR that any coverage
will not be canceled or otherwise modified without written notice
to the LESSOR of at least thirty (30) days. It is further agreed
that if LESSEE fails to maintain current and effective insurance as
required after having been notified of such insurance cancellation
or termination, the LESSEE thereby becomes a tenant by sufferance
and the LESSOR shall be entitled to re -enter and retake possession
immediately of the structures.
7. DEFAULT IN PAYMENT
If LESSEE shall default in making any payments or in keeping
and performing the terms and conditions of this lease, or shall
become bankrupt or insolvent, LESSOR may re -enter premises
immediately and take possession thereof and at its option terminate
this lease with respect to all future rights of LESSEE, and LESSEE
hereby expressly waives any notice in writing of intention to re-
enter.
LESSEE will indemnify LESSOR. against all loss of rents and
other payments which may accrue by reason of such termination,
including all legal fees and expenses incurred in enforcing any of
the terms of this lease.
8. LIEN ON FIXTURES
LESSEE does hereby pledge and give a lien to LESSOR upon all
personal property of LESSEE situated on the premises as security
for payment of all rent due or to become due hereunder, if LESSEE
is in default on any of the terms and conditions of this lease,
then said personal property shall not be removed therefrom without
prior written consent of LESSOR.
9. DESTRUCTION BY FIRE
In case the building or any part thereof is destroyed or
partially destroyed by fire or other casualty, the LESSOR shall
repair the damage within a reasonable period of time, due allowance
being made for delays beyond control of LESSOR, and rent shall
abate proportionably to the extent that the premises are untenable.
But in event the damage shall be so extensive that building and /or
premises cannot be substantially restored within ninety (90) days,
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either LESSOR or LESSEE shall have the option to terminate this
lease upon thirty (30) days" written notice to the other from date
of damage, whereupon this lease shall terminate and LESSEE shall
pay rent up to date of damage and thereafter both LESSOR and LESSEE
shall be free and discharged of all further obligations hereunder.
10. RIGHT OF ENTRY
LESSOR or its agent shall have reasonable right of entry for
the performance of any of its obligations hereunder, including
right to show premises to a prospective tenant but no obligation to
repair shall be implied from such right or such entry.
11. NOTICES
Notice to the LESSOR provided for herein shall be sufficient
if sent by registered or certified mail, postage prepaid, addressed
to:
Sanford Airport Authority
P. O. Box 818
Sanford, Florida 32772 0818
and notices to the LESSEE shall be sufficient if sent by registered
or certified mail, postage prepaid addressed to the LESSEE at:
CITY OF SANFORD POLICE DEPARTMENT
or to such other respective addresses as the parties may designate,
in writing, from time to time.
12. SIGNS
LESSEE shall not display any signs, advertisements, or notices
in or on any part of the building or airport premise without prior
consent of LESSOR.
13. SEVERABILITY
If any term or condition of this lease is illegal, invalid or
unenforceable 'under present or future laws effective during the
term of this lease, it is the intention of both LESSOR and LESSEE
that the remainder of this lease shall not be affected thereby and
that in lieu of each such term or condition, there be added as part
of this lease a term of condition as similar as may be possible and
be legal, valid and enforceable.
14. WAIVER
A waiver of any term or condition of this lease by LESSOR
shall not be deemed to imply or constitute a future waiver of such
breach or waiver of any other term or condition contained herein.
15. SUCCESSORS AND ASSIGNS
All terms and conditions of this lease shall completely bind
and insure to the benefit of the heirs, legal representatives,
successors and assigns of both LESSOR and LESSEE.
16. KEYS
LESSOR is to provide LESSEE with keys to the building, and
LESSEE agrees to use the same for its own uses of the demised
premises and agrees not to permit any unauthorized person to use
the same. At termination of this lease, LESSEE agrees to
immediately turn over to LESSOR or his representative all such keys
in his possession relating to the demised premises.
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17. DISCRIMINATION
The LESSEE for himself, his heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with
the land that in the event facilities are constructed, maintained,
or otherwise operated on the said property described in this lease
for a purpose for which a Department of Transportation program is
extended or for another purpose involving the provision of similar
services or benefits, the LESSEE shall maintain and operate such
facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally- assisted Programs of the
Department of Transportation - Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regulation may be amended.
The LESSEE for himself, his heirs, personal representatives,
successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running with
the land that (1) no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use
of said facilities; (2) that in the construction of any
improvements on, over, or under such land and the furnishing of
services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subject to discrimination; (3) that
the LESSEE shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of
the Secretary, Part 21, Nondiscrimination in Federally - assisted
Programs of the Department of Transportation - Effectuation Title
VI of the Civil Rights Act of 1964, and as said Regulation may be
amended.
That in the event of breach of any of the above
nondiscrimination covenants, LESSOR shall have the right to
terminate the lease and re -enter and repossess said land and
facilities therein, and hold the same as if said lease had never
been made. This provision shall not be effective until the
procedures of Title 49, Code of Federal Regulations, Part 21 are
followed and completed, including exercise or expiration of appeal
rights.
18. TAXES
All sales or use taxes from time to time levied by lawful
authority shall be paid by and the responsibility of LESSEE.
19. MISCELLANEOUS PROVISIONS
A. The lease shall be subordinate to the provisions of
any existing or future agreement between the LESSOR and the United
States, relative to said airport property and the operation and
maintenance of the Airport.
B. During time of war or any national emergency the
LESSOR shall have the right to lease the landing area or any part
thereof to the United States Government for military or naval use,_
- -- - - anal, --if such lease is executed, the provisions of this instrument
insofar as they are inconsistent with the provisions of the lease
to the Government shall be suspended.
C. The LESSEE shall not at any time use the demised
premises or any part thereof for any purpose other than are herein
expressly authorized, without the written consent of the LESSOR
being first had and obtained.
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D. The accumulation of rubbish, trash, rags, cans,
grease, food items, gasoline or other combustible materials in or
about the buildings will not be tolerated. LESSEE shall keep his
area clean at all times and it shall be subject to inspection by
the Airport Manager at any time and if found to be considered a
fire or accident hazard, LESSEE shall be so informed and LESSEE
shall within two (2) days notice clean the area to the Airport.
Manager's satisfaction.
E. LESSOR has the privilege of showing to a prospective
tenant the above described premises for rent at any time within
thirty (30) days prior to the expiration of this lease and during
the said time to exhibit the said premises at reasonable hours.
F. The LESSEE agrees to abide by all rules and
regulations concerning operational safety, parking of aircraft,
vehicles, fire prevention and related materials as promulgated by
the Airport Manager, copies of which rules and regulations are
available to LESSEE in the Office of the Airport Manager.
G. Notwithstanding anything contained herein that may be
or appear to be to the contrary, it is expressly understood and
agreed that the rights granted under this agreement are
nonexclusive and the LESSOR reserves the right to grant similar
privileges to another operator or operators on other parts of the
Airport.
H. LESSEE understands and agrees that there shall be no
parking of any tractor, truck, trailer, recreational vehicle or
other similar object upon the Sanford Airport except for the
express purpose of loading and unloading, and in no event to exceed
twenty -four (24) hours consecutively. This prohibition also
applies to storage in or upon said objects and LESSEE agrees that
LESSOR shall be reimbursed for any expenses associated with the
removal of any object in contravention of this subsection.
I. LESSEE shall utilize the parking spaces made
available by LESSOR which are located on the east side of Building
1.
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A
IN WITNESS WHEREOF, the LESSEE has caused this instrument
to be executed in its name by its duly authorized officers, its
corporate seal affixed and attested by its Secretary, and the
LESSOR, acting by and through the Sanford Airport Authority, has
caused this instrument to be executed in its name by the Chairman
of said Authority, and attested by the Airport Manager, Central
Florida Regional Airport, acting as Clerk of said Authority, on the
day and year first above written.
FOR THE LESSOR
Signed, sealed and delivered
in the pres ce of
Witness
Atte
Witnes s
FOR THE LESSEE
(CORPORATE SEAL)
By: �Z � p
/pre dent
_.Attest:
Secretary
(City Clerk)
fi
SANFORD AIRPORT AUTHORITY
/ -0a�/o
n SANF(ORD AIRPORT
February 24, 2000
Mr. Tony VanDerworp
City Manager, City of Sanford
P.O. Box 1788
Sanford, Florida 32772 78'0
Re: Lease Num er 91 -32 Oid T- Hangar Lease Number 13 -77
Dear Mr. Vanderworp:
The above referenced leases between the Sanford Airport Authority and the City of
Sanford Police Department are no longer active.
If you have any additional questions, please call me.
Sincerely,
Raymond J. Wi
Director of Marketing & Properties
C=0Wlra ^
PH MR 1 2000
Sanford Airport Authority
One Red Cleveland Boulevard, Suite 200
Sanford, FL 32773
(407) 322 -7771 - Fax (407) 322 -0186
vwvw.orlandosanfordairport.com
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