HomeMy WebLinkAbout053-Word For Right Now MinistrySUB -L E A S E
THIS LEASE AGREEMENT, made this 1st day of May, A. D. 1997,
by and between AMVETS POST #17, hereinafter called "LESSOR," and
WORD FOR RIGHT NOW MINISTRIES, INC. /PRODUCTIVE INNERCITY EDUCATION,
hereinafter called "SUBLESSEE."
W I T N E S S E T H:
(1) PREMISES In consideration of the rents, covenants and
agreements hereinafter made, reserved and contained on the part of
SUBLESSEE to be observed and performed, the LESSOR leases to the
SUBLESSEE and SUBLESSEE leases from LESSOR the premises located at
901 W. Seminole Boulevard, Sanford, Florida, together with the
improvements thereon. This Lease does not include the gun range
located at the south end of the facility.
(2) TERM. The term of this Lease, and SUBLESSEE's obligation
to pay rent, shall commence on May 1, 1997, and shall end, unless
sooner terminated as hereinafter provided, at midnight on May 1,
1998. The days and times for the use of the Police Benevolent
Association Building by the SUBLESSEE shall be as follows:
Monday
6:00
P.M.
to
8:00
P.M.
Wednesday
7:00
P.M.
to
9:00
P.M.
Sunday
10:00
A.M.
to
9:00
P.M.
Subject to continuation of Lease between LESSOR and the City
of Sanford (Owner) beyond May 1, 1998, this Lease Agreement may be
extended /renegotiated for an additional period concurrent with the
Lease between LESSOR and the Owner. Notice of Intent not to
extend /renew shall be given no less than sixty (60) days before
termination of the Lease term or any subsequent extension of the
same.
(3) RENT The SUBLESSEE covenants and agrees to pay to
LESSOR at such place as LESSOR may, in writing, from time to time
designate, rental in lawful money of the United States for the
demised premises a guaranteed and fixed monthly rental of $150.00,
payable in advance on the first day of each month plus applicable
sales tax, beginning May 1, 1997, and continuing on the first day
of each month thereafter during the term hereof.
(4) USE SUBLESSEE shall not permit said premises to be used
for any unlawful purpose and shall at all times comply with the
laws and rules and regulations of the applicable governmental
bodies and fire inspection and rating bureaus relating to the use
of said premises, including sidewalks, alleys, and streets
adjoining.
(5) MAINTENANCE THE SUBLESSEE shall also keep the demised
premises and buildings and improvements thereon in a clean
condition, and shall not permit or allow any refuse or debris of
SUBLESSEE to accumulate thereon, or upon the sidewalks, alleys, or
streets adjoining the same. All glass on demised premises is the
sole risk of the SUBLESSEE and any glass broken is to be replaced
by glass of the same kind, size, and quality insofar as the same is
obtainable at the expense of the SUBLESSEE. THE SUBLESSEE shall
make all equipment replacements. The SUBLESSEE shall also be
responsible for grounds maintenance including mowing, in the shaded
area as shown on Attachment #1.
THE SUBLESSEE MUST CLEAN THE FACILITY AND STORE AWAY SPECIALITY
ITEMS AFTER EACH DAY'S USE.
(6) MECHANIC'S LIENS THE SUBLESSEE shall not allow any
liens to be filed nor shall anyone claiming by, through, or under
SUBLESSEE have the right to file or place any mechanic's liens or
other lien of any kind or character whatsoever upon said premises
or upon any building or improvement thereon, or upon the leasehold
interest of SUBLESSEE therein, nor shall anyone furnishing any
material, service, or labor for any building improvements,
alterations, repairs, or any part thereof, at any time be or become
entitled to any lien thereon.
(7) ADDITIONS AND ALTERATIONS SUBLESSEE, with LESSOR's
written consent, may, at its sole costs and expense, at any time
during the term hereof, make any alterations or improvements in or
upon the demised premises which SUBLESSEE may deem necessary or
desirable for its purposes. No such alterations or improvements
shall be made that shall weaken the structure of the building. All
work herein permitted shall be done and completed by SUBLESSEE in
a good and workmanlike manner and in substantial compliance with
all requirements of law and governmental rules and regulations.
THE SUBLESSEE shall indemnify LESSOR against all mechanics or other
liens arising out of any such work, and also against any claims for
damages or injury which may occur during the course of any such
work. THE LESSOR shall apply for or join with SUBLESSEE in
applying for all permits necessary to promptly execute such
consents as such authorities may require in connection with the
foregoing work.
(8) UTILITIES The SUBLESSEE shall pay to LESSOR three -
sevenths (3/7) of utilities, including water, gas, electricity, and
sewerage, and also for trash and garbage removal, as imposed by
governmental authorities. THE LESSOR shall advise SUBLESSEE as
bills are received. SUBLESSEE shall pay LESSOR within ten (10)
calendar days.
PBA Building Sub -Lease
Dated May 1, 1997 - Page 2
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(9) BANKRUPTCY OR INSOLVENCY If at any time during the term
of this Lease, or any extension thereof, a voluntary case is
commenced by the SUBLESSEE, or an involuntary case is commenced
with respect to the SUBLESSEE, under the bankruptcy laws of the
United States of America, and such case shall not be dismissed
within sixty (60) days from the date of such commencement, then, at
the option of the LESSOR, the commencement of either such case
shall be deemed to constitute a breach of this Lease by the
SUBLESSEE. The LESSOR, at its election, may terminate this Lease
in the event of occurrence of such case by giving not less than
five (5) days written notice to the SUBLESSEE or to the assignee or
to the trustee or to such other person appointed pursuant to an
order of the court, and thereupon the LESSOR may re -enter the
demised premises and this Lease shall not be treated as an asset of
SUBLESSEE's estate. However, the LESSOR shall be entitled to
exercise all available rights and remedies and to recover from the
SUBLESSEE all monies that may be due or become due, including
damages resulting from the breach of the terms of this Lease by the
SUBLESSEE.
(10) INSPECTION OF AND ACCESS TO PREMISES LESSOR, its agents
and employees, shall have the right, at all reasonable times, to
enter the demised premises or any part thereof to inspect and
examine the same and for the purpose of making any repairs to or
within the demised premises which the LESSOR has agreed to make
under the terms of this Lease, and /or which the LESSOR deems
advisable to make in order to preserve and /or maintain the demised
premises. The SUBLESSEE has exclusive use of the storage room
located on the left side as you enter the front door. The LESSEE
must designate to the SUBLESSEE equal storage space behind the
counter and in the kitchen. Access to these spaces shall be
limited to time, the SUBLESSEE utilizes the demised premises.
(11) INDEMNIFICATION OF LESSOR THE SUBLESSEE shall pay to
LESSOR all costs and expenses incurred in the enforcement of any of
the provisions of this Lease, including reasonable attorney's fees.
SUBLESSEE hereby agrees to fully hold Owner and LESSOR
harmless and fully indemnify them for any damages, loss, claims for
violation of the American with Disabilities Act or other laws,
judgment claim or penalty and expenses and costs, including
attorney's fees incurred, imposed or levied in conjunction with the
response to defense or settlement of any claim arising out of this
Lease or use of the demised premises other than damages, losses,
judgments, claims, or levies resulting solely from the acts of
Owner or LESSOR or their agents or employees in conjunction with
this Lease or use of the demised premises.
PRA Building Sub -Lease
Dated May 1, 1997 - Page 3
11_. 40-,
(12) PUBLIC LIABILITY INSURANCE THE SUBLESSEE shall at all
times during the term of this Lease, carry general liability,
accident, and property damage insurance and such other insurance as
shall be required for the protection of LESSOR and Owner as
provided for in this paragraph. Such liability, accident, and
property damage insurance shall be to protect LESSOR and Owner
against any claims for injuries to a person or persons or property
arising or growing out of the use of said premises by SUBLESSEE,
and the amount of liability insurance shall not be less than the
sum of One Hundred Thousand Dollars ($100,000.00) per person and
Three Hundred Thousand Dollars ($300,000.00) per incident, and the
amount of public liability property damage insurance shall not be
less than the sum of Fifty Thousand Dollars ($50,000.00) per
incident. LESSOR and Owner shall be listed as additional named
insureds on an insurance certificate provided to both.
(13) DAMAGE OR DESTRUCTION BY FIRE OR THE ELEMENTS OR
CASUALTY If at any time or times during the term of this Lease,
any building or improvements on said premises or any part thereof
are damaged by fire or the elements or other casualty and if the
premises are so badly damaged that they cannot be repaired and
restored within sixty (60) days from the happening of such damage,
then SUBLESSEE shall have the privilege of cancelling this Lease by
giving written notice to LESSOR and to Owner within thirty (30)
days after the happening of such damage. If SUBLESSEE shall not
exercise its right as hereinabove granted to cancel and terminate,
then and in such event, Owner shall repair and restore the premises
with all reasonable speed, and the rent shall abate during the time
Owner is making such repairs. If SUBLESSEE shall exercise its
right as hereinabove granted to cancel and terminate, said
insurance monies shall be paid and may be collected by Owner for
its sole benefit. In case of damage exceeding 25 percent (25 %) of
facility value, the Owner reserves the right to choose not to
rebuild or repair.
(14) NET RENT It is the purpose and intent of the LESSOR and
SUBLESSEE that all costs, impositions, insurance premiums, carrying
charges, expenses, levies, taxes and obligations as set forth
herein, relating to the SUBLESSEE, or any improvements thereon or
additions thereto, which may arise or become due during or out of
the term hereof, as hereinabove specifically provided, shall be
paid by the SUBLESSEE.
(15) ASSIGNMENT AND SUBLETTING THE SUBLESSEE shall not assign
this Lease, or sublet the demised premises or any part thereof, or
permit the use of the demised premises by any party other than
SUBLESSEE.
PBA Building Sub -Lease
Dated May 1, 1997 - Page 4
r.
(16) CANCELLATION OF LEASE BY LESSOR In the event SUBLESSEE
shall default in the payment of rent herein required within ten
(10) days of the due date, or if SUBLESSEE shall default in
performing any of the other terms or provisions of this Lease which
are to be performed by the SUBLESSEE, and fails to cure such other
default within thirty (30) days after the date of written notice
from LESSOR of such default, then, in such event, LESSOR, with the
Owner's final approval, may terminate this Lease by written notice
to the SUBLESSEE, whereupon this Lease shall end and terminate.
(17) SUCCESSORS All rights, obligations, and liabilities
given to, or imposed upon the parties hereto shall extend to and
bind the respective heirs, executors, administrators, successors,
SUBLESSEES, licensers, concessionaires, and assigns of such
parties. No rights, however, shall inure to the benefit of any
assignee of SUBLESSEE unless the assignment of such assignees has
been approved by both Owner and LESSOR, in writing, as hereinabove
set forth.
(18) DEFAULT In the event SUBLESSEE shall fail for ten (10)
days following receipt of notice from LESSOR to remedy any default
in the payment when due of any sum required to be paid by SUBLESSEE
under this Lease, or in the event that SUBLESSEE shall fail to take
all reasonable steps to perform any other term, covenant or
condition herein after thirty (30) days notice from LESSOR to do
so, then in either such event LESSOR may, at its option, to be
exercised in writing, cause the forfeiture of this Lease.
Possession of the within demised premises and all additions and
permanent improvements thereof shall be delivered to LESSOR upon
ten (10) days written notice that LESSOR has exercised said option,
and thereupon LESSOR shall be entitled to and may take immediate
possession of the demised premises, and other notice or demand to
be hereby waived.
(19) VENUE Venue for enforcement hereof shall be in Seminole
County, Florida. In the event LESSOR retains an attorney to
enforce its rights in this Lease, SUBLESSEE shall be responsible
for paying any reasonable attorneys' fees incurred with or without
a lawsuit, including fees incurred for appeals.
(20) CUMULATIVE RIGHTS All rights, powers and privileges
available hereunder to the parties hereto are cumulative and are in
addition to the rights granted by law.
(21) SERVICE OF NOTICE AND ADDRESS OF THE PARTIES The
SUBLESSEE herewith irrevocably agrees to appoint as its Agent the
person in charge of the SUBLESSEE's business being then operated in
the demised premises, to receive service of all notices hereunder,
PBA Building Sub -Lease
Dated May 1, 1997 - Page 5
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including dispossessory and /or distraint proceedings, and, if no
person is then in charge of said SUBLESSEE's business in the
demised premises, a copy of all such notices may be given and
services may be made by affixing a copy thereof on the main
entrance of said demised premises. A copy of all such notices
given by or in behalf of the LESSOR /Owner pursuant to the
provisions contained in this lease shall also be mailed to the
SUBLESSEE's last known address as given, in writing, to the LESSOR
if different from the address of the demised premises.
The present address of the SUBLESSEE is:
430 South Garfield Avenue
DeLand, Florida 32724
The Owner's address is:
Post Office Box 1788
Sanford, Florida 32772 -1788
All notices to the LESSOR shall be given to the LESSOR at
Post Office Box 2192, Sanford, Florida 32772 -2192.
The notices required or permitted to be given pursuant to the
terms of this Lease, shall be deemed to be duly given if deposited
in the United States mail, postage prepaid, by registered or
certified mail, or addressed to the parties at the places above
named, or such other places as they may hereafter designate in
writing for the delivery of such notices.
(22 WAIVER OF RIGHTS No failure of LESSOR or Owner to
exercise from time to time any right or privilege granted LESSOR or
Owner hereunder, or to obligations hereunder required of the
SUBLESSEE, and no custom or practice of the parties at a variance
with the terms hereof shall constitute a waiver of LESSOR's right
to demand strict compliance with the terms hereof. No waiver by
LESSOR of any breach of any covenant of the SUBLESSEE herein
contained shall be construed as a waiver of any subsequent breach
of the same or any other covenant herein contained.
(23) CAPTIONS Paragraph captions or marginal notes
throughout this instrument are inserted for convenience and
reference only, and the words contained therein shall in no way be
held to explain, modify, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Lease or as a
limitation of the scope of the particular paragraph to which they
refer.
PBA Building Sub -Lease
Dated May 1, 1997 - Page 6
(24) RECORDATION
this Lease of record.
ba
LESSOR and SUBLESSEE agree not to place
(25) ENTIRE AGREEMENT This Lease contains and embodies the
entire agreement of the parties hereto and no representations,
inducements or agreements, oral or otherwise, between the parties
not contained and embodied herein shall be of any force or effect,
and the same may not be modified, changed or terminated in whole or
in part orally or in any manner other than by an agreement in
writing duly signed by all of the parties hereto.
(26) QUIET ENJOYMENT So long as the SUBLESSEE pays the Rent
and faithfully performs and observes all of the covenants and
provisions hereof upon its part to be performed, SUBLESSEE shall
have peaceable and quiet enjoyment and possession of the demised
premises together with the use of the common area facilities,
without any let or hindrance from the LESSOR or of any persons or
entities lawfully claiming through the LESSOR.
(27) When Lease is terminated, SUBLESSEE shall not have to
remove any improvements made to the premises by SUBLESSEE which
were authorized and installed pursuant to this Lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals in triplicate the day and year first above wrote.
Signed, Sealed and Delivered
In the Presence of Witnesses:
By
(As to LESSOR)
AMV / ETS POST #17
WLAffiTER N. B!
i e U r`er� S✓
(407) 322 -4777' �j ran
WORD FOR RIGHT NOW MINISTRIES, INC.
PRODUCTIVE INNERCITY EDUCATION
By: c!Gi/d.fl.B'/✓ �a�edy�
BISHOP DAVID GRANT, SR.
(904) 738 -1449
PBA Building Sub -Lease
Dated May 1, 1997 - Page 7
Grp
(As to SUBLESSEE)
�.
(A to JOINDER)
CITY OF / SA ' NFORD (Joinder)
By:
L Y A. DALE, Mayor
PBA Building Sub -Lease
Dated May 1, 1997 - Page
6a
attachment #1
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GROUNDS OF THE POLICE BENEVOLENT ASSOCIATION BUILDING
/ * UT / ILITY POLE
DRIVEWAY I
i�
l
P.B.A. BUILDING
SEMINOLE BLVD.
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f. .
o.
LESSEE WILL BE RESPONSIBLE FOR GROUNDS MAINTENANCE. INCLUDING MOWING. IN THE
ABOVE SHADED AREA.