HomeMy WebLinkAbout024-Wes Rinker Florida Baseball School 1979L E A S E
of May
THIS LEASE, made and entered into this / tj r day
, A. D., 1979, by and between the CITY OF SANFORD,
FLORIDA, a Municipal corporation, hereinafter called "Lessor ",
and WES RINKER, doing business as WES RINKER FLORIDA BASEBALL
SCHOOL, hereinafter called "Lessee ":
W I T N E S S E T H
WHEREAS, the Lessor herein is the owner of certain
property situated in Sanford, Seminole County, Florida, knovm as
the SANFORD MUNICIPAL STADIUM, which is presently leased by
Lessee, and
WHEREAS, it is the desire of the parties to enter
into a new Lease to replace the present existing Lease in
accordance with the terms and provisions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the
sum of $1.00 per year together with other good and valuable
considerations as well as the covenants and agreements herein-
after contained, Lessor does hereby rent and lease unto Lessee,
and Lessee does hereby lease and rent from Lessor that certain
property situated in Sanford, Seminole County, Florida, known as
the SANFORD MUNICIPAL STADIUM together with the parking areas
adjacent to said stadium upon the following terms and conditions:
1. This Lease is for a period of fifteen (15)
years with the effective date of commencement of the term of
the Lease being the 1st day of June , A. D., 1979. In
the event that the capital improvements on the stadium hereinafter
specified are not completed within two (2) years of the effective
date of this Lease, this Lease shall be terminated and shall be
of no further force and effect. In the event of such failure
to complete the capital improvements, it shall be the obligation
of Lessor to notify Lessee in writing that Lessor regards the
Lease as terminated and Lessee shall have thirty (30) days from
the date of such notice within which to vacate the premises.
2. Lessee agrees to effect the following capital
improvements within the first two (2) years of this Lease.
(a) Improvements of the stadium lighting system
to include replacement of cross -arms, wiring and light fixtures
on the light poles. The light fixtures are to be metal halite
units with 68 units replacing the 242 units.
(b) All metal parts of the stadium are to be .
sandblasted, repaired and painted, and the rusted areas and holes
shall be exposed and patched.
Lessee shall have the right to make such other improvements as
may be elected by Lessee and the parties specifically acknowledge
and agree that all capital improvements shall be considered as
the property of Lessor at such time as this Lease is terminated.
3. Lessee shall use the leased premises for
conducting baseball. training and for baseball games. Lessor
shall have the right to use the leased premises for special
events as desired by Lessor from time to time, so long as the
use of the premises does not interfere with the activities of
Lessee. The parties specifically agree that Lessor shall, among
other special events, have the right to use the leased premises
for the Golden Age Olympics. When the leased premises are used
by Lessor for any special events, Lessor shall be responsible
for any expenses incurred in connection with such an event
including but not limited to the cost of utilities and cleanup
at the termination of the special event.
4. Lessee shall pay unto Lessor as rental for the
leased premises, the sum of $1.00 per year, and in addition
thereto, Lessee shall pay all operating and maintenance expenses
(except those expenses incurred in Lessor's special events)
including but not limited to electrical power, gas, water, fuel,
fertilizer, grass and labor required during the period of
occupancy and covenants that the aforesaid facility when deliverec
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back unto Leesor shall be in the same condition as it was when
received by Lessee. In addition thereto, Lessee shall perform
all necessary maintenance and repair pertaining to the fences,
grounds, grandstands, bleachers and light structures and to
deliver up the premises at the termination of this Lease in the
same condition as received, normal wear and tear excepted.
5. At or during all athletic contests or other
utilization of the leased premises by Lessee, Lessee at his
own cost and expense shall provide necessary police or other
personnel for crowd control, security and traffic.
6. Lessee at all times will indeminify and save
Lessor harmless from any and all fault, liability, damage, suits
or other costs arising out of or in any way connected with the
use or occupancy of the leased premises by Lessee, and in
connection therewith, will maintain in force during the lease tern
a policy or policies of insurance protecting Lessor in a sum not
less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for personal
injury to any one person and THREE HUNDRED THOUSAND DOLLARS
($300,000.00) for personal injury from any one accident, and
TWENTYFIVE THOUSAND DOLLARS ($25,000.00) property damage. Lessee
shall furnish unto Lessor a Certificate from his insurance compan3
as evidence that he has complied with the provisions of this
paragraph and shall further present proof of payment of the premit
on the anniversary date of the policy.
7. In the event Lessee discontinues use of the
leased premises for baseball oriented activities, this Lease
shall terminate and shall be considered by the parties as null
and void and of no further force and effect. In such event,
Lessee agrees to release possession of the leased premises to
Lessor.
8. Lessee shall refrain from assigning or
subletting any portion of the leased premises to any other party
without express written consent of Lessor, except that Lessee
shall have the right to sublet the leased premises for a special
event so long as such event does not exceed twenty -four (24) hours
in duration.
9. The terms and provisions of this Lease shall be
binding upon the parties hereto and shall not be altered or amende
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unless in writing signed by each of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hands and seals, this /4' day of May
A. D., 1979.
Witnesses:
As to Lessor
CITY OF S FLORIDA
fi r'
X /
By: `'^ _ _( SEAL)
MAYOR
Attest:
By `_ (SEAL)
`e Y CL a
By:_ (SEAL)
WES RI.KER, d/b/a WES RINKER
/ f7 FLORIDA BASEBALL SCHOOL
As to t e ee
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