HomeMy WebLinkAbout068-James W. Hickman Marital Trust PropertyHICKMAN ENTERPRISES
ANDRE F. HICKMAN K
July 24, 2007
Mr. Robert J. Tunis
Economic Development Director
City of Sanford, Florida
Post Office Box 1788
Sanford, Florida 32772 -1788
PO BOX 941618
MAI TLAND, FL 32794
Ph: (407) 629 -168$`
Fax: (407) 629 - 91981 ":
RE: James W. Hickman Marital Trust Property; Parcel ID# 25- 19- 30 -5AG- 0201 -0010
Dear Mr. Tunis,
Thank you for your preparation of the final Vacant Lot Lease for the above - described
property. Accordingly, enclosed please find an original Vacant Lot Lease signed by Mr.
Hickman.
Please have the Mayor execute the same and return a copy to our office along with the check
for the rental due.
We appreciate your attention to this matter and I look forward to receipt of a copy of the fully
executed Vacant Lot Lease and original check. If you need anything further, please don't
hesitate to contact me.
Sincerely
JAMES W. HICKMAN MARITAL TRUST
Paul M. Sills
General Counsel
PMs /Pms
enclosure
60 1711v y .
IA-
CHECK NO. 122125
DATE ' ACCOUNT PROJ PO INVOICE I AMOUNT
07/24/2007 001- 0102 - 512.49 -04
2,400.00
07/06 -06/08
JAMES W. HICKMAN MARITAL TRUST 9999999 * ** *2,400.00
CHECK NO. 122125
DATE ACCOUNT PROJ PO INVOICE AMOUNT
07/24/2007 001- 0102 - 512.49 -04 07/06 -06/08 2
JAMES W. HICKMAN MARITAL TRUST 9999999
6RDER
OF
* ** *2,400.00
11' 12 2 1 2 Sum 1:0 6 30000 2 L1: 20000 L 4 4 708 3 Luo
VACANT LOT LEASE
THIS VACANT LOT LEASE, made this A71k day of , 2007, by and
between ANDRE FRANCOIS HICKMAN, Authorized Co- Trustee of the James W. Hickman
Marital Trust under Agreement Article VIII, hereinafter called "LESSOR ", whose mailing
address is Post Office Box 941618, Maitland, Florida 32794 and CITY OF SANFORD,
FLORIDA, hereinafter called "LESSEE ", whose address is 300 North Park Avenue,
Sanford, Florida 32771.
WITNESSETH:
(1) PREMISES In consideration of the rents, covenants and agreement
hereinafter made, reserved and contained on the part of Lessee to be observed and
performed, the Lessor leases to the Lessee and Lessee rents from Lessor the premises
located at 308 East First Street, Sanford, Florida 32771, identified as Seminole County Tax
Parcel ID 25- 19- 30 -5AG- 0201 -0010, and more particularly described on the attached
Exhibit "A" (hereinafter called "Premises "). The premises shall be used by the Lessee as a
Farmer's Market and a parking facility.
(2) TERM The term of this Lease, and Lessee's obligation to pay rent, shall
commence on July 1, 2006, and shall continue month to month thereafter for twelve (12)
consecutive months subject to automatic annual renewal month to month thereafter unless
sooner terminated as hereinafter provided.
(3) RENT
(a) The Lessee 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 rental of Two Thousand, Four
Hundred Dollars ($2,400.00) on the signing of this Lease representing rental for the
Page 1 of 6
months of July, 2006 through June, 2008, and a similar sum payable annually in advance
thereafter.
(b) REAL ESTATE TAXES Lessee shall pay the real estate taxes for the
premises and all other assessments or taxes assessed against the premises for so long as
this Lease remains in effect.
(c) TERMINATION Either party may terminate this Lease on forty five
(45) days written notice to the other by certified mail to Lessor or Lessee at the address
shown herein. In the event of early termination, rent paid in advance will be refunded by
Lessor pro rata at One Hundred Dollars ($100.00) per month and taxes paid in advance
pursuant to 3(b) hereof will be refunded by the Lessor pro rata for the unused term.
(d) RENEWAL This Lease shall automatically renew annually hereafter
as agreed unless terminated by either party as provided herein.
(4) USE Lessee 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 all
applicable governmental bodies relating to the use of said premises, including sidewalks,
alleys, and streets adjoining.
(5) MAINTENANCE Lessee shall accept said premises in the condition that the
same shall be in at the commencement of the term of this Lease, and shall not permit or
allow the premises to be damaged or depreciated in value by any willful act or act of
negligence of Lessee or its agents or any third parties and Lessee shall at all times during
the term of this Lease keep the premises in good repair, ordinary wear and tear excepted
in accordance with the Sanford City Code.
(6) MECHANIC'S LIENS Lessee shall not have nor shall anyone claiming by,
through, or under Lessee have the right to file or place any mechanic's liens or other lien
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of any kind or character whatsoever upon said premises or improvement thereon, or upon
the leasehold interest of Lessee therein, nor shall anyone furnishing any material, service,
or labor for any improvements, alterations, repairs, or any part thereof, at any time be or
become entitled to any lien thereon. This paragraph shall survive any termination of this
Lease to the extent of any such claim for pre- termination activities.
(7) 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, perform investigations, studies, evaluations and all of which the
Lessor deems advisable to make in order to investigate and /or preserve the Demised
Premises.
(8) PUBLIC LIABILITY INSURANCE Lessee 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 as provided for in this
paragraph. Such liability, accident, and property damage insurance shall be to protect
Lessor against any claims for injuries to person or persons or property arising or growing
out of the use of said premises by Lessee, and the amount of liability insurance shall be an
amount available to the Lessee through its usual provider. Further, Lessee shall
indemnify Lessor for any matter arising upon the premises which is not covered by such
insurance. This indemnity provision is not intended as a waiver of Lessee's common law
right of sovereign immunity, as adopted in Section 2.01, Florida Statutes. The limited
waiver of sovereign immunity set forth in Section 768.28, Florida Statutes, for tort actions
brought against Lessee shall be applicable to any action brought pursuant to this indemnity
provision, even if the indemnity action sounds in contract rather than tort. This provision
shall survive termination hereof.
Page 3 of 6
(9) 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, licensees, concessionaires, of such parties.
(10) DEFAULT In the event Lessee shall fail for three (3) days following receipt
of notice from Lessor to remedy any default in the payment when due of any sum required
to be paid by Lessee under this Lease, or in the event that Lessee shall fail to take all
reasonable steps to perform any other term, covenant or condition herein after ten (10)
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.
(11) VENUE Venue for enforcement hereof shall be in Seminole County, Florida.
In the event of litigation related to this Lease, the prevailing party shall be entitled to
recover their reasonable attorney's fee from the non - prevailing party. The parties agree to
engage in Dispute Resolution of all issues between them prior to submitting litigated
matters to non -jury trial. The parties waive jury trial.
(12) RECORDATION Lessor and Lessee agree not to place this Lease of record
but to execute and acknowledge a short form thereof for recording, if requested by a party
in writing.
(13) 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 way 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.
Page 4 of 6
(14) CONSUMATION Lessor and Lessee warrant and represent that there was
no broker or agent instrumental in consummating this Lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals in duplicate the day and year first above written.
Signed, Sealed and Delivered
in the Presence of Witnesses:
Signature
P.."I /K . S i I li
Pri d Name
ry
t 6A,
ignature
Sjx66Ln d. bi4A
Printed Name
LESSOR:
A NYR� FRANCOIS HYCKMAN,
Authorized Co- Trustee of the James W.
Hickman Marital Trust under Agreement
Article VIII
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this tA day of
U /V , 2007, by Andre Francois Hickman, Authorized (;o-Trustee of the
James & Hickman Marital Trust under Agreement Article VIII, who is V personally known
to me or [ ] who has produced his as identification.
12( /1 A2,..&
(seal) Notary Public State of Florida
'Y_
Lind L1D.f
Printed Na e
x g LINDSAY N. POULOS
MY COMMISSION # DD681389
EXPIRES June 04, 2011
(407) 398.0153 FlondallotaryServfcexom
Page 5 of 6
ATTEST.
LESSEE:
/Janet R. Dougherty, Cit Clerk Li4Kn, Mayo r
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this :-A day of
, 2007, by Linda Kuhn as Mayor of the City of Sanford, Florida, Ao i
personally known to me.
6
(seal) Notary Public - State f Florida
DEBRA C. SIMMONS
Notary Public, State of Florida
My comet expires July 25, 2008
No. DD 340621
1 1 1 in Agelicy, 111C. t800)45 1 -2 4834
Printed
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LEGAL DESCRIPTION
Tax Parcel: 25- 19- 30 -5AG- 0201 -0010
Lots 1 2 3 4 5 6 7 & 8 and vacated alley between Lots 1 to 3 and 5 to 7, Block 2, Tier 1,
TOWN OF SANFORD, according to the plat thereof as recorded in Plat Book 1, Page 58
of the public records of Seminole County, Florida.
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EXHIBIT "A"