HomeMy WebLinkAboutL 85 Harbour Place LseThis agreement, made and entered into by and between HARBOUR
PLACE PARTNERSHIP, a Florida General Partnership, whose address is
305 Douglas Place, Altamonte Springs, Florida 32714, as "Assignor"
and WILSON CENTER, INC., a Florida Corporation, whose address is
550 North Palmetto Ave., Sanford, Florida, as "Assignee".
Witnesseth:
WHEREAS, Harbour Place Partnership purchased and took by way
of Quit Claim Assignment of Leasehold Interest, from Sun Trust
Bank, National Association, as Assignor, that certain lease
originally entered into by the City of Sanford, Florida, as Lessor
and John Smith, as Lessee dated November 15, 1985; and
WHEREAS, thereafter, the City of Sanford and Harbour Place
Partnership terminated the above referenced lease and entered-into
another Lease dated October 23, 1995, a copy of which is attached
hereto and marked Exhibit "A", hereinafter referred to as the
"Lease"; and
Whereas, the parties desire to assign the Lease from Assignor
to Assignee.
Now Therefor, in consideration of $10.00 and other valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
/V
Assignor grants, sells, conveys, transfers, and assigns all of
Assignor's right, title, and interest in and to the Lease to
Assignee from the date hereof. Assignee accepts this assignment of
the Lease and assumes all rights and obligations as Lessee of the
Lease.
IN WITNESS WHEREOF, the parties have executed this Agreement
intending to be bound thereby on the dates indicated below their
signatures.
(End of text. The next page is the Signature page.)
IM I all
MARYPNW MORSE, CLERK OF CIRCUIT COURT
SEMI LE COLWTY
Prepared
by and return
BK 05021 PG 1835
to after
recording:
CLERK'S # 2003167072 ,T
Frank C.
Whigham, Esq.
REWROED 09/19/2003 11:13:07 AN
P.O. Box
4848
RELIMING FEES 51.00
Sanford,
FL 32771
REMMD BY 9 O'Kelley
ASSIGNMENT OF
LEASE
This agreement, made and entered into by and between HARBOUR
PLACE PARTNERSHIP, a Florida General Partnership, whose address is
305 Douglas Place, Altamonte Springs, Florida 32714, as "Assignor"
and WILSON CENTER, INC., a Florida Corporation, whose address is
550 North Palmetto Ave., Sanford, Florida, as "Assignee".
Witnesseth:
WHEREAS, Harbour Place Partnership purchased and took by way
of Quit Claim Assignment of Leasehold Interest, from Sun Trust
Bank, National Association, as Assignor, that certain lease
originally entered into by the City of Sanford, Florida, as Lessor
and John Smith, as Lessee dated November 15, 1985; and
WHEREAS, thereafter, the City of Sanford and Harbour Place
Partnership terminated the above referenced lease and entered-into
another Lease dated October 23, 1995, a copy of which is attached
hereto and marked Exhibit "A", hereinafter referred to as the
"Lease"; and
Whereas, the parties desire to assign the Lease from Assignor
to Assignee.
Now Therefor, in consideration of $10.00 and other valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
/V
Assignor grants, sells, conveys, transfers, and assigns all of
Assignor's right, title, and interest in and to the Lease to
Assignee from the date hereof. Assignee accepts this assignment of
the Lease and assumes all rights and obligations as Lessee of the
Lease.
IN WITNESS WHEREOF, the parties have executed this Agreement
intending to be bound thereby on the dates indicated below their
signatures.
(End of text. The next page is the Signature page.)
Sig d, ealed an ered
-'iv
he ce Zilne s ses:
W ne s Signature\
4nt-pd Sig-natu-
Wi-Efieqs Sign!9i`tu`r--e-`
Printed Signature
Wi,rAa4ss Signal re
pf gaited Sigiiat, q
Witness SighatLire
Printed Signature
State of Florida
County of Seminole
FILE NUM 2003167072
OR BOOK 05021 PAGE 1836
HkRB-eUR-RLACE PARTNERSHIP, a
Fl
By
H.
("General Partner") -17%-
Dated: September 4f,--2003.
WILSON C#dll-, C.
By:
Robert L. 'H 1 as its
President
550 N. Palmetto Ave.
Sanford, FL 32771 /
Dated: September ,
�
2003.
I certify that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgments, personally appeared H. A. Duncan, known to me to
be the person described in and who executed the foregoing
instrument as general partner of Harbour Place Partnership, Florida
a general partnership. He acknowledged before me that he executed
the foregoing instrument as the act and deed of the partnership for
the uses and purposes therein mentioned under authority duly vested
in him by said partner hip. He are personally known to me or
4 partner
as identification.
Executed and sealed by me at Florida on
-i- f -� 1 2003.
(Affix notary seal)___
PATRICIA WAUSMN
my COMMISSION # DD 129074
EXPIRES: September 30, 2006
Brn 1hru Notary Public UndermwildWs
State
County of Seminole
Notary Public-State of Florida
Print Name:
I certify that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgments, personally appeared Robert L. Horian, known to me
FILE NUM 2003167072
OR BOOK 05021 PAGE 1837
to be the person described in and who executed the foregoing
instrument as President of Wilson Center, Inc., a Florida
Corporation. He acknowledged before me that he executed the
foregoing instruments as the act and deed of the corporation for
the uses and purposes therein mentioned under authority duly vested
in him by said corporation. He is personally known to me or
provided as identificaEl-n -
Executed and sealed by me at Florida on
2003.
(affix notary seal) Notary Public-State of Florida
Print Name: �; -�, ,,,;,j
- I fi
11� YAy f�, ll,
PATRICIA W. AUSTIN
MY COMMISSION #DD129074
EXPIRES: September 30, 2006
_10 Bowed Thru Notary ftbc Undetwritets
i:\fcw\ret\Wilson Center, Inc.\Harbour Place\Assignment of Ground lease
FILE NUM 2003167072 L- L)1+ L/
OR BOOK 05021 PAGE 1838
LRASE
,,� ;-- da y of
THIS LEASE is made and entered into this
1995, by and between the CITY OF SANFORD, FLORIDA,
a municipal corporation, hereinafter called "the City" or "Lessor"
and 13ARBOUR PLACE PARTNERSHIP, 305 Douglas Avenue, Altamonte
Springs, FL 32714-3332, hereinafter called "Harbour Place" or
"Lessee."
W I T 14 U S S R T H:
WHEREAS, Harbour Place owns the building located on the
following described real property, hereinafter called the "Prior
Leased Property",
Beginning at the Northeast corner of Lot 1, SANFORD
RIVERFRONT PROJECT, according to the Plat thereof as
recorded in Plat Bock 14, Page B8, of the Public Records
of Seminole County, Florida, run N. 6911614511 W., along
the Northerly line of said Lot 1, a distance of 400 feet,
thence run S. 4112611911 W,, 144.33 feet, thence run S.
69016145-- E., 451.06 feet to the Easterly line of Lot 1,
thence run X. 2004311511 E., 135.00 feet to the Point of
Beginning. Containing 1.2397 acres (54,000 square feet).
Together with access for ingress and egress over the
paved road known as North Palmetto Avenue extended from
its intersection with Seminole Boulevard to the demised
premises described herein; and
WHEREAS, the City owns the Prior Leased Property but not the
improvements and building located thereon; and
WHEREAS, there is an existing Lease upon the Prior Leased
Property dated' November 25, 1985, Addendum dated April 3, 1986, and
Second Addendum dated April 28, 1.986 (hereinafter collectively
referred to as the "Prior Lease Documents"); and
WHEREAS, the City and Harbour Place are desirous of entering
into this Lease, which shall supersede and replace the Prior Lease
Documents.
M/Zoo 'd SNVId 1IM30 HNINJ V6 :01 (02A)B�01-'M
FILE NUM 2003167072
OR BOOK 05021 PAGE 1839
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained and in consideration of the payments and
undertakings herein mentioned and for other good and valuable
considerations, the parties do hereby agree as follows:
1. Upon the terms and conditions hereinafter set forth and
in consideration of the payment of the rentals herein provided,
Lessor does hereby lease and let unto Lessee and Lessee hereby does
lease from Lessor that certain real property lying and being
situated in Sanford, Seminole County, Florida, commonly known as
One Harbour Place, hereinafter referred to as the "Leased
Property ", and more particularly described as follows:
Beginning at the Northeast corner of Lot 1, SANFORD
RIVERFRONT PROJECT, according to the plat thereof as
recorded in plat Book 14, Page 88, of the Public Records
of Seminole County, Florida, run N. 690161451 W., 140
feet for a Point of BeginningT thence continue W.
69016'45' w- along the Northerly line of said Lot 1, a
distance of 260 feet; thence run S. 410261191, W., 144.33
feet; thence run S. 6901614511 E. 311.059 feet to the
e
Easterly line of Lot 1; thence run N. 201143'1511 R. 135-00
feet to the Point of Beginning. Containing 0.685 acres
(38545.6 square feet).
2. The term and duration of this Lease shall terminate on
the 31st day of December, 2040.
3.* That Lessee hereby covenants and agrees upon execution Of
this Lease to pay to Lessor as rent for calendar year 1996 the sum
of THREE THOUSAND THREE HUNDRED FIFTY -THREE AND N01100 ($3,353,00)
DOLLARS with subsequent annual rentals to be due in advance without
demand on January 1 of each year for each and every year of the
term of this Lease, at the office of the Finance Director of the
City of Sanford, Post Office Box 1786, Sanford, Florida 32772-1786
--2--
910/200 'd MLi 698 P IS1 SNIVId IIHNSO 39MH 3t:01 (03A)20,01-'d9S
FILE NUM 2003167072
OR BOOK 05021 PAGE 1840
and to Pay to Lessor as rent from september It 1995, to December
31, 1995, Monthly =Gnt Of $279.42.
4. Both parties agree that the annual rent of Three thousand
three hundred fifty-three dollars ($3,353.00), shall increase three
percent (3%-) beginning January 1, 1997 and shall increase three
percent (3%-) per year for each and every year thereafter during the
term of this Lease, ed that, all improvements located
5. It is furthermore agre
upon the Leased Property shall upon the termination Of this Lease,
including any renewal in accordance with paragraph 14 herein,
revert in fee simple absolute to the City Of Sanford.
6. Lessee, in addition to the rentals required herein,
agrees to timely Pay all the annual ad valorem taxes and any other
taxes or assessments levied by any governmental authority on all
land, buildings, improvements? or personal property on the Leased
property. If the Lessor elects to pay said taxes or assessments On
behalf of Lesse e, Lessee, on demand, shall reimburse Lessor for all
sums actually paid on Lessee's behalf.
7, Lessee shall further provide public liability and
property damage insurance naming Lessor as co-insured in a company
or companies acceptable to Lessor in such amounts as shall be
required by Lessor provided; however, that the required minimum
insurance policy limits shall not exceed ONE MILLION AND N01100
($1,000,000.00) DOLLARS. Lessee shall also continuously carry full
replacement cost broad form hazard insurance on all improvements.
B. Lessee, at its sole expense, will operate, maintain and
__3__
STOMO 'd 099-169EWUl SKIM 11AMH 39MU 9V:01
FILE NUM 2003167072
OR BOOK 05021 PAGE 1841
repair all improvements constructed upon the teased Property and
will further Place and maintain landscaping in all appropriate
areas to create an aesthetically attractive improvement.
Furthermore, Lessee shall, at all times, maintain and repair the
improvements and the landscaping in a prompt, efficient and
workmanlike manner for the benefit of themselves and the public at
large. Lessee shall promptly comply with all statutes, ordinances,
rules, orders, regulations and requirements Of the 'Federal, state
and City Government and of any and all of their Departments and
Bureaus applicable to said improvements and the Leased Property,
for the correction, prevention, and abatement of code violations,
nuisances or other grievances, in, upon, or connected with the
improvements and the Leased Property during the term of this Lease;
and shall also promptly comply with and execute all rules, orders
and regulations of the applicable fire Prevention codes for the
prevention of fires, at Lessee's own cost and expense.
9. Lessee shall not assign this Lease or any part thereof
nor use the same, or any part thereof, nor permit the same, or any
part thereof, to be used for any other purpose than as herein
agreed, nor make any alterations therein, nor any additions
thereto, without the written consent of the Lessor, which consent
shall not be arbitrarily or capriciously withheld. All additions,
fixtures or improvements which may be made by Lessee, except
movable office furniture, shall become the property of the Lessor
and remain upon the Leased Property as a part thereof, and be
surrendered with the Leased Property at the termination of this
--4--
M/900 'd 09L69EWIR SNV9d 1113N30 39MU 9P:01 (OW20,01-'M
FILE NUM 2003167072
OR BOOK 05021 PAGE 1942
with paragraph 14,
;Lease, including any renewal in accordance
herein environmental
10- Lessee shall not be liable for any prior
contamination Of the Leased Property, nor for Cleanup Of same-
Lessee shall be responsible for any environmental contamination,
that results from its occupancy or subleasing Of the Leased
Property. refusal to lease
11. Lessee shall have the right of first
that property deleted from the Prior Lease Documents by this new
Lease, should the City, in the future, choose to lease same;
however, this right shall be predicated on Lessee's willingness to
develop said property in a manner acceptable to the City Of
Sanford-
12. It is acknowledged that the City's Land Development Code
parking requirements have changed since construction Of the
existing building on the Leased Property. The Leased Property
contains forty-two (42) parking spaces while the City's Land
Development Code requires fifty (50) parking Spaces for the
existing facility for ordinary commercial use and requires more
parking Spaces if certain other commercial uses were present- The
undeveloped land in the prior Lease Documents could have been
developed into thirty-four (34) additional parking spaces.
Therefore, the Leased Property, including any expansion thereof in
accordance with paragraph 11 above, shall be deemed to have 84
parking spaces for Purposes of compliance with the City's Land
Development Code Parking Requirements -
__5__
310/900 'd 09L,698"At:131, SINVId 1IM30 39NIU W01 (03A)£0,01-*M
FILE NUM 2003167072
OR ROOF{ 05021 PAGE 1843
13. Lessee shall not permit the operation of a motel,
restaurant, lounge, mar3 -na, bar or package store on the Leased
property. This paragraph shall be deleted from this Lease as soon
as the corresponding non- compete clauses Can be de1eted from the
aragraph i1 of the
other City leases on the Riverfroat property [F.
Holiday inn Lease dated May of 1995 and Article XI(c) of the Monroe
Harbor Inc, Lease dated March 14, 19671.
14. At the end of the term hereof, Lessee shall have first
right, of refusal of a renewal Of this lease for forty -five (45)
additional years. in this respect the City may, six (6) months in
advance of the expiration of this Lease, provide to Lessee in
writing the new terms and conditions of such renewal and within
r.hirty (30) days thereafter Lessee shall signify its written
acceptance or rejection of such terms. Failure of the Lessee to
respond within. thirty (30) days shall constitute rejection. In the
event the renewal terms are rejected by Lessee, this Lease shall
terminate on December 31, 2040, and Lessee shall forthwith deliver
up the premises in good Condition subject to reasonable wear and
tear. All equipment Permanently affixed to either the buildings
located on the Leased property or anywhere within the Leased
Property shall remain upon. the Leased Property and become the
property of the Lessor. ey definition, permanently affixed means
those items which cannot be removed without damage to the
improvements and shall ;specifically include but not be limited to
all buildings, fixtures, structures, landscaping, walkways,
awnings, utilities and signs.
- -6 --
SIO /A0 'd O9SL698zWISI AM IIJSNS8 SMINJ W01 (OW20 ,0I'd9S
FLUE NUM 8008187072
OR 0013K 05021 PAGE 1844
,fault hereof by Lessee, this Lease at the option
15. upon d all
of Lessor, shall be declared null and void in which event
improvements and permanently affixed equipment shall enure to and
become the property of Lessor. In addition, Lessor shall have all
the rights and remedies afforded to it under the laws Of the State
of Florida including but not limited to the right to apply to a
Court of competent jurisdiction for the appointment of a receiver
and for all other remedies provided for by law and specifically
including all remedies set forth in Chapter 83 of the Florida
Statutes. The timely payment of the rent for the Leased Property,
and the faithful observance of all terms of this Lease, are the
conditions upon which the Lease is made and accepted and any
failure on the part of the Lessee to comply with any term of this
Lease, shall at the option of Lessor, work a forfeiture of this
Lease, and all of the rights of Lessee herein
16. If Lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against Lessee before the end of
the term of this Lease, the same shall constitute a default Of this
Lease and Lessor is hereby irrevocably authorized at its option, to
forthwith cancel this Lease. Lessor may elect to accept rent from
such receiver, trustee, or other judicial officer during the term
of their occupancy in their fiduciary capacity without affecting
Lessor's rights as contained in this Lease, but no receiver,
trustee, or other judicial officer shall ever have any right, title
or interest in or to the Leased Property by virtue of this Lease,
11. in the event of any default under this Lease, Lessor Will
M/800 'd 099L69L.W131 sNvqd 11J3N39 39MU 9t:01 (03M)20'01-'d3S
I
FILE NUM 2003167072
OR BOOK 05021 PAGE 1845
not�, te3-�mirjate this LeaSe Or take any action to enforce any claim
with respect thereto without giving to the holder of any mortgage
herei
located On the Leased Property, -naf ter
ors. improvements referred to as ,the Lender", at least thirty
(3()) days, prior
written notice and the right to cure such default within said
eriod; and so long as the Lender has not entered in possession Of
p other
the Leased Property, it shall not be liable for rent Or any
obligation Of Lessee pursuant to, or in connection with this Lease,
and Lessee shall remain liable for all such rents and obligations.
IN WITNESS WHEREoF, the parties have hereunto set their hands
and seals to this Lease on the day and year first written above.
signed, sealed and delivered
in the presence Of;
itnems
Witness
Witness
" n p
_8s
3p,jP0P�D\0HP,L5V
CITY OF SANVOP-D, FLQRIDA
y
IT MAYOR
— 4Y
By.
B 4ET T D. s ITH,
BOTJR PL IHI PARTNISMS1411P
By.-
Title"
--B--
'V:01 MA)20,0T-'M
STO/600'd 09L69EW131 SNIVId 1IM30 39NINA L