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040-Airport Authority-Police De- 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 1 f e- (t 5) 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 2 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, 3 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. 4 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. 5 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. 0 � k 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 ROUTING MEMO TO: Name Department or Organizational Code Action Initials and Date 5. Please Handle 9. Signature 2. Approval 6. As Requested 10. Please Reply 3. Please See Me 7. Please File 11. See "Remarks" ❑ APPROVE and ❑ FORWARD ❑ RETURN ❑ KEEP OR DISCARD ❑ REVIEW WITH ME ACTION: 4. Please Call Me 8. Note and Return 1. Your Information 5. Please Handle 9. Signature 2. Approval 6. As Requested 10. Please Reply 3. Please See Me 7. Please File 11. See "Remarks" ❑ APPROVE REMARKS (Use Reverse Side for More Space) - 0s, is t {erc ��� �5� cC CU � Q S I V FROM � (/ DATE 12. Re Our Conversation 13. Your Comments or Recommendations 14. Read and Pass On Post -it routing request pad 7664 ROUTING - REQUEST Please ❑ READ To . HANDLE' ❑ APPROVE and ❑ FORWARD ❑ RETURN ❑ KEEP OR DISCARD ❑ REVIEW WITH ME Date / From x Gl 12. Re Our Conversation 13. Your Comments or Recommendations 14. Read and Pass On