059-Word For Right MinistriesT E A S E
THIS LEASE AGREEMENT, made this lO +h day of MaV , A. D.
IDW , by and between CITY OF SANFORD, hereinafter called "LESSOR ",
and Word for Night Now Ministries, Inc./ Productive Innercity
Education hereinafter called "LESSEE ".
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
LESSEE to be observed and performed, the LESSOR leases to the LESSEE
and LESSEE 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 LESSEE's obligation to pay
rent, shall commence on May 9, 2000, and shall end, unless sooner
terminated as hereinafter provided, at midnight on Auqust 9, 2000.
(3) RENT 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 monthly rental of $500.00, payable in advance on
the signing of this agreement plus applicable sales tax, beginning
May 9, 2000
(4) TAXES . The LESSEE shall pay all taxes and special
assessments which may be taxed, charged, assessed, levied or imposed
upon the premises and upon any building or improvements thereon during
the term of this Lease.
(5) 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 the applicable governmental bodies and fire
inspection and rating bureaus relating to the use of said premises,
including sidewalks, alleys, and streets adjoining.
(6) 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 act of negligence of LESSEE, its
agents, or sublessees, and LESSEE shall at all times during the term
of this Lease keep the buildings and improvements on the premises,
both exterior and interior, structural and otherwise, in good repair,
ordinary wear and tear excepted, and shall make all repairs and
improvements, both exterior and interior, structural and otherwise, at
its sole expense. LESSEE 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 LESSEE to accumulate thereon,
or upon the sidewalks, alleys, or streets adjoining the same. All
glass on demised premises is the sole risk of the LESSEE 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 LESSEE.
LESSEE shall make all equipment replacements. The LESSEE will also be
responsible for grounds maintenance including mowing, in the shaded
area as shown on Attachment #1.
(7) MECHANIC'S LIENS LESSEE shall not allow any liens to be
filed nor shall anyone claiming by, through, or under LESSEE 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 LESSEE 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.
(8) ADDITIONS AND ALTERATIONS LESSEE, with LESSOR's written
consent, may, at its sole cost and expense, at any time during the
term hereof, make any alterations or improvements in or upon the
demised premises which LESSEE 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 LESSEE in a good and workmanlike manner
and in substantial compliance with all requirements of law and
governmental rules and regulations. LESSEE 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. LESSEE shall apply for or join with
LESSOR in applying for all permits necessary to promptly execute such
consents as such authorities may require in connection with the
foregoing work.
(9) UTILITIES The LESSEE shall pay all charges for utilities,
including water, gas, electricity, and sewerage, and also for trash
and garbage removal, as imposed by governmental authorities. Upon
signing this agreement, all of the above services must be turned on in
the LESSEE's name.
(10) BANKRUPTCY OR INSOLVENCY If at any time during the term of
this Lease, a voluntary case is commenced by the LESSEE, or an
involuntary case is commenced with respect to the LESSEE, 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 LESSEE. 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 LESSEE 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 LESSEE's estate.
However, the LESSOR shall be entitled to exercise all available rights
and remedies and to recover from the LESSEE all monies that may be due
or become due, including damages resulting from the breach of the
terms of this Lease by the LESSEE.
(11) INSPECTION OF AND ACCESS TO PREMISES The 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 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 LESSEE
has exclusive use of the storage room located on the right side as you
enter the front door.
(12) INDEMNIFICATION OF LESSOR The LESSEE shall pay to LESSOR
all costs and expenses incurred in the enforcement of any of the
provisions of this Lease, including reasonable attorneys' fees.
LESSEE hereby agrees to fully hold LESSOR harmless and fully
indemnify it 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 attorneys' 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 LESSOR or its agents or
employees in conjunction with this Lease or use of the demised
premises.
(13) 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 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 shall be listed as additional names insured on an
insurance certificate to be provided to LESSOR.
(14) FIRE INSURANCE LESSEE shall, at its sole expense, at all
times during the term of this Lease, carry fire, extended coverage,
vandalism, and malicious mischief insurance in an amount equal to or
less than ninety percent (900) of the replacement value of all
buildings and improvements on said premises without deduction for
depreciation, in good and solvent insurance companies authorized to do
business in the State of Florida and approved by LESSOR. All
insurance policies shall contain a replacement cost endorsement (Form
158R) or equivalent form, and the names of the LESSEE and the LESSOR
as the insureds as their respective interests may appear.
(15) INSURANCE CLAIMS LESSEE shall settle and adjust any
claims against any insurance company under the fire or extended
coverage policies of insurance as described in Paragraph 14 hereof,
but before making final settlement of all claims over One Thousand
Dollars ($1,000.00) the written approval of LESSOR shall be obtained.
Insurance monies over One Thousand Dollars ($1,000.00) shall be paid
to LESSOR, and after LESSOR has deducted therefrom the expenses, if
any, reasonably incurred in the collection thereof, the balance shall
constitute a trust fund and shall be held by LESSOR to be expended as
herein provided for the repairing, rebuilding or restoration of said
buildings and improvements. The said insurance so collected by LESSOR
shall be paid out by LESSOR in reasonable installments from time to
time upon the certificates of a competent and reputable architect
employed by LESSOR and LESSEE or upon other sufficient and reliable
evidence and vouchers, as approved by LESSOR and LESSEE, to the
contractors and other persons doing work, and /or furnishing material
for such repair, restoration or rebuilding. In the event that the
insurance monies actually received by LESSOR, less the expense of
collection, if any, reasonably incurred in such collection, shall be
insufficient to make such repairs, restoration or rebuilding, LESSEE
shall pay any difference. In the event that the insurance monies
actually received by LESSOR, less costs of collection as above
mentioned, shall exceed the cost of such rebuilding, restoration or
repair, then and in such event, upon completion of such repairs or
rebuilding, the surplus shall be paid over to LESSEE provided that
LESSEE shall not at the time be in default in the performance of any
of the covenants or conditions of this Lease.
(16) 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 be so badly
damaged that they cannot be repaired and restored within sixty (60)
days from the happening of such damage, then LESSEE shall have the
privilege of cancelling this Lease by giving written notice to LESSOR
within thirty (30) days after the happening of such damage. If LESSEE
shall not exercise its right as hereinabove granted to cancel and
terminate, then and in such event, LESSOR shall repair and restore the
premises with all reasonable speed, and the rent shall abate during
the time LESSOR is making such repairs. If LESSEE shall exercise its
right as hereinabove granted to cancel and terminate, said insurance
monies shall be paid and may be collected by LESSOR for its sole
benefit. In any case where damage exceeds twenty -five percent (25%)
of the facility value, the LESSOR reserves the right to choose not to
rebuild or repair.
(17) NET RENT It is the purpose and intent of the LESSOR and
LESSEE that all costs, impositions, insurance premiums, carrying
charges, expenses, levies, taxes and obligations as set forth herein,
relating to the demised premises, 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 LESSEE.
(18) ASSIGNMENT AND SUBLETTING Lessee agrees not to assign this
lease without first obtaining Lessor's written consent to the
assignment. Such assignment shall not release Lessee from any of its
obligations under this lease.
(19) 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 assignee has been approved by LESSOR in
writing as hereinabove set forth.
(20) DEFAULT In the event LESSEE 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 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 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 being hereby waived.
(21) 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, LESSEE shall be responsible to pay any
reasonable attorney's fees incurred with or without a lawsuit,
including fees incurred for appeals.
(22) 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.
(23) SERVICE OF NOTICE AND ADDRESS OF THE PARTIES The LESSEE
herewith irrevocably agrees to appoint as its Agent the person in
charge of the LESSEE's business being then operated in the demised
premises, to receive service of all notices hereunder, including
dispossessory and /or distraint proceedings, and, if no person is then
in charge of said LESSEE'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 pursuant to the
provisions contained in this Lease shall also be mailed to the
LESSEE'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 LESSEE is:
430 S. Garfield Avenue
DeLand, Florida 32724
All notices to the LESSOR shall be given to the LESSOR at Post
Office Sox 1788, Sanford, Florida 32772 -1788.
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.
(24) WAIVER OF RIGHTS No failure of LESSOR to exercise from
time to time any right or privilege granted LESSOR hereunder, or to
obligations hereunder required of the LESSEE, and no custom or
practice of the parties at 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 LESSEE herein contained shall be construed as a waiver of any
subsequent breach of the same or any other covenant herein contained.
(25) 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.
(26) RECORDATION LESSOR and LESSEE agree not to place this
Lease of record.
(27) 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.
(28) QUIET ENJOYMENT So long as the LESSEE pays the Rent and
faithfully performs and observes all of the covenants and provisions
hereof upon its part to be performed, LESSEE 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.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
Signed, Sealed and Delivered
in the Presence of Witnesses:
I
--'� •
t o ,.
i E, Mayor
WORD FOR RIGHT NOW MINISTRIES, INC.
PRODUCTIVE INNERCITY EDUCATION
By:
BISHOP hAVID GRANT, SR.
(904) 943 -9741
AcoRO INSURANCE BINDER CSR SK
DATE
COINS %
05/09/00
THIS BIN IS A TE MPORARY INS URANCE CON TRACT, SUBJECT TO THE CO NDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER PH ON E Ext): 407 - 5 74 -3030
COMPANY
BINDER# 3553
7- 574 - 529 -- - - --
GUIDEONE INSURANCE
$1000000
$ 1000000
EFFECTIVE
$ 1000000
EXPIRATION
AU
MEL HIMES & ASSOCIATES INS
DATE
TIME
DATE
TIME
$
$
X
AM
$
X
12:01 AM
1200 DELTONA BLVD #61
ACTUAL CASH VALUE
$
DELTONA FL 32725
05/09/00
12 :01
PM
06/08/00
NOON
_
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY
PER EXPIRING POLICYM
MARY ANN PIEN TKA
CODE: 0 -388 SU B CODE:
AMEN Y
DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location)
CUSTOMER ID: WORDFOR
CHURCH MEETING AT 901 W SEMINOLE
BLVD,SANFORD FL 32771
INSURED
WORD FOR RIGHT NOW MINISTRIES
430 S GARFIELD AVE
$
DELAND FL 32724
I
SPECIAL Ij FEES
O�HER OHS/ TAXES
COVERAGES
ESTIMATED TOTAL PREMIUM
r.nVFRAr,RR LJMI 1 J
TYPE OF
COVERAGE /FORMS DEDUCTIBLE
COINS %
AM
PROPERTY CAUSES OF LOSS
BASIC 71 BROAD SPEC
LO SS PAYEE
GENERAL LIABILITY
x 1 COMMERCIAL GENERAL LIABILITY
' CLAIMS MADE F; OCCUR
j
EACH OCCURRE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
PERSONAL & ADV INJURY
I GENERAL AGGREGATE
RETRO DATE FOR CLAIMS MADE: j PRODUCTS - COMP /OP AGG
$1000000
$ 1000000
$ 5000
$ 1000000
$2000000
AU
F$2000000
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
' SCHEDULED AUTOS
R I HIRED AUTOS
X NON -OWNED AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
j MEDICAL PAYMENTS
PERSONAL INJURY PROT
UNINSURED MOTORIST
i
$ lOOOOOO
$
$
$
$
$
$
AUTO PHYSICAL DAMAGE DEDUCTIBLE
COLLISION:
OTHER THAN COL:
ALL VEHICLES L SCHEDULED VEHICLES
ACTUAL CASH VALUE
$
STATED AMOUNT
OTHER
GARAGE LIABILITY
ANY AUTO
i AUTO ONLY -EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
$
$
$
EXCESS LIABILITY
j UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
RETRO DATE FOR CLAIMS MADE: SELF - INSURED RETENTION
$
$
$
WORKER'S COMPENSATION
AND
EMPLOYER'S LIABILITY
WC STATUTORY LIMITS
E.L. EA A
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
SPECIAL Ij FEES
O�HER OHS/ TAXES
COVERAGES
ESTIMATED TOTAL PREMIUM
$
$
$
NAME & ADDRESS
ACORD 75-S (1198) NOTE: IMPORTANT STATE INFOKMAI IQMON Kt Mit 51Ut -- AGtJKU L;UKI'UKAI ION IbIV3
MORTGAGEE
L
ADDITIONAL INSURED
LO SS PAYEE
LOAN #
CITY OF SANFORD
POLICE BENEVOLENT GROUP
901 W SEMINOLE BLVD
AU
REPRESENT VE
SANFORD FL 32771
rmLY
E
ACORD 75-S (1198) NOTE: IMPORTANT STATE INFOKMAI IQMON Kt Mit 51Ut -- AGtJKU L;UKI'UKAI ION IbIV3